Child Derivative right of residence from mother with EEA family retained right

[yolaine]

Hi,
I am a Non EEA with a EEA family member residence card (retained right after divorce) valid for 5 years. I have 2 children, the oldest one's is an EU citizen from my former husband and my oldest kid has obtained his registration card . My youngest child born after I have divorced from my EEA spouse is a Non-EEA citizenship holding a Cameroonian passport as me , his father is a non EEA citizen and not living in the UK.

I have been living and working in the UK for 4 years and will be entitled to PR only next year, and I
would like to travel with my kids and I need to apply a residence card for my Non-EEA child to be able to re-enter the UK, but I am not sure which application is suitable for him.

1- Can I apply for Derivative residence card? if yes which one applies from the 3(Ibrahim and Teixeira, Chen or Zambrano)
2- Or should I apply for a dependent visa? This route is very expensive and I have understood that my child should have the same residence as me.

Please I will very much appreciate if someone could direct me on the most effective route.

Thanks very much in advance for your replies.

[NatCam]

Apply for pre-settlement scheme.

[secret.simon]

Is the child born within the UK? If not, how did the child enter the UK in the first instance?

To the best of my knowledge, a person on ROR cannot sponsor anybody under either the EEA Regulations or the Settlement Scheme. It is a status personal and specific to that person only.

1- Can I apply for Derivative residence card? if yes which one applies from the 3(Ibrahim and Teixeira, Chen or Zambrano)

The Derivative Residence cards you have listed are for parents of EEA/British citizens. So they will likely not be applicable to your child.

2- Or should I apply for a dependent visa? This route is very expensive and I have understood that my child should have the same residence as me.

You can apply for this only after you acquire PR/Settled Status. After acquiring PR/Settled Status, if the child was born in the UK, s/he can be registered as a British citizen directly anyway.

[askmeplz82]

Apply for pre-settlement scheme.

No don't apply for pre settlement . It taking longer for pre settlement to be approved then under EU LAW. I haven't heard anyone successful under EU settlement. A friend of mind applied Under EU law and then also under EU settlement . Her application under EU law approved already and she got her documents back but with settlement she only received COA nothing else ..

[yolaine]

Hi all and thanks for your replies,

Is the child born within the UK? If not, how did the child enter the UK in the first instance?

To the best of my knowledge, a person on ROR cannot sponsor anybody under either the EEA Regulations or the Settlement Scheme. It is a status personal and specific to that person only.

1- Can I apply for Derivative residence card? if yes which one applies from the 3(Ibrahim and Teixeira, Chen or Zambrano)

The Derivative Residence cards you have listed are for parents of EEA/British citizens. So they will likely not be applicable to your child.

2- Or should I apply for a dependent visa? This route is very expensive and I have understood that my child should have the same residence as me.

You can apply for this only after you acquire PR/Settled Status. After acquiring PR/Settled Status, if the child was born in the UK, s/he can be registered as a British citizen directly anyway.

Yes my child was born in the UK, but after I have made the application for my Retained Right of residence so he was not included in that application.

The Derivative also apply for dependent under 18 whose primary carer have EU right of residence , I was wondering if my child does not apply to that.

Thanks for your replies

[yolaine]

Apply for pre-settlement scheme.

Hi NatCam, you mean that I shall apply for the pre-settlement myself or for my child? I was thinking to wait until next year to apply for the settlement or ILR directly as I will have made 5 years in the UK.

Thank you

[NatCam]

You can apply for pre-settlement together with your child. At the moment your child has no legal status. I would advise you to apply now.
Your child is entitled to pre-settlement status because you are entitled too. Don't waste your time.

You will find all the information on gov.uk.
Please don't wait till next year (it is an advice from a mother.)
All the best to you and your baby.

[yolaine]

You can apply for pre-settlement together with your child. At the moment your child has no legal status. I would advise you to apply now.
Your child is entitled to pre-settlement status because you are entitled too. Don't waste your time.

You will find all the information on gov.uk.
Please don't wait till next year (it is an advice from a mother.)
All the best to you and your baby.

Hi Natcam, thank you very much for your reply. I have started the online application but I am a bit confused because ,for the child they say that the parent/primary carer must be an EEA national which I am not . I have a family member EU- residence (retained right ) but not yet a EEA national and I cannot enter the details of the former EEA national husband because he is not the father of my child.

Thanks very much for your support.

[yolaine]

Apply for pre-settlement scheme.

No don't apply for pre settlement . It taking longer for pre settlement to be approved then under EU LAW. I haven't heard anyone successful under EU settlement. A friend of mind applied Under EU law and then also under EU settlement . Her application under EU law approved already and she got her documents back but with settlement she only received COA nothing else ..

Hi,
So I could apply both at the same time? I have read the derivative residence card and it seems to me that my child is eligible because he cannot leave the UK while I have the right to live in the UK and I am his only primary carer. However the form is a bit confusing when it come to enter the details of the primary carer of the child, because they only mention that the carer must be an EEA national or British and I cannot choose the EEA National option because I am not.

Shall I use the form but explain my case in the cover letter? I called the Home office and they asked me to go through an immigration lawyer because they don't know what to tell me, Immigration lawyer ask me 650 pounds + HO fees which is very high for me.

Please any direction will be very much appreciated.