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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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Derivative rights of residence - Chen The fifth stage of

Resolved Question:

"Derivative rights of residence - Chen
The fifth stage of the consideration process is to assess whether the EEA national child
would be unable to remain in the UK if the primary carer were required to leave. "
I am an EEA national same as my 7 months old daughter but my partner, my child's mother is Vietnamese. How does the above rule can be applied to our case?
How can we prove that my daughter would need to leave UK if my partner, her mother was required to leave?
Application for Derivative Residence Card (fromDRF1)
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Essentially, to show that the child would have to leave the UK if the primary carer of the child left, you essentially, need to prove dependency. Where your daughter is 7 months old this is quite simple to prove. For example, if the child is still breastfeeding, then the child would have to leave the UK if the mother left. Dependency can also be shown in other ways. For example, a child learning to talk is dependent upon the mother teaching it how to talk if the father works each day. So, if the mother was forced to leave the uK then the child might develop learning difficulties so far as speech is concerned. Finally, be aware that it is rare that a mother is deported where they have an EU citizen child. The Zambrano judgment which gives the right of a non-EU parent to live and work in the UK or anywhere in the EU to support that child is quite wide and if you should be refused, you should certainly take legal action as the chances of success are great.
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