EEA Family permit online application

Question

I am Nigerian and my son is Irish and goes to school in a UK boarding house. He is 16 and just started his A levels in September 2019. My husband and I are have been his carers since he was born, and we are responsible for his welfare and financial upkeep. We have to travel every half term to be with him when the school is closed.

I was not aware of the EEA family permit until he had arrived the UK. While filling the forms, there are some questions with grey areas:

1. Does my son hold a residence document?
2. Does he have a National identity card?
3. What's his UK National Insurance Number?

He does not have any of these, as he is still a minor. All he has is his Irish passport which is valid.

I and my husband, togeather with two other children would like like to apply for the family permit and have a more permanent stay in UK.

What kind of documents do we submit as the parents and for my other children (both under 12) when applying. Also, how do we apply as a family? I have yet to see any linking to family on the online application. Finally, would it be best to use a lawyer for my case?

Answer 1

The normal case for a parent joining a child is that the parent must be the child's dependant. That is the explicit provision of the directive (2004/38/EC, article 2(2)(d)). Since your son is 16, and you are his carer, that is clearly not the case here.

There are court cases that create a right for the carer of a minor EU citizen to join the EU citizen in an EU country other than that of his nationality. I don't know much about these, I'm afraid. The UK has implemented related provisions in Regulation 16, concerning the "derivative right to reside." Unfortunately, none of the criteria in Regulation 16 seem to apply to your case.

I'm no expert, however, so it may be that some element of regulation 16 does in fact apply. Furthermore, the UK has a history of interpreting court decisions overly narrowly, however, so it may be that you should qualify despite not appearing to qualify under regulation 16. These possibilities lead me to your last question:

Finally, would it be best to use a lawyer for my case?

You should definitely consider consulting a lawyer. Without doing so, your application for an EEA family permit is likely to be refused, because it is not clear that you qualify for one.