LULUBABY wrote: ↑Thu Mar 26, 2020 11:35 amHi all, PLEASE AND PLEASE, I AM NOT TRYING TO START AN ARGUMENT. I am just ‘INNOCENTLY’ trying to get my head round PARENT OR CARER OF A BRITISH CHILD.
For this EU settlement scheme, we are relying on 2 things PRE-SETTLED STATUS & SETTLED STATUS. For THOSE YEARS we are relying on, SOME of those years or ALL of those years are made up of when we immediately became carers of a British citizen child.
Home Office has given someone on this forum (who has only 2.5yrs ltr) pre-settled status. I remember he stated that in his application he showed evidence of all the money he transfers to his child’s mother his child’s support /upkeep/ maintenance (whatever it is called).
Another person too with 2.5 ltr only was also given a positive decision.
Another person with Zambrano derivative card plus 2.5yrs was also given a positive decision.
If having 2.5 yrs ltr means ‘you are no longer a Zambrano carer or that you have another route to remain and your child will not be compelled to leave the country’ the above 3 scenarios of people given have shown it is not the same for everyone.
We all may be Zambrano carers and some also with 2.5ltr but our individual cases are different.
Some 2.5ltr holders have baby fathers who are workers and healthy and can participate in the child’s upkeep /care but refuse to do it for reasons best known to them.
Some 2.5ltr holders have baby fathers who are disabled or mentally ill, in jail or ... (I don’t know other reasons to put in) who are not working and not participating in the upkeep /care of their children.
Some are also Zambrano carers who have never applied for or applied for but never given a derivative card.
A Zambrano carer can just live in the UK due to his or her EEA2 ZAMBRANO status. The Court of Appeal determined in SANNEH & ORS V SECRETARY OF STATE FOR WORK & PENSIONS (2015) that “she is under no obligation to make any application for formal recognition of this status”.
Therefore, you only want to apply for the derivative card so your employers can see your right to work or so you can have a card to travel.
You may also decide to apply for ltr to potentially get recourse to public funds.
2.5ltr is still leave to remain whether or not it is held by a person who has or already had a 5year derivative card . 2.5ltr is still leave to remain whether or not it is held by a person who doesn’t have or never had a derivative card.
FOR the SETTLED AND PRE SETTLED STATUS the EU Settlement scheme we can rely on 5 years long before, immediately before the application or combination of both. Which means there must be a point on those years we are relying on, that we did not have any leave at all and we were just relying solely on the fact that we have British child / children.
Come to think of it a person with a 5 derivative card is not COMPELLED to leave because the aim of the derivative card is to enable you stay and look after that British citizen child until he/she turns 18. Which means you can only decide to leave the country if the grass is greener else where or for reasons best known to you. Just as the aim of 2.5ltr is to enable someone with 2.5ltr to stay and look after that child. Which means you too can only decide to leave the country if the grass is greener else where or for reasons best known to you. Therefore a British child is a british child whether or not he/she has a British parent and COMPULSION (or whatever it is called) is the same for a British child whether the parents has derivative card or 2.5ltr .
You can’t just expect a baby or a child to just be ‘uprooted’ from his/her mum to a dad who has never been there (whatever reason he has). What happened to best interests of a child?????.
OFCOURSE WE ALL KNOW THAT WITH 5YEARS DERIVATIVE CARD IT IS MORE DIFFICULT GETTING RECOURSE TO PUBLIC FUNDS..... ETC.
Please I am not arguing, just wondering and thinking aloud.
You have raised a big picture
All what you have said is through. Home Office is just being mean, all for money