ojoke2020 wrote: ↑Thu Sep 10, 2020 10:31 pm
@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.
I do not hold any form of LTR
@ CR001
What are the 'significant changes' that UKVI is referring to in regards to your case?? You have provided such minimal information on your circumstances and what these changes are.
The significant change they meant is that my child is now a British citizen who turned 10 last year. I'd made many applications under UK domestic law in the past unsuccessfully. Bellow is the details of the letter sent to me.
REASONS FOR REFUSAL LETTER
Dear xxxxxxxx
Your application made on 05 July 2020 for derivative residence cards under the Zambrano judgement to confirm you are the primary cares of a British citizen dependant have been refused
What this means for you
Primary carers of British citizens are not required to hold documentation to confirm their right to reside in the UK. However, if you would like to do so and you can demonstrate that you qualify for a derivative residence card, taking into account the reasons why this application has been refused, you make a new application. Information on how to do this is in the next steps section of this letter.
Reason why your application has been refused
Your applications have been considered under regulations 16(5), 16(8), and 20 0f the immigration (European Economic Area) Regulations 2016 ('the 2016 Regulations').
The Secretary if State must issue an application with a derivative residence card on production of:
(a) a valid passport; and
(b) proof that the person has derivative right to reside in the UK.
You are applying on the basis that you are the primary carer of XXXXXXXX .
A Zambranom application centres on a person seeking to remain in the UK as the primary carer of British citizen.
There is significant overlap with the right to respect for private and family life which is protected by Article 8 of European Convention of Human Right (ECHR).
Where a person wishes to remain in the UK on basis of family life with a British citizen , they can make an application for leave to remain under Appendix FM to the Immigration Rules. A derivative right to reside is a right of last restort which only applies if a person has no other means to remain lawfully in the UK.
Your applications are refused for the following reasons:
Since your most recent refused apllication , there have been significant changes in your circumstances and it is open to you to re-apply under the UK's domestic immigration law.
Next steps
You have a right o appeal against this decision under regulation 36 of the 2016 Regulations.