Kadmos Consultants offer guidance on Derivative Right of Residence for Parents of children in the UK

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London based firm of immigration lawyers Kadmos Consultants introduce their discussion of the new developments in UK immigration law related to the residence rights of parents and carers of UK based minors.

Immigration Lawyers

Immigration Lawyers London

...to qualify under the rules the parent either has to be a single parent with sole responsibility for the child, or be the non-resident parent with a right of access to the child and not be the partner of the other parent.

In immigration decisions affecting children, primary consideration has to be given to the best interest of the child (1). And it is widely accepted that it is in the best interests of the child to be brought up by both parents. Do the parents of a British child have a right of residence in the UK derived from their relationship with the child if there is no other basis for their right to reside?

In a recently published blog “Z ambrano Children – Between the Rules and the Regulations” Kadmos Consultants discuss controversial interpretation of this issue under the Immigration Rules and the EEA Regulations as amended in July 2012.

The Immigration Rules provide for the residence rights of single parents with sole responsibility for the child. There are also provisions for the non-resident parent who has the right of access to the child if the child is living with the other parent who is settled in the UK and is not the partner of the non-resident parent.

Controversially, residence rights based on parental relationship are not extended to those parents who are in a subsisting relationship with the other parent of the child. The author comments on the limited functionality of the “Exception EX.1” under Appendix FM of the Immigration Rules which caters for the parents with a genuine and subsisting parental relationship with a child in the UK and yet exclude from its scope those who also have a UK based partner.

The article offers tips on the best strategies in the preparation of the applications for an EEA residence cards or leave to remain outside the Immigration Rules and discusses relevant case law which has not been incorporated into the statutory provisions on family immigration but remains good law for decision-makers and judges.

Kadmos Consultants is a London based firm of immigration lawyers with particular interest in the rights of migrants derived from the Human Rights Act and EU free movement rights. The firm assists with applications for EEA residence cards, leave to remain, permanent residence and British nationality and represents appellants challenging adverse decision of the UKBA.

(1) s. 55 of the Borders, Citizenship and Immigration Act 2009 http://www.legislation.gov.uk/ukpga/2009/11/pdfs/ukpga_20090011_en.pdf

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Helena Sheizon
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