Updates on Zambrano applications

[netqueen]

Dear Topsibelle,

We are all praying with you for success in this social care bursary saga.
I am sure they will give in and give you what you want. Looks like being DRC holders we always have to put up a fight before we are given most of the benefits we are allowed.

Good luck and all the best.

netqueen

[Topsibelle]

Dear Topsibelle,

We are all praying with you for success in this social care bursary saga.
I am sure they will give in and give you what you want. Looks like being DRC holders we always have to put up a fight before we are given most of the benefits we are allowed.

Good luck and all the best.

netqueen

It's so hard and distressing honestly. We just need a precedent and it will get better. Thank you @netqueen

[ruona]

hurray,
i got my residence card today.thnks for all your support and i wish all those waiting the very best of luck.i can now breath fresh hair.here is my timeline.
applied jan 2012
refuse with appeal april 2013
hearing nov 2013
won appeal dec 2013
ho appeal against my win jan 2014
ho appeal was dismiss april 2014
rc received sep 2014 this was after my mp wrote to the home office
what a journey but all the same i give praises to God almighty for making it possible.

[Topsibelle]

hurray,
i got my residence card today.thnks for all your support and i wish all those waiting the very best of luck.i can now breath fresh hair.here is my timeline.
applied jan 2012
refuse with appeal april 2013
hearing nov 2013
won appeal dec 2013
ho appeal against my win jan 2014
ho appeal was dismiss april 2014
rc received sep 2014 this was after my mp wrote to the home office
what a journey but all the same i give praises to God almighty for making it possible.

Congratulations.....enjoy your freedom

[ada4msd]

@ Ruona; wonderful news indeed. Congrats. Thank God Almighty for His faithfulness.
@ Topsibelle, just checking on you and to know how far you have pushed through.

Wonderful people; thanks to everyone for all your support. I have received my DRC at last.
Applied in March 2013
Refused in October 2013
Appealed the Decision.
Appeal heared in June 2014
Allowed in June with Fund refund.
Residence Card Received in September.
Its not been easy at all.
Glory be to God.

[netqueen]

@ Ruona; wonderful news indeed. Congrats. Thank God Almighty for His faithfulness.
@ Topsibelle, just checking on you and to know how far you have pushed through.

Wonderful people; thanks to everyone for all your support. I have received my DRC at last.
Applied in March 2013
Refused in October 2013
Appealed the Decision.
Appeal heared in June 2014
Allowed in June with Fund refund.
Residence Card Received in September.
Its not been easy at all.
Glory be to God.

Congratulations Ada4msd. It was not easy but you persevered and have won. Enjoy !!!!!!

[ada4msd]

Hi @ Netqueen. Thanks a lot. I am smiling today but this could not have been without the support and contributions of this great forum. That perseverance was clouded with fear and hopelessness and indecision. At a time I was torn between Flro and Zambrano but with the support of this forum, today I am free. At a time, I thought my Destiny was not in this country but I give God all the Praise because He makes all things beautiful in His time. For everyone still hoping, do not loose hope. One day...the great news will come.

[ada4msd]

Hello @ Topsibelle, have u got any response yet from those people. Thanks for your reply.
Happy Weekend to all and lets keep the fire on.

[appealalready]

Hi,

You are very entitled to housing benefits. I have DRC which I got in a May and I get part housing benefits as I am self employed. You need to be more assertive with them and when you do get it ask for back payment from when you first applied and they refused you.

Read this link and use it in your letter to your council....www.gardencourtchambers.co.uk "Adrian Berry wins Court of Appeal case confirming the direct applicability of EU Zambrano rights"

Hope this helps and all the best.

I am so glad that so many of you appealed the UKVI refusal, and then continued to fight them when they appealed their loss

Many, many congrats

Adrian Berry's win was changed. Only people who applied for a housing benefit application prior to November 2012 will automatically qualify.

Nonetheless, it may still be worth putting in an application for housing benefit because they just might say yes!

[appealalready]

Hi @ Netqueen. Thanks a lot. I am smiling today but this could not have been without the support and contributions of this great forum. That perseverance was clouded with fear and hopelessness and indecision. At a time I was torn between Flro and Zambrano but with the support of this forum, today I am free. At a time, I thought my Destiny was not in this country but I give God all the Praise because He makes all things beautiful in His time. For everyone still hoping, do not loose hope. One day...the great news will come.

Now that you have the DRC, I would recommend applying for the leave to remain. At the moment, the DRC does not lead to settlement. If the UK leaves the EU, UKVI/Parliament will probably force us to convert our EU derivative residence cards to British residence.

It may be better to apply for leave to remain now, and get it over with. Also, if you apply for Family Leave to Remain with a fee waiver and are accepted, you will get recourse to public funds.

I received my derivative residence card in February 2014 and my passport in July 2014.
1.) They never paid me the £80.
2.) I also lost wages.
3.) The Parliamentary Ombudsman also told the UKVI to pay me.

So I filed a claim with the CMCC. They called me today about my application. They are starting to process it.
https://www.gov.uk/make-court-claim-for-money/overview

[ruona]

hi guys ,i need your help pls.i got my deriavative residence card in september this year.the issue is that i applied for child tax credit and benefit.i have been awarded the child tax credit but just got a letter today that i am not entitle to child benefit.here is what is written in the letter.

you are not entitle to child benefit for dd because you cannot be treated as being in great britain or nothern ireland.This is because your only right to reside in united kingdom exist solely because you are the primary carer of a british national child or Qualifying young person age under 18 who is resident in the united kingdom,and who would be unable to reside in the united kingdom or any other EEA member state where you required to leave the united kingdom.
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992,SECTION 146[2],CHILD BENEFIT[GENERAL]REGULATION 2006,REGULATION 23
if you want more information about our decision,please phone or write to us.
IF you still think our decision is wrong,you or someone who has the authority to act for you can appeal to an independent tribunal.If you want to appeal,you must do so within one month of the date of this letter.you must appeal in writing and send it to her majesty,s courts and tribunals service [HMCTS].

I am so confuse ,i dont even know what to use to back this appeal that is why i came here for help .pls help me. i cant afford lawyer now.your advise will be much appreciated.
thanks in advance

[ashleychans]

hi everyone. i'm just here to say i have finally received my leave to remain,after 3 years of long thing (spent 2 years on zambrano application) it was on this forum i was advised to apply under article 10. thank you everyone,chin up something good will happen soon.ta!x

[appealalready]

hi guys ,i need your help pls.i got my deriavative residence card in september this year.the issue is that i applied for child tax credit and benefit.i have been awarded the child tax credit but just got a letter today that i am not entitle to child benefit.here is what is written in the letter..... thanks in advance

Hi Ruona,

Are you going to apply for Leave to Remain? Even if they give you Leave to Remain with no recourse to public funds, you (apparently) can claim child benefit.

http://www.freemovement.org.uk/provisio ... -children/

"What is less well known is that the Immigration and Asylum Act 1999 (IAA 1999) contains a power to exempt persons of specified categories or descriptions from the general exclusion (s 115(3)–(4)). This is acknowledged in paragraph 6B of the Immigration Rules, which reads:

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002

Regulation 2(2) provides that a person will not be excluded from entitlement to certain non-means-tested benefits (including child benefit) by section 15 of the IAA 1999 Act if s/he falls within one of the categories or descriptions of persons specified in Part II of the Schedule. Paragraphs1 and 2 read:

1. A member of a family of a national of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 as modified or supplemented from time to time.

2. A person who is lawfully working in Great Britain and is a national of a State with which the Community has concluded an agreement under Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families.

The exemption in regulation 2(2) therefore covers a claimant who is subject to immigration control but who claims an entitlement to child benefit on the basis that they are a member of a family of an EEA national. This includes a British child, as the United Kingdom is a State contracting party to the EEA agreement as, unlike the Immigration (EEA) Regulations 2006 (SI 2006/1003), the 2000 Regulations do not exclude the United Kingdom from its definition of an “EEA State”.

[sitel24]

Am a successfull Zambrano applicant with 5yrs but want to ask what can i do after the 5 yrs because my visa will never entitle me to ILR What options do i have as am in a limbo what to study nursing cant qualify for a bursury?

[appealalready]

Am a successfull Zambrano applicant with 5yrs but want to ask what can i do after the 5 yrs because my visa will never entitle me to ILR What options do i have as am in a limbo what to study nursing cant qualify for a bursury?

Hi sitel24,

How old is your child? My understanding is that you can renew your Zambrano residence after the 5 years under current rules, if the child is still dependent upon you - for example, if they are still in secondary school.

The question is, do you really want to wait five years to take action? Why not get on the route to ILR now? You do not have to wait. You can apply for Family Leave to Remain (FP).

As of November 2014:
https://www.gov.uk/government/uploads/s ... pdf#page52

"First, the decision maker must consider whether the applicant meets the requirements of the Rules, and if they do, leave under the rules should be granted.

If the applicant does not meet the requirements of the Rules, the decision maker must move on to consider whether, considering all the factors raised by the application, there are exceptional circumstances which mean refusal of the application would result in unjustifiably harsh consequences for the applicant or their family such that refusal would not be proportionate under Article 8."

3.5. Overview of the 10-year parent route

The 10–year parent route provides a basis on which leave to remain can be granted to a parent who has responsibility for or access to their child following the breakdown of their relationship with the child’s other parent.

This route is for single parents who:
 have sole parental responsibility for their child; or
 are the parent with whom the child normally lives, rather than the child’s other parent (who is British or settled); or
 do not live with the child (who instead lives with a British or settled parent or carer), but they have access rights to the child.
The parent route is not for couples with a child together who are in a genuine and subsisting relationship. An applicant can only apply for the parent route if they are not eligible to apply for the partner route.

A 10-year parent route is available to those who are in the UK and who meet all suitability requirements and their child:
 is under the age of 18 years at the date of application; and
 is living in the UK; and
 is a British Citizen; or
 has lived in the UK continuously for at least the 7 years immediately preceding the date of application.

In order to qualify for a grant of leave under the 10-year parent route, an applicant must meet all of the requirements at every stage which are:
a) the applicant and the child must be in the UK;
b) the applicant must have made a valid application for limited or indefinite leave to remain as a parent (subject to the exceptions set out in GEN.1.9. of Appendix FM. and as outlined in Section 12.1 of this guidance); and
d)
(i) the applicant must not fall for refusal under Section S-LTR; Suitability leave to remain; and
(ii) the applicant meets the relationship requirements of paragraphs E-LTRPT.2.2-2.4. and the immigration status requirements in E-LTRPT. 3.1.(a) and (b); and
(iii) paragraph EX.1.(a) applies.

[appealalready]

Section S-LTR: Suitability-leave to remain
https://www.gov.uk/government/uploads/s ... _final.pdf

S-LTR.1.1. The applicant will be refused limited leave to remain on grounds of suitability if any of paragraphs S-LTR.1.2. to 1.7. apply.

S-LTR.1.2. The applicant is currently the subject of a deportation order.

S-LTR.1.3. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.

S-LTR.1.4. The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months.

S-LTR.1.5. The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.

S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.

S-LTR.1.7. The applicant has failed without reasonable excuse to comply with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or 11
(d) undergo a medical examination or provide a medical report.

S-LTR.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs

S-LTR.2.2. to 2.4. apply.

S-LTR.2.2. Whether or not to the applicant's knowledge –
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or (b) there has been a failure to disclose material facts in relation to the application.

S-LTR.2.3. One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.

S-LTR.2.4. A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.

S-LTR.3.1. When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.

[sitel24]

Thank you so much for your reply my oldest is 7 YRS old so i think i have to wait and reconsider till he is 10 yrs

[sitel24]

Thank you so much for your reply my oldest is 7 YRS old so i think i have to wait and reconsider till he is 10 yrs

[debab]

Hello everyone,got my DRC in April 2014 , but since sep this year hv been living with friends and family, two councils refused me housing(K&C and Hammersmith&fullham)also social serivecs,
My ex applied for my kids CB and CT which I get in my acc,working hard to pay for a room (400)in Hammersmith and Fulham,the guy does not gv receipt,I have a 5year old and 15 minshs old baby both British
Please I need advice on what to do
Thanks
Debab

[appealalready]

Hello everyone,got my DRC in April 2014 , but since sep this year hv been living with friends and family, two councils refused me housing(K&C and Hammersmith&fullham)also social serivecs,
My ex applied for my kids CB and CT which I get in my acc,working hard to pay for a room (400)in Hammersmith and Fulham,the guy does not gv receipt,I have a 5year old and 15 minshs old baby both British
Please I need advice on what to do
Thanks
Debab

Hi Debab,

Zambrano carers are not technically allowed to access housing benefit. Many Zambrano carers who do receive support do so under section 17 of The Children's Act. Social Services would not give you much more than a room anyway.

1.) FLR(O)
You could apply for family leave to remain (FLRO) under the ECHR rules with a fee waiver and then potentially get recourse to public funds. https://www.gov.uk/government/uploads/s ... waiver.pdf.

10.0 Recourse to public funds (page 11)
If an applicant qualifies for a fee waiver, their substantive FLR(O) application will then be considered by the relevant caseworking unit without the requirement to pay an application fee.

If the applicant has qualified for a fee waiver and they then go on to qualify for a grant of leave to remain under the 10-year partner, parent or private life route, they should be granted leave with recourse to public funds (condition code 1A).

Since you live on relatively little, you seem likely to qualify for a fee waiver.

2.) Legal Representation (For parents and carers on little or no income)

Community Care Solicitors
Have you spoken to a community care solicitor about your chances for success? If they agree to take your case, you have a decent shot at getting support. Run by the Law Society, Find a Solicitor is a free service for anyone looking for information about organisations or people providing legal services in England and Wales that are regulated by the Solicitors Regulation Authority (SRA). http://solicitors.lawsociety.org.uk/

Immigration Solicitors
Legal aid for immigration cases (except asylum, et al) ended. You can still, however, apply for (exceptional) legal aid funding to access an immigration solicitor. https://www.gov.uk/legal-aid-apply-for- ... se-funding You can also just email them your request with the following:

As a minimum, send the following to us in writing:

1.) Background to your case, including all the main facts.
2.) What you need legal advice on or what court proceedings you need representation in. Explain why you cannot represent yourself.
3.) What outcome you wish to achieve.
4.) Information that will support your application e.g. court applications and orders, expert and medical reports, copies of any decisions you wish to challenge.
5.) Information on your financial situation

Email: ecf@legalaid.gsi.gov.uk
DX: 161440 Westminster 8
Telephone: 0203 334 6060

3.) Wales
My understanding is that Wales does not discriminate against Zambrano carers, and that they are entitled to access housing benefit. You should double check this opinion.

"Most people never run far enough on their first wind to find out they've got a second. Give your dreams all you've got and you'll be amazed at the energy that comes out of you." -William James

[appealalready]

Here is an interesting article some of you may relate to on being in limbo:

http://annmcgauran.org.uk/2014/12/04/de ... greenwich/

She added: ‘With the policies that are being pursued, these people are at more of a disadvantage, and communities are being fractured because of the whole debate about immigrant’s rights and benefits. These are people with no recourse to public funds, and we’re spending about £4 million on them. This new burden is not being recognised (by central Government).

If they turn up and it’s a couple without children, we would declare there is no duty to help them and refer them to a homeless charity. If they have children who are dependents we have a duty of care to those children and we’ll give them temporary accommodation in a property that’s due for demolition. But those people need a school and those people need food.

They let people through the border and keep them waiting to hear of their status. In the meantime they can’t work and are left in destitution. We are having to deal with the human tragedy.’ - COUNCIL LEADER DENISE HYLAND, Royal Borough of Greenwich, The borough which won the council of the year award last year.

[appealalready]

Here is another interesting article on exceptional funding:

http://www.publiclawproject.org.uk/data ... g_blog.pdf

below is an excerpt:

In a meeting at the Legal Aid Agency (LAA) on 1 July 2013, the Exceptional Funding Team produced up-to-date statistics about the operation of the exceptional funding regime. Those statistics demonstrate beyond doubt that the system is not fit for purpose. The figures must be read in the context of the Ministry of Justice’s estimate that there would be 5000-7000 applications for exceptional funding in the first year of LASPO. This estimate was based on the kinds of cases that were being taken out of scope for legal aid and an approximation of the number of litigants who had characteristics (such as profound learning disabilities) which meant they were unable to represent themselves.

[Odu]

Hi am new in this forum....need your advice....dont know if am eligible for derivated uk card....am currenttly on a tier4 visa nd my pregnant ...my visa runs out in june but am due to give birth in may.....my fiancee is in the uk....just turned in his application for indefinate leave to remain....he has been here for 5yrs and his siblings and parents are ere as well...he is applying on the grounds that everyone is in the uk and doesnt have any tie in nigeria.....but the problem is he applied for ILR when is visa had expired he was on a youth mobility visa....but we are still yet to here from the home office....i dont know if i can get a derivative card based on the fact that the father of the child is here and am the carer of the child...and also write that he has applied for his indefinate leave to remain.....or what do you al suggest i do...cause i really want to stay back and considering the child thats on the way..

[appealalready]

Hi am new in this forum....need your advice....dont know if am eligible for derivated uk card....am currenttly on a tier4 visa nd my pregnant ...my visa runs out in june but am due to give birth in may.....my fiancee is in the uk....just turned in his application for indefinate leave to remain....he has been here for 5yrs and his siblings and parents are ere as well...he is applying on the grounds that everyone is in the uk and doesnt have any tie in nigeria.....but the problem is he applied for ILR when is visa had expired he was on a youth mobility visa....but we are still yet to here from the home office....i dont know if i can get a derivative card based on the fact that the father of the child is here and am the carer of the child...and also write that he has applied for his indefinate leave to remain.....or what do you al suggest i do...cause i really want to stay back and considering the child thats on the way..

Hi Odu,

FOR THE CHILD

https://www.gov.uk/register-british-cit ... after-1983
Born in UK after 1983
You’re automatically a British citizen if you were born in the UK after 1 January 1983 and 1 of your parents was a British citizen or settled here at that time. You don’t need to register.

https://www.gov.uk/register-british-cit ... after-1983
Your parent has become a British citizen or settled since your birth
You can register to become a British citizen if you fulfil all of the criteria:
-you were born in the UK on or after 1 January 1983
-you’re under 18 when you apply
-one of your parents has become a British citizen or settled in the UK since you were born
-Apply using Form MN1 https://www.gov.uk/government/uploads/s ... e_2014.pdf


FOR THE NON EU PARENT

https://www.gov.uk/government/publicati ... -form-drf1
You may be able to apply for a derivative residence card if you’re the primary carer of someone who has the right to live in the UK or the primary carer’s child.

[Odu]

So am i eligible for a derivative card since i wil stil be in a student visa when i give birth