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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 11225
Experience:  Barrister 17 years experience
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I have a Southern Irish passport and thus have permanent

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I have a Southern Irish passport and thus have permanent residency in the UK. I want to bring my American-born son to live with me in the UK as he has schizophrenia. I was first told that I needed to purchase Comprehensive Sickness Insurance (CSI) which is the beginning route of getting permanent residency, and that I would have to exercise my treaty rights. However Irish law (1921 Treaty) predates any E.U. law.Lawyers don't seem to know how to help me. I see the situation as fairly straight forward. Can you point me in the right direction please?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Customer: replied 5 months ago.
Hello. How long will this take?

1. Can you explain how you got your Irish passport. Do you have a parent who was born in Ireland? Or a grandparent who was born in Ireland? Was your birth added to the Irish Foreign Births Register before your son was born?

2. Dear *****, some additional information is necessary so I can answer your question.

Customer: replied 5 months ago.
I got my Irish passport through descent (my grandmother was from Southern Ireland). Unfortunately, my FBR was only recorded in 2007. My adult dependent son was born in 1980.

3. The question will take as long as the chat continues.

4. Was your mother's birth registered in the Irish Foreign Birth's Register and if so, when?

5. I am asking these questions to see if your son can get Irish citizenship by descent.

Customer: replied 5 months ago.
My adult son has schizophenia.I have no knowledge of my mother being registered in the FBR
Customer: replied 5 months ago.
At least you are asking relevant questions and 'appear' to know what you are talking about - unlike the solicitors I hired.

6. I would advise you to check to see when your mother's birth was registered in the Irish Foreign Births Register as if it was registered there before your son was born in 1980, then he will qualify for an Irish passport. This would avoid a visa being necessary.

Customer: replied 5 months ago.
Do you have a number I can call about this?

7. However, if your son cannot get an Irish passport, then he will have to apply for an EEA Family Permit based on you being an EEA citizen who is entitled to have their family members live with them. Here is a link to the relevant page of the Uk Government website which sets out how you can apply. https://www.gov.uk/family-permit

8. I don't provide the Live Phone Service. However, I can answer your questions here.

Customer: replied 5 months ago.
Home Office just told me that I only need to file EEA(FM) Application for a registration certificate or residence card as the family member of a European Economic Area (EEA) or Swiss national

9. Be aware that the issue of comprehensive sickness insurance is necessary only if your son ultimately wants to acquire UK citizenship and live permanently in the UK. However, if he is schizophrenic, he will not be able to access all the care provided by the NHS, so, for this reason, private health insurance would be better for him.

Customer: replied 5 months ago.
that he needs to apply in country. The family permit is to be made out of country

10. But your son is outside the UK at the moment. So, if you read the UK Government website, you will see the application can be made online from America where he is now. Essentially, the initials EEA(FM) are European Economic Area (Family Member) application. This is the same advice I am giving you as you are getting from the Home Office.

11. It is not possible to apply for a EEA Family Permit from within the UK. So, for this reason, he should apply from America online.

Customer: replied 5 months ago.
sorry, I forgot to say that my son is with me in the UK.
Customer: replied 5 months ago.
sorry!

12. What visa is your son on? How is he validly in the UK?

Customer: replied 5 months ago.
He came here on 18 December 2017 on a tourist visa. I was told by solicitor that I needed to show that he was a part of my family unit.

13. You need to realise that EEA Family Permits don't issue to people with Tourist Visas in the UK as essentially, they were given a Tourist visa on a different pretext. You will see at point 4 'Apply' on the UK Government website for EEA Family Permits in big letters 'YOU MUST BE OUTSIDE THE UK TO APPLY'.

14. Essentially, your son will have to leave the UK to validate his immigration status and get a Permanent Visa. It was foolish coming to the UK on a Tourist Visa when your son wanted to remain in the UK permanently. Essentially, by making declarations that he was only coming temporarily to the UK, this would work against getting a permanent visa to remain in the UK.

Customer: replied 5 months ago.
that he should stay with me at least for 3 months.I understand about family permit applications.Much of the problem stemmed from the lawyer saying that even though I was Irish and holding a valid Irish passport that I still needed to have Comprehensive Sickness Insurance... which is a precusor to getting permanent residency. I informed lawyer that since I already had permanent residency due to being Irish that I did NOT need CSI but she kept on saying that I did. I called and emailed Home Office multiple times who stated that I did NOT need CSI. She also stated that I needed to apply for my son's application prior to the end of March 2018.
Customer: replied 5 months ago.
BUT, BUT, BUT the Home Office told me that I could apply for te EEAFM.
Customer: replied 5 months ago.
could apply for the EEAFM application now that he is here. And the lawyer said the same.

15. It strikes me that you were badly advised by your lawyer as they didn't know the rules applicable to Irish citizens. As an Irish citizen, you don't need Comprehensive Sickness Insurance. Secondly, I am sure the Home Office gave you advice, just like I did, with you saying, as you said in your question 'I want to bring my son to the UK'. There is different advice if your son is here on a Tourist visa. Finally, if you can get a lawyer who says they can get an EEA Family Permit whilst your son is in the UK, then hire them to do the work!!!! That, alas, is not how the rules work.

16. I know this is not what you want to hear. You should also make clear when you are seeking advice in future to state that your son is an adult of 27, as the advice is different if they are a dependent child.

Customer: replied 5 months ago.
J.C.!!! - Sorry. She also said that I was self employed that I'd still need to pay CSI. I sent her all the evidence that I did not because of being Irish. She was the only to tell me to bring him here. She was the only that we had to file prior to the end of March 2019. I continually told her that the Brexit issue did not affect me because of the 1921 Irish treaty and the CTA. I and my ex-husband were continually ignored on this. The company has now referred my case to a barrister but the law firm is ignoring our phone calls and emails.Do I have a case for a negligence claim?
Customer: replied 5 months ago.
The law firm knew that Adam was 37 years old and that he has schzophrenia. And they knew right at the first meeting that I was Irish as the lawyer took a copy of my Irish passport and the FBR information.

17. Yes, you have a case for negligence, as the advice was not correct. Essentially, the lawyer here did not know the rules applicable and gave you faulty advice.

Customer: replied 5 months ago.
Is that why they are not responding to me? What do I do next?
Customer: replied 5 months ago.
How much does it cost to start a negligence claim?
Customer: replied 5 months ago.
am I right in saying that his claim wouldn't be affected by Brexit?

18. Yes, this claim against the lawyer will not be affected by Brexit. You will need to see another lawyer and get them to issue legal proceedings. I would imagine the reason they are not responding to you is that they realise they made a mistake.

19. As regards ***** ***** should get a quote from the new lawyer as to what their costs will be. It is not possible to advice what an individual lawyer will charge. However, you should shop around if you want best value.

20. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Customer: replied 5 months ago.
One last thing: since he needs to return to the U.S. how long after can I apply for a permanent visa as in Family Permit? Will the fact that he's been here since Dec go against him?

21. Once he returns to the US, you can make an application for an EEA Family Permit, the following day. It won't prejudice him that he spent time previously in the UK on a tourist visa. Once he is outside the UK and EEA when he makes the application, it will be a valid application. His prior visa history won't prejudice his application at that point.

Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 5 months ago.
How do I rate or accept the answers?
Customer: replied 5 months ago.
My son would like to know how long it would take UKV1 to decide his application?