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primary carer of british child

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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amro2012
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primary carer of british child

Post by amro2012 » Wed Jan 17, 2018 8:39 pm

hi all,

please advise, my wife is non EEA NATIONAL and joined me in UK as family member of EEA national with EEA family permit, she never applied for residence card as family member of EEA national.

now my child(one year old )is British. does my wife eligible to submit Derivative Residence Card application as primary carer of British citizen child even she is family member of EEA national?

Any comments will be helpful

thanks

Obie
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Re: primary carer of british child

Post by Obie » Wed Jan 17, 2018 10:11 pm

Why did she not apply for a family permit?
Smooth seas do not make skilful sailors

amro2012
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Re: primary carer of british child

Post by amro2012 » Thu Jan 18, 2018 9:42 am

Hi obie

My wife already living here in the UK with family permit .

Obie
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Re: primary carer of british child

Post by Obie » Thu Jan 18, 2018 11:39 am

I suspect my question is , on what basis did she get the family permit.
Smooth seas do not make skilful sailors

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CR001
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Re: primary carer of british child

Post by CR001 » Thu Jan 18, 2018 11:41 am

Obie wrote:
Thu Jan 18, 2018 11:39 am
I suspect my question is , on what basis did she get the family permit.
Based on previous topics, OP appears to be an EEA national with PR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: primary carer of british child

Post by Obie » Thu Jan 18, 2018 12:18 pm

CR001 wrote:
Thu Jan 18, 2018 11:41 am
Obie wrote:
Thu Jan 18, 2018 11:39 am
I suspect my question is , on what basis did she get the family permit.
Based on previous topics, OP appears to be an EEA national with PR.
It makes no sense then to go for derivative residence.
Smooth seas do not make skilful sailors

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Re: primary carer of british child

Post by amro2012 » Thu Jan 18, 2018 1:22 pm

Hi obie,

Could you please explain. Can she apply as primary carer even she had family permit as family of EEA national ?

Thanks

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Re: primary carer of british child

Post by Obie » Thu Jan 18, 2018 1:28 pm

Why cant she apply as a family member of you? On the basis of which the family permit was granted?
Smooth seas do not make skilful sailors

amro2012
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Re: primary carer of british child

Post by amro2012 » Thu Jan 18, 2018 3:23 pm

Ok I understand. My question do we have option to choice between two options or it must be only as family member of EEA national?

Thanks

amro2012
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Re: primary carer of british child

Post by amro2012 » Thu Jan 18, 2018 7:40 pm

Any help please or if someone had similar situation.
For personal reasons we don't want to apply as family member of EEA national.

In this case can I apply for my wife for residence card as primary carer of British child??

Any help will be appreciated

Thanks

Obie
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Re: primary carer of british child

Post by Obie » Thu Jan 18, 2018 7:50 pm

No you can't. Even if your relationship is not working she can still qualify for residence card.

Derivative Residence does not lead to PR and is granted in limited cases and in exceptional circumstances.
Smooth seas do not make skilful sailors

amro2012
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Re: primary carer of british child

Post by amro2012 » Fri Jan 19, 2018 8:02 am

Thanks obie for your confirmation

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Re: primary carer of british child

Post by amro2012 » Sat Jan 20, 2018 1:08 pm

hi,

I did my own search but I could not find any regulation to support you said that I must apply for EEA family residence even my wife are eligible for derivative residence rights as primary carer of British child.

obie could you please refer me where I can find refer work.

Regards

Obie
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Re: primary carer of british child

Post by Obie » Sat Jan 20, 2018 1:17 pm

Well if you did your research and it came up with contrary information, then by all means do what you research led you to. Dont view my post as restricting you in any way shape or form..

I know for certain that your wife cannot meet the terms of Zambrano, so I wish you the best in your endeavour.

Your wife clearly does not meet the legal or Zambrano definition of Primary carer.
Smooth seas do not make skilful sailors

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Re: primary carer of british child

Post by New on forum » Sat Jan 20, 2018 1:27 pm

amro2012 wrote:
Sat Jan 20, 2018 1:08 pm
hi,

I did my own search but I could not find any regulation to support you said that I must apply for EEA family residence even my wife are eligible for derivative residence rights as primary carer of British child.

obie could you please refer me where I can find refer work.

Regards
Zombrano is a very much difficult to establish.
Don’t even go into that, I am a zombrano carer and trust me I know what is the criteria.
Being only primary carer is not enough to claim zombrano rights.
Go for eea residence card.

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Re: primary carer of british child

Post by vinny » Sat Jan 20, 2018 1:28 pm

16.(7) wrote:(c)an “exempt person” is a person—
(i)who has a right to reside under another provision of these Regulations;
...
16. wrote:(8) A person is the “primary carer” of another person (“AP”) if—

(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: primary carer of british child

Post by Obie » Sat Jan 20, 2018 2:00 pm

OP's partner will clearly not meet the Regulation 16(5)(C) test anyway, even if I was wrong on the primary career test.
The child will not be legally compelled to leave the UK or the EU as OP has Rights under the Regulations.

So primary carer is not the only hurdle that has to be overcome.
Smooth seas do not make skilful sailors

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Re: primary carer of british child

Post by vinny » Sat Jan 20, 2018 2:07 pm

Yes. It appears that there are many hurdles.
For example, when the other parent is also a Primary Carer and exempt.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: primary carer of british child

Post by Obie » Sat Jan 20, 2018 2:10 pm

vinny wrote:
Sat Jan 20, 2018 2:07 pm
Yes. It appears that there are many hurdles.
For example, when the other parent is also a Primary Carer and exempt.
Well if the other parent is an exempt person, then one parent cannot be a primary career for the purpose of that regulation.

The regulation envisages 2 situation.

One where there is a single mother or father taking care of the chid. The other parent is no where to be found or playing any role in the life of the child.

The other category is where you have 2 parents looking after a British child and both parents has no right of residence in the UK.

OP's wife does not meet either of these category.

As a matter of law, and for as long as OP remains in the UK, it will be open to Secretary of State to argue that both OP and his wife are exempt people, as the wife herself has a right of residence under regulation 14(2).
Smooth seas do not make skilful sailors

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Re: primary carer of british child

Post by New on forum » Sat Jan 20, 2018 2:47 pm

The regulation envisages 2 situation.

One where there is a single mother or father taking care of the chid. The other parent is no where to be found or playing any role in the life of the child.

The other category is where you have 2 parents looking after a British child and both parents has no right of residence in the state.
Or if other parent lacks the ability to care for the child for example child protection concerns or any disability mental or physical.
What evidence is required can be argued.

amro2012
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Re: primary carer of british child

Post by amro2012 » Sat Jan 20, 2018 7:03 pm

Thanks everyone for your help and clarification. I will go for EEA residence card.

I will search through the forum about the details how to apply for EEA2

Thanks obie and viny

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