rainbow 66 wrote: ↑Tue May 19, 2020 10:26 pm
Hi everyone,
Thanks for opening this new section.
Im primary care of my British child and I have submitted Zambrano paper application of both myself and my another dependent child in August 2019 and haven’t got decision yet. I raised complaint in February and I was told they would decide by 19April at the latest. But still no news. I emailed them again and I was told it’s delayed due to Covid-w19, and they cannot provide a timeframe.
Both myself and my dependent child are on visitor visa which will be expired in June. Will we become overstayer if our visitor visa expired and our application still not concluded?I would appreciate if someone could give me some advise on what I shall do.
Many thanks.
rainbow 66
I have read your piece and what I could say is that, similar cases of sort has been discussed here on the old platform.
The problematic part of your EUSS application is that because you are, was/were visitors, irrespective of your child being British your application will fail.
This is because technically you not going to meet the threshold of COMPULSION and COMPELLING. There is no INSURMOUNTABLE which will prevent you to leave the member state as you and your child had a home before coming to UK.
The Zambrano is for Children who are actually born in the EU states to TCNs and when forced to leave will trigger Article 20 TFEU.
As you're visitors, the proper way is to seek entry under Appendix FM of the domestic immigration rules. You don't meet Zambrano C34/9 ruling and Right to Reside under regulation 20 aka regulation 16.
You can apply as parent of a British child under the 5 - 10 year route.
Zambrano is no no as your child already has home outside and nothing peculiar precluding you to go back your country.
The only scenario of such type of your case is children coming from EEA countries who's parents dont have stay and they have exercise their treat right under the free movement.
Hope you will understand as the guidance also excludes you from meeting the eligibility requirements.
Stay safe