Amid wrote:mam2 wrote:DRC is Derivative Residence Card. What will be issued for zambrano applications. He meant its free if you cant afford the article 8 application.
Thanks for the reply,do you mind if I ask if an applicant is successful after a flro application and given 2.5yrs stay, Don't know if it's called discretionary leave to remain or limited leave to remain. However my question is what is the difference between DLR or LLR which comes from flro section 8 and DRC which comes from Zambrano. Please excuse me if it's a stupid question ,I really don't know.
hey,
well the thing is, legally from case C-34/09, you have the right to live and work in the uk. the UK do not interpret the ruling as it was clearly stated...
so nothing "bad" can really come of it, if you do apply... ukba are very unlikely to attempt to remove you etc, as it breaches EU law. and they know it...
my wife has reported to UKBA since 2010, and they keep trying to talk her into leaving voluntary. - they even offered to pay for all the flights for me, our kids and her on one occasion... (how kind of them eh)...
but currently, the differences...
Zambrano will not let you get ILR ... - its stated on UKBA website.
how legal this is in the eyes of the ECJ, im not sure, somebody needs to challenge it.. but will take five years im guessing? - they only just start to issue a DRC, so nobody could possibly get PR until five years time... - therefore refusals cannot be for another five years? = - (cant take it to court until your actually refused PR right?)
FLR / DL ETC... it leads to ILR after ten years... - however, the application is every 2 n 1/2 years , so four applications = 4 grandish... - each time, unsure if it will get approved... (like with a derivative residence card)...
i would say in the current circumstances, FLR is better - and with the information posted previously - even if a FLR does fail, it should win on appeal - as you would need to take your child out of the EU, which C-34/09 says isnt allowed etc...
but DRC is a good temporary measure, esp if you cannot afford the fees for the flr application... - but surely the guidance should be the same for both the DRC and EX.1. of the FLR application?.... - jokers really eh...
but for an update on my wifes:
applied: 15/1/13
first COA sent (no right to work): 29/1/13
Complained loud and hard - emails, post, mp etc on basis of C-34/09 etc...
second COA sent (with right to work): 14/2/13
= keep sending additional info via email / letter etc...
(my wifes DRC application is based on two british children, one is now 8 months old. the other 3 years. - and also my "primary carer" - with lots of medical records with back problems, medication lists sent to ukba, and a letter of authorisation to contact my gp. - i also applied for a blue badge, which LA issued without any fuss - the qualifying factor being "virtually unable to walk" - the dr for LA actually told me to apply for DLA with my health too.... so with all of that evidence,.. im pretty sure that ukba cant assume that I could care for my two young kids, = note: that the ruling also states that the children have to enjoy their life as any other EU citizen child would...)
http://www.un.org/cyberschoolbus/humanr ... nchild.asp
United Nations - Declaration of the Rights of the Child
1 All children have the right to what follows, no matter what their race, colour sex, language, religion, political or other opinion, or where they were born or who they were born to.
2 You have the special right to grow up and to develop physically and spiritually in a healthy and normal way, free and with dignity.
3 You have a right to a name and to be a member of a country.
4 You have a right to special care and protection and to good food, housing and medical services.
5 You have the right to special care if handicapped in any way.
6 You have the right to love and understanding, preferably from parents and family, but from the government where these cannot help.
7 You have the right to go to school for free, to play, and to have an equal chance to develop yourself and to learn to be responsible and useful.
Your parents have special responsibilities for your education and guidance.
8 You have the right always to be among the first to get help.
9 You have the right to be protected against cruel acts or exploitation, e.g. you shall not be obliged to do work which hinders your development both physically and mentally.
You should not work before a minimum age and never when that would hinder your health, and your moral and physical development.
10 You should be taught peace, understanding, tolerance and friendship among all people.
Article 6 should have a strong bearing in all cases....
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- forget EU law, but lets think bigger... This is something that even America ETC follow...
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Actually, the FULL unsimplified version is even better for the wording...
http://www.un.org/cyberschoolbus/humanr ... /child.asp
Mothers who are non-eea with very young children should stand an even better chance...
The child, for the full and harmonious development of his personality, needs love and understanding. He shall, wherever possible, grow up in the care and under the responsibility of his parents, and, in any case, in an atmosphere of affection and of moral and material security; a child of tender years shall not, save in exceptional circumstances, be separated from his mother. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Payment of State and other assistance towards the maintenance of children of large families is desirable.
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- i have a Freedom of Information request in ATM, well a few...
one asking for all guidelines on Derivative Residence, which should of been replied to yesterday - i got a response telling me that "Due to Operational issues it cannot be completed on time..."
https://www.whatdotheyknow.com/request/ ... ing-374051
* ive filed a complaint with the information commissioner about this now...
and one asking for how its possible for somebody with Derivative Residence to gain PR / ILR...
https://www.whatdotheyknow.com/request/ ... ion_to_ilr
(got a little antsy with them though... - due to many many emails being sent to them at Euro team)
and this one questions how the non eea parent could travel in and out of the uk without a DRC...
https://www.whatdotheyknow.com/request/ ... ing-373550
(got lots of FOI requests to UKBA on there... - lots of information which could help people on WhatDoTheyKnow... or actually spark your own request which could be of help
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