Latest on Zambrano Application

[ruona]

Hi everyone,i made an application on zambrano on april 2012,just got my coa today which is valid for 6months and a drc form to fill and submit and they also said that they will reply within 6 months.i will try to copy and post the form.just got them today.i m so happy cos i ve been waiting since april.gud luck to us all.

[Omonilollyjoor]

Hi congrats let's hope for the best. God is our strength .

[maittm]

hi.
For those that the Home office sent out new forms, could you kindly share on the kind of documentation the kind of documentation they needed.
all the best with yoit applications [/u]

[marina4]

hello all!
this waiting is killing ,. i just hope one would get a positive result for ukba as soon as possible.

does anyone know if someone with drc under zambrano can marry in uk to a british or ILR holder? and can one enter euro with it without a visa.
thanks all
MAITTM:****************it just the same document sent in initially to show britsih national,proof of being the main career n i form that ask u to choose which applies to ur case(ours here section 3)
thats pretty all .
hop this make sense?

[Prince74]

hello all!
this waiting is killing ,. i just hope one would get a positive result for ukba as soon as possible.

does anyone know if someone with drc under zambrano can marry in uk to a british or ILR holder? and can one enter euro with it without a visa.
thanks all
MAITTM:****************it just the same document sent in initially to show britsih national,proof of being the main career n i form that ask u to choose which applies to ur case(ours here section 3)
thats pretty all .
hop this make sense?

Just like any other UK visa, you would need a visa to enter other EU countries. I don't see the reason why someone with a DRC would be prevented from marrying.

I have once said on this forum that anyone whose application succeeds under Zambrano and the person has either a British spouse or ILR, the person can switch in country from Zambrano residence permit to a spousal visa. This is what my solicitor told me. She has looked at the immigration rule and strongly advised me to do this if my Zambrano application is successful

[Jambo]

I have once said on this forum that anyone whose application succeeds under Zambrano and the person has either a British spouse or ILR, the person can switch in country from Zambrano residence permit to a spousal visa. This is what my solicitor told me. She has looked at the immigration rule and strongly advised me to do this if my Zambrano application is successful

I don't believe this statement is true. You can't switch to a spouse visa in country if you don't have leave to remain under the UK immigration rules. DRC is not considered as such. You will need to leave the UK and make an application from your home country.

[howlong]

If so, will this DR counts towards long residence
Thank you

[Jambo]

If so, will this DR counts towards long residence
Thank you

I would think so.

[Prince74]

I have once said on this forum that anyone whose application succeeds under Zambrano and the person has either a British spouse or ILR, the person can switch in country from Zambrano residence permit to a spousal visa. This is what my solicitor told me. She has looked at the immigration rule and strongly advised me to do this if my Zambrano application is successful

I don't believe this statement is true. You can't switch to a spouse visa in country if you don't have leave to remain under the UK immigration rules. DRC is not considered as such. You will need to leave the UK and make an application from your home country.

I would appreciate it if you could give me a link to anywhere on the UKBA website where it is stated that to be able to switch in-country the leave MUST have been granted within the immigration rule.

[Prince74]

I have once said on this forum that anyone whose application succeeds under Zambrano and the person has either a British spouse or ILR, the person can switch in country from Zambrano residence permit to a spousal visa. This is what my solicitor told me. She has looked at the immigration rule and strongly advised me to do this if my Zambrano application is successful

I don't believe this statement is true. You can't switch to a spouse visa in country if you don't have leave to remain under the UK immigration rules. DRC is not considered as such. You will need to leave the UK and make an application from your home country.

I would appreciate it if you could give me a link to anywhere on the UKBA website where it is stated that to be able to switch in-country the leave MUST have been granted within the immigration rule.

Update:

My Zambrano application forms for a Derivative Residence Card has been sent back to the UKBA together with all the documents they asked for. I'll update you guys as soon as I hear anything...... Watch this space!

[Jambo]

I would appreciate it if you could give me a link to anywhere on the UKBA website where it is stated that to be able to switch in-country the leave MUST have been granted within the immigration rule.

See

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules

.

Also (although slightly different scenario from Zambrano but is based on the same immigration rule above) -

If the third country national has been issued with an EEA Family Permit and has enter the U.K. on this basis then they have opted to use European law and cannot then switch to being considered under the Immigration Rules. The only way they could then avail themselves of the Immigration Rules would be if they left the U.K. and applied for entry clearance under the Immigration Rules as the spouse of a British citizen.

[Prince74]

I would appreciate it if you could give me a link to anywhere on the UKBA website where it is stated that to be able to switch in-country the leave MUST have been granted within the immigration rule.

See

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules

.

Also (although slightly different scenario from Zambrano but is based on the same immigration rule above) -

If the third country national has been issued with an EEA Family Permit and has enter the U.K. on this basis then they have opted to use European law and cannot then switch to being considered under the Immigration Rules. The only way they could then avail themselves of the Immigration Rules would be if they left the U.K. and applied for entry clearance under the Immigration Rules as the spouse of a British citizen.

Thanks a lot, Jambo.