Derivative right to reside if five-year-old is delayed in going to school but is in nursery due to developmental delay

Hi,

I’m sure I read somewhere that if a five year old is in nursey this counts as education for a derivative right to reside for his mother who is leaving the father and the father is a worker.  Five-year-old has developmental delay so they have held him back one year in nursery school. Child has been present in the UK whilst father worked. Does anyone else recall this? It may have been in the CPAG WR&TC; Handbook but I don’t have mine at hand just now.

Jim

I’ve got mixed up with Reception class and nursery. Also, turns out the child is only four.

Jim