evie233 wrote:Oh OK..you are really doing a lot, if only I had someone do all these for me, I won't have to worry this much lol... She is one lucky woman..
![Very Happy :D](./images/smilies/icon_biggrin.gif)
We'll see how lucky she is when it gets to the appeal...
Rammie20 wrote:Hello everyone I have been following this forum. I was refused a zambrano application and now want to make an article 8. I went to citizen advice center for help but they claim they cannot help me with a new application whiles I have an appeal pending so am left on my own now. Pls how do I explain my financial situation on the form as am not working and they dont accept 3rd party sponsership but my ex channels the child tax credits to my accounts. Will I be deemed as receiving benefits? Thanks for your help
I'm not a lawyer,
so i really am not sure on how your situation is with regards to tax credits. Perhaps John could help you on that (There is a massive thread RE: Tax credits on the Claiming Benefits forum). If your a couple you can claim as a couple, but from what your saying I gather (assume):
Your the Primary carer, the child lives with you, and your ex claims tax credits as a single parent and will therefore get working tax credits ETC too (at a couples rate)?
Does the child live with your ex at all?
http://www.hmrc.gov.uk/taxcredits/start ... dits.htm#1
You can only claim tax credits if a child lives with you, Unlike Child benefit, where you only need to put towards the childs care (IE: pay maintenance / buy clothes ETC)
The setup you have now COULD POSSIBLY get you (and the ex) into trouble, if the child doesnt live with both of you...
IF your a couple you can claim as a couple. If the child lives with your ex at some point in the week and meets the elegibility (see link above) then it is down to your ex (the claimant) what they do with the money... so giving it to you is their choice, as this would be for the childs benefit.
BEAR IN MIND:
What ever you put on the form, the home office WILL USE
EVERY SINGLE DETAIL AGAINST YOU IN ANY WAY THEY CAN TWIST! (I hate to be a scare mongerer, but when they stated "your wife has stated she is willing to express milk" in my wife's refusal...
You can put a FLR application in whilst you have a pending EEA Appeal. (
https://www.whatdotheyknow.com/request/ ... n?unfold=1 ). Your appeal is not requesting the right of residence, but simply a document
confirming it.
Perhaps point the CAB to the information. If you look at my
What Do They Know requests, then there are numerous zambrano references ETC (Search for "Zambrano" and "Derivative"). Take the info to the CAB. Alternatively, it might be worthwhile asking about the FLR application in the
General Immigration Forum or
Immigration for Family Members