Ask a Law Question, Get an Answer ASAP!
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
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.
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.
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.
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.
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.
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.
12. What visa is your son on? How is he validly in the UK?
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.
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.
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.
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.
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.