alana7 wrote: ↑Tue Nov 26, 2019 12:22 pm
Good morning all. I received the decision from the Home Office on my solicitors DRF 1 application and they refused again. They refused it under Regulations 16 (5), 16(8) and 20 of the immigration Regulations EEA 2016. They have stated that an unmarried partner is not a direct relative and a lasting power of attorney does not demonstrate that a person is a legal guardian. They expect a guardianship order and I have not provided one and my application falls for refusal on this basis so no further consideration has been given to any other evidence submitted and I have failed to qualify for derivative residence card in line with the Zambrano judgement under the immigration (EEA) regulations 2016, as amended.
I also have no right of appeal. I still have the EU Settlement scheme Zambrano application awaiting a decision but surprisingly I am in a good place about that because in the beginning of the decision they state that you are not required to hold documentation to confirm your right to reside in the UK as a beneficiary of a derivative right of residence. And I was refused under human rights application before so I will wait on that application.
Alana7
Snooky here, Sorry to hear that your Zambrano Derivative was refused. Hmm, Home Office is kiling this route gradually.
They refused you because of REG 16(5)
1. (5) The criteria in this paragraph are that—
(a)the person is the primary carer of a British citizen (“BC”);
(b)BC is residing in the United Kingdom; and
(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.
2. 16(8) A person is the “primary carer” of another person (“AP”) if—
(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person
Please, did you go to Court for Parental Responsibility Order.?.