Child over 18 joining a naturalized UK citizen

[Durbzzz]

Hello, I am trying to get back to London to join my mother who is a naturalized UK citizen. She has Parkinson's Disease and I moved there to care for her. I am over 18 now. I was given incorrect advice and legal guidance by both Heathrow Border patrol and lawyers about how to spend more time in the UK. I incorrectly applied for Indefinite Leave to Remain and was denied because I was not eligible. Do I have any options on getting back to London to care for her?

[noajthan]

Hello, I am trying to get back to London to join my mother who is a naturalized UK citizen. She has Parkinson's Disease and I moved there to care for her. I am over 18 now. I was given incorrect advice and legal guidance by both Heathrow Border patrol and lawyers about how to spend more time in the UK. I incorrectly applied for Indefinite Leave to Remain and was denied because I was not eligible. Do I have any options on getting back to London to care for her?

Over 18 you are an adult as per UK domestic regulations.

What's your nationality - are you from EU?
Immigration status in UK (if any)?

You may have a somewhat tenuous derivative right, start here:
https://www.gov.uk/derivative-right-res ... ligibility
- note it does not lead to settlement

[Durbzzz]

Hi, I hold USA citizenship. I have no current status in the UK as I'm out of the country. I'm working on 2 startups with a UK investor. We are working towards applying for a Tier 1 entrepreneur visa but I was wondering if my mom had any human rights claims to getting me to the UK?

[Durbzzz]

I looked at the derivative residence card. Am I eligible as an American? My mom would have to leave the UK as she's alone but gets her medical treatment there. You think it's worth a shot applying? Can I work in the UK with it? Can it lead to ILR?

[noajthan]

Hi, I hold USA citizenship. I have no current status in the UK as I'm out of the country. I'm working on 2 startups with a UK investor. We are working towards applying for a Tier 1 entrepreneur visa but I was wondering if my mom had any human rights claims to getting me to the UK?

Hardly likely as your HRs have not been infringed.
Mom does ofcourse have a HR to live with you in US subject to US rules and regulations (just as much as you will be subject to UK immigration rules and regs).

Have you checked, investigated and drawn up an action plan based on the derivative rights details posted above yet?

[noajthan]

I looked at the derivative residence card. Am I eligible as an American? My mom would have to leave the UK as she's alone but gets her medical treatment there. You think it's worth a shot applying? Can I work in the UK with it? Can it lead to ILR?

The application is made on proven basis of need for care and on relationship - not on your nationality.
No, it's a derivative right and doesn't lead to settled status (PR in this context - not ILR).

Can't remember if there's a right to work but on basis of being a full-time carer you won't have time to work.
If you do have time for work you won't be a carer.

[Durbzzz]

You're right. I think I might have a chance applying for the EEA family permit. How Is permanent residence different to ILR?

[Wanderer]

You're right. I think I might have a chance applying for the EEA family permit. How Is permanent residence different to ILR?

EEA Family Permit is a whole different ball game, doesn't apply here, on the evidence given so far...

[Durbzzz]

Can you elaborate?

This is why I think I have a chance for applying for EEA

1. My mom is a UK citizen.
2. I am a US citizen.
3. She gets all her meds and healthcare in the UK. She can't leave for the US because it's not available there or financially viable.
4. She is alone in the UK, no ones else to care for her.
5. I am over 21 but my mom is financially well off and I can be deemed financially dependent on her while I care for her.

[physicskate]

Can you elaborate?

This is why I think I have a chance for applying for EEA

1. My mom is a UK citizen.
2. I am a US citizen.
3. She gets all her meds and healthcare in the UK. She can't leave for the US because it's not available there or financially viable.
4. She is alone in the UK, no ones else to care for her.
5. I am over 21 but my mom is financially well off and I can be deemed financially dependent on her while I care for her.

British citizens in the UK have the rights to family under British laws, not EU laws. The only exception to this is the Surrinder Singh route. If she had another EU citizenship as well as British citizenship, the British rules still trump EU rules.

Your points 3 and 5 contradict one another...

[noajthan]

The rules on derivative rights and carers do not come from the EU Directive.
Its a longshot but worth a shot.

Unclear how compatible it would be with a concurrent T1E application though.

[Durbzzz]

One of the points mentioned for the EEA permit is being the primary carer of a UK citizen. You think that long shot of getting it is more favorable with this reason?

My mom is well off enough to state she'll provide financial support in the UK since the requirements are reasonable. Treating my mom outside the UK is not financially viable due to the exorbitant cost.

[noajthan]

One of the points mentioned for the EEA permit is being the primary carer of a UK citizen. You think that long shot of getting it is more favorable with this reason?

My mom is well off enough to state she'll provide financial support in the UK since the requirements are reasonable. Treating my mom outside the UK is not financially viable due to the exorbitant cost.

It appears it may be a longshot as one condition is that the recipient of the care would be forced to leave EEA area (not just UK) if care is not available.
And mom seems to be well established in UK at the moment.

[Durbzzz]

Exactly, that's what I'm going for. She's been in the UK for 20 years and is well settled. And the treatment is not available anywhere else. When I mentioned cost, it was hypothetical since I've seen what other countries are planning to charge.

[Durbzzz]

Hello, my mother recently spoke to a few London solicitors and they all said they're not sure I could apply for the EEA family permit to join her in the UK. Below is my original post after someone on the forum suggested I try that route. Any other options and advice would be appreciated.

"Hello, I am trying to get back to London to join my mother who is a naturalized UK citizen. She has Parkinson's Disease and I moved there to care for her. I am over 18 now. I was given incorrect advice and legal guidance by both Heathrow Border patrol and lawyers about how to spend more time in the UK. I incorrectly applied for Indefinite Leave to Remain and was denied because I was not eligible. Do I have any options on getting back to London to care for her?"

[noajthan]

Hello, my mother recently spoke to a few London solicitors and they all said they're not sure I could apply for the EEA family permit to join her in the UK. Below is my original post after someone on the forum suggested I try that route. Any other options and advice would be appreciated.

...

The application is free so little harm or cost in applying (apart from documentation time).

[Durbzzz]

When I go to the Home Office website to apply, it takes me to the general visa section. Is this the correct route? Do I just specify that I want to enter using an EEA family permit for 6 months and then apply for a residency card?

If I apply and get rejected will it hamper my attempts to secure a tier 1 entrepreneur visa when my apps are up and running with investment?

[Wanderer]

I don't see how it's possible for one to apply for an EEA FP when no one is excercising a treaty right in this scenario?

[Durbzzz]

My mom is a UK citizen who is well settled in UK life. She cannot leave because her medication is not available anywhere else in the world and I am her primary carer.

After looking on the gov website, I feel I fulfill all requirements.

If she left without my care he human rights are in a sense violated because he meds are found nowhere else.

[Wanderer]

My mom is a UK citizen who is well settled in UK life. She cannot leave because her medication is not available anywhere else in the world and I am her primary carer.

After looking on the gov website, I feel I fulfill all requirements.

If she left without my care he human rights are in a sense violated because he meds are found nowhere else.

I understand that but still don't get where EU rules apply, this is a UK issue only as far as I can see, EU rules only apply to those excersicing treaty rights and no one here is....

[Durbzzz]

Well, from all the cases I am reading about, UK citizens are claiming rights pertaining to EU and UK law to get family members into the UK, whether it's from the EU or another part of the world.

But it sounds like that isn't the case. What site are you referencing this info from?

[Sedanday]

U.K. Families relying on EU law to bring in families because they have exercised their rights (by working schooling self employment) in other EU member states before returning back to the UK. That doesn't seem like your case.

EEA family permit I believe is for family members of "EU citizens" excersing their rights in the uk.

Your mum is a uk citizen and because she has not exercised her right in another EU country, she will be treated as a UK citizen .

However if you feel you meet the "requirement" then go ahead and apply. I believe other posters have said that might not be the case. Good luck

[Durbzzz]

Okay, do you know if I apply and am not successful, will it hurt my application if I apply for a Tier 1 Entrepreneur Visa down the road?

I know that applying too many times unsuccessfully does not look good.

[Durbzzz]

Fair enough, what are your thoughts on applying for the Zambrano Derivative Residence Card. It's usually applied to parents caring for UK children. What if I am doing all the care for my mom? Think it's possible?

[noajthan]

You may have a somewhat tenuous derivative right, start here:
https://www.gov.uk/derivative-right-res ... ligibility
- note it does not lead to settlement

You have already been discussing possible derivative rights!