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The reason being we do not meet Regulation 16 (5) of the 2016 regulations (I have British citizen daughter and a EU citizen daughter, born in Belfastin 2004).
I am a woman
Sorry to hear about the refusal. Pls don't be worried about the settlement scheme because based on their new policy you qualify for settled status. Am praying for youTopsibelle wrote: ↑Thu Jun 06, 2019 11:19 amThe reason being we do not meet Regulation 16 (5) of the 2016 regulations (I have British citizen daughter and a EU citizen daughter, born in Belfastin 2004).
Furthermore, they state that we have not attempted to regularise our stay under Domestic law. We sent our passports to the Home office for a renewal of the Derivative residence on the 20th March which is prior to the new policy change on May 2. We had 5 year derivative residence valid from May 12 2014 to May 12 2019. Refusal came on the 3rd of June.
Thank younaa wrote: ↑Thu Jun 06, 2019 2:57 pmSorry to hear about the refusal. Pls don't be worried about the settlement scheme because based on their new policy you qualify for settled status. Am praying for youTopsibelle wrote: ↑Thu Jun 06, 2019 11:19 amThe reason being we do not meet Regulation 16 (5) of the 2016 regulations (I have British citizen daughter and a EU citizen daughter, born in Belfastin 2004).
Furthermore, they state that we have not attempted to regularise our stay under Domestic law. We sent our passports to the Home office for a renewal of the Derivative residence on the 20th March which is prior to the new policy change on May 2. We had 5 year derivative residence valid from May 12 2014 to May 12 2019. Refusal came on the 3rd of June.
Hi Naa,naa wrote: ↑Fri Jun 07, 2019 12:32 pmHello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.
Topsibelle wrote: ↑Fri Jun 07, 2019 12:43 pmHi Naa,naa wrote: ↑Fri Jun 07, 2019 12:32 pmHello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.
You have nothing to lose by applying for the pre settled status now. It is free. When you derivative residence card is up for renewal they will not renew for you and will send you down the route of 10 year parent route.
The Derivative residence is on your passport I'm guessing and from what I'm reading the settled/ pre settled is on a biometric residence card. Someone on another thread did put up a picture of it.
All the best.
Hi,ziggylad wrote: ↑Sat Jun 08, 2019 12:26 amTopsibelle wrote: ↑Fri Jun 07, 2019 12:43 pmHi Naa,naa wrote: ↑Fri Jun 07, 2019 12:32 pmHello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.
You have nothing to lose by applying for the pre settled status now. It is free. When you derivative residence card is up for renewal they will not renew for you and will send you down the route of 10 year parent route.
The Derivative residence is on your passport I'm guessing and from what I'm reading the settled/ pre settled is on a biometric residence card. Someone on another thread did put up a picture of it.
All the best.
Hi everyone, I have a couple of questions before sending my form. i am non-eea but my partner is British and we do have a British child. The Zambrano law defines a primary carer as follows;
The primary carer of a British citizen will have a derivative right to reside in the UK if
the British citizen:
(A) is also residing in the UK
(B) would be forced to leave the UK, and the EEA, should the primary carer be
denied such a right
My question is this, as my wife is British would I be able to justify the B part stated above ?
Secondly, the section which states: Is the applicant required to leave the
UK?
This section tells you how to assess whether a Zambrano applicant (regulation
16(5)) is required to leave the UK, or the EEA, if they are refused a derivative right to
reside.
If the applicant has either:
• limited leave to enter or remain in the UK
• not made any attempt to apply for limited leave to enter or remain in the UK
you must refuse the application as refusal will not force the British citizen to leave the
UK or the EEA. This is because the applicant either has leave or has an alternative
route available for leave to remain in the UK.
A derivative right to reside is only available to an applicant who has no other means
to remain lawfully in the UK as the primary carer of a dependent British citizen, or a
dependent of that primary carer.
My Question: does the fact that I presently hold a 2.5 limited leave to remain mean a Zambrano application will automatically be refused ?
The reason for refusing your Zambrano renewal application is simple. You cannot have two different valid applications with the HO, the last one will cancel out the first application, automatically. So relax, they are considering your recent application, and it will be a Yes, if you pass Suitability, Residence and Criminal tests.Topsibelle wrote: ↑Wed Jun 05, 2019 3:29 pmI thought l would start this thread for Zambrano carers I.e. Parent of British citizen.
I requested for the form on the 23rd May 2019. I got the form on the 3rd June and sent it back on the 4th June. I had a pending renewal of derivative residence pending with the Home office which was sent on the 20th March, this was returned to me on the 4th June 2019 refused.
So fingers crossed for the outcome of the EU settlement scheme. I have 5 years continuous stay so qualified for settled status.
I sincerely hope so. I have 2 kids, British and Irish citizens so Chen and Zambrano. I'm banking on either being considered/used for my settled statusWhat_Do_I_Know wrote: ↑Mon Jun 10, 2019 2:14 pmThe reason for refusing your Zambrano renewal application is simple. You cannot have two different valid applications with the HO, the last one will cancel out the first application, automatically. So relax, they are considering your recent application, and it will be a Yes, if you pass Suitability, Residence and Criminal tests.Topsibelle wrote: ↑Wed Jun 05, 2019 3:29 pmI thought l would start this thread for Zambrano carers I.e. Parent of British citizen.
I requested for the form on the 23rd May 2019. I got the form on the 3rd June and sent it back on the 4th June. I had a pending renewal of derivative residence pending with the Home office which was sent on the 20th March, this was returned to me on the 4th June 2019 refused.
So fingers crossed for the outcome of the EU settlement scheme. I have 5 years continuous stay so qualified for settled status.![]()