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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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How can a mother and two sons of 16 and 19 years old, with

Resolved Question:

How can a mother and two sons of 16 and 19 years old, with an Irish daughter of 12 years old, currently granted a second Discretionary Leave to Remain under regulation 15A of the Immigration (EAA) Regulations 2006, as ammended in July 2012, having lived in the UK since Nov 2005, seek Indefinite Leave to Remain in the UK? The mother, primary careerer of the EAA child in a now in a permanent employment as a professional graduate career and owns her house, apart from receiving aids from her husband periodically from Nigeria.
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi Thank you for your question. I will be happy to help you today.

Could you confirm if you were given derivative rights to live in the UK? for example as the primary carer of a British Or an EEA child?

If so when was your visa issued?

Kind regards
Customer: replied 3 years ago.

Yes.


It was issued in November 2013 and will expire in November 2018.


In 2009, I was granted a Limited Leave under Chen Ruling.


my husband, the 3 children and I were granted Visa Investors in November 2005, through the British High Commission, Lagos, Nigeria, with my husband as the Principal holder.


My husband decided to return back to Nigeria in 2007 after the world economic crisis, in order to salvage his main investment in mining back home, having lost much of money imported into the UK economy. He has continue to maintain us from home.


My daughter was born in Ireland and possesses an Irish citizenship.


If we had wanted to benefit from her status, we would have settled and invested in Ireland back then in 2005, We were caught by the economic crisis, rather than by our inaction.


 

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

Just to clarify,

What visa were you granted prior to derivative rights document?
Was it just the investors visa?

Kind regards
Customer: replied 3 years ago.

2 years renewable Visa Investors

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

1. The fact in respect of derivative rights documents visas is that you are unable to use them to count towards permanent residency in the UK, under the EEA regulations. As you are away an applicant issue a 5 year permit under the EEA regulations is able to apply for permanent residency after 5 years, but this does not apply to derivative right permits.

There is no right to permanent residence for persons claiming to have a
derivative right of residence. Documents issued to persons with a derivative right should be issued for a period of 5 years at a time. You would therefore not be able to apply for permanent residency under the EEA regulations, as per your current visa status.

2. However, you may be eligible to apply for indefinite leave to remain on the basis of long residency in 2015 under the immigration rules, if you can show that you have been legally resident in the UK since 2005. You would need to provide evidence to show your residency in the UK such as bank statements, letters in your name, tenancy agreement etc. All this requires is that you were legal in the UK for the duration of the 10 years. You would need to pass english B1 level examination as well as the life in the UK test.

You would need to meet the following requirements:

• You must have:
o 10 years continuous lawful residence
• There are no reasons why it would be against the public
interest to grant leave, taking into account the applicant’s:
o age
o strength of connections to the UK
o personal history, including character, conduct,
associations and employment record
o domestic circumstances
o compassionate circumstances
o any representations received on the person’s behalf
• You must meet the knowledge of language and
life requirement.
• You must not fall for refusal under the general
grounds for refusal.
• You must not be in breach of immigration laws,
except for any period of overstaying:
o for 28 days or less which will be disregarded, or
o if the application was submitted before 9 July 2012.

You would need to fill in form SET LR, please see the following link:

https://www.gov.uk/government/publications/application-to-settle-in-uk-form-setlr

Provided you can show the above evidence you should be issued with indefinite leave to remain.

I hope this answers your question. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards

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