Family as a parent

[saharSHEHADA]

Hi ,,
I am the father of two British kids (10 years and & 7 years ) , their mom ( British Citizen ) passed away 5 years ago. The kids are raised by me and living with me , I got married again and I have a 4 months old daughter. we are currently living in Jordan. my question is the following , we are thinking of moving to UK so the kids can resume their education there , are we eligible for the family settlement visa ? and based on what we can decide which route to take 5 years or 10 years ? what are the steps we should do in order to move there ?!

Thanks a lot

[CR001]

What is your nationality and previous UK immigration history?

A settlement visa applied for outside the UK is only for 5 years. Not sure why you think there is a 10 year option for applications made abroad.

[saharSHEHADA]

I am Jordanian . Living currently in Jordan

[CR001]

What is your nationality and previous UK immigration history?

[saharSHEHADA]

Not sure what you mean , but I have never been to UK before never applied to UK Visa (of any kind) and got refused and I have never get any refusals for any other countries Visas

[Obie]

Not sure you can apply under the immigration rules.

You will need to apply under the regulations.

[saharSHEHADA]

I am sorry but I didn't get you .. what do u mean under regulations ?!

[Obie]

You will need to apply to the British High Embassy in Amman for EEA family permit under the principle in Zambrano under regulation 15A.

[secret.simon]

Obie,
While the OP himself may have a claim under Zambrano, would his new family be able to accompany him? His 4 month old daughter may have a claim, but given that Regulation 15A(5) only applies to children of parents who qualify under 2 or 4 and the OP qualifies under 4A, I am not sure. And I am not sure that the new wife would have any claim at all.

Also, Regulation 15A(4A)(b) states that "(b) the relevant British citizen is residing in the United Kingdom; and". In this case, at the moment, the British children are not residing in the UK. Would that cause any issues?

[Casa]

Obie,
While the OP himself may have a claim under Zambrano, would his new family be able to accompany him? His 4 month old daughter may have a claim, but given that Regulation 15A(5) only applies to children of parents who qualify under 2 or 4 and the OP qualifies under 4A, I am not sure. And I am not sure that the new wife would have any claim at all.

Also, Regulation 15A(4A)(b) states that "(b) the relevant British citizen is residing in the United Kingdom; and". In this case, at the moment, the British children are not residing in the UK. Would that cause any issues?

I share your doubts.

[noajthan]

Similar question involving new family members:
http://www.immigrationboards.com/immigr ... r#p1346078

[Obie]

Similar question involving new family members:
http://www.immigrationboards.com/immigr ... r#p1346078

Thanks for pointing out my views on what Secretsimon was trying to point out.

[Obie]

There is no reason in principle why Zambrano principles (Zambrano v Office National de l'Emploi (ONEm) [2011] All ER (EC) 4) cannot have application in entry clearance cases: in both in-country and out-of-country cases the Member State must ensure that any “refusal does not lead, for the Union citizen concerned, to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of his status as a citizen of the Union”: Dereci & Others (European citizenship) [2011] EUECJ C-256/11, 15 November 2011, para 74.

That is the key principle, which any ECO should focus upon.

Under the rules a step parent qualify as parent, provided the biological parent has died.

[saharSHEHADA]

i went through Regulation 15A but its requiring the kids are staying in UK ?!

so are we still eligible or not ?!
Its little confusing for me so please bear with me

Thanks a lot