non eea parents of eea minor children

Rania · Post by **Rania** » Sat May 14, 2011 5:17 pm

I have been in the UK since July 2010 on the CHEN visa which will expire in May 2015. By that date however my children will both be over 18years. What rights have I to stay in the UK then. The CHEN ruling does not lead to PR or ILR after 5 years even though the children would have been exercising self-sufficiency treaty rights for 5 years and I would have been living with them under the same roof all that time. Can the Home Office simply split the family up then and not give me the PR and ILR that we shoild be entitled to as other European family members are!

leonex4t5 · Post by **leonex4t5** » Sat May 14, 2011 6:26 pm

you might want to take a look at the zambrano ruling as it compliments chen ruling. also in terms of after your visa expires in 2015, since your children would be excersing there treaty right, you can apply as a dependant of you child excersing his treaty right.
see
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Rania · Post by **Rania** » Sat May 14, 2011 7:23 pm

I have already read the Zambrano ruling and even though it is positive, UKBA hasn't changed its rules regarding CHEN yet and I don't know if it would! I had thought about applying as a family member of my eldest daughter who turns 18 next January(2012). I cannot however envisage how it can work since she is the one dependent on me and living under my roof , and not the other way round and as a parent I would have to be dependent on her to qualify as a family member and consequently be given a residence card with all the advantages it entails such as the right to work and the right to settle after 5 years! if only the HO would grant these rights to parents residing under CHEN!

leonex4t5 · Post by **leonex4t5** » Sat May 14, 2011 7:34 pm

you clearly did not read the link i sent.

Rania · Post by **Rania** » Sat May 14, 2011 7:39 pm

Oh yes i had already read it several times before but i still don't think it will apply!

leonex4t5 · Post by **leonex4t5** » Sat May 14, 2011 8:02 pm

then you would qualify automatically by 2015 when your visa runs out if you can prove that you are dependant on your oldest daughter, this can be achieved by your daughter who will then be 21 take on employment.

copper1 · Post by **copper1** » Sat May 14, 2011 8:02 pm

hi Raina. i had the oppertunity to read your post. first i must say you cannot apply under the zambrano ruling if your kids are not BRITISH. however, you can apply as a family member of a eea national namely your daughter after your visa runs out. please note your daughter has to be exercising her treaty rights. you have to show you are financially dependent on your daughter. so basically your daughter have to get a job. however, as your daughter is not 21 as yet you will normally be given a residence card until then. so as soon as she is 21 the roles has to change you will be dependent on her.

Rania · Post by **Rania** » Sat May 14, 2011 8:12 pm

Thanks for your reply. My immigration advisor thinks I can apply for a residence card next January when my daughter turns 18 even though my CHEN visa will not have expired yet. This is so as to put me on the right path towards PR which the CHEN visa doesn't guarantee. I am not convinced that this can work because of the dependency twist in my case but I plan to discuss it with him nearer the time and give it a try. According to the Zambrano ruling however, some solicitors seem to think that it also applies to all EU nationals and not only citizens of the country concerned!

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non eea parents of eea minor children

non eea parents of eea minor children