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.

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.  


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.