Updates on Zambrano applications

[kofi75]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

[mam2]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

Kofi75,

Kofi75,
Pls did your wife also apply as joint primary carer as you?
I'm confused as my friend has applied similar as yours but they are not married. Just partners.

[Prince74]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

Kofi75,

Kofi75,
Pls did your wife also apply as joint primary carer as you?
I'm confused as my friend has applied similar as yours but they are not married. Just partners.

Kofi, it shocked me that you got refused. You clearly fall within UKBA's interpretation of the judgment. Neither you nor your wife have status and your child is British, that's the requirement and you clearly meet it. The marriage certificate is just a flimsy excuse to refuse it.

You should appeal it ASAP. Am appealing mine also. Apart from submitting the appeal form, my solicitor is also going to write to them to ask them why the failed to consider the issue of my wife's dependency on me.

[labelle]

My Zambrano has been refused with the most ridiculous reasons i have ever come across.I applied with my wife as joint carers of my step-son with loads of documents showing the child is 100% dependent on us.The caseworker being ignorant refused the application on the customary marriage certificate we sent with the application.This is the wording"You have submitted a marriage certificate as evidence of your relationship but the exit stamps in your passport doesnot seem to agree with the date on the claimed wedding certificate.You couldnot have been present in Ghana on the date of marriage.It therefore calls into question the credibility of the document and your relationship.You therefore do not qualify as a primary carer of the relevant British Citizen.
The idiot has no clue about customary marriage in Ghana and even so how could you ignore all the revelant documents of dependency and refuse the application cos a marriage certificate.We have got right of appeal and the case law of McCabe V McCabe is relevant.

This is ridiculous, first of all customary marriage is recognised in Ghana , and if I'm not wrong in the uk , and you don't have be present to do it , more like a proxy marriage.
Kofi , you should appeal it , I'm sure you will win , the zambrano decision should not be based on marriage but on dependency. Seriously.ukba .smh.

[mikaela09]

Mikaela09,
Will you be appealing on paper or someone will be representing you here in UK.

Hi mam2, yeah am going to appeal on paper, Im now preparing all the documents to support my appeal,then i'll send them ASAP.

[mam2]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

Kofi75,

Kofi75,
Pls did your wife also apply as joint primary carer as you?
I'm confused as my friend has applied similar as yours but they are not married. Just partners.

Did they give to your wife or they refused her too?

[kofi75]

Even under the Customary Marriage and Divorce(Ammendment)Law 1991,it was no more mandatory to register customary marriages to make it valid.The govt advised parties to register it so they will be aware of the existence of the marriage.The validity is the agreement between the two families and the parties of the marriage.
Reference case law:McCabe v McCabe(1994)1 FLR 410,(1994)1 FCR 257
Checkout the caselaw above.They are bunch of nutters who have absolutely no regards for the law.

[kofi75]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

Kofi75,

Kofi75,
Pls did your wife also apply as joint primary carer as you?
I'm confused as my friend has applied similar as yours but they are not married. Just partners.

Yeah,we both applied as joint primary carers

[kofi75]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

Kofi75,

Kofi75,
Pls did your wife also apply as joint primary carer as you?
I'm confused as my friend has applied similar as yours but they are not married. Just partners.

they refused her based on the marriage certificate as not credible

Did they give to your wife or they refused her too?

[mam2]

But proving her relationship with her son is through birth certificate not marriage certificate. Why did they not even look at the other evidence provided. Hmm I think they have bitten more than they can chew. Complete mess.

[kofi75]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?

No,we fall within their own scope judgement.Just a flimsy excuse to refuse the application.I am not applying for residence card based on my marriage.The caseworker is just a complete nutter

Kofi75,

Kofi75,
Pls did your wife also apply as joint primary carer as you?
I'm confused as my friend has applied similar as yours but they are not married. Just partners.

I have sent my appeal already as the decision came in 3days ago.I have sent the caseworkers guidance with the appeal bundle for the judge to review and tell me where we fall short.I sent a caselaw on the legality of customary marriage in English law.We have a big album of our customary marriage in Ghana as my wife was then in Ghana and i ll going court with it.it is silly to refuse a Zambrano application on a marriage certificate.I could still qualify as a primary carer if we were not married

Kofi, it shocked me that you got refused. You clearly fall within UKBA's interpretation of the judgment. Neither you nor your wife have status and your child is British, that's the requirement and you clearly meet it. The marriage certificate is just a flimsy excuse to refuse it.

You should appeal it ASAP. Am appealing mine also. Apart from submitting the appeal form, my solicitor is also going to write to them to ask them why the failed to consider the issue of my wife's dependency on me.

[kofi75]

But proving her relationship with her son is through birth certificate not marriage certificate. Why did they not even look at the other evidence provided. Hmm I think they have bitten more than they can chew. Complete mess.

I am well ready for court cos i have well enough evidence to win this case and if the English courts prove stubborn then it will end up in the ECJ

[Amid]

im sure theres other stuff people can post to help you decide... but if you cant afford the cost... definately start off with the DRC.

(Question: How are you living in the uk atm... - ie: food/money ETC... could the application cause you problems?...
note: Derivative right of residence, an application is not mandatory... - this is even stated on UKBA's website, it says you could have problems finding employment, but it does not say you cannot gain employment unless you register ETC...

Thanks everyone for the replies, I will answer your questions on how am living,my daughter daddy transfers £67 to my account every monday he told me that is child tax credit he gets for her,sometimes it's slightly less some times it's more. He also transfer £81 every month end for her,which he say is another child benefit and when he feels like he add £100 of his own money to it every now and again. I'm a very creative person, I work from home,yes am self employed. I Don't earn an awful lot,me and my child are just barely living. All of it goes back in rent,council tax,edf etc you name it. I don't know if the application will end up causing me any problems,what I know is I do not want to provide NO bank statement or proof of accommodation like rent receipts or tenancy agreement because they may open up a can of worms as to how I got a bank account and how these bills are being paid. Any advise on this will be appreciated.

On another note please explain this to me what is DRC? but if you cant afford the cost... definately start off with the DRC.

[Prince74]

But proving her relationship with her son is through birth certificate not marriage certificate. Why did they not even look at the other evidence provided. Hmm I think they have bitten more than they can chew. Complete mess.

They are clearly making wrong decisions on these Zambrano applications. Marriage is totally irrelevant, what is central to the Zambrano judgment is the issue of DEPENDENCY.

[mam2]

Exactly what I thought. We the first batch would probably be paving way for future decisions because its more like we are paying for their ignorance of the judgement.
They need more training, and that is if they have had any at all.

[Amid]

Hi guys can someone please advise me,I'm from a non EEA country, Caribbean origin,my child is 5yrs old was born here,and has her B.pass port,her dad is British citizen. He's married now and in a new relationship,and my child is not welcome by his wife. Besides he has a business in Nigeria and spend a few months a year over there. My daughter never spend more than 20 min with her father and hardly knows him. I am the sole care and only parent in many ways. Can I apply down the Zambrano route and what are my chances? I forgot to mention ,I overstayed 8yrs now and my daughter's dad do not have any medical condition. Please advise.

OR am I better off going for DLR on form FLRO which carry a cost of £561 for the HO fee,not to mention the solicitor fee somewhere in the region of £800. Please say which applies to me.

the choice is yours to make... but:
consider the following:
currently:
EEA route is "free",
DOES NOT allow you to gain PR / ILR (even 10 yr route)

FLR(O):
is not free.
DOES allow PR/ILR on the 10 yr route.
Requires 2.5 yrs reapplications
has guidance that states:

the Immigration Directorate Instruction Chapter 8 'Guidance on application of EX1 – consideration of a child's best interests under Appendix FM (family rules)' where Zambrano is specifically referenced (paragraph 7) to inform the guidance that:

"11. In cases where the decision being taken in respect of the person with parental responsibility would require that person to return to a country outside of the EU then the case must always be assessed on the basis that it would be unreasonable for the child to leave the UK with their parent. In such cases it will usually be the case that the person with parental responsibility will be allowed to stay in the UK with the child provided that there is satisfactory evidence of a genuine and subsisting relationship."

im sure theres other stuff people can post to help you decide... but if you cant afford the cost... definately start off with the DRC.

(Question: How are you living in the uk atm... - ie: food/money ETC... could the application cause you problems?...
note: Derivative right of residence, an application is not mandatory... - this is even stated on UKBA's website, it says you could have problems finding employment, but it does not say you cannot gain employment unless you register ETC... )

Thanks everyone for the replies, I will answer your questions on how am living,my daughter daddy transfers £67 to my account every monday he told me that is child tax credit he gets for her,sometimes it's slightly less some times it's more. He also transfer £81 every month end for her,which he say is another child benefit and when he feels like he add £100 of his own money to it every now and again. I'm a very creative person, I work from home,yes am self employed. I Don't earn an awful lot,me and my child are just barely living. All of it goes back in rent,council tax,edf etc you name it. I don't know if the application will end up causing me any problems,what I know is I do not want to provide NO bank statement or proof of accommodation like rent receipts or tenancy agreement because they may open up a can of worms as to how I got a bank account and how these bills are being paid. Any advise on this will be appreciated.

On another note please explain this to me what is DRC? but if you cant afford the cost... definately start off with the DRC. Sorry am new to this forum business and sometimes I get my post all mix up.

[mam2]

DRC is Derivative Residence Card. What will be issued for zambrano applications. He meant its free if you cant afford the article 8 application.

[Amid]

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.

[wiggsy]

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.... - forget EU law, but lets think bigger... This is something that even America ETC follow...

[edit]
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.

[/edit]



- 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 )

[Amid]

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 gender, 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.... - forget EU law, but lets think bigger... This is something that even America ETC follow...

[edit]
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.

[/edit]



- 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 )

Thanks somuch for the reply. I understood clearly as day what your're saying. I wish your wife all the best,there is not much room for them to refuse her. On another note,how ironic that Zambrano is free and the applicants get quick reply and decision and the flro people pay so much and get treated so badly,they hear nothing for months upon months. I made up my mind I will defo go for flro but am not paying no solicitor unless I get refuse then I would pay one for the appeal stage.

[mam2]

@ wiggsy,
I've been following requests based on zambrano from FOI and it amazing how many requests you have made and keep making and yet they toss you up and down.
Everyones case is different but what we all have in common is the element of dependency which zambrano should consider. As I have said before, they need training,proper training to make proper decisions.

[Prince74]

@ wiggsy,
I've been following requests based on zambrano from FOI and it amazing how many requests you have made and keep making and yet they toss you up and down.
Everyones case is different but what we all have in common is the element of dependency which zambrano should consider. As I have said before, they need training,proper training to make proper decisions.

I disagree that they need training, what is needed is change of policy in relation to Zambrano cases. Caseworkers are simply following guidance issued to them and the guidance is simply a simplified form of the policy.

[yahwadud]

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 gender, 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.... - forget EU law, but lets think bigger... This is something that even America ETC follow...

[edit]
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.

[/edit]



- 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 )

hello wiggsy. i think you are wrong about the extention of flro under the 10 yeras route.once granted limited leave(2.5 years) from the start,the applicatant will automatically be able to renew the visa four times until its 10 yrs is complete before applying for ILR(the applicant must make sure visa is renewed 28 days before (2.5 years)visa expired

[yahwadud]

wiggsy. any applicant that is granted 2.5 years limited stay would automatically be able to get extention for that visa for 4 times until 10 years is completed then ILR is due

[mam2]

Sorry to take you back again.
@Kofi75
What grounds did ukba tell u to appeal? Pls if you don't mind. Thank you.