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You mean as family member of an EEA citizen? While it's not the preferred method by the Home Office, who would rather you got EEA family permit first before applying for residence card, you can actually apply for residence card, provided your partner is a qualified person, exercising EU treaty right in UK.
 

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Discussion Starter · #3 ·
You mean as family member of an EEA citizen? While it's not the preferred method by the Home Office, who would rather you got EEA family permit first before applying for residence card, you can actually apply for residence card, provided your partner is a qualified person, exercising EU treaty right in UK.

Yes. My husband is an EEA national. Remember I was the one applying to the tier 4 visa instead of the EEA FAMILY PERMIT ? I posted that question 2 or 3 weeks ago. I applied to the tier 4 with my son as my dependant. The UK office already returned my passport with the tier 4 visa, but for some reason they haven't returned my son's passport (and I am afraid they would deny his visa).

So in case they deny the visa, I wanted to know if I could take him as a tourist (he has an american passport, so he can enter the uk without a visa) and once there, we all apply as a family to the resident's card.

But as you say, the family permit is the best way to do it. Since he is underaged, and I already have a tier 4 visa and won't be applying to the family permit through my husband, do I need to make a letter or something to give permission to his application? I think I read that somewhere. The UK is very strict when giving entry clearance to underaged. They need both parent's agreement or something.
 

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If he is under 18, you will have to apply on his behalf (completing the paperwork). though it's still HIS application. On the application, you will have to give your consent. He should be entitled to EEA family permit, as he is your (EEA partner's) dependant. Get your husband to write a letter stating he is exercising treaty right in UK and would request EEA family permit for him so that he can join in UK.
 

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Discussion Starter · #5 ·
If he is under 18, you will have to apply on his behalf (completing the paperwork). though it's still HIS application. On the application, you will have to give your consent. He should be entitled to EEA family permit, as he is your (EEA partner's) dependant. Get your husband to write a letter stating he is exercising treaty right in UK and would request EEA family permit for him so that he can join in UK.
Thank you joppa. I know me or my husband would have to apply on his behalf, it is the same I just did for the tier 4. Ok, I will ask my husband to apply on our child's behalf, and I will write a consent letter to say I will be there studying and that my husband and child are coming too. Thanks again.
 
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