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Ask A. Valcke Your Own Question
A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 740
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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Hello, I have a son is EU citizen would i be able to get

Customer Question

Hello, I have a son who is EU citizen would i be able to get a EU family permit to stay in the UK under the EU law?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 5 years ago.
Hello,


Thank you for your question.


Please could you tell me how old your son is?


Please could you also tell me if you are dependent upon your son for your financial or healthcare needs?


I look forward to hearing from you.

Customer: replied 5 years ago.
He's 8 years old.
Expert:  A. Valcke replied 5 years ago.
Thanks for confirming your son's age.


Could you please confirm whether he is living in the UK at present.


Are you living in the UK with him?


Are you the sole provider for your son?


What about the other child's parent, could you explain the situation there?


I need to know this information to determine your legal standing to argue rights as your son's primary carer.

Customer: replied 5 years ago.
Yes we both in the UK and am the sole provider for him, the other parent is not involved
Expert:  A. Valcke replied 5 years ago.
Thanks for confirming the situation.


On the basis of the recent European Court ruling in Ruiz Zambrano, you should be able to apply for the right to remain with your son.


However, you should know that the UK has not yet adopted rules to give effect to that ruling (as confirmed on the Home Office's UKBA website:
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/02-european-court-judgments


What I suggest is for you now is to contact the European Commission's Your Europe Advice service. They will be able to provide you free advice on your rights (and they can also refer you to free legal representation if you need it):
http://ec.europa.eu/citizensrights/front_end/index_en.htm


I hope this answers your question.

Expert:  A. Valcke replied 5 years ago.
Hello,


I hope that my answer was useful to you.


If so I'd be grateful if you could accept my answer so that I may be compensated for my time.


I thank you in advance.

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