non EEA parent

smartmonkey · Post by **smartmonkey** » Sun Apr 07, 2013 9:01 pm

I am a non-EEA parent or primary carer of an EEA national child - can I apply to reside in the UK?

I am south african and my 7 year old child is spanish. Is it possible for me to live in the UK as a parent of an EEA national

Post by **EUsmileWEallsmile** » Sun Apr 07, 2013 9:50 pm

It may be possible - see Chen ruling.

smartmonkey · Post by **smartmonkey** » Mon Apr 08, 2013 10:01 am

thanks for getting back...wasnt sure what forum to write in.

Would i be able to work in the UK? I have no idea where this information from.

wiggsy · Post by **wiggsy** » Tue Apr 09, 2013 2:33 am

EUsmileWEallsmile wrote:It may be possible - see Chen ruling.

chen doesnt give the parent the right to WORK and reside in the UK though... only to live if the child can be self sufficient ?

@op...
where are you living ATM?

the the other parent is spanish? - i assume that you are not together as you do not mention him/her?

Are you married to an EEA national? where do they reside?...

more details like this MAY help, IE: Spouse of EEA national working/student in UK can live and work in UK as the family member - even if "seperated" - the right only ends once they are divorced...

Post by **Obie** » Tue Apr 09, 2013 8:27 am

wiggsy wrote:
EUsmileWEallsmile wrote:It may be possible - see Chen ruling.
chen doesnt give the parent the right to WORK and reside in the UK though... only to live if the child can be self sufficient ?

@op...
where are you living ATM?

the the other parent is spanish? - i assume that you are not together as you do not mention him/her?

Are you married to an EEA national? where do they reside?...

more details like this MAY help, IE: Spouse of EEA national working/student in UK can live and work in UK as the family member - even if "seperated" - the right only ends once they are divorced...

I dont believe that is correct though. There has been changes to the EEA Regulation, to provide right of employment to the beneficiaries of Chen.

smartmonkey · Post by **smartmonkey** » Fri Apr 12, 2013 7:25 pm

Hi, thanks four your replies. my ex is also from South Africa and neither of us have Spanish nationalities. Only our child does. Would I need to come to the UK to apply? I don't want to be a burden on anyone and therefore would ideally want to find work. The only support I have is all based in the UK

wiggsy · Post by **wiggsy** » Fri Apr 12, 2013 11:45 pm

Obie wrote:I dont believe that is correct though. There has been changes to the EEA Regulation, to provide right of employment to the beneficiaries of Chen.

https://www.whatdotheyknow.com/request/ ... 0FINAL.pdf Annex E - I appologise. Once again Obie... You are correct!

16. However, primary carers with a right to reside on the CHEN basis are, since 16th July 2012, able to work in the United Kingdom regardless of whether or not documentation has been issued to them by UKBA in that capacity. This means caseworkers may now encounter two distinct categories of application:

@Smartmonkey

go to a british embassy / other visa post and apply for an EEA family permit.

smartmonkey · Post by **smartmonkey** » Sun Apr 14, 2013 5:00 pm

Thank you for all your replies and advise. What is meant by a self sufficient child? Does my child need to be self sufficient to apply for a family permit?

Immigrationboards.com: Immigration, work visa and work permit discussion board

non EEA parent

non EEA parent