Updates on Zambrano applications

[appealalready]

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

1.) parents of british children are eligible for a derivative residence card (along with other requirements).

2.) children born in the UK are automatically british citizens (based on certain conditions).

[Odu]

please what conditions

[Kashdekash]

I finally got my papers last month although my lawyers said I should have gotten a 3 year with no restrictions I got a 2.5 visa with no recourse to public funds I wasn't really bothered as I was just happy to have my stay after waiting so long but my lawyer says the route to British passport is shorter with the 3 year route 3+2+2 (7 years) unlike 2.5 years (10 years) which will obviously cost you less as you do less renewal because I need to pay £2,000 every time I renew with my lawyers so I spend more (8,000) plus the application fee he feels I wasn't suppose to be given residence with no access to public funds with a brutish child but because my hubby is working I really think it's irrelevant fight fir access to funds I won't be claiming

I am just so happy to have my stay as I was looking to going home for my traditional wedding with my husband, just to encourage others waiting
My history is I came on student visa in 2009 it expired in 2010 I got married to a British husband in 2011 and I applied in June 2012 for dlr it got refused by 2013 we did a judicial review letter the home office met us halfway asking not to go to court and giving them3 months to make a new decision in September 2014 I was granted a 2.5 resident permit on a biometric card

The only thing I am looking to do is change the name in the biometric card to my married name that's all pls let me know if anyone thinks otherwise it's worth fighting for a different visa
regards

[appealalready]

please what conditions

Hi,

The student visa is separate from the derivative residence card.

Here is a link to the eligibility criteria for a derivative residence card (EU). You can also consider Leave to Remain under the UK rules. Or, you can apply for both (one after the other).

https://www.gov.uk/derivative-right-res ... ligibility

Be aware the application process for a Zambrano Derivative Residence Card is not always easy - http://asirt.org.uk/wordpress/?cat=1

[appealalready]

... I applied in June 2012 for dlr it got refused by 2013 ....in September 2014 I was granted a 2.5 resident permit on a biometric card

The question may be, given the long processing times, would you end up saving time by switching? Would your solicitors be willing to fight the home office if there is unnecessary delay?

You applied in June 2012 and received the card in September 2014. That is 2 years and 3 months already spent waiting for the card.

[rene31]

hello,

I made a zambrano application in 2012, got refused, appealed and won the case a year ago.

Now I have been following this forum for sometime now and i am considering switching to the family route ( parent of a britsih citizen) as obviously, there is no future with zambrano residence card as it stands.

can someone please advise me on the documents to send with this application please. Any help will be much appreciated.

[Bob44]

I think Parent of a British citizen minor route works if u are single. If u are single then u need to satisfy the requirements they need like have adequate accommodation, earn a certain amount of money or demonstrate that u are able to look after ur self with help from gvt.

[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

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

Hello appealaready,can get child benefit ,working tax or child tax credit?
Thanks for your reply

[debab]

Hello guys,I want to know if I can apply for child benefits as I got DRC on Zambrano kids are British
Thanks guys

[greatreasons]

Hello All,

I'm awaiting an appeal for my application for Derivative rights. I've been granted permission to work with my COA and I have been doing so.

I applied for Child Benefit and I was honest in my application however they refused me as they do not consider me having the rights to be here etc. I thought Child benefit was the right of my British child. Am I under the wrong assumption.

To sum it up, I need all the financial help I can get to be honest. Did HMRC have good reasons to deny my application?

Are there any relevant laws I could point them to?

Thanks

[greatreasons]

Great news,

The appeal for my Derivative rights application has been allowed

That is besides the fact my daughter grandparent and father are British. The father does travel out of the country often though.

The home office seem to cite Harrison (Jamaica) v Secretary of State as their go to for refusal in the courts and I understand the most likely reason that a Zambrano appeal is likely to be refused. In summary the main focus seems to be that as Zambrano Carers are not forced to leave the UK at the time of their application and the British/EU citizen is not obliged to leave the UK. Also, it needs to be shown the quality of life of the EU citizen will be diminished if they continue to reside in the UK

May I suggest that you focus on demonstrating how your British/EU citizen child/dependant adult life would be greatly diminished if left in the UK without you, also the British/EU citizen you would have to leave the child / dependant adult with, you need to show how their quality of life would be greatly diminished if your child was left with them.

And the best interest of a child must be considered in all applications to the Home office and in the tribunal courts, regardless of the HO refusal letter refusing to consider this.

Disclaimer: This is all in my opinion, based on the researched that I've done.

Now, I await the Home Office to either appeal or issue my documents. I notice some people wait many months, some wait over 5 months after wining their appeal before the UKVI issue their documents. This is so unfair.

[lexxy]

can my spouse join me in England I hold derivative card

[Melisly]

Hi All, I have just received my Derivative card after 4 months or so. However the remarks are a bit confusing.
on the front it says work allowed and the back says EU rights to reside.
Nothing has been mentioned about public funds. I am a professional single mum and childcare is a huge burden. I was entitled under my previous leave so I was wondering if I should continue.
My lawyer said there are no restrictions but I really need to double check this.
Please let me no. I really appreciate any help / thoughts on this.

[Odu]

Hi everyone pls just want to know if home office give certified copy of passport....i want to get married to my partner but my passport is at the home office...i was asked to get a certified copy from home officeby the registry..dont know if anyone has been in this kind of situation