EEA Family members clarifications.

Home Office did not have the information requested.

Dear Home Office,

I am writting regarding a specific scenario.

Could you please clarify if the Non EEA parent/s of an EEA child (including holders of residency permits granted as parents of an EEA child in other EEA countries) is/are entitled to the 5 years Residency card and the subsequent Permanent Residency card on the basis of being the parent/s of an EEA child?

If they are entitled, could you clarify if the “being in education” of a child under the age of 18 it is considered as exercising Treaty Rights?

If being in education for a child under 18 it is not considered as exercising Treaty Rights, could you please clarify how an EEA child under the age of 18 with non EEA parent/s could exercise Treaty Rights in order for the parent/s to be granted the 5 years Residency Card and the subsequent Permanent Residency Card?

Yours faithfully,

Skerdian Kerri

FOI Requests, Home Office

Dear Skerdian Kerri,

 

Please be aware that we have decided to handle your correspondence of 22
May 2018 outside the provisions of the Freedom of Information Act. This is
because it does not meet the criteria for a Freedom of Information
request, as it does not ask for recorded information.

 

Below is a link to the ICO guidance for the criteria for valid requests
under the Act:

[1]https://ico.org.uk/media/for-organisatio...

 

We will provide an answer to your query, but it will be answered outside
of the provisions of the Act.  You should expect to receive a response in
due course.

 

N McKenzie

FOI Team

 

 

 

show quoted sections

UK Visas and Immigration,

Dear Skerdian Kerri,
 
Thank you for your enquiry dated 22nd May regarding permanent residence.
 
Use this form if you have one of the relationships to an EEA national that are listed on the form and you want to apply for a UK
derivative residence card because of that relationship. This form may be the right one for you if you do not qualify for
residence under EU law but you qualify for derivate rights because, for example, you are the main carer of an EEA national or
are the child of an EEA worker and you are still at school in the UK.
 
[1]https://www.gov.uk/government/publicatio...
 
Exercising treaty rights is explained in the link below:
 
[2]https://assets.publishing.service.gov.uk...
 
Please note the onus is upon individual customers to ensure that they satisfy the requirements set out in the guidance material.
The guidance material accompanies each and every application form. UK Visas and Immigration is not able to give, indicate or
advise upon the outcome of any such application prior to it being given full and careful consideration.
Directing you to the guidance material is the only advice we can give you. If you need any further help you should seek
independent immigration advice. Immigration advisers can help you with immigration matters, including completion of forms and
representing you at a tribunal. The Office of the Immigration Services Commissioner (OISC) regulates immigration advisers, which
mean they must meet certain standards.
Please see the below link to find an immigration adviser:
[3]https://www.gov.uk/find-an-immigration-a...
Yours Faithfully
 
Julie Jones
UK Visa and Immigration

 

 

UKVI Contact Centre

Website: [4]www.gov.uk/home-office

 

[5]Image
Please note that we cannot provide case specific advice or pre-assess an
application but we can provide information and support you through
signposting and website navigation. If you require more specific advise
then please speak to a qualified immigration advisor
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References

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