Updates on Zambrano applications

[netqueen]

Hi Topsibelle,
I am amazed at what you have just written. so want to ask you a question, with the child benefit how did you do it? Because I also applied and was refused and do not know what I did wrong. I did not included my COA though but gave them a certified copy of my daughter's British passport, so do shed some light on this pls. lastly if I may ask have you overstayed or currently legal and using Zambrano route to extend your stay. cannot pm you as my post are not up to ten yet. thanks

[Shondra Sharma]

@netqueen did you applied zambrano? You also both overstayer and your child is british (child born and lived in uk for 10 years category). What @topsibelle told about child benefit? its quite surprising even if your zambrano application is accepted, you not allow any public fund. child benefit accepted for parents not for children. But we parents are either overstayer or limited leave to remain. When did you apply zambrano? but zambrano doesnot lead to settlement. I am sticky with flr(0) application.

[netqueen]

Hi shondrasharma

Yes I did make a Zambrano application and yes both my spouse and I have overstayed and the our girl is British because she has lived here for the first ten years of her life.
My child benefit application was refused too that is why I am amazed at what Topsibelle wrote and asked her those further questions. If she gets back to clarify or answers the questions then I am sure I will put in another application for her child benefit and hope it succeeds this time.
I know Zambrano does not lead to settlement but with the Flr(o) application I understand you have to be a single parent to make that application.( Especially the one with a child who has lived here for seven years) My spouse and I live together and so cannot make that mistake for solicitors to appeal and take more money that I do not have.
In addition to that I read somewhere on this forum that you can also apply for family leave to remain when you have Zambrano, I am looking at doing that. Main point is this with Zambrano approved I can work whilst the FLr(o) application is still ongoing, hope this helps.
Best of Luck.
My friend have had her derivative residence card issued and it was issued to her and her husband as well, joint primary carers, for once Home office have made good decision.

[Shondra Sharma]

hi netqueen

I think we can't qualify to take a child benefit. When your child got british citizenship? did you apply flr(o) under 7 years rule before? why not flr(0) for both parents under child is british citizen? Because our child is together from the birth, we married here in uk before our child is born? Zambrano no doubt if both parents are overstayer, if you have a british child, it will be granted. How comes when you got a zambrano residence card, you able to flr (0)? is it possible. Does anyone whose (both parents overstayer) got a british child and apply flr(0) and refused? did you apply flr (0) when your child is british citizen?

[netqueen]

Shondra

I have sent you a private message. hope that helps

[netqueen]

Hi Shondra

read this it will help answer some of your questions.
appealalready has written something on some of the questions you still have.

Hi Guys,

@dalebutt,

You are correct. Very few people get recourse to public funds and those who do usually stay quiet about it. If you ask the Home Office, they are pretty unlikely to say yes, even if you are destitute. There is a loophole, however. If you apply for FLR(O) with a fee waiver and that fee waiver is accepted, you are to be granted Family Leave to Remain with recourse to public funds. They don't have a choice.

@Great Full,

They run concurrently. A derivative residence card is an EU level right, whereas family leave to remain is a UK right. I will try to find the Freedom of Information act request in which The Home Office says so and paste the link.

The existence of two concurrently bothers the UK. That is why so many people are being rejected for a derivative residence card. The UK does not like being told who to accept through its borders. The rejections are effectively political in nature, and not because people didn't prove they qualify (in many cases). That is why, I predict that if the UK abandons the European Convention on Human Rights, many derivative card holders will lose their status. Many are winning on human rights grounds only, and failing to challenge the First Tier Tribunal on their refusal to award a right to reside based on the Zambrano, Chen, Singh category.

From: European Operational Policy Enquiries UK Border Agency
7 January 2013
https://www.whatdotheyknow.com/request/ ... sidency_an

Per the Home Office, "It is possible for a person to have a right of residence under EU law and to also have a valid grant of leave under the Immigration Rules at the same time."

[Shondra Sharma]

Thanks @netqueen. Please check your inbox.

[Shondra Sharma]

@netqueen plz check inbox.

[MalikaHalen]

Hello Every One

i am new user at this forum, i am parents of British child (born -2013), briefly, i came UK in 2009 on student visa, make application for student extension but return as invalid and by the time to make new application i was over stay more then 28 days, and become overstayed, now my question is this that shall i make application under Zambrano or FLR (FP) as parent of British Child under 5 year route ?

also my husband is calming child benefits, will this effect on my application.

Many thanks

[MalikaHalen]

HI

Any one please help me.

waiting for response.

Many thanks

[fm9]

Hello Every One

i am new user at this forum, i am parents of British child (born -2013), briefly, i came UK in 2009 on student visa, make application for student extension but return as invalid and by the time to make new application i was over stay more then 28 days, and become overstayed, now my question is this that shall i make application under Zambrano or FLR (FP) as parent of British Child under 5 year route ?

also my husband is calming child benefits, will this effect on my application.

Many thanks

Hello people hope u are all doing great, and hope u guys memeber me..fm9, i left to chase the parent as BC as homeoffice advice me to apply for, i did the application on the 18/01/14 and i have been granted 2.1/2 years. thank God. He makes all things beautiful in his own time. finally freedom.......

[fm9]

I submitted an application as Parent of a British Child. My application timeline:
Hi ya, pls i need your advice. My visa expires in 3weeks time and want to apply for leave to remain as a parent to a british child. what form do i need to fill and documents required.

thanks

hello, sorry for the long delay in replaying, i filled the FLR( FP) FORM,

[appealalready]

https://www.gov.uk/government/publicati ... 11-to-2013

This table below shows the number of Zambrano applications, broken down by case-type, received from 1 March 2011 to 30 September 2013 (which is the latest date for which figures are available).

The case-types are split by case outcomes, including cases refused and cases granted. Cases which are still are still awaiting a decision come under the ‘pending’ category.

Figures have been rounded to the nearest 5 (- = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding.

Case-type Granted Refused Rejected Other Pending Total
EEA Zambrano 95 1170 1725 105 780 3875
EEA - Zambrano - Direct Family Member 20 185 40 45 570 860
EEA - Zambrano - Extended Family Member - 15 5 10 95 125
EEA - Zambrano - Spouse/Civil Partner - 5 * 5 25 35
TOTAL 115 1375 1770 165 1470 4895

[Topsibelle]

Hi @netqueen,

I applied for child benefits and tax credits and got both...that's the gospel truth. My older daughter is a British citizen thru registration after living here for 10 years. She was born in 2003. I came here illegally with my husband. I applied for housing and council tax benefit on the 3rd March 2014 and was awarded on the 2nd April some housing benefits but not council tax benefits. My husband works, I don't.I included my COA in my application, I haven't lied about anything I've written here. With COA you are entitled to benefits, people need to take time to research and read up, it will help. You don't need HO permission to reside in the country as parents of British citizen...their approval is a surplus. Hope this helps.

[Topsibelle]

I still haven't received my residence card and it's exactly 6 months today. I will be writing them and complaining about this.

[netqueen]

I still haven't received my residence card and it's exactly 6 months today. I will be writing them and complaining about this.

Hi Topsibelle,


When my six months stated on COA letter was up I sent an e- mail to these two people Linda Bateman and copied Steve long as well. I Linda Bateman promptly replied and told me that within ten days I will get my documents and it was exactly as she said.
Linda's email address is Lindabateman@homeoffice.gsi.gov.uk. Stevelong5@homeoffice.gsi.gov.uk. is that for Steve long. Hope that helps. I

[Topsibelle]

It might help if someone reads this; www.gardencourtchambers.co.uk "Adrian Berry wins Court of Appeal case confirming the direct applicability of EU Zambrano rights"

I think it's important that people stop giving wrong advice that has not been researched.

[ruona]

Hi dat is good news tobishell,on do u think I can try with CPA that i can apply for benefit with coz that has excedded the 6 months mark.my case is this
Applied zambrano 2011
Got coa for jan 2012
Refuse apllication 2013
Appealed dec 2013
Appeal allowed jan 2014
Ho seek permission to apply to up jan
Application refused April 2014
Still waiting for rc
It's been really tough time so far.i hope I am getting to the end of all this trouble .thnks for sharing .

[Topsibelle]

Thanks @netqueen. I will email them. We will all have reasons to smile soon.

[Topsibelle]

Hello @ruona, I honestly don't know if you will be granted the benefits but I know I read up and researched and knew they had no rights to refuse me accessing benefits. This is because there are precedents.

[wiggsy]

Zambrano careers don't meet the Habitual residence test. ..

[Topsibelle]

Ok but I did apply with the COA and was granted. I didn't do anything dodgy.

[Topsibelle]

@wiggy pls could send a link where it states that Zambrano cases doesn't meet the habitual residence test. I have sent a link where they can apply for housing benefits.

[Topsibelle]

Hello everyone,

I sent an email to Linda Bateman explaining and quoting relevant law about the consequences of not meeting the 6 months benchmark to the issuance of the derivative card. The responded within 15mins and I will paste my emails and her replies below;

Dear Sir/ Ma,

I am contacting you regarding my application for Residence Card dated 22 October 2013. I received my Certificate of Application dated 06 November 2016.

I would like to highlight that COA sent to me stated that, "We will make a decision on the application as soon as we can and, in any event, within the next 6 months". I have read the European casework instructions and very well noted the chapter 5 and particularly 5.1.8 which I quote;

''5.1.8 Six-month rule Community law requires us to decide applications for a Residence Card within 6 months from the date of receipt of the application. Every effort should be made to do so, particularly where an applicant draws our attention to an alleged breach of this requirement. Failure to comply with this requirement could leave the Home Office open to a claim for damages".

I have to state again that the six months time frame for my application is fast approaching. Our application was received and acknowledged on the 22 October 2013. I have not as at today 24th April 2014, have our certificate of application replaced neither have I had a decision regarding the derivative residence card too which according to casework instructions every effort should be made to decide applications within the six months time frame.

There are children involved here who are British and EEA citizens respectively, I would like to draw your attention to Section 55 of the borders, citizenship and immigration act of 2009 which I quote from the European case work instruction thus:

''Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK".

I am also drawing your attention to Article 24 of the treaty of the European union to which the UK is part of. I would like to state that we have booked a family holiday for the 7th month mark and not being sent our Residence Card leaves us with with no choice but to sue the Home Office for damages and compensation. However, what damages can be paid for two children's dashed dreams of going on holiday abroad for the first time in their life?

Having quoted all that I hope you will let make a decision regarding our residence card very very soon bearing in mind that the six month time frame is very near.

I look forward to hearing from you very soon.

Her first reply below;

Please note Mr Whiteman is no longer in post.

I am the Deputy Chief Caseworker and will therefore answer your enquiry.

There is no need for you to remind me of the processing timescales for application under the EEA regulations, or indeed the requirements under section 55 etc as you note below. I am familiar with all of these.

Your application remains under consideration and enquiries are continuing on this application. You will be advised in writing when a decision is made. Part of that consideration relates to your previous immigration history in the UK.


Kind regards.

Linda Bateman

My response below;

Thanks for responding promptly to my email.

I look forward to a decision, invariably within the 6 months window.

Regards,

Her response immediately;

The decision will be made when the enquiries are completed.

If I need to authorise outside the 6 month window - I will do so.

Regards.

Linda Bateman

My reply;

Thank you Linda. I would like to point out that all our documents have been returned to us as requested and noted.

I look forward to a decision.

I feel like she's quite aggressive and threatening. Is it legal for her to request beyond the 6 months window? We have sent all requested documents which have been returned to us as they claimed the documents have been noted and no longer required. I would appreciate advice pls. Thanks

[chaoclive]

She sounds like a *********. Thing is I think she is correct. They sometimes take longer than 6 months (mainly cos they are a pack of lazy **********. This kind of person makes me so angry!!!!

See here for an FOIA request ion re: timescales: https://www.whatdotheyknow.com/request/ ... outside_of.

If I were you I'd not contact her again. If you haven't done so, you might want to contact your MP or some other migrant support group in your area to see what you can do.

Thanks a lot
CC