Parents of british child

[adey2000]

Hi,
I am new to this forum, pls I need advice on what to do in my situation. I have 3 children 10,9 and 5 years old respectively. My oldest is now British and we the parents doesn't have any leave to remain. how can me and my husband regularised our stay and what forms to fill? Is it possible for us to do it as a family or as individual. Your reply will be much appreciated. Thanks.

[member]

Hi,
I am new to this forum, pls I need advice on what to do in my situation. I have 3 children 10,9 and 5 years old respectively. My oldest is now British and we the parents doesn't have any leave to remain. how can me and my husband regularised our stay and what forms to fill? Is it possible for us to do it as a family or as individual. Your reply will be much appreciated. Thanks.

What is your immigration history in the UK?

[adey2000]

I enter as visitor 2005 my husband 2002. All children born here.
Applied for leave to remain as family unit under 7 years rule but refused. Went to tribunal 2014 but dismissed. My daughter got her citizenship this year as 10 years old. Thanks

[Obie]

You will have to make a Zambrano application as both you and your husband will not qualify under the rules, and the fee is very expensive aswell.

You both fall fully within the scope of Zambrano .

[adey2000]

@obie
Pls what do you mean by Zambrano and which form can we fill. How many years to wait for permanent residence.

[secret.simon]

what do you mean by Zambrano

An overview of the Zambrano judgment.

which form can we fill

I believe that the form that you will need to apply under is DRF1.

How many years to wait for permanent residence.

Unfortunately, to the best of my knowledge, derivative rights of residence do not lead to permanent residence. You will only have the right to live in the UK until your youngest British citizen child becomes 18 years old.

Alternatively, you could apply on FLR(FP) under the UK Immigration Rules, which may lead to ILR after 10 years.

[adey2000]

Thank u so much for your help.

[Richard W]

Unfortunately, to the best of my knowledge, derivative rights of residence do not lead to permanent residence. You will only have the right to live in the UK until your youngest British citizen child becomes 18 years old.

Don't they count for ILR on the basis of 10 years lawful residence?

[Casa]

"What you can't do
derivative rights of residence do not lead to permanent residence"

https://www.gov.uk/derivative-right-residence/overview

[Richard W]

"What you can't do
derivative rights of residence do not lead to permanent residence"

https://www.gov.uk/derivative-right-residence/overview

Correct, derivative right of residence does not count towards permanent residence under the EEA regulations (though I've seen a vague claim that this is not a correct interpretation of EU law), but that does not mean, for a young enough source of the right, that it does not lead to settlement under the Immigration Rules. The youngest child is 5, so if that child is on track for registration under the 10-year rule, they still have another 12 years under Zambrano. As far as I can see, 10 years lawful residence then gets one ILR provided the usual other requirements are met.

[noajthan]

"What you can't do
derivative rights of residence do not lead to permanent residence"

https://www.gov.uk/derivative-right-residence/overview

Correct, derivative right of residence does not count towards permanent residence under the EEA regulations (though I've seen a vague claim that this is not a correct interpretation of EU law), but that does not mean, for a young enough source of the right, that it does not lead to settlement under the Immigration Rules. The youngest child is 5, so if that child is on track for registration under the 10-year rule, they still have another 12 years under Zambrano. As far as I can see, 10 years lawful residence then gets one ILR provided the usual other requirements are met.

It is pointless and confusing to OP to overthink this with hypotheticals and yet an inadequate grounding in Zambrano 101.

It is not the child who is enjoying a derivative right under Zambrano, it's the adult carer.

Use of any accrued time on an EU trajectory and then applying it to ILR LR (or hoping to do so) is at the discretion of HO.

It can be expected that HO would not exercise such discretion if there is an element of derivative rights time in someone's migration history.

After all HO frequently play hardball with pure Zambrano and any associated qualified human rights claim.
So it is likely noone's ILR clock is running whilst invoking Zambrano (&, by definition, no PR clock is running) and meanwhile the child will have grown up to maturity.

[Obie]

@obie
Pls what do you mean by Zambrano and which form can we fill. How many years to wait for permanent residence.

You will not be able to obtain PR under the regulation.

I believe you can argue a good case for ILR after 10 years.

[adey2000]

Thanks for d advise. What is d difference between PR and ILR? Is there any possibility to apply under flr (fp) Since we have British child? Thanks

[CR001]

Thanks for d advise. What is d difference between PR and ILR? Is there any possibility to apply under flr (fp) Since we have British child? Thanks

PR is obtained under the EU route/Directive, i.e. EEA Family Member or EU Citizen exercising treaty rights.

ILR is obtained under the UK Immigration rules, i.e. FLR(FP), FLR(M), Tier 2 General etc. UK immigration rules are substantially more expensive and there is the immigration health surcharge which has to be paid too.