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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 576
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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03/03/2016 10:22Thanks,If I chose to apply under

Resolved Question:

03/03/2016 10:22Thanks,If I chose to apply under domestic rules (Appendix FM) instead of under EU law given my chid qualifies as an EU national family member before my divorce o her step mum, is the financial requirement applicable at £18600? The applicant is not my partner, she is rather my under 18 child only. I am a disabled person and can't stay in jobs. I am applying for PIP but have not heard a decision yet. My child is my only carer in the country and she is registered with GP as such person. She is not in receipt of Carer's Allowance as she is in full time education. What rules would apply in this case?
Regards
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
HelloChildren whose parent is settled or applying to be settled in the UK will come under Part 8 of the rule, which means that the parent will need to show instead, that the child will be maintained adequately by the parent the child is seeking to join, without recourse to public funds.
Customer: replied 1 year ago.
which means according to my circumstances?
Expert:  frantzgregory replied 1 year ago.
Which means you can apply under UK domestic law as you were told by the Home Office
Customer: replied 1 year ago.
I believe this child has had recourse to public funds in the UK and strongly feel they should retain those rights and believe the EEA route is the correct route. Is there anything in the laws as they stand now that prevent my child to apply to retain her residence rights given she meets the criteria set by current regulations? I have not told the home office specifically. It was a general enquiry done by a 3rd party.
Expert:  frantzgregory replied 1 year ago.
HelloUnfortunately I am not allowed to give advice on JA. I can only answer general questions and not advice relating to the law relating to your specific case.
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