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Based on previous topics, OP appears to be an EEA national with PR.
It makes no sense then to go for derivative residence.
Zombrano is a very much difficult to establish.amro2012 wrote: ↑Sat Jan 20, 2018 1:08 pmhi,
I did my own search but I could not find any regulation to support you said that I must apply for EEA family residence even my wife are eligible for derivative residence rights as primary carer of British child.
obie could you please refer me where I can find refer work.
Regards
16.(1) A person has a derivative right to reside during any period in which the person— wrote:(a)is not an exempt person; and
...
16.(7) wrote:(c)an “exempt person” is a person—
(i)who has a right to reside under another provision of these Regulations;
...
16. wrote:(8) A person is the “primary carer” of another person (“AP”) if—
(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person.
Well if the other parent is an exempt person, then one parent cannot be a primary career for the purpose of that regulation.
Or if other parent lacks the ability to care for the child for example child protection concerns or any disability mental or physical.The regulation envisages 2 situation.
One where there is a single mother or father taking care of the chid. The other parent is no where to be found or playing any role in the life of the child.
The other category is where you have 2 parents looking after a British child and both parents has no right of residence in the state.