Chen vs Ibrahim and Teixeira

[star31]

The Citizens right has been settled in the withdrawal agreement, and therefore citizens rights is not dependent on the UK future relationship, as that has bee resolved.

Section 3C is engaged in relation to settled status application, and therefore people applying who held leave before applying under that provision, will be covered by Section 3C.

@ Obie, thank you for clarifying this.

[star31]

@lolwe ,Obie,JB007,Zerubbabel and Secret.Simon,
Since Brexit has happened, in case of any eventuality and HO refuses Non EU under Derivative Rights EUSS application. Please what laws and appendix can someone rely on when making an argument.

[secret.simon]

To the best of my knowledge (and @Obie will likely know more than me on this point), derivative rights are not protected by the Withdrawal Agreement. And the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 passed through Parliament in November this year. That explicitly repealed as much of EU law applicable to immigration as not provided for in the Withdrawal Agreement.

6 (1) Any other EU-derived rights, powers, liabilities, obligations, restrictions, remedies and procedures cease to be recognised and available in domestic law so far as—
(a)they are inconsistent with, or are otherwise capable of affecting the interpretation, application or operation of, any provision made by or under the Immigration Acts (including, and as amended by, this Act), or
(b)they are otherwise capable of affecting the exercise of functions in connection with immigration.

There is provision in the Appendix EU for people with derivative rights of residence, but of course, that is under UK law and that can be amended and/or restricted in future.

I am sure that @Obie will be in a better position to advise further.

[Obie]

Derivative rights like Chen, Ibrahim and Teixeira are protected by the withdrawal agreement, and a person can rely on it in a UK court.

The situation for Zambrano seem a bit difficult, maybe a reference will need to be made to the CJEU in that regards.

People with those rights are entitled to remain in the UK until their children finishes education.

The rules are a bit generous in conferring ILR after 5 years.

[star31]

To the best of my knowledge (and @Obie will likely know more than me on this point), derivative rights are not protected by the Withdrawal Agreement. And the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 passed through Parliament in November this year. That explicitly repealed as much of EU law applicable to immigration as not provided for in the Withdrawal Agreement.

6 (1) Any other EU-derived rights, powers, liabilities, obligations, restrictions, remedies and procedures cease to be recognised and available in domestic law so far as—
(a)they are inconsistent with, or are otherwise capable of affecting the interpretation, application or operation of, any provision made by or under the Immigration Acts (including, and as amended by, this Act), or
(b)they are otherwise capable of affecting the exercise of functions in connection with immigration.

There is provision in the Appendix EU for people with derivative rights of residence, but of course, that is under UK law and that can be amended and/or restricted in future.

I am sure that @Obie will be in a better position to advise further.

@secret.simon thanks for your help.

[star31]

Derivative rights like Chen, Ibrahim and Teixeira are protected by the withdrawal agreement, and a person can rely on it in a UK court.

The situation for Zambrano seem a bit difficult, maybe a reference will need to be made to the CJEU in that regards.

People with those rights are entitled to remain in the UK until their children finishes education.

The rules are a bit generous in conferring ILR after 5 years.

@Obie thanks for clarifying this, but does that mean that in the case of Chen, Ibrahim and Teixeira, EU Laws can be cited in an appeals before June 2021.

[star31]

Derivative rights like Chen, Ibrahim and Teixeira are protected by the withdrawal agreement, and a person can rely on it in a UK court.

The situation for Zambrano seem a bit difficult, maybe a reference will need to be made to the CJEU in that regards.

People with those rights are entitled to remain in the UK until their children finishes education.

The rules are a bit generous in conferring ILR after 5 years.

@Obie thanks for clarifying this, but does that mean that in the case of Chen, Ibrahim and Teixeira, EU Laws can be cited in an appeals before June 2021.

@ Obie Happy New Year. Please can you respond to my question.

[Obie]

Those caselaw that predates UK's departure can still be relied upon and binding aswell.

[Shanice]

Hello

I’m new. I see a lot of information about derivative rights but it appears, very little about Chen specifically. apologies, I’m new to this forum and I may not be searching right .
I’ve had a Chen visa for 4 years, with an Irish son under 18. I’ve applied for the EUSS, in Dec 2020. I have a few questions, I hope that’s ok.
Firstly, is it treated as a fresh Chen application? Secondly, does is really take 6 months? Lastly, can I request my existing BRC be returned, to allow me travel for a pre booked appointment? Would this affect my application? My son has been granted settled status, so this application only applies to me and my non EU toddler, who was also previously granted a derivative Visa with my own application.
I’m divorced and primary carer of my sons.
Much appreciated.
Xx

[star31]

@ Secret.simon, Obie and Snooky, Please I need clarification on this. I have read lots of post which states it is the duty of Home Office to deal with any application within 6 months. Does this mean it is their guideline or is there any Section or Article which states this?

[star31]

@ Secret.simon, Obie and Snooky, Please I need clarification on this. I have read lots of post which states it is the duty of Home Office to deal with any application within 6 months. Does this mean it is their guideline or is there any Section or Article which states this?

@ Secret.simon, Obie, Snooky and gurus, please i need urgent response to the above post.

[star31]

@ Secret.simon, Snooky, Obie and gurus, please i want to write to EUSS with regards to delay in concluding my application, can i remind them of there Customer Service Standard and also what section of the Withdrawal Bill states Ibrahim & Teixeira derivative holders are covered in the Withdrawal Bill.

[secret.simon]

@star31, by all means write to the EUSS, but keep in mind that the Customer Service Standard is just (non-enforcable) guidance. The purpose is more to set the expectations of applicants. There is no legal limit on how long they can take on applications.

As for the section of the Withdrawal Agreement (I presume you meant the Agreement rather than the Bill, which is not related to immigration directly) that covers Ibrahim & Teixeira derivative holders, I am not entirely certain that derivative rights holders are covered by the Agreement at all.

The government is providing for these cases in the Settled Status Scheme under domestic UK law, but I am not sure that it is a right in the Agreement. But wait for others, including @Obie, to advise further on that point.

[star31]

@star31, by all means write to the EUSS, but keep in mind that the Customer Service Standard is just (non-enforcable) guidance. The purpose is more to set the expectations of applicants. There is no legal limit on how long they can take on applications.

As for the section of the Withdrawal Agreement (I presume you meant the Agreement rather than the Bill, which is not related to immigration directly) that covers Ibrahim & Teixeira derivative holders, I am not entirely certain that derivative rights holders are covered by the Agreement at all.

The government is providing for these cases in the Settled Status Scheme under domestic UK law, but I am not sure that it is a right in the Agreement. But wait for others, including @Obie, to advise further on that point.

@ secret.simon, Thank you so much.
@ Obie, snooky & Guru’s. Please can you help.