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Buachaill
Buachaill, Barrister
Category: UK Immigration Law
Satisfied Customers: 8631
Experience:  Barrister 17 years experience
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hello

Customer Question

i just want to keep this very short, nice and simple.
I am 24 years of age, i came into the uk when just about wen i turned 18, i came in with a visiting visa which expired a long time ago (i think 2005), since 2007 i have been living with my patner and at the moment we have two kids, one aged-2+, and the other aged-1+, and we got married in 2008, but unfortuantely for us our two kids r sickle cell anaemia patients, and to be honest its been very difficult for the both myself and my wife, because at the ,moment she works full time and i have to take care of the kids when she is away and its not really easy for either of us because we have to face crisis wen it comes and most of the times the kids have to be admitted in the hospital and its very depressing for us cos my wife is the sole provider of our household as she is the only one that works and i cant because i dont have what is required to get a job. What i wanted to know is at the moment what are the  odds or the chances of me applying to the home office and gewtting a possitive reply, or do i wait longer, i just want a genuine and straght farward answer as this is getting unbearable for us and we just want a way farward.

 as this has gone out of hands, looking farward to a speedy reply.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Buachaill replied 3 years ago.

1. Provided your two kids were born in the UK and are UK citizens, then you can apply to the UK Border AGency for a visa to remain in the UK and a work permit. This follows from teh recent Zambrano decision of the European court of Justice, which held that the parent of any EU citizen, such as a UK citizen, has the automatic right to live and work in the EU to support his child. the parent also has the right to be considered for citizenship once they have fulfilled the period of residency provided for in domestic (UK) law. Accordingly, if your two children are UK citizens, you now have an automatic right to live and work in the UK and if you frame your application in these terms, you will geta postive reply from the Border Agency. You will also need to submit your child/children's Birth Certificate which shows they are a UK citizen or a copy of their passport to that effect.

 

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Customer: replied 3 years ago.
another thing i wanted tpo know is wat form would you advice me to fill out
Expert:  Buachaill replied 3 years ago.
2. I am unsure what form you will have to fill in as the Border Agency website has not been updated yet to reflect the Zambrano decision which is only 8 weeks old. However, on their website, there is a press release dated 1st June, 2011, which refers to it at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/june/02-european-court-judgments I would therefore advise you to fill in whatever form is most appropriate and tailor it to reflect the circumstances of your application ie that you are the father of a UK/EU citizen and wish to obtain the right to remain and work in the UK as a result.

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