Parents of a child of age who wants to complete their education can be granted derived right of residence

Alarape & Anor v Secretary of State for the Home Department [2013] EUECJ C-529/11 (08 May 2013)

The long-term migrant parents of a child who has attained the age of majority and who has obtained access to education - on the basis of Article 12 of Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community - may continue to have aderived right of residence if their child remains in need of the presence and care of their parents to complete their education.

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Permanent residence application can’t be dismissed if migrant’s have children in education

Ahmed (Amos; Zambrano; reg 15A(3) (c) 2006 EEA Regs) Pakistan (Rev 1) [2013] UKUT 89 (IAC)

The Applicant, a Pakistan national, has been in the UK for 8 years, lawfully up until her application for permanent residence.  She has been self-employed for four years.  Her children are Union citizens in education; therefore  she should be entitled to a derived EU rightof residence as long as her children remain in the UK and/or in education, according to Article 12 Regulation 1612/68.  

Decision

The fact, therefore, that she does not qualify for a permanent residence card under the Directive or under the 2006 Regulations is not a proper reason to dismiss her appeal.