Carer of a British Citizen Please help

[irene_hamm]

Am a Dual citizen of Eu, I am born a British in England, my mother is a British and I also hold a Spanish passport as my father is a Spanish and I have also live in Spain when I was young, I just came to this site and will like to know if I can get advice from member. This is my case, I married to a non eea, we applied for a residence card and was refuse, I have been a worker for 15years in united kingdom and I became permanently incapacitated, we apply under a permanent incapacity as a worker because I still retain my worker’s status but was refuse because I cannot produce a bill to my former address which I cannot because it was a very long time.
Now we have appeal the case and still waiting for the reply, in our appeal I let them know my husband was my carer and I need him to be with me on every daily bases, I told them what he has been doing for me as my carer from the time we got married and sincerely if not for him life will mean nothing to me, with him I have gain a lot of independence to my life all this I told them at the tribuner.
I was surprise today to see a case posted here regarding UKBA and carer even for an adult British. Now I will want to know what you think will be my faith for my husband tribuner, when we went for the tribuner this case is not on the UKBA site and now that it is on will the judge consider that to my case as the judge know am a dual citizen and have a British citizen but apply under the Spanish for a residence card for my husband. Will this Judgment on the UKBA site favor us when the judge considers the tribuner case? As the hearing was just last week.
Please respond to my post with your experience as this will help me further my husband case if there is any problem. Any discussion will help.

[joshuaaubin]

Am a Dual citizen of Eu, I am born a British in England, my mother is a British and I also hold a Spanish passport as my father is a Spanish and I have also live in Spain when I was young, I just came to this site and will like to know if I can get advice from member. This is my case, I married to a non eea, we applied for a residence card and was refuse, I have been a worker for 15years in united kingdom and I became permanently incapacitated, we apply under a permanent incapacity as a worker because I still retain my worker’s status but was refuse because I cannot produce a bill to my former address which I cannot because it was a very long time.
Now we have appeal the case and still waiting for the reply, in our appeal I let them know my husband was my carer and I need him to be with me on every daily bases, I told them what he has been doing for me as my carer from the time we got married and sincerely if not for him life will mean nothing to me, with him I have gain a lot of independence to my life all this I told them at the tribuner.
I was surprise today to see a case posted here regarding UKBA and carer even for an adult British. Now I will want to know what you think will be my faith for my husband tribuner, when we went for the tribuner this case is not on the UKBA site and now that it is on will the judge consider that to my case as the judge know am a dual citizen and have a British citizen but apply under the Spanish for a residence card for my husband. Will this Judgment on the UKBA site favor us when the judge considers the tribuner case? As the hearing was just last week.
Please respond to my post with your experience as this will help me further my husband case if there is any problem. Any discussion will help.

I think you have a very good case here, even if they use mccarthy on you, your spouse is still qualify anyway because he is your career and as you said this has already been raised at the court the judge will look into all aspect of the eea case.

[Directive/2004/38/EC]

When did you leave Spain to move back to the UK? Were you working in Spain?

When did you marry?

[irene_hamm]

All i needed is to know if as a British citizen i am qualify for the new judgement, time i got married and time i left spain does not count in this issue, they have my NI this will show including the DLA and IB, if you are not here in uk you cannot claim IB because you have to be worker for three years and present in uk. HO should be able to know your info through your NI.

I left work due to permanently incapacitated in UK not spain, i was working here in uk for many years in a well known company before incapacitated, they saw that and they knew that, refusing application because i cannot produce 12yrs old utility bill to my address make no sence to me as i cannot be working everyday here in uk and living outside uk.

All i am just looking is, do i now have double chance here with the new judgment on Zambrano in regards to adult, the court is already aware that my husband is my career which was the case we put forward in the appeal..

[Bob44]

All i needed is to know if as a British citizen i am qualify for the new judgement, time i got married and time i left spain does not count in this issue, they have my NI this will show including the DLA and IB, if you are not here in uk you cannot claim IB because you have to be worker for three years and present in uk. HO should be able to know your info through your NI.

I left work due to permanently incapacitated in UK not spain, i was working here in uk for many years in a well known company before incapacitated, they saw that and they knew that, refusing application because i cannot produce 12yrs old utility bill to my address make no sence to me as i cannot be working everyday here in uk and living outside uk.

All i am just looking is, do i now have double chance here with the new judgment on Zambrano in regards to adult, the court is already aware that my husband is my career which was the case we put forward in the appeal..

well if you need help, you have to provide more information with regards to your Spanish resindency and your working history in that country as you have been asked by Directive 2004. are you doing it by your self or you have a solicitor? it is wise to seek advise from a legally qualified somebody in that field.

[Directive/2004/38/EC]

I asked questions is that I am unclear of what basis you are making your application. I am happy to help to the degree that you are willing to explain.

[irene_hamm]

Refused application is not because am a British, the application was base on a Spanish worker working in UK.

British citizen has never been mention in the application, am the one that mention it here when i saw the new judgment on this forum that is why i mention the British here, as i don't know in the future they the HO will want to use that against me as the McCarthy case favor them in that aspect, and if in the future which i pray it will not get to that, they now come up that am also a British citizen, then i think i can now say, you are already aware that my husband is my career, and if you come-up now that i am a British citizen, then my career has the right to reside, this is the point i am talking about and need supportive advice here to gathered for my self for future reference if the appeal goes beyond that.

but at the present case, the barrister said we have a very strong human right case which he think as my husband is my career he should have right to stay with me as a Spanish worker who have cease to work due to permanently incapacitated and still gain the status of a worker.

Please in this case, will the new judgment make a positive impact to my present case if goes beyond that, because as i see in the new judgment the British citizen do not need to prove anything as exercising treaty right. please give me some positive advantage with your experience in law to gathered for my self.

[86ti]

I suppose you have already seen this UKBA announcement. As I read it, the problem may be that you will have to show that you would have to leave the UK if the carer cannot stay with you. That seems a very tough criterion to me. You better discuss this with your lawyer as this is all new and nobody knows how the UKBA will handle cases esp. when an adult British citizen is involved.

[Directive/2004/38/EC]

I would personally consider trying to avoid a Zambrano application if that is possible. It is early days, and UKBA are likely very focused on minor children and probably do not want to deal with adult UK citizens.

I guess I am also surprised that it is not possible to come up with an option under more traditional EU free movement law. You are British and Spanish. You have lived and worked in the UK and you may have been working in Spain. There would seem to be a lot of options!

Why exactly was UKBA asking you for a 12 year old utility bill? Was that because you were claiming to be working in the UK between 12 and 7 years ago? You should know that you can also provide any other form of evidence from 12 years ago: bank statements, credit card statements, tax returns from inland revenue, council tax receipts. Even if you do not have the evidence directly yourself, you can request your old records from HMRC, from DVLA, from the NHS, and from your local council by doing a Subject Accesses Request (SAR)

[irene_hamm]

I suppose you have already seen this UKBA announcement. As I read it, the problem may be that you will have to show that you would have to leave the UK if the carer cannot stay with you. That seems a very tough criterion to me. You better discuss this with your lawyer as this is all new and nobody knows how the UKBA will handle cases esp. when an adult British citizen is involved.

If you career is your Spouse and taking your career away from the country will be that they have permanentely seperating the family, in case you cannot follow your spouse and there is no guarantee that your spouse will come back even if he reapply from his own country because you are not qualify, to me i think is it against your right to family life and your right to independence living as a disable person were your sole career was taking away from you. it is against your Human right.

[irene_hamm]

I would personally consider trying to avoid a Zambrano application if that is possible. It is early days, and UKBA are likely very focused on minor children and probably do not want to deal with adult UK citizens.

I guess I am also surprised that it is not possible to come up with an option under more traditional EU free movement law. You are British and Spanish. You have lived and worked in the UK and you may have been working in Spain. There would seem to be a lot of options!

Why exactly was UKBA asking you for a 12 year old utility bill? Was that because you were claiming to be working in the UK between 12 and 7 years ago? You should know that you can also provide any other form of evidence from 12 years ago: bank statements, credit card statements, tax returns from inland revenue, council tax receipts. Even if you do not have the evidence directly yourself, you can request your old records from HMRC, from DVLA, from the NHS, and from your local council by doing a Subject Accesses Request (SAR)

Thank you so much for the advice, i gave them my record from HMRC but they said it cannot prove anything, i think they want blood. what record is greater than that to prove were you are living in 12yrs ago.

[Directive/2004/38/EC]

i gave them my record from HMRC

What exactly did you give them and what exactly did they say?

Why exactly was UKBA asking you for a 12 year old utility bill? Was that because you were claiming to be working in the UK between 12 and 7 years ago?

[86ti]

Human rights to not guarantee you to live at a particular place. You would have to argue why you couldn't just live in your spouse's country. May sound cynical but that's how it is.

[irene_hamm]

Human rights to not guarantee you to live at a particular place. You would have to argue why you couldn't just live in your spouse's country. May sound cynical but that's how it is.

I know that and i have argue that including to the appeal, my solicitor and barrister did that, i am just sharing it here. You read in the papers everyday, some criminals dont even have a family, a child, a wife but only the parents, a 27 yrs old cannot be deported because of his right to family life. Regarding my situation, i have a very strong human right better to them.

[irene_hamm]

i gave them my record from HMRC

What exactly did you give them and what exactly did they say?

Why exactly was UKBA asking you for a 12 year old utility bill? Was that because you were claiming to be working in the UK between 12 and 7 years ago?

I was incapacitated to work, 12yrs ago and they were asking me to provide a utility bill to were i live before i stop work, something of more than 12yrs ago, i couldnt get that and i produce my full NI contribution information with HMRC present date as i am still making contribution. The tax office advice me to get the NI document as they could not go back far as that. UKBA said the HMRC cannot make them check were i was living before incapacitated. that only utility bill will do, Bollocks This was not among the requirement when we apply in the application form but we still provide the HMRC documents to prove that, so my solicitor say that is the highest thing i can produce what else did they want.

[86ti]

Human rights to not guarantee you to live at a particular place. You would have to argue why you couldn't just live in your spouse's country. May sound cynical but that's how it is.

I know that and i have argue that including to the appeal, my solicitor and barrister did that, i am just sharing it here. You read in the papers everyday, some criminals dont even have a family, a child, a wife but only the parents, a 27 yrs old cannot be deported because of his right to family life. Regarding my situation, i have a very strong human right better to them.

Very good. I hope, however, that you will be successful with the appeal and do not have to go down the Zambrano route.

[irene_hamm]

Will like to say to members of this forum, if you cannot advice me please dont judge me of ask me questions that is unreasonable.

Medically prove my disability cannot make me live in an undevelope or third country that do not have the basic facility for my treatment which even they the peoeple of that country have to come here to pay for the same medical treatment. And i dont think my career who is my spouse if seperated, they are officially taking away my right to indipendence as a disable person, i depend on my spouse as my sole career on my daily activities, i think it is against my right as a register disable person for them to expect me to pay for unguaranty service that my spouse can do for me free, that is descrimination against a disable person. Taking him away may permamnetly seperate us as medically prove i cannot live in my spouse country, also Incapacitated to exercise treaty right in another EU country, and if seperated or volunteery go back and reapply from home country, the seperation it is going to be permanent as they will say i am not a qualify person under the immigration rule, it is against my huaman right and right to family life as a disable person.

[86ti]

Will like to say to members of this forum, if you cannot advice me please dont judge me of ask me questions that is unreasonable.

I do not think that anybody in this thread has been judgmental but rather tried to make a positive contribution. I also do not see what unreasonable questions would have been asked.

Hardly anyone on this forum appears to be from a legal profession. Thus any advice given here is naturally limited.

[irene_hamm]

Will like to say to members of this forum, if you cannot advice me please dont judge me of ask me questions that is unreasonable.

I do not think that anybody in this thread has been judgmental but rather tried to make a positive contribution. I also do not see what unreasonable questions would have been asked.

Hardly anyone on this forum appears to be from a legal profession. Thus any advice given here is naturally limited.

No no no, i wasnt refering to you, i read in other post here where people are just making jugdment without help and advive that was why i said so, i know with people here i can make an impact to my case and my experience will make an impact on other people case. Thank you.