Parents of Children with Retained Rights of Residence in the UK: In my previous blog posts and videos I’ve given you an overview of all four major categories of people who can claim that they have retained their rights of residence. I’ve explained and have given examples for the 1st and 2nd categories.
Today’s blog post and video are about Category 3: parents of children with retained rights of residence.
Categories 2 and 3 are very closely connected. Category No2 is about children with Retained Rights of Residence and Category No3 is for their parents.
The quickest way to understand this particular category is with help of the following example:
Pedro is a national of Portugal. Anna is Pedro’s wife. Melissa is Anna’s daughter from previous marriage. Anna and Melissa are both nationals of Kazakhstan. They all resided in the UK. Pedro and Anna were working. Melissa was studying at primary school. Then Pedro decided to go back to Portugal. However Anna did not want to leave the UK until Melissa finishes her education in the UK.
Melissa belongs to Category No2 (explained in my previous post) and has a retained rights of residence in her own rights. This is because she is the child of a spouse of an EEA nationals who has left the UK and she was in education at the time when Pedro left and will continue her education in the foreseeable future.
What about our Anna? Anna will also have a retained rights of residence because she belongs to category 3.
The Requirements
The requirements she needs to satisfy are pretty straightforward:
- She is the parent of a child with retained rights of residence (Category 2)
- The child is still in education;
- The child is Under the age of 21.
Anna should be aware that she will lose her rights of residence in the UK as soon one of the above conditions is no longer satisfied.