one of the major difficulties with this approach is that the requirement of self-sufficiency has to be met before permission to work is granted and this often creates an insurmountable obstacle for the families
(PRWEB UK) 7 November 2013
In their blog post Residence rights of the parents of an EEA national child Kadmos Consultants comment on the recent judgment of the Court of Justice of the European Union in the case of Alokpa, C-86/12 (1), and discuss the concept of derivative right of residence.
Under EU law, now transposed into EEA Regulations 2006 as amended in November 2012, derivative right of residence is enjoyed by parents and minor siblings of EEA national children who do not qualify under other provisions of the EEA Regulations. The Regulations require the families to be self-sufficient before they can qualify under this route. This principle was tested and confirmed in the Court of Justice of the European Union. The Court ruled that the right of residence was not automatic unless refusal of residence permit for the parent would amount to constructive expulsion of the child from the European Union.
According to Helena Sheizon, one of the major difficulties with this approach is that the requirement of self-sufficiency has to be met before permission to work is granted and this often creates an insurmountable obstacle for the families who need income from employment in order to avoid reliance on public assistance.
The other problem with the derivative right of residence is that it does not lead to permanent residence and seizes to exist why the EEA national child reaches the age of 18.
Immigration solicitors point out that, on some occasions, domestic legislation bridges the gaps in EU law. Those who had established lawful residence in the UK but later found themselves in legal vacuum are likely to rely on the right to respect for private and family life and the duty on the authorities to give primary consideration to the best interests of the children in the UK. Domestic law also provides for the right to apply for indefinite leave to remain after ten years of lawful residence and the right of children born in the UK to acquire British nationality after ten years of residence, whether lawful or otherwise.
About Kadmos Consultants
Kadmos Consultants is a London based firm of immigration lawyers. The firm specialises in all aspects of UK immigration law, including family immigration, rights of EEA family members, employment of migrant workers, settlement and British nationality. The firm regularly represents migrants in immigration appeals and has impressive success rate in challenging unlawful decisions of the immigration authorities.