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Guidance on derived right to reside under Immigration (EEA) Regs 2016

Stuart
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Updated Home Office guidance sets out how it assesses derivative rights of residence before issuing a derivative residence document in Zambrano, Chen, Ibrahim and Teixeira cases, as well as for a dependent child aged under 18 of a primary carer.

https://www.gov.uk/government/publications/derivative-rights-of-residence

Stuart
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New Court of Justice of the European Union preliminary reference in Chavez-Vilchez and Others C-133/15 holds that Zambrano carers can establish residence rights even where the other parent is a Union citizen willing and able to assume the primary day-to-day care of the child (so the child may not be compelled to leave if the third-country national parent leaves the EU). The Court sets out that an assessment of the dependency relationship between child and third-country parent -

‘…must take into account, the best interests of the child concerned, all the specific circumstances, including the age of the child, the child’s physical and emotional development, the extent of his emotional ties both to the Union citizen parent and to the third-country national parent, and the risks which separation from the latter might entail for the child’s equilibrium.’

http://curia.europa.eu/juris/document/document.jsf?text=&docid=190502&pageIndex=0&doclang=EN&mode=req&dir;=&occ=first&part=1&cid=471243

Not immediately relevant for benefits purposes but worth bearing in mind pending the outcome of HC v SSWP and others before the Supreme Court and listed for 21 and 22 June 2017.
https://twitter.com/Mr_Matt_Evans/status/847844421353828352?s=09

[ Edited: 10 May 2017 at 02:03 pm by Stuart ]
Stuart
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rightsnet editor

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Total Posts: 890

Joined: 21 March 2016

Updated guidance explains how the Home Office considers an application for a document to confirm a derivative right of residence under the 2016 Regulations.