Derivative residence card as primary carer for British child

[topmic]

Hi board members I need a bit more advise , A friend of mine have a child who is British citizens
-she now wants to apply for flr(fp) as a single mother because the child father left when the child was a month and now the child is 3 months, pls want document will she need to submit as it's not easy for her as a single mother without any support . Pls any advice will be appreciated

[Casa]

FLR(FP) Parent route

https://www.gov.uk/government/uploads/s ... _05-16.pdf

What is the mother's current status in the UK?

[topmic]

The mother has no visa her visa a a visitor expired 2012, pls what can she do now

[Casa]

Being the parent of a British child doesn't give her the automatic right to reside in the UK.

As the child is so young the Home Office may well take the view that the child can easily settle outside of the UK with the mother.

There is also the issue of whether she has paid the medical fees for the birth and any other medical NHS treatment while here as a visitor/overstayer.

Unpaid NHS bills are now a reason to refuse under 320(11) due to "frustrating the intentions of the Immigration rules".

[topmic]

She didn't pay for NHS and I think that is why £500 is pay for NHS when submitting application, and do u advice she wait a bit longer b4 she submit her application or can she sumit when the baby is 5month

[Casa]

No, the £500 NHS surcharge is now standard for many categories of visa and is to cover future use of the NHS.

This WON'T clear any outstanding NHS debt for treatment she has already received.

There'll be no difference between a 3 month or a 5 month old baby regarding an established life in the UK. You would be looking at years rather than months and even then there are no guarantees.

[topmic]

Thank u @ CASA. I will just show her all this to read herself,

[Casa]

Does the British father have any contact at all with his child?

[Obie]

She may also consider a Zambrano application if the father is playing no role in the life of the child, and the removal of the mother will force the child to be removed aswell.

[topmic]

@casa the father can't be located for now and as not contact for a while any more advice will be appreciated

[topmic]

@ obie. Pls how does the zambrano application work that can favour the mother,and the father can't be located for now ,I mean he's not playing any role in the child life

[Obie]

Zambrano is a fact sensitive case, depending on the fact of the case. If your person succeed, she will get 5 years which is renewable.

[topmic]

How will the zambrano application work for her and what documents will she need to submit as you say it's a fact sensitive case

[Casa]

You might find this article by Freemovement helpful:

https://www.freemovement.org.uk/making- ... plication/

And application:
https://www.gov.uk/derivative-right-residence/overview

[topmic]

THank u

[Casa]

THank u

Welcome. She should be made aware however that as I understand it, Zambrano doesn't lead to permanent settlement.

[Britcitmum]

Being the parent of a British child doesn't give her the automatic right to reside in the UK.

As the child is so young the Home Office may well take the view that the child can easily settle outside of the UK with the mother.

There is also the issue of whether she has paid the medical fees for the birth and any other medical NHS treatment while here as a visitor/overstayer.

Unpaid NHS bills are now a reason to refuse under 320(11) due to "frustrating the intentions of the Immigration rules".

Setting non-payment of child birth fees as a reason for refusal of a FLR-FP application has to be the most absord policy. They might as well cancel the FLR FP route for overstayers, as I'm sure none would qualify based on this cynical policy. Sounds like something that Theresa May would've come up with.
Someone needs to take them to court over this absurd policy to have it changed once and for all.