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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

RTR again - sole EU parent and UK born child

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Sorry this has been probably covered before (but can’t find it)....EU female lives as a couple with a UK national. They have a child and UK father leaves relationship. I understand the EU case law regards children of EU nationals attending primary education and lone mother’s RTR as main carer etc, but what happens when the father is a UK citizen. Does the child have a right of abode as a UK citizen and therefore a RTR allowing EU mother to have RTR, or does the EU mother have less rights as the estranged father is a UK citizen and not an EU citizen!

Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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Did they ever live together in another EU state? If so she’ may have a right to reside as the family member of an EU citizen even though he is UK. If not she cannot derive any rights from him.

She will have the standard EU rights to work and look for work. Does she have any retained rights or right to permanent residence in her own right?

She is the primary carer of a British child but not the primary carer of a British citizen residing in the UK who would be unable to reside in the UK or another EEA state if she were required to leave. She could take the child back to her national state within the EU.

So, she may have got permanent residence in the past and she can look for work now. But I don’t see anything else.

[ Edited: 31 Mar 2017 at 04:35 pm by Sally63 ]
ClairemHodgson
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Solicitor, SC Law, Harrow

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Sally63 - 31 March 2017 04:28 PM

. She could take the child back to her national state within the EU.

only with the father’s or court’s agreement ....... she can’t take child to her home state without father’s agreement, as to do so would be to risk being ordered back (with some prejudice) hague convenstion and brussels II (she would be seen as abducting the child if she didn’t have dad’s permission).  and if there’s already a court order re residence/contact, she would need to go back to court to get that order varied to allow such a move.

Sally63
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Sorry, yes. I wasn’t suggesting that she be advised to go home. I was talking about her right to reside.

davidsmithp1000
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Brighton Unemployed Centre Families Project

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Discussed in some depth here;
http://www.rightsnet.org.uk/forums/viewthread/9335/P15

It seems were the child an EU national, the mother would have greater recourse. Goes against common sense here.

Her RTR still holds, following all the usual routes though, so permanent RTR etc.