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I am a non-eea spouse of a Hungarian citizen. We are based here in the UK and I have a residence card. Is it possible to apply an EEA family permit to my children (15 and 13 years old). They are my children from my previous marriage. We would like to invite them for 3 weeks visit on December. Thank you.

  • Thank you for answering my inquires. I was quite hesitant again to apply under the EEA family permit route to my chlidren because I was told that it may not be the appropriate visa, instead the standard visitor visa because they are coming for 3 weeks stay only and there could be issues at the border in realation to the EEA visa they have applied for. What's your view about this? Thanks. – kate Aug 29 '16 at 20:59
  • Kate: I never saw this comment because you added it to your own question rather than to my answer. What issues could there be at the border related to the EEA family permit? This visa actually qualifies to enter the UK without being "subject to immigration control" so they are far less likely to have trouble with an EEA family permit than with a standard visitor visa. – phoog Oct 25 '16 at 15:43
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Yes, you can apply for an EEA family permit for your children. Here is the pertinent part of the UK government's web page describing qualifying relationships:

Qualifying as a family member

You must be the EEA citizen’s spouse or civil partner, or related to them (or their spouse or civil partner) as their:

  • child or grandchild under 21 years old, or dependent child or grandchild of any age
  • dependent parent or grandparent

(Source: https://www.gov.uk/family-permit/eligibility; emphasis added)

Since you are the spouse of an EEA national, your children are the children of a spouse of an EEA national (who is presumably a "qualified person" since you have a residence card). They are therefore eligible to apply for an EEA family permit. Because your children are under 21 years of age, they do not need to be dependent on you or your spouse in order to qualify.

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