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UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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I am a non eea national living in the UK since July 2010 under

Customer Question

I am a non eea national living in the UK since July 2010 under the CHEN ruling ,as the primary carer (mother) of my two eea national (Irish) children, a daughter born 31.01.94 and a son born 29.06.96.As the UK immigration rules stand now, I would have no right to permanent residence in May 2015, when my visa expires, even though I would have lived with my eea children for 5 years while they have been exercising self-sufficiency european treaty rights.I have currently no right to a residence card and consequently no right to seek employment. I have heard rumours that UKBA plans to amend the EEA regulations so as to include CHEN under the European Directive as opposed to it being under UK immigration rules as it is currently and I wonder if and when this is going to happen and whether parents under CHEN like me, would as a result be treated as family members of eea citizens with all the rights that this entails. If this doesn't happen would UKBA be right in refusing me the right to continue residing in the UK after 5 years under CHEN, because my children would be over 18 years old, which is the age limit under this ruling.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

So far, these are just rumours and I am not aware of any proposed timelines when the rules may be amended to include Chen cases in EEA regulations as opposed to UK Immigration rules.

The Zambrano ruling creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union. The Zambrano ruling ony relates to British children.

You may apply for indefinite leave to remain in the UK after living here for 10 years under the long residence category.

Hope this helps