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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10594
Experience:  Barrister 17 years experience
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I have a niece who came here to join her dad and step mum.

Resolved Question:

I have a niece who came here to join her dad and step mum. She is 16 yrs and is on the 6 months eea permit due to exp early Nov. Her mother passed away a long time Go. We her family are all here and sis who has been looking after her before coming lives abroad now too. Issue is step mum is deliberately not renewing to resident permit she does not like my niece and its bewn mental torture from 1st month. They moved her out and has been staying with my other sis and is now settled in college. There has been o financial support except from us and especially her grandma meets most financials. What do we do we cant send her to home country only person there is anothee niece who is in uni only just turned 21. Is this a safefuarding issue. Child is obviously going through an wmotional ordeal. Help pls! Thank u
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
HelloIs it possible to get a response please? This is important and needs urgent attention and time is of the essence. Many thanks
Expert:  Buachaill replied 1 year ago.
1 . Here so long as the Dad of the 16 year old niece is an EEA national, the niece does not need to make any other application to remain in the UK until she is 21. She has an automatic right as the family member under 21 of an EEA national settled in the UK. The niece can apply for a residence card herself to confirm her right of residence in the Uk, but strictly speaking this is not necessary. This is because the Uk grants reciprocal rights to all EEA members citizens as are granted by those EEA countries to Uk citizens. Here is a link to a guide on applying for a residence card https://www.gov.uk/apply-for-a-uk-residence-card/overview. However, be aware that this strictly is not necessary. However, it will make entering or leaving the UK much easier for your niece if she has a residence card.
Customer: replied 1 year ago.
Thank you. Her dad is settled here as a spouse to an EEA national, he is married to an EEA, he was born in Africa so niece was granted her permit as a child to that family to join family. Does the above still apply or she needs to renew/extend? Her dad has not done 5 years on the permit/visa? Thank you
Expert:  Buachaill replied 1 year ago.
2. It is the same situation if is the spouse of the dad who is the EEA national. The niece is still part of that family and would have rights to stay as a result. She doesn't need to extend or renew. It makes no difference that the Dad does not have five years done on his visa. However, the niece should apply for a residence card as it will make entry and exit from the UK much easier if she wants to visit her African country. Be aware that the niece can apply for Uk citizenship once she has five years residency in the UK.
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Customer: replied 1 year ago.
Thank you for your response which has been noted.