Updates on Zambrano applications

[progeny5kay]

Once we issued a residence card you need to fight for what is meant to be our right not to make us a second class human beings, so each person on their own part need to take them to court and challenge this unlawful rules being imposed on us in silence becuase if you don't fight for it they are not just going to hand it to you, am sure home office are going to loose in my opinion because the zambrano rules were based on was not treated as second class human beings in Belgium so we just need to have a little patience for them to issue what they want to issue cos i will be taking them to court definitely.

[mam2]

That's what I intend doing as well. They knew the court ruled in favour of Pryce regarding the housing benefit,yet they went ahead with the amended habitual residence regulation excluding people with zambrano rights to benefits. First things first, at the moment we will wait for the confirmation of our right(Derivative Residence Card) then we can fight for what ever we are entitled to. To be honest,I rather feel sorry for my British child who is being discriminated against and not enjoying childhood as any other British child.
We are all together in this. Will go to court,simple.

[progeny5kay]

That's what I intend doing as well. They knew the court ruled in favour of Pryce regarding the housing benefit,yet they went ahead with the amended habitual residence regulation excluding people with zambrano rights to benefits. First things first, at the moment we will wait for the confirmation of our right(Derivative Residence Card) then we can fight for what ever we are entitled to. To be honest,I rather feel sorry for my British child who is being discriminated against and not enjoying childhood as any other British child.
We are all together in this. Will go to court,simple.

I understand how you feel I have got two kids and am ready to fight tooth and nail for them to enjoy as any other British children with British father and mother and i don't really care what it cost me i think they taking a micho and expect us to be quiet about it thought people have been quiet for a long time once they issue whatever they choose to issue to us i will start working towards taking them, to court on this rules.

[labelle]

Does the new ones allow you to work ? Also can you claim some kind of benefits if you are not allowed to work when your application is still a waiting approval ?
May God help us all.

.


Yes it does allow you to work its the same as the standard one. Sorry it doesn't allow you to claim any kind of benefit. It's just for employment purposes and based on experience some employers don't even acknowledge it. And at the end of the day when your derivative residence card finally arrives you are not even entitled to any form of benefits what so ever. All you get is what you can work for. Very discriminatory

Every British child is entitled to child benefit. We should be able to get that because its the child entitlement. I think that's all we can get. I have the feeling that they will write no recourse to public funds. Fingers cross lets pray and hope for the best. Will be getting married soon and will apply for RC as a spouse of an eu national

Thanks milkilo , did you applied for the child benefit , if yes , was it successful and how easy was the progress .
Sorry for all the questions but I feel my child is missing on things she should be entitled to as a British child , I'm not worried about me but about my child .

[mam2]

Even non British children born here are also entitled to child benefit and child tax credit. It is the person claiming for them whose immigration status they take into consideration. When I could not claim for my children, 1 non British and 1 British, my housemate claimed for them . She had a residence card. I was on a student visa,as usual,no recourse to public funds for students. Child benefit office approved as it was perfectly legal. That is how it works.

[labelle]

Even non British children born here are also entitled to child benefit and child tax credit. It is the person claiming for them whose immigration status they take into consideration. When I could not claim for my children, 1 non British and 1 British, my housemate claimed for them . She had a residence card. I was on a student visa,as usual,no recourse to public funds for students. Child benefit office approved as it was perfectly legal. That is how it works.

Thank you for yr input, so basically it means that you will not be able to apply if you are an overstayer with British children, not until the residence card is granted.
I know of people though who are without status but somehow have claimed/claiming child benefit.I think boldness is the key sometimes.
Is your housemate related to your children in someway?

[mam2]

Labelle, no my housemate is not related to them in anyway. I believe that once derivative residence card is granted, u can apply and just wait for their response. NI number is needed to process all benefit claims.
I hope I'm not going off topic. I would suggest we jump the first hurdle by acquiring the DRC, then the other bits will be dealt with. We will surely succeed.

[kofi75]

You dont need a passport to apply for child benefit and tax credit.
You only need your NI and the birth certificate of the child.
I depends on how you answer the questions on the forms.
if you answer that you are under immigration control only would they ask for your ID.Its simple and straight forward as long as you got your national insurance
If you have any issues you can inbox me

[progeny5kay]

I believe as your application is on going and if you have been given COA and you have an NI number you can claim benefit especially housing benefit, child tax credit, and job seeker allowance

[mam2]

It depends on what status you had when you applied for your NI as they use that information for identity checks when claiming benefits. I had my NI whiles on student visa and I had to take my passport. Obviously with no recourse to public funds. With my new status, when I apply for any benefit,they would ask for my status which shows I'm not under immigration control. Things were easy sometime ago but not anymore. I've recently attempted applying for child benefit. They called me to say that my housemate should write or call them to let them know she doesnt want to continue claiming for my kids. When they get that confirmation,they will sort it out. Not forgetting they asked for my New status and I said "family member of a British national. They now asked for his name which I told them. Thank you,they said and that was it. This was just on thurs 24th Jan.

[labelle]

Thank you guys , I'm sorry for going off the main topic.I also got my NI while being a student, mam2 I will also try and pray that God helps(HE always does) because if they are now able to issue a coa with no right to work, many will feel.the stretch of 6months.what shock me the most is why no residence card have been issued yet. Some people have applied long ago , at least they should.have heard something about their case, what about single parent who have no one to support them. If a single parent has to wait for six months (I know they said within) , with no work, mo benefits , how do you do that , isn't the British child affected?
I'm so sorry for ranting but I wish some kind of good news will come soon , and help the weariness and the being in limbo feeling.
God is good and never fails.[/u]

[progeny5kay]

Thank you guys , I'm sorry for going off the main topic.I also got my NI while being a student, mam2 I will also try and pray that God helps(HE always does) because if they are now able to issue a coa with no right to work, many will feel.the stretch of 6months.what shock me the most is why no residence card have been issued yet. Some people have applied long ago , at least they should.have heard something about their case, what about single parent who have no one to support them. If a single parent has to wait for six months (I know they said within) , with no work, mo benefits , how do you do that , isn't the British child affected?
I'm so sorry for ranting but I wish some kind of good news will come soon , and help the weariness and the being in limbo feeling.
God is good and never fails.[/u]

hi you can claim benefit once you have got a coa and id especially job seeker and child tax and also housing benefit you need to give them a call they can't say no to you they will only tell you what you can claim and what you can't trust me

[bahwe]

The Social Security (Habitual Residence)(Amendment) Regulations 2012:
'People who will have a Zambrano right will be entitled to claim contributory benefits such as contribution-based Jobseeker’s Allowance, provided they meet the entitlement conditions for the benefit.
Under current legislation, most non-EEA nationals who have a right to reside and to work in the UK do not have an entitlement to claim income related benefits because their immigration status states that they have no recourse to public funds. To maintain this position, DWP will amend regulations so that an individual with a Zambrano right to reside will not have a right to claim income-related benefits.
The regulations for the following benefits will be amended: Income Support, income based Jobseeker’s Allowance, income related Employment and Support Allowance, State Pension Credit, Housing Benefit and Council Tax Benefit'.
The amendment can be found here:
http://www.legislation.gov.uk/uksi/2012/2587/made

Under the freedom of information:
Can the DWP confirm if the British children themselves are eligible for any benefits? if so which ones, and if their parents/primary carers are able to claim these on the children’s behalves?
The benefit entitlements of children under the age of eighteen are detailed below. It is important to note that this is a summary of the eligibility criteria in relation to your specific request and does not include the further eligibility criteria which can be found at www.gov.uk.
Disability Living Allowance (DLA) has two components: the mobility component which is available to children age three and over; and the care component which has no minimum age.
A parent/primary carer can claim DLA on behalf of the child if they are under sixteen and/or legally appointed to act on the child’s behalf.
Employment and Support Allowance, Jobseeker’s Allowance, Income Support, Carer’s Allowance, Housing Benefit and Council Tax Benefit can all be claimed by children aged sixteen and over. The parent/primary carer of the child would only be able to claim these benefits on behalf of the child if they have been legally appointed to act on the child’s behalf.
It is important to note that the Department for Work and Pensions have amended their Regulations to maintain the position that someone with a Zambrano right to reside is not able to access income related benefits.

[mam2]

What are the income related benefits then?

[bahwe]

Income Support, income based Jobseeker’s Allowance, income related Employment and Support Allowance, State Pension Credit, Housing Benefit and Council Tax Benefit

[bahwe]

Child benefit included:
• Income Support and income based Job Seekers Allowance (JSA)(IB);
• housing and homelessness assistance;
• Housing and Council Tax Benefit;
• Working families' Tax Credit;
• A social fund payment;
• Child benefit; or
• Any disability allowance.
These are all income-related benefits
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

on behalf of the child you can only claim DLA in case of disability

[mikilo2008]

Child benefit included:
• Income Support and income based Job Seekers Allowance (JSA)(IB);
• housing and homelessness assistance;
• Housing and Council Tax Benefit;
• Working families' Tax Credit;
• A social fund payment;
• Child benefit; or
• Any disability allowance.
These are all income-related benefits
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

on behalf of the child you can only claim DLA in case of disability

Hmmm in short we are not entitled to any public fund that's the gist. I hope we will be eligible to pay as a home student if we decide to go to university

[mam2]

Being a home student will not depend on your zambrano right. It depends if you have lived here for 3 yrs and not purposely to study. It also depends on the university. Some ask for proof of this. Others don't do. You only provide the information on the fees status form.

[progeny5kay]

I just hope there is a ground for me to challenge this in court not because i want to sit on benefit cos God knows i hate hand out but as a matter of principle and also for people in the future who might not have any means than this kind of benefit people shouldn't be treated like they are not part of the community they have lived in for many years

[progeny5kay]

Hi all does anyone knows why Home office have not started issuing Zambrano Application with a derivative residence card since the regulation has been sorted to reflect zambano life is getting harder

[progeny5kay]

keep this post alive people

[progeny5kay]

keep this post alive people

First Zambrano Derivative Residence Card has been issued in this Forum to Nat1979 I read it on another thread just to let you all know

[Prince74]

keep this post alive people

First Zambrano Derivative Residence Card has been issued in this Forum to Nat1979 I read it on another thread just to let you all know

Praise The Lord !

[GLH2012]

keep this post alive people

First Zambrano Derivative Residence Card has been issued in this Forum to Nat1979 I read it on another thread just to let you all know

Praise The Lord !

Alleluyah!!!
Pra....pra....praise the Lord!!!!
Frustration, hardship and depression get thee behind us in Jesus Name, Amen!!!!

[Prince74]

keep this post alive people

First Zambrano Derivative Residence Card has been issued in this Forum to Nat1979 I read it on another thread just to let you all know

Praise The Lord !

Alleluyah!!!
Pra....pra....praise the Lord!!!!
Frustration, hardship and depression get thee behind us in Jesus Name, Amen!!!!

Amen, shout it out, brother !