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Hi everyone,we are back to the cold weather keep warm.I have been here before but today it's a different issue I have a friend who came in the UK august 2005 she is an overstayer she has a son born 2011 and she made an article 8 application(human rights or family life) it was refused and it's been awaiting reconsideration for 3 years now.the child father is was not and is not in the picture.

she gave birth to her second child early 2014 and her second child has a british passport as the father is british.they are no longer together he even refuses to claim for child benefits for the child.my friend and her kids are being helped by social services at the moment.she wants to apply for derivative residence card but she does not know where or how to start and if the home office might reject her application as she already has reconsideration application which she has been waiting for the HO decision for more than 3 years.

1.will it be ok if she applies for derivative residence card as primary carer for british child? 2.does she have to cancel her reconsideration application first? and most importantly if she can apply for derivative card are this documents ok?
-child birth certificate with both parents names?
-doctors letter to confirm she lives with her kids?
-social services letter to confirm she lives with her kids?
-nhs appointment letters for the child addressed to the mothers address?
-she does not have her passport as home office have it since the 2011 application

any advice from the board members is appreciated
thank you

It may be best for her to check the status of the reconsideration or make a FLR (FP) application for herself. That is much more straightforward than a Zambrano application and has a pathway to settlement.

I think that one will be dealt with quicker as it is within the rules.

In a Zambrano application, they may say the father can look after the child so the child does not need to leave the UK.

@Obie I will let her know and thank you for your reply it is most appreciated.

Hi board members I still need a bit more advise @Obie if may please i have few more questions.
-the reconsideration application is still pending
-she now wants to apply for flr(fp) does she use the 5-10 route or which one? since the british child is 5 months old
-will the fact that local authority are providing housing and homelessness assistance and social fund allowance(for her and her kids) make the HO refuse her application ?

thanks

No it will not affect her.

Exception 1 will be in play, she may be entitled to exemption of the fee due to destitution..

She will be on the 10 years pathway.

OK. The appendix 1 form.
thank you for your reply.

many thanks again