Change from discretionary leave to remain to (EEA 2006)

[busmanian]

Hello all i wonder if you would be able to clarify something for me, My wife and stepson are from the USA are here living with me in the UK on a discretionary leave to remain visa granted under article 8,
The visa needs to be renewed this December after her 1st 3 year period,
I now have in place a Step-Parent Parental Responsibility Agreement (was told this could shorten then length of time for settlement).
Now the form for extension to stay is the FLR(0), But have been told i should use the EEA Route 2006, Can you tell me if this is correct?.
she is on the 6 year tier.

Kind regards Ian.














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[Obie]

I am not sure how the route to settlement could be quicker if you switched. In any event, who is the relevant EEA national, how long have they been in the UK? And what is their relationship with you? What activity or on what basis is the EEA national residing in the UK?.

[busmanian]

This is what i wasn't understanding as my wife/stepson are from the USA So are non eu.
The only thing i read was moving to another EEA country with them for a year then returning to to UK , Then it would apply.
Any way i wouldn't be doing that .

[busmanian]

If as I am a British citizen born in England am I a EEA citizen?
The 2006 EEA Regulations are admissible to EEA Nationals AND family members of EEA Nationals. Your husband is British citizen therefore also EU National, see article 20 TFEU.

Regulation 7(1)(a) of the 2006 EEA Regulations 'define' spouse as Family member for the purpose of the 2006 EEA Regulations.

The 2006 regulations were amended in 2012 to give effect of case c34/09 of CJEU. The relevant provision in question is regulation 15(A)4(A) of the amended Regulations as your are the primary carer of British citizen child.

If person fall under the EEA Regulations they DO NOT require leave to remain under the principle immigration Act 1971 ("the immigration rules"), see section 7(1) of the immigration act 1988.

[busmanian]

If u go down the EEA route as opposed to the "IR" u don't even need to apply to home office by virtue of section 7(1) of the 1988 act.
This is the information I have been given so I'm asking is it possible?. Regards Ian

[Amber]

You must stick on the DLR, it's a 6 year route to settlement, extending on FLR(O). However, there may be an argument that the child should be able to settle after 3 years.

[busmanian]

You must stick on the DLR, it's a 6 year route to settlement, extending on FLR(O). However, there may be an argument that the child should be able to settle after 3 years.

Ok thanks for the reply Amber.
My wife is also primary carer for my son her stepson while I'm at work. would this affect anything?.

[Obie]

As i said before, and as reiterated by Amber, you are better off sticking with FLR(O).

Your wife will not qualify as Primary Carer within the meaning of Regulation 15A, under the Zambrano Provision, as you are around.


In any event, it makes no difference for her to switch, as that provision provides no pathway to permanent residence.

[busmanian]

Thank you for your help.