but thought I must ask this question(s) in here as that is about applying for settlement `as a parent of British Child ` :
The question is :
In case if my wife`s Permanent Residence application will be unsuccesful (because I am Dual UK/EU citizen) , can she apply this way ? :
https://www.gov.uk/derivative-right-residence
As it is saying :
`To get a derivative residence card you must be one of the following:
the primary carer of someone who has the right to live in the UK`
`A ‘primary carer’ means you’re someone’s main carer, or you share the responsibility with someone else, and you’re their direct relative or legal guardian. Direct relatives are: parents `
Link : https://www.gov.uk/derivative-right-res ... ligibility
Is `derivative right` possible for her in our case ? or this one is for EEA children ?
Her 5 year Residence card expiring in April and CJEU decision in `Lounes C-165/16`from 14 Nov 2017 are still not implemented into UK law , so we must look for different ways of how she can stay here in UK with me and baby !
I suspect that her rights to stay may be based on our British Child . Am I right ?
I am aware about `Spouse Visa` and `Family Visa`(based on baby again) if we go by UK route , but I will not be able to meet 18.600 a year earnings requerement (unless I find a 2.nd job and go work weekends, is this possible ?)
we just can`t afford to break our family life and live in different Countries as this would be catastrophic situation ...
somebody help with advice please ? Very much appreciate any . Thanks.