• EUN5.1 Can an EEA national minor child be considered a qualified person?
• EUN5.2 Is the primary carer or relative of an EEA national minor child considered a 'family member' for the purposes of the EEA Regulations?
• EUN5.3 What are the requirements for leave to enter as the primary carer or relative of an EEA national self-sufficient child?
• EUN5.4 What are the visa endorsements?
• EUN5.5 Refusal wordings for non-EEA relatives
• EUN5.6 Do primary carers or relatives of EEA national self-sufficient children have full rights of appeal?

See other guidance information EUN 4 - Non-EEA and Swiss Nationals working in the EU (Van der Elst and Swiss Posted Workers) EUN02 - EEA Family Permits EUN1 - EEA Nationals EUN3 - The Swiss Family Permit EUN6 - The EU Common Visa List (CVL) EUN7 - Travel facilities for non-EEA national school pupils resident in Member State  

EUN5.1 Can an EEA national minor child be considered a qualified person?

The ECJ ruled in the case of Chen that an EEA national child who held sickness insurance would have a right to reside in the UK (as a self-sufficient person) with his non-EEA parent, provided that the parent had sufficient resources to ensure that the child did not become a burden on public funds.

When assessing whether the EEA national child has a right of residence as a self-sufficient person, the ECO should take account of any relatives who will be residing in the UK with the child. For instance, if the child will be living in the UK with two parents the ECO should be satisfied that there are sufficient resources available for the child and both parents. The ECO should be satisfied that the funds are sufficient to ensure that the child and any relatives will not become a burden on public funds during the period of residence in the UK. There may be cases where the minor child and primary carer are supported by a relative outside the UK (as in the case of Chen).

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EUN5.2 Is the primary carer or relative of an EEA national minor child considered a 'family member' for the purposes of the EEA Regulations?

No.  The Chen ruling did not say that the EEA child's parent would have a right to reside as a "family member", as defined in the EEA Regulations, because a parent cannot be financially dependent on a child. However, the primary carer or relative may be entitled to reside in a Member State solely to facilitate the child to exercise their Treaty rights. They do not qualify for an EEA family permit but can apply under the Immigration Rules for leave to enter as the primary carer or relative of an EEA national self-sufficient child.

 

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EUN5.3 What are the requirements for leave to enter as the primary carer or relative of an EEA national self-sufficient child?

The requirements to be met by a person seeking leave to enter as the primary carer or relative of a self sufficient child are set out in Paragraph 257C of the Immigration Rules.  Entry clearance is mandatory in this category. 

The ECO should remember that any non-EEA relatives who are granted leave to enter or remain on the basis of their relationship to an EEA child will not have access to the UK labour market (they are granted leave to remain with no access to employment or public funds.)

If there is sufficient evidence to suggest that the child's non-EEA relatives would need to work in the UK in order to support the child, the application for leave should be refused.

If the ECO requires advice on a case involving the primary carers and / or relatives of EEA national minor children the ECO should contact ECO Support.

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EUN5.4 What are the visa endorsements?

‘To Acc EEA National Child’ [add initial and surname of child], or ‘To Join EEA National Child’ [add initial and surname of child], Code 3, LTE up to 5 years"

Fees – Normal long term non settlement fee should be charged.

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EUN5.5 Refusal wordings for non-EEA relatives

Not the primary carer or relative of EEA national child:

".. but I  am not satisfied that you are the primary carer, the parent of the sibling of an EEA national under the age of 18 who has a right of residence in the United Kingdom under the 2006 EEA Regulations as a self-sufficient person."

Not living with EEA national or not seeking entry to live with EEA national:

"… but I am not satisfied that you are living with your EEA national (child, relative, sibling (as appropriate) or that you are seeking entry to the United Kingdom in order to live with your EEA national (child, relative, sibling (as appropriate)."

If the sibling of the EEA national that the applicant is under 18 and not leading an independent life:

"…but I am not satisfied that you are under the age of 18 or have current leave to enter or remain in this capacity."

"...but I am not satisfied that you are unmarried and are not a civil partner, or that you have not formed an independent family unit and are not leading an independent life."

Maintenance and accommodation

"..but I am not satisfied that you can, and will, be maintained and accommodated without taking employment or having recourse to public funds."

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EUN5.6 Do primary carers or relatives of EEA national self-sufficient children have full rights of appeal?

Yes.

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