Family permit under Zambrano

[pads]

Hi I wonder if anyone can help me.

I have been advised by a lawyer that zambrano does apply to my Daughter in law who is an American Citizen living in America with my Grand daughter who is a British Citizen. Reason being that my son has not been able to take any part in his daughters life for the last two years because of being unemployed and flights been so expensive so in effect my Daughter in law has been a single parent to the child.

She says that we should be able to apply for a family permit but I am confused what form should we use and who will be my Daughter in laws sponsor the baby? If so what should we put in the income requirements section.

I have been trying to find a lawyer who will work for legal aid as my son is currently not working at the moment but all the ones I have contacted in Sheffield are full and are only taking on private work.

Can any one help.

Love pads x

[Obie]

She should be able to qualify for an EEA family permit under Regulation 12(1A), unfortunately there is no Entry Clearance instruction on this, and the VAF5 form does not seem to accomodate this application yet.

She can make an application on VAF5 and write a cover not explaining the circumstance and the fact that she meets the conditions in Regulation 15A(4A).

There is no financial requirements to be met in this category.

[Jambo]

Just to clarify the situation - does your son (the child father) live in the UK or elsewhere i.e. if the mother and child move to the UK, the British father will not be living with them?

[pads]

Hi Obie and jambo many thanks for the replies.

My son the British father currently lives in the UK.

However it is not clear where his wife and child will live as he currently only occupies a one bedroom flat.

That is the reason I was asking about benefits as I wondered if my DIL could rent something more suitable and claim housing benefit, there is a possibility that the council could rehouse him once his wife and child are in the UK but they have said they have to be here for six months first.

Love pads x

[Jambo]

I believe the HO would claim that Zambrano doesn't apply in this case. The HO view is that Zambrano applies in cases of a primary carer of a British child who would need to leave the UK if the carer is not allowed to stay. In this case, the child can remain in the UK with her father (with all the difficulties involved). The appropriate application would be one under the immigration rules (with the income and housing requirements).

[pads]

I believe the HO would claim that Zambrano doesn't apply in this case. The HO view is that Zambrano applies in cases of a primary carer of a British child who would need to leave the UK if the carer is not allowed to stay. In this case, the child can remain in the UK with her father (with all the difficulties involved). The appropriate application would be one under the immigration rules (with the income and housing requirements).

The child cannot come to the UK if the mother does not though as she cannot fly on her own, she dosen't even know her father so I think and a lawyer thinks it would be unreasonable to expect her to live with him without her mother.

As stated above she has been a single parent to the child for two years x

[pads]

we can't apply under the immigration rules at all as my son isn't working at the moment and only has a one bedroom flat he won't get a visa for them x

[Obie]

I stand strongly by the advice i provided above. The mother meet all the conditions provided in Regulation 15A(4A), she is entitled to an EEA family permit under Regulation 12(1A). She is the primary carer, they live in the US, the father is not in the position of being the prinary carer.

[pads]

I stand strongly by the advice i provided above. The mother meet all the conditions provided in Regulation 15A(4A), she is entitled to an EEA family permit under Regulation 12(1A). She is the primary carer, they live in the US, the father is not in the position of being the prinary carer.

thanks so much obie x

[Jambo]

Obie,

Leaving the EEA Family Permit aside (being a US citizen, the mother doesn't actually require one), once they live in the UK (with or without the father), would they still be considered under Zambrano? The child didn't exercise free movement, the British parent is living in the UK. Doesn't Dereci come into play?

[Obie]

Well the issue of the family permit is right, but unlike spouse who has automatic right, without the need for examination, a Zambrano case applicant has to be examined by a member state to ascertain if the criteria in Zambrano are met.

It might be advisable for her to apply from America, on the basis that her circumstance, and that of the children will be examined from there.

She has custody of those children, she is their biological mother, she provides for them financially and emotionally, those children will not be able to come to the UK or live anywhere in the European Union without their mother. There biological father is in England, all contacts will be severed if they are not allowed to come to the uk, which will in essence undermine their right under Article 7 of the charter and Article 20 of the TFEU.

Taking into account the above, i believe she will be covered, and i am sstrongly of the view that the circumstance of this case is not analogous with that of Dereci.

Also see the recent guidance and case n Zambrano, in particular Paragraph 49-51 which states the factors that the national court must take into account.

See Case O S L

[pads]

I think you are correct obie. (Hat in essence is what a laweyer at the corans childreen centre excplained to me.

"Ove pads x

[pads]

I have read the guidance you sent me on benefits but it seems to suggest that the court of appeal only ruled in favour of those who applied for benefits post 8?11/2012. My Daughter in law if she had a successful zambrano application would be applying after that date.

Please can you clarify.

Love pads x

[Obie]

Well post = after

Therefore if your daughter in law applied after that date she will be fine.

Then again the Judgement does not say its applicability is confined to pre or post 8-11-2012 decision. It simply establishes a principle that people covered by Zambrano cannot be excluded from benefit.

[pads]

So it seems that she can apply for Housing Benefit, and Income support etc in her own name.

Many thanks Obie x

[frances18]

Hello! I think I have a similar situation with pads's daughter in law. The only thing is she's from America and I'm from Philippines. Well, I desperately need help. I did a voluntary exit last Feb 22, 2016 so I'm ban for a year. I brought my British Child who holds a British Passport with me. I thought our lives will be okay here in the Philippines but I was wrong. We are having difficulties financially and emotionally. My husband who is a British citizen is in London studying full time and works only a few hours in a week or sometimes none. I want us to go back to UK because I am worried and afraid for my child's well being. I am his primary carer that's why he is here with me. I was wondering if I can apply for EEA family Permit on the basis of Zambrano? Will this apply to me? My husband and i could not meet the income requirement for spouse visa. I cant apply for visit visa due to my overstaying history. Please help anyone.

I just thought I'm eligible for EEA Family Permit under Zambrano because I met the conditions provided in Regulation 15A(4A) and also under Regulation 12(1A). I am the primary carer of my son. Am I wrong in assuming this?

[Casa]

You've posted this in a 3 year old thread and pads hasn't posted on the forum since January 2013.