Will I qualify for ILR?

[bankyamy]

I first came into UK 23rd October 2009 on a spousal visa and then went ahead for tier 2 (as my partner became a student) and then went on to Zambrano route in september 2015 after having a child (British). I have two other children who are not British.

I have been told that the derivative residence card that I hold does not lead to permanent residence. Is due to run out on the 5th of September 2019. I should be legally 10 years in 23 of October 2019 but don't know if I still qualify been that am the derivative residence card. 

What are my best options here? Am now single and work full time. I earn appox 18, 650and per annum I want to be able to access benefit's as well.

Thank you

[secret.simon]

Can you provide your entire immigration history (including dates of expiry of visas, dates of applications for each application, any appeals, etc) with dates (month/year at least), for us to advise you better?

[bankyamy]

Can you provide your entire immigration history (including dates of expiry of visas, dates of applications for each application, any appeals, etc) with dates (month/year at least), for us to advise you better?

Thank you. Here are the dates. I have not had any breaks in between.

First visa- Tier 1 post study valid from 10/07/09 to 19/06/10 ( Entered the UK 23/10/2009)

Second visa- Tier 4 dependant leave to remain-valid from 06/07/10 to 30/04/2013

Current one-Derivative residence card valid from 18/09/18 to 18/09/2019.

[secret.simon]

First visa- Tier 1 post study valid from 10/07/09 to 19/06/10 ( Entered the UK 23/10/2009)

Second visa- Tier 4 dependant leave to remain-valid from 06/07/10 to 30/04/2013

What was the date of application for the second visa?

Current one-Derivative residence card valid from 18/09/18 to 18/09/2019.

What was your legal status between 2013 and 2018?

How old is your British child?

[bankyamy]

First visa- Tier 1 post study valid from 10/07/09 to 19/06/10 ( Entered the UK 23/10/2009)

Second visa- Tier 4 dependant leave to remain-valid from 06/07/10 to 30/04/2013

What was the date of application for the second visa?

Current one-Derivative residence card valid from 18/09/18 to 18/09/2019.

What was your legal status between 2013 and 2018?

How old is your British child?

My apologies, I have the derivative residence card from 18 Sept 2014 to expire on 18 Sept 2019. My British child is 6 years old.

[bankyamy]

First visa- Tier 1 post study valid from 10/07/09 to 19/06/10 ( Entered the UK 23/10/2009)

Second visa- Tier 4 dependant leave to remain-valid from 06/07/10 to 30/04/2013

What was the date of application for the second visa?

Current one-Derivative residence card valid from 18/09/18 to 18/09/2019.

What was your legal status between 2013 and 2018?

How old is your British child?

My apologies, I have the derivative residence card from 18 Sept 2014 to expire on 18 Sept 2019. My British child is 6 years old.

Application date for the second visa was 06/07/2010 to 30/04/2013 then Derivative residence card from 18/Sept 2014 to 18 Sept 2019.

[secret.simon]

By Application date, I meant what date did you submit/post the second application?

What legal status did you have between 30/04/2013 & 18/09/2013?

A Derivative Residence card, just like any EEA route application, does not have Section 3c protection and that would mean that your stay between the two dates above (30/04/2013 & 18/09/2013) would likely have been illegal. That in turn would have reset the clock for ILR(LR), which requires 10 continuous years of legal residence.

If your British child is 6 years old, you should be able to renew your Zambrano card. But be aware that as Zambrano is issued under EU law, its future as we leave the EU is unknown.

[bankyamy]

By Application date, I meant what date did you submit/post the second application?

What legal status did you have between 30/04/2013 & 18/09/2013?

A Derivative Residence card, just like any EEA route application, does not have Section 3c protection and that would mean that your stay between the two dates above (30/04/2013 & 18/09/2013) would likely have been illegal. That in turn would have reset the clock for ILR(LR), which requires 10 continuous years of legal residence.

If your British child is 6 years old, you should be able to renew your Zambrano card. But be aware that as Zambrano is issued under EU law, its future as we leave the EU is unknown.

I submitted before 30/04/2013 , this was before the expiry of my second visa. I think it was in the home office withing those dates.

Other than the Zambrano routes,what are my other options especially after the Brexit. As you rightly said. No one knows what will happen next.

[secret.simon]

I submitted before 30/04/2013 , this was before the expiry of my second visa. I think it was in the home office withing those dates.

As mentioned, EEA route applications do not get Section 3c protection. You need to have got the Zambrano card before your previous leave expired for your stay to be legal throughout.

Other than the Zambrano routes,what are my other options especially after the Brexit. As you rightly said. No one knows what will happen next.

Form FLR(FP) - Parent
Request for fee waiver

[bankyamy]

I submitted before 30/04/2013 , this was before the expiry of my second visa. I think it was in the home office withing those dates.

As mentioned, EEA route applications do not get Section 3c protection. You need to have got the Zambrano card before your previous leave expired for your stay to be legal throughout.

Other than the Zambrano routes,what are my other options especially after the Brexit. As you rightly said. No one knows what will happen next.

Form FLR(FP) - Parent
Request for fee waiver

Thank you. You have been very helpful. I earn approx £1200 per month. I have 3 children. How likely am I to qualify for the fee waiver?