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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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i got non-Euro family member EEA 3 years residence visa before(my

Customer Question

i got non-Euro family member EEA 3 years residence visa before(my daughter is IRISH),but i can't work,then i change to apply spouse visa(my non-married partner is BRITISH),now i got 2 and half years limited leave to remain visa,i can work now,and be told i need make futher applications,and at least take 10 years can required for settlement.
That is too long for me,can i still continue apply EEA visa,i heard that just takes 5 years can apply PR.
(my last time EEA VISA be expired during i apply spouse visa)
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

You applied to switch to a spouse visa and were successful, correct?

Customer: replied 3 years ago.

been refused,but i got 2and half years humanitarian visa,because my children settledown here.

Customer: replied 3 years ago.

fao tom only

my spouse visa been refused,but i got 2 and half years humanitarian visa


Customer: replied 3 years ago.
Relist: Incomplete answer.
too short,i want you answer my question,not you ask me my question,sir.
Expert:  UKSolicitorJA replied 3 years ago.

You will only qualify for settlement as a non-EEA national family member if you have resided in the UK for a continuous period of 5 years in accordance with the EU laws relating to free movement rights that were in force during the 5-year period.

You may apply for access to your child under the Chen case using form EEA2 provided your child holds comprehensive sickness cover and is self sufficient, however, you will not have the right to work and you will not qualify for PR under this route.

see the Home Office guidance below:

Following the ruling by the European Court of Justice (ECJ) in the case of Chen (ECJ C-200/02) the parent(s) or primary carer of an EEA national child is entitled to reside in a Member State with a self-sufficient EEA national child solely to facilitate the child in exercising their Treaty rights. The child must have comprehensive sickness insurance and be self-sufficient. This means that they must not rely on funds earned by a non-EEA national parent(s) or primary carer in the UK, unless this comes from legal employment or self-employment (if the parent(s) or primary carer is in the UK on a work permit).

In cases where the non-EEA national parents or primary carer wishes to reside in the UK on the basis of their relationship with an EEA national self-sufficient child, then they can apply for leave to remain under paragraph 257C of the Immigration Rules. The leave granted does not allow the parents or primary carer, the right to work in the UK and does not lead to permanent residence or indefinite leave to remain. Applications made on this basis are free of charge and should be submitted on an EEA2 form.

Hope this helps.

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