Child over 18 joining a naturalized UK citizen

[Durbzzz]

I know, so you're saying the EEA family permit is the same thing as a Zambrano Derivative Residence card?

[Wanderer]

confused.com here......

Let's clear this up - no one here is for the purposes of UK immigration an EU citizen? Yes or No?

[noajthan]

I know, so you're saying the EEA family permit is the same thing as a Zambrano Derivative Residence card?

No.
Zambrano is one form of derivative residence.
Non-EEA caring for a dependent adult (BC) who would have to leave EU/EEA memberstates otherwise is another type.
You may fall down on the leaving EEA-clause as mom has been in UK 20 years or so.

[Durbzzz]

wanderer - My mum is a UK citizen. I am not an EU citizen. Am I not eligible for either the EEA permit or residence card?

noajthan - Yes, I think I can fall into the second category you mentioned. My mom has to leave the UK to join me which would infringe on her human rights because her meds are not available anywhere else. That's why I need to join her in the UK as a primary carer as opposed to her leaving to join me.

[ALKB]

wanderer - My mum is a UK citizen. I am not an EU citizen. Am I not eligible for either the EEA permit or residence card?

noajthan - Yes, I think I can fall into the second category you mentioned. My mom has to leave the UK to join me which would infringe on her human rights because her meds are not available anywhere else. That's why I need to join her in the UK as a primary carer as opposed to her leaving to join me.

Generally, an EEA national falls under EU freedom of movement rules if they live and exercise treaty rights in an EEA country other than that of which they are a national.

Example: a British person working in Italy, a French person working in the UK, an Austrian person working in Spain, etc.

A British person in the UK, a German person in Germany, etc. fall under domestic immigration rules. (Again, generally speaking. There are exceptions to the rule, like the Surinder Singh case, which is not applicable here as has been established earlier in this thread.)

I am curious. This medication is not available in any other EU country? Why not? How come?

How is she currently coping with you out of the UK?

[Durbzzz]

She has Parkinson's Disease. She underwent a brand new procedure in Feb. It's been a miracle. It took the NHS quite some time to approve funding but it's been a Godsend. The USA and SA don't have it yet and if they do approve it, the cost will be astronomical. The meds alone sans surgical procedure and doctor visits will be around $72,000 annually. So as a USA/SA citizen, can you suggest any other options?

[noajthan]

To clarify, derivative rights are not derived from free movement and the Directive 2004/38/EC.

A person who does not qualify fora right of residence under Directive 2004/38/EC (the Directive) may qualify for another right of residence under European Union (EU)law. These are known as 'derivative rights' as they come from (are 'derived' from) other instruments of EU law, and not from the directive

[ALKB]

She has Parkinson's Disease. She underwent a brand new procedure in Feb. It's been a miracle. It took the NHS quite some time to approve funding but it's been a Godsend. The USA and SA don't have it yet and if they do approve it, the cost will be astronomical. The meds alone sans surgical procedure and doctor visits will be around $72,000 annually. So as a USA/SA citizen, can you suggest any other options?

I have lost an uncle to Parkinson's and feel compassion towards you and your mum, unfortunately, immigration rules don't really deal with compassion.

'Medicine is nowhere in the world available apart from the UK' and 'can't afford treatment in the USA or South Africa' are quite different scenarios.

How would you prove that your mother would have to leave the EU if you wouldn't be granted a long term visa?

How is she coping now, with you out of the country? Could whatever arrangements are in place continue on into the future?

If your mum has lived in the UK for 20 years and you are just over 19 years old, where have you lived all your life?

[Wanderer]

SA? South Africa? When did this enter the equation?

I think we are lacking the full story here, make the OP can post the full history......

[ALKB]

To clarify, derivative rights are not derived from free movement and the Directive 2004/38/EC.

A person who does not qualify fora right of residence under Directive 2004/38/EC (the Directive) may qualify for another right of residence under European Union (EU)law. These are known as 'derivative rights' as they come from (are 'derived' from) other instruments of EU law, and not from the directive

Under eligibility, it says:

"a British dependent adult who’d have to leave the EEA if you left the UK"

As I understand it, the OP has already left the UK and the mother has remained there (= was not forced to leave with him); what do you think? Am I interpreting this too narrowly?

[noajthan]

Under eligibility, it says:

"a British dependent adult who’d have to leave the EEA if you left the UK"

As I understand it, the OP has already left the UK and the mother has remained there (= was not forced to leave with him); what do you think? Am I interpreting this too narrowly?

I haven't suggested OP will be granted; I simply suggested OP dig into the option.
Obviously its not compatible with his T1E plans as its hard to see how full-time carer is compatible with 24*7 entrepreneur.

[Durbzzz]

I was born in SA and am a naturalized USA citizen. As of now, the meds are only available in the UK and Norway I think. If it ever gets approved by the FDA in the USA it will be too expensive to afford. My mom receives wonderful care from all her NHS professionals. We still have family in SA and if she moved there it would be the same problem. The cost of private care would not be sustainable.

My mom is getting by barely now that I am not in the UK anymore. From what you've said, is the primary carer of a UK citizen route available for me to apply for if I am not in the UK at the moment?

If I do apply for the Tier 1 down the road, I won't mention that now. I'll just use the primary carer of my mum as the reason I would like to come back.

It's strange the it seems to be easier for a UK child to get their elderly parents into the UK but not the other way around. I want to return and care for my mom and work and contribute to the economy. But elderly parents who will probably use using social services are more likely to get in.

[Casa]

The route to settlement for elderly dependent adults was virtually closed in July 2012, with very few success stories since then...and the majority of those approved only after a lengthy and expensive Court appeal.

[Durbzzz]

That doesn't bode well for me. You think I should concentrate on getting back through the Tier 1 way?

Give up hoping my mom can get me in based on her condition?

[Casa]

I haven't commented on your chance of success as there are others better placed to advise. However, IMHO the Tier 1 Entrepreneur route may be preferable if you want to eventually obtain permanent settlement.

[noajthan]

That doesn't bode well for me. You think I should concentrate on getting back through the Tier 1 way?

Give up hoping my mom can get me in based on her condition?

The ADR visa is on the UK domestic route.
Completely separate from derivative rights.

But mom getting you in is completely the wrong mindset.
And derivative rights don't lead to settlement.

[Durbzzz]

Fair enough, I'd live to return on my own merits, hence me mentioning the Tier 1 application but she is struggling on her own. That's why we were trying to figure out an alternative but compassionate grounds is a tough sell.