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Using Chen case in family permit application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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daddy
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Using Chen case in family permit application

Post by daddy » Sat Mar 16, 2013 2:01 pm

Can I apply for family permit using Chen case, as there is a recent changes to EEa regulation.Pls read the following from recent statement of changes


In the subsequent case of M (Chen parents: source of rights) Ivory Coast [2010], the Upper Tribunal found that 'Chen' carers persons have a right of residence under European law. This determination effectively prevented the UK Border Agency continuing to require Chen carers to apply for leave under the Immigration Rules, because section 7 of the Immigration Act 1988 says that a person who has 'an enforceable Community right' shall not require leave to enter or remain in the UK.
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Obie
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Ireland

Post by Obie » Sat Mar 16, 2013 2:17 pm

what is the nationality of your child?
Smooth seas do not make skilful sailors
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daddy
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Post by daddy » Sat Mar 16, 2013 4:23 pm

my children are EU citizens( Irish)
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daddy
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Post by daddy » Mon Mar 18, 2013 1:26 pm

Pls any contributions to my question. Thanks.

Daddy.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Mar 18, 2013 1:27 pm

Where is the child and parents?
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daddy
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Post by daddy » Mon Mar 18, 2013 1:28 pm

Any help pls.
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daddy
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Post by daddy » Mon Mar 18, 2013 1:29 pm

Directive/2004/38/EC wrote:Where is the child and parents?
Ireland, wanting to apply for Family permit to visit UK.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Mar 18, 2013 1:31 pm

I must say I do not know exactly what your question is. What would you like to know?
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Obie
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Post by Obie » Mon Mar 18, 2013 2:23 pm

You should be able to qualify under Regulation 12, amended.
Smooth seas do not make skilful sailors
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Mar 18, 2013 9:12 pm

Obie wrote:You should be able to qualify under Regulation 12, amended.
That is true but I do not think that is the question. They are in Ireland and are asking if they even need a visa I think.
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daddy
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Post by daddy » Mon Mar 18, 2013 11:10 pm

Directive/2004/38/EC wrote:
Obie wrote:You should be able to qualify under Regulation 12, amended.
That is true but I do not think that is the question. They are in Ireland and are asking if they even need a visa I think.
My question is: Is there any provision in the law (UK) that allows a non EU parent of EU child to apply for UK family permit.
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Obie
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Post by Obie » Tue Mar 19, 2013 12:10 am

Also read. Regulation 11(5)

You don't really require an EEA family permit, if you are sure you meet the requirements of Regulation 11(5), as ammended.
Smooth seas do not make skilful sailors
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Mar 19, 2013 2:26 pm

What is the legal status of the non-EU parents in Ireland right now? Do you have a visa or a RC or something similar?
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daddy
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Post by daddy » Tue Mar 19, 2013 9:58 pm

Obie wrote:Also read. Regulation 11(5)

You don't really require an EEA family permit, if you are sure you meet the requirements of Regulation 11(5), as ammended.
I have been to uk twice with my family on visit, we traveled via holyhead by ferry, and in those two occassions spent about one hour with the IO but later was allowed to enter uk, in the second occassion I was issued with six months leave to enter on a piece of paper(A4 size).

The issue is that we want to fly this time, and the airline would not allow me to board the flight without family permit. thats why I asked the initial question on this post.
Thanks.

NB: I have RC in Ireland.
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daddy
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Post by daddy » Thu Mar 21, 2013 8:12 am

Anymore contributions please.
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