Eea Family Permit - Applicable To 18 Yr Old Illegitimate Son?

[inthailandsoon]

Moving to Spain and was reading another post on EEA family permits and wondered if I could get one for my eighteen year-old boy. Due to Thai mother's intransigence (and step-brother deliberately mistranslating a letter I sent) I did not get him British citizenship before eighteen (never married to the mother) but seems that the family permit cut off date is 21 or even larer if dependent on me.

The son actually has my surname on the birth cert and ID card (and hence Thai passport when he gets one). I realise he needs his mother permission to get a passport but as he is currently burning through most of his mother's income she has now (typically too late for a Brit passport) been trying to get me to take him abroad so should not be a problem.

Given that he has strong ties to Thailand, he would probably be happiest spllitting his time between the two countries (and I could bung him some money for helping me renovate property), so probably not interested in eventual Spanish citizenship etc.

[Connor2010]

Maybe what you need is a Schengen Visa for your son ?

I previously got one for my Thai wife while she was visiting the UK. It was FREE and easy to obtain simply because we were family members. Typically European law favours families and is far more helpful than national law.

Once your son got to Spain you would need to make other arrangements if he wanted to say longer than 90 days.

Edited January 1, 2010 by Connor2010

[7by7]

Provided you are exercising your treaty rights to live and/or work in Spain, you, or rather he, can apply for an EEA Family Permit to live with you in Spain. As he is your direct descendant and under 21 then he would not need to prove financial dependency on you.

Remember, as you are a British citizen an EEA family permit would not grant him access to the UK, unless he had been living with you while you had been exercising your treaty rights in another EEA state and were now returning to the UK to live. With that exception, if he wanted to visit or live in the UK he would need the appropriate UK visa.

A Schengen visa would allow him to visit Spain for up to 90 days, but he would not be able to work and would not be able to extend it or otherwise change his status while in Spain.

It is now possible for the British father of a child born outside of marriage before 1st July 2006 to apply for that child to be registered as British (see here), but everything I can find talks about children under 18. As your son is now 18, I'm not sure if he could still apply for British citizenship based on his paternity.

Any thoughts, anyone?