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Me an my partner look after a British citizen minor

Hello, me an my...

Hello, me an my partner look after a British citizen minor (adopted). We are both from outside EEA currently in UK under a Tier2 ICT visa which does not lead to settlement. I understand we could apply for derivative residence card under Zambrano, but that would not lead to settlement either. Is it possible to apply to ILR or LOTR under discretionary leave?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No pending applications. Current status is Tier2 ICT granted under the new rules

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Answered in 8 hours by:
3/8/2018
frantzgregory
Category: UK Law
Satisfied Customers: 831
Experience: Principal at Gregory & Co Lawyers
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Thank you for posting your questions on JustAnswer. I am reviewing it and will reply as soon as possible.

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To be eligible to apply for derivative residence you can be a primary carer's child. This means that you're the main carer or share the responsibility with someone else, in this case a legal guardian.

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Customer reply replied 1 month ago
Thank you. I know I could get derivative residence but that is not the question. The question is whether I could apply to DLR / LOTT or ILRbased on discretionary leave rather than derivative residence because derivative residence does not lead to settlement while the other do

Hi, you can apply for Discretionary Leave to Remain through Article 8 of the European Convention of Human Rights (ECHR).

This is because your removal from the UK could possibly breach the UK's obligation under Article 8 (ECHR). It could interfere with your private life/family life, this could be unreasonable and a disproportionate interference.

In this case you look after a British citizen minor (adopted).

If you have any follow up questions, I'm here to help and happy to respond. If you feel I have given you a 5 star service, please rate me 5 stars at the top of the page.

frantzgregory
Category: UK Law
Satisfied Customers: 831
Experience: Principal at Gregory & Co Lawyers
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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