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ReadyLaw
ReadyLaw, Lawyer
Category: Immigration Law
Satisfied Customers: 2714
Experience:  Bar Professional Training Course
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My daughter, now 25, spent 5 complete years in the UK as a

Customer Question

My daughter , now 25, spent 5 complete years in the UK as a dependent of a primary carer of an eu national child . She turned 18 during the 2nd year of her 5 year period . When EU settled scheme was started she was
JA: What steps has your daughter taken? Has she filed any papers in family court?
Customer: She applied for settled status based on those 5 years but she was refused , stating that , although she was under 18 when she was gien 5 year visa as a dependent of a primary carer , but she turned 18 before the completion of her 5 year period
JA: What steps has your daughter taken? Has she filed any paperwork with the UK government? What country does your daughter live in? If different, what is her citizenship?
Customer: She is a pakistani national. Currently , she lives in the UK under student visa , her 5 years were completed between 2012 and 2017 ,
JA: Has your daughter talked to a lawyer about the visa?
Customer: Yes , the lawer says the decision is correct and they can't go against the decision
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I found this guidance incidentally which states the following on page 13
Dependant of the primary carer: regulation 16(6) Regulation 16(6) of the EEA Regulations
(save where the person was previously granted limited leave to enter or remain under Part 1 of Appendix EU as ‘a person with a derivative right to reside’ and was under the age of 18 years at the date of application for that leave)Published 18 November 2019 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/847489/euss-derivative-right-to-reside-chen-ibrahimteixeira-v2.0ext.pdfWhat I understand from the detail in the above mentioned link, is that although Maria has not been under 18 for the whole qualifying period of 5 years which she spent under EU rules ( Sep2012 till Sep2017), but , she was under 18 on the date the Derivative Residence Card was given in September 2012, therefore, she is still eligible for EU Settlement status.
Submitted: 18 days ago.
Category: Immigration Law
Expert:  Virtual-mod replied 17 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  ReadyLaw replied 16 days ago.

Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Expert:  ReadyLaw replied 16 days ago.

Thanks for your patience and enquiry.

I agree with your interpretation of the guidance and I have not seen personally where there ought to be applied any restrictions with respect to her being able to benefit because she turned 18. Your message is however unclear, as you say she is in the UK on the deritative rights basis but then you also say she is in the UK on a student visa. This has to be clear.

If she is currently on the basis of derivative rights, denying her on the basis stated by you really does not appear to be correct. I would however recommend getting some help instead of selp representing. YOu may need the assistance of a solicitor to review your application.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
Thanks very much for your prompt and very hopeful response.
Here is the detail of immigration history of my daughter, Maria.
Sep 2012-- Sep 2017 dependent of primary carer of an EEA national child, after this visa we applied for the same in Sep2017 which was refused in Feb 2018 , the reason being that she was not under 18 at the time. She went back to Pakistan In Feb 2018 , got her student visa from there and came to the UK within 6 months of leaving .Sep 2017--Feb 2018 waiting for decision of visa application made in Sep 2017, got refused in Feb2018July 2018 till now she is on student visa , did her Msc and now doing PhD.
Expert:  ReadyLaw replied 16 days ago.

Oh I see. It is not correct then to say that she would be on the derivative visa as that visa would have been refused. As it stands the visa she is currently on is the student visa. She would not therefore be able to apply for settled status on this basis. She would have had to be in the UK for the 5 year on an EU visa, whether it be the derivative rights visa and/or otherwise and then having been on that permit apply to switch to the settled status.