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UK_Lawyer
UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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can i apply for derivative residence card i and my wife is

Customer Question

can i apply for derivative residence card i and my wife is not legal and we have 3 children born here in UK
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

How old are your children please?

Are you still in a married relationship with your wife?

What nationality are you please?

Kind regards,


Tom
Customer: replied 3 years ago.

my first born is going to be 10Yrs old in december 13th 2013 , my secound born is 8yrs and my 3rd born is 4yrs old and i am still with marriage with my wife

Expert:  Thomas replied 3 years ago.
Okay.

What nationality are you please?

Tom
Customer: replied 3 years ago.

NIGERIAN

Expert:  Thomas replied 3 years ago.
Hi

Thanks.

I'm afraid I have just been called in to a meeting. May I answer in about 45mins?

Otherwise, feel free to opt me out and another expert may assist..

Kind regards,


Tom
Customer: replied 3 years ago.

why cant you answer before you go or transfer me to another lawyer

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your question. My colleague has asked me to assist you with your question.

Could you confirm how old your children are?
Do they go to school?
How did they manage to obtain citizenship and you didnt?

Kind regards
Customer: replied 3 years ago.

i said we have not gotten any residence parmitt ,,,,all of them born here and they live her in uk since they are born and they go to school here in uk


 


my first born is going to be 10Yrs old in december 13th 2013 , my secound born is 8yrs and my 3rd born is 4yrs old


 


 

Customer: replied 3 years ago.

my first born is going to be 10Yrs old in december 13th 2013 , my secound born is 8yrs and my 3rd born is 4yrs old


 


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Yes in your case you can apply for a derivative rights documents provided you can show the following:

A person may qualify for a derivative right of residence in one of the following categories:

• as the primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the EEA ('Zambrano' cases);

• as the primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights ('Chen'
cases);

• as the child of an EEA national worker/former worker where that child is in education in the UK ('Ibrahim and Teixeira' cases);

• as the primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK ('Ibrahim and Teixeira' cases); or as the dependent child aged under 18 of a primary carer in one of the categories set out above, where requiring that dependent child to leave the UK would force the primary carer to leave the UK with them

What you can state is that if you were required to leave the UK so will your children which will interrupt with their education. You will need to provide evidence of them undertaking education and also evidence of their birth certificate etc confirming you are their father and mother.

You need to state that you are the primary carer of the children and that you are willing to remain in the UK for the duration of your visa.

You can apply by using the following link:

http://www.ukba.homeoffice.gov.uk/eucitizens/derivative/applying-derivative/

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

you mean i qualify to apply for leave to remain on my children as i am illegal in UK

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The fact that you are illegal should not prevent you from applying, because the rules state that if removing you from the UK will hinder your child's chances of remaining in the UK then you should be issued with permission to remain in the UK.

When applying for a derivative rights document applicant's usually are overstayers or illegal in the UK and need to stay in the UK because of their children.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question, if so kindly rate my answer positively.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards

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