Updates on Zambrano applications

evie233 · Post by **evie233** » Wed Jul 18, 2012 3:19 pm

and one more thing, tell your lawyer to write a statement too, he/ she can help explain, ur lawyer should have done this in the first place... anyway j hope when next I hear of your case, it will be good news..

GLH2012 · Post by **GLH2012** » Thu Oct 11, 2012 1:34 pm

Hi everyone!!! This forum has gone quiet, how are you all doing and carrying on with your families?

Can someone help? My son's British passport expires in a couple of weeks, so is my second COA, what happens next? apparently UKBA has no news so far.

GLH2012 · Post by **GLH2012** » Thu Oct 18, 2012 9:38 pm

Hi all here's a link to the the implementation of Zambrano laid before parliament and coming into effect on 8th of November, good luck all!

Zambrano carers are not eligible for Housing and Benefits

http://www.legislation.gov.uk/uksi/2012 ... e/data.pdf

http://www.legislation.gov.uk/uksi/2012/2588/made

mikilo2008 · Post by **mikilo2008** » Thu Oct 18, 2012 10:37 pm

GLH2012 wrote:Hi all here's a link to the the implementation of Zambrano laid before parliament and coming into effect on 8th of November, good luck all!

Zambrano carers are not eligible for Housing and Benefits

http://www.legislation.gov.uk/uksi/2012 ... e/data.pdf

http://www.legislation.gov.uk/uksi/2012/2588/made

OMG its also a derivative residence hope it will lead to a permanent one. UK WITH THEIR DISCRIMINATION MY FRIEND IN IRELAND GOT HER PAPER TRU ZAMBRANO SHE IS ON BENEFIT AND WAS EVEN GIVEN A HOUSE. SHE IS ALSO IN SCHOOL AND PAY HOME FEES. I DONT THINK YOU CAN PAY HOME FEES WITH UK ZAMBRANO THIS AMENDMENT IS UNFAIR HMMMMM

Post by **Obie** » Thu Oct 18, 2012 11:11 pm

I believe the UK is wrong to refuse benefit to these people. This is clearly unlawful.

leonex4t5 · Post by **leonex4t5** » Sat Oct 27, 2012 2:23 am

http://legislation.data.gov.uk/uksi/201 ... ?wrap=true

the SSWP is amending to accommodate Art 20 TFEU. that is Anyone who qualifies is entitled to Income-Related benefit and Housing Benefit/council tax

Post by **vinny** » Sat Oct 27, 2012 1:30 pm

Zambrano (sort of) incorporated into regulations at last

Post by **Obie** » Sat Oct 27, 2012 3:37 pm

leonex4t5 wrote:http://legislation.data.gov.uk/uksi/201 ... ?wrap=true

the SSWP is amending to accommodate Art 20 TFEU. that is Anyone who qualifies is entitled to Income-Related benefit and Housing Benefit/council tax

Well i believe this U turn is welcomed. There would have been lots of problems if the UK government had stripped these people of their right to benefits.

GLH2012 · Post by **GLH2012** » Mon Oct 29, 2012 1:42 pm

leonex4t5 wrote:http://legislation.data.gov.uk/uksi/201 ... ?wrap=true

the SSWP is amending to accommodate Art 20 TFEU. that is Anyone who qualifies is entitled to Income-Related benefit and Housing Benefit/council tax

Thanks for this link. This is a very welcomed news. At least our British kids will not feel discriminated against.

labelle · Post by **labelle** » Tue Oct 30, 2012 6:02 pm

mikilo2008 wrote:
GLH2012 wrote:Hi all here's a link to the the implementation of Zambrano laid before parliament and coming into effect on 8th of November, good luck all!

Zambrano carers are not eligible for Housing and Benefits

http://www.legislation.gov.uk/uksi/2012 ... e/data.pdf

http://www.legislation.gov.uk/uksi/2012/2588/made

OMG its also a derivative residence hope it will lead to a permanent one. UK WITH THEIR DISCRIMINATION MY FRIEND IN IRELAND GOT HER PAPER TRU ZAMBRANO SHE IS ON BENEFIT AND WAS EVEN GIVEN A HOUSE. SHE IS ALSO IN SCHOOL AND PAY HOME FEES. I DONT THINK YOU CAN PAY HOME FEES WITH UK ZAMBRANO THIS AMENDMENT IS UNFAIR HMMMMM

Unfotunately not
A further significant restriction is that under Regulation 15(1A) periods where a person acquires a derivative right of residence under the Regulations will not count towards the acquisition of a right to reside permanently in the UK. That contrasts with free movement rights where exercising a right of residence can result after 5 years in a right of permanent residence. In other words, the ‘derivative’ right which has been created is a second class right. No matter how long a ‘Zambrano carer’ possesses a derivative right of residence, that person can never settle in the member state. Logically, once the dependent child ceases to be a child or the dependent adult ceases to be dependent, even the derivative right of residence lapses.

leonex4t5 · Post by **leonex4t5** » Tue Oct 30, 2012 6:24 pm

Well I doubt that it would be so eventually... Because you would not eg require one to leave the uk where one has a British child who is 1 yr old after residing in the uk legally for 17 years. Or assume before the child turns 18, the carer gets another child, making it a total of 35years in the uk.

My non legal views anticipates that eventually the courts will find that zambrano can be contrasted from Chen, as to benefit and work provisions, and should lead to permanent resident under the regulation or the uk provision (indefinite leave to remain at 10years of lawful resident in the uk)

Also it comes to my attention that there would be various human right violations that many haven't spoken about, in term of discrimination on article 8, because provision of access to child under uk law grants parents/carer of British child 5years leave to remain and indefinite leave to remain follows... But under zambrano, primary carer can not get permanent resident.

And of course, there is the family life arguments too.

labelle · Post by **labelle** » Tue Oct 30, 2012 11:14 pm

leonex4t5 wrote:Well I doubt that it would be so eventually... Because you would not eg require one to leave the uk where one has a British child who is 1 yr old after residing in the uk legally for 17 years. Or assume before the child turns 18, the carer gets another child, making it a total of 35years in the uk.

My non legal views anticipates that eventually the courts will find that zambrano can be contrasted from Chen, as to benefit and work provisions, and should lead to permanent resident under the regulation or the uk provision (indefinite leave to remain at 10years of lawful resident in the uk)

Also it comes to my attention that there would be various human right violations that many haven't spoken about, in term of discrimination on article 8, because provision of access to child under uk law grants parents/carer of British child 5years leave to remain and indefinite leave to remain follows... But under zambrano, primary carer can not get permanent resident.

And of course, there is the family life arguments too.

The quote was taken from a uk law site. I really do hope that they are wrong

leonex4t5 · Post by **leonex4t5** » Wed Oct 31, 2012 10:52 am

That's exactly what it is at the moment... From the proposed amended regulation, it does say it would be Derivative right of resident.

All I'm suggesting is that in the future, it would be argued in the courts that it should lead to permanent.[/quote]

GLH2012 · Post by **GLH2012** » Tue Nov 27, 2012 2:48 am

Zambrano application forms are currently being sent to applicants.

evie233 · Post by **evie233** » Sat Dec 22, 2012 12:11 pm

hi everyone, just wanted to ask a question, and would appreciate it if anyone could chip in. i applied for homelessness assistance in june 2012, but was referred to social services, and i have been given a room to live in since then with my kids. i have already applied for zambrano (after nov 8/11/12).. my question is, can i still get housing benefit( under council housing) or will i be ineligible? i am asking this question because of the Pryce v Southwark LBC [2012] judgement... pls help... thanks in advance.

GLH2012 · Post by **GLH2012** » Sat Dec 22, 2012 5:37 pm

evie233 wrote:hi everyone, just wanted to ask a question, and would appreciate it if anyone could chip in. i applied for homelessness assistance in june 2012, but was referred to social services, and i have been given a room to live in since then with my kids. i have already applied for zambrano (after nov 8/11/12).. my question is, can i still get housing benefit( under council housing) or will i be ineligible? i am asking this question because of the Pryce v Southwark LBC [2012] judgement... pls help... thanks in advance.

I think you are covered under the judgement since you applied before the 8th of November. You should also be allowed housing allocation. I tried to apply in September but my council refused to accept my application saying I was not qualified for housing. Now I come to realise that if they had accepted my application and refused it, the Pryce judgement could have been in my favour. Now they are suggesting that social services should help me and my kids. They didn't even know what Zambrano was and I had to keep explaining to them. They made me go back and forth for nothing. I hope the housing and benefit restriction gets challenged. You should be qualified. Don't let anyone tell you differently.

evie233 · Post by **evie233** » Sat Dec 22, 2012 6:47 pm

kofi75 · Post by **kofi75** » Sun Dec 23, 2012 7:37 pm

Just want a bit of clarification if joint application can be made on zambrano.as joint primary carers?

kofi75 · Post by **kofi75** » Sun Dec 23, 2012 8:05 pm

This is the guidance note given to caseworkers in deciding Zambrano application.
DMG 38/12 Zambrano right to reside
DMG34/12 right to reside
This is the memo sent to DMs to make decisions on derivative residence card.
DM is Decision Maker-caseworkers
DMG-is Decision Makers Guidance
Hope this will help up coming applicant under Zambrano and other related applications

Prince74 · Post by **Prince74** » Sun Dec 23, 2012 8:28 pm

kofi75 wrote:This is the guidance note given to caseworkers in deciding Zambrano application.
DMG 38/12 Zambrano right to reside
DMG34/12 right to reside
This is the memo sent to DMs to make decisions on derivative residence card.
DM is Decision Maker-caseworkers
DMG-is Decision Makers Guidance
Hope this will help up coming applicant under Zambrano and other related applications

Pls do you have a link to the Guidance?

kofi75 · Post by **kofi75** » Sun Dec 23, 2012 8:39 pm

Just google DMG 38/12 and DMG 34/12.
It ll come up

progeny5kay · Post by **progeny5kay** » Fri Jan 18, 2013 4:28 pm

Applied :23/05/2012
Returned back: 22/07/2012 saying i have stated my children and partner that i should choose one
so i re-applied based on my children:03/08/2012
Received COA on: 15/10/2012 dated 11/10/2012
Sent them a letter to request update in December and a week later they sent me a DRF1 form which i have filled and sent back to them in December

progeny5kay · Post by **progeny5kay** » Fri Jan 18, 2013 4:38 pm

Please people lets keep this post alive I have noticed the Zambrano is not getting updated like the other EEA2 and am sure a lot of people come over here to get information or encouragement by seeing other people's cases just like myself, I was meant to post my timeline long ago but most of the time the last post always weeks old not encouraging and am sure there are a lot of Zambranos out there wanting to share their experiences and the only way to encourage that is to keep the post relevant and upto date. Thanks

GLH2012 · Post by **GLH2012** » Fri Jan 18, 2013 5:42 pm

progeny5kay wrote:Please people lets keep this post alive I have noticed the Zambrano is not getting updated like the other EEA2 and am sure a lot of people come over here to get information or encouragement by seeing other people's cases just like myself, I was meant to post my timeline long ago but most of the time the last post always weeks old not encouraging and am sure there are a lot of Zambranos out there wanting to share their experiences and the only way to encourage that is to keep the post relevant and upto date. Thanks

Welcome to the forum. You are right we need to keep the posts relevant and up to date. The truth is we are all playing the waiting game with the Home Office, needless to say it is very frustrating. No news from them yet. But my recent experience is that the COA which i received with my form DRF1 was actually issued in my dependent daughter's name. After several contact and phone calls to the Home office, my solicitor called them while i was at her office yesterday and the home office staff said a decision hasn't been reached on our application. The most alarming part is that he said i was not listed and could not find my name. After receiving 2 previous CoAs. The guy was just reluctant to help...God please help!!!!!!

progeny5kay · Post by **progeny5kay** » Fri Jan 18, 2013 5:59 pm

GLH2012 wrote:
progeny5kay wrote:Please people lets keep this post alive I have noticed the Zambrano is not getting updated like the other EEA2 and am sure a lot of people come over here to get information or encouragement by seeing other people's cases just like myself, I was meant to post my timeline long ago but most of the time the last post always weeks old not encouraging and am sure there are a lot of Zambranos out there wanting to share their experiences and the only way to encourage that is to keep the post relevant and upto date. Thanks
Welcome to the forum. You are right we need to keep the posts relevant and up to date. The truth is we are all playing the waiting game with the Home Office, needless to say it is very frustrating. No news from them yet. But my recent experience is that the COA which i received with my form DRF1 was actually issued in my dependent daughter's name. After several contact and phone calls to the Home office, my solicitor called them while i was at her office yesterday and the home office staff said a decision hasn't been reached on our application. The most alarming part is that he said i was not listed and could not find my name. After receiving 2 previous CoAs. The guy was just reluctant to help...God please help!!!!!!

I have actually registered here since beginning of last year and I come on here everyday but i don't put any information on cos i don't see updated ones but i will be doing more now
Am really sorry to hear your situation and i understand your frustration HO staff are very unhelpful but in this case I will advise you and your solicitor to write them detailing the fact that they have made a mistake and am sure you should be getting another COA in about 2 weeks cos everytime I have written them i got some sort of response within 2 weeks.

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