Your chance is to call up again for euss Zambrano application form then reapplying for it and wait for it to be refused.gee4 wrote: ↑Sat Apr 10, 2021 12:13 amI currently have no leave to remain. What are my options please? I’m really getting exhausted. I’ve been here for over 9 years.snooky wrote: ↑Sat Apr 10, 2021 12:03 amHigee4 wrote: ↑Fri Apr 09, 2021 11:55 pmThank you Snooky. My son isn’t EU. He’s British, I didn’t have him with my EU ex husband. I have him with a British citizensnooky wrote: ↑Fri Apr 09, 2021 11:53 pm
Hi
If you had done divorce after the 3 years, you could have have had what is called RETAIN RIGHT. You really lost that. If there was abuse and violence in the marriage and you had reported it to your GP, Police Family Justice and other agencies, that could have given you ILR under eea rules.
Your 5 years marriage application failed because of lack of documentations to proof. Like payslips etc because your partner wouldn't, I suppose. Your only chance was retain right of residence application based on 3 years after divorce.
Now to your Zambrano, why it failed is that you're not technically a Zambrano carer. Zambrano carers should be people looking after British minor children or vulnerable adults and they solely depend on the TCN.
All along you have been doing a wrong application. As your child is a eu citizen, you only have to apply as a family member EEA/FM under regulation 16. This means as a family member. Now you missed it too because eu applications are not been taken again by the HO apart from those already there. But under the EUSS you can apply through https://www.gov.uk/settled-status-eu-citizens-families.
Your problem was doing wrong applications. Your right to your child is called EEA family member.
Use this link for application https://www.gov.uk/settled-status-eu-ci ... led-status
Remember you got two months to apply
Good luck
Having a British child for Zambrano derivative one must show compelling and compulsion. I think you could not show that within your submission to the HO.
As the Appendix EU clearly states that all applications under derivatives must considered first with reg 16 rules, then when you take advantage of your appeal right, the courts would be your protector. Only judges are allowing Zambrano cases under euss especially those who didn't already had Zambrano route under eea.
I don't believe in euss administration review. Is bogus