Stay as a Freeman/woman

[N0mad]

Hi all
A British citizen living abroad with a minor child 6, returning to Britain to start school, once settled father would like to carry on the job abroad. Does the mother a non EU citizen have the right to remain in Britain.
All advice, suggestions and wisdom greatly appreciated
Matt

[physicskate]

Hi all
A British citizen living abroad with a minor child 6, returning to Britain to start school, once settled father would like to carry on the job abroad. Does the mother a non EU citizen have the right to remain in Britain.
All advice, suggestions and wisdom greatly appreciated
Matt

Not if the non-EU spouse is here as a spouse on a spouse visa. If the UK citizen is working abroad in a permanent role, the purpose of being in the UK is no longer to maintain a spouse relationship.

[N0mad]

She is with her husband living abroad last 20 years.has made visits on visitors visa almost every year. Her current 2 year visa will be expired soon.

[Casa]

She is with her husband living abroad last 20 years.has made visits on visitors visa almost every year. Her current 2 year visa will be expired soon.

Do you mean she has a 2 year visitor visa

[Wanderer]

She is with her husband living abroad last 20 years.has made visits on visitors visa almost every year. Her current 2 year visa will be expired soon.

Makes no difference, the intention must be for the family to move, you can't pick and choose which parts of the immigration criteria you like.

[N0mad]

She has currently got a two year visitors visa with a short run left. Asking so as I know what visa to apply for next. The kid will be starting school this school year. She will be looking after her as I need to be abroad, so not acting as my spouse but parent to a minor British citizen attending school
What bits can I pick to justify her right to stay in Britain, how to enter legally for this purpose would also be helpful.

[Wanderer]

She has currently got a two year visitors visa with a short run left. Asking so as I know what visa to apply for next. The kid will be starting school this school year. She will be looking after her as I need to be abroad, so not acting as my spouse but parent to a minor British citizen attending school
What bits can I pick to justify her right to stay in Britain, how to enter legally for this purpose would also be helpful.

Hope she's not stayed for two years on this visa, a visit visa is meant for short visits, not to reside.

There is no visa for what you propose that I know of. Certainly no special treatment because she's the wife/mother of a British Citizen.

[physicskate]

She has currently got a two year visitors visa with a short run left. Asking so as I know what visa to apply for next. The kid will be starting school this school year. She will be looking after her as I need to be abroad, so not acting as my spouse but parent to a minor British citizen attending school
What bits can I pick to justify her right to stay in Britain, how to enter legally for this purpose would also be helpful.

Hope she's not stayed for two years on this visa, a visit visa is meant for short visits, not to reside.

There is no visa for what you propose that I know of. Certainly no special treatment because she's the wife/mother of a British Citizen.

I'm probably barking up the wrong tree... but is there any mileage in looking at Zambrano?

[Casa]

There may be a chance with Zambrano, although I'm unsure whether the British child has to be resident in the UK when the application is submitted. In this case it appears that the child has spent all of their life to date, living in another country with both parents.

[secret.simon]

Zambrano is, in my understanding, a valid option in this case, even if the non-EEA parent is returning to the UK with the child.

Worth keeping in mind that
a) Zambrano does not lead to settlement
b) Zambrano's status post Brexit is uncertain.

The British parent may have to decide between his career and the stability of life of his family.

Also, should this thread not be moved to the Family immigration forum?

[Casa]

Zambrano is, in my understanding, a valid option in this case, even if the non-EEA parent is returning to the UK with the child.

Worth keeping in mind that
a) Zambrano does not lead to settlement
b) Zambrano's status post Brexit is uncertain.

The British parent may have to decide between his career and the stability of life of his family.

Also, should this thread not be moved to the Family immigration forum?

Thanks...moved

[N0mad]

Thanks for all your input. How does this thing work then I go to the nearest post and ask for what exactly

[Casa]

My understanding is that your wife will need to apply for an EEA family permit. Wait for confirmation as others may advise further. See 5 - Derivative rights of residence in the link below.
https://www.gov.uk/family-permit/overview

In which country are you living?

When is your child registered to enter school in the UK?

Do you have other family living in the UK?

[N0mad]

Zambrano sounds complicated, I hate complicated
The child has a grandparent in Britain but an octagenarian not capable of looking after her.
Suppose this works, she will need to enter the UK with what sort of visa?

[Casa]

Zambrano sounds complicated, I hate complicated
The child has a grandparent in Britain but an octagenarian not capable of looking after her.
Suppose this works, she will need to enter the UK with what sort of visa?

Not a visa. Follow the information in the link I've posted and you'll see that it's a residence permit under EEA Regulations. It may be the only option...but still no guarantees it will be granted as your child appears to have lived all of their 6 years outside of the UK and the EEA .

There's a reason I've asked the questions in my previous post......

[N0mad]

We have been living in Iran
School starts this September
No other family capable of being her guardian

[Wanderer]

I might be as thick as a whale omelette but how do EU rules apply here? Who's the EU citizen?

[Casa]

I might be as thick as a whale omelette but how do EU rules apply here? Who's the EU citizen?

The child. But please don't ask me to explain it....

[N0mad]

So far as the new law goes,
And it's handled by the Consular section of the Embassy as it's a certificate and not a visa if I understand the link you kindly sent correctly

[secret.simon]

I might be as thick as a whale omelette but how do EU rules apply here? Who's the EU citizen?

The child. But please don't ask me to explain it....

Here is an article written when the Zambrano judgement was published, explaining some of the thinking behind it.

Broadly, as the British child, an EU citizen, cannot enjoy the benefits of his EU citizenship in his home country in the absence of his non-EU parents, EU law requires that the member-state of the child's citizenship (the UK) must allow the non-EEA parent to reside with the child in that member-state.

This judgment does not rely on freedom of movement principles, but that an EEA citizen child cannot be expected to reside in the UK on its own.

Presumably because it was decided so early (2011), Zambrano's derivative right of residence is not considered to apply Directive 2004/38/EC by analogy. So there is no automatic PR. The parent would presumably be eligible for ILR under the Long Residence rules.

[Casa]

I might be as thick as a whale omelette but how do EU rules apply here? Who's the EU citizen?

The child. But please don't ask me to explain it....

Here is an article written when the Zambrano judgement was published, explaining some of the thinking behind it.

Broadly, as the British child, an EU citizen, cannot enjoy the benefits of his EU citizenship in his home country in the absence of his non-EU parents, EU law requires that the member-state of the child's citizenship (the UK) must allow the non-EEA parent to reside with the child in that member-state.

This judgment does not rely on freedom of movement principles, but that an EEA citizen child cannot be expected to reside in the UK on its own.

Presumably because it was decided so early (2011), Zambrano's derivative right of residence is not considered to apply Directive 2004/38/EC by analogy. So there is no automatic PR. The parent would presumably be eligible for ILR under the Long Residence rules.

Thankyou. I'll leave this to you as I understand where Wanderer's coming from with the whale omelette.

[N0mad]

Just been on the phone to the local post and they "know nothing". Got to go through those nice people at telewhatever. All privatised and depending on when their colleagues where last arrested, rather prickly to deal with. They do take the money and run if given half a chance, thank goodness for the British justice system, they still short change and smile.
Let's hope all this nonsense comes to an end when the sovereignty of the place is decided

[N0mad]

Just an update, the visa appointment system needs a program to allow you to make appointments only available to a private " cartel" locally. Basically not a chance in heaven of an individual being able to make an appointment with out paying this extra fee.

[Wanderer]

Just an update, the visa appointment system needs a program to allow you to make appointments only available to a private " cartel" locally. Basically not a chance in heaven of an individual being able to make an appointment with out paying this extra fee.

Nope, it's big business now, UK Immigration plc.....

Demand is there, charge for the supply...

[N0mad]

Human beings as commodity, nice