Dear All,
I need your help on zambrano carer refusal of my friend who is unable to access IT help.
Please see following response from home office.
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You are applying on the basis that you are the primary carer of your mother.
Although the Home Office have accepted that you are the primary carer of your mother but you have not demonstrated that would be unable to reside in the
UK or in another EEA state if you were required to leave for an indefinite period.
The above line is used to encapsulate Regulation 16(5)(c) of the EEA Regs. Reg
16(5)(c ) is considered by assessing whether:
• any alternative care arrangements are available; and
• the Patel consideration.
A Zambrano application centres on a person seeking to remain in the UK as the
primary carer of a British citizen. There is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).
Where a person wishes to remain in the UK on the basis of family life with a British
citizen, they can make an application for leave to remain under Appendix FM to the
Immigration Rules. A derivative right to reside is a right of last resort which only
applies if a person has no other means to remain lawfully in the UK.
Your application is refused for the following reason:
• You have made no attempt to regularise your stay in the UK through an application made under the UK's domestic immigration law.
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Could you please help here what should I do and please advise on following quetions?
- What should I consider in my appeal?
- I am not eligible for other visa application and clearlerly mentioned in my appliction. However, they have refused. I am wondering that they only given one reason of refusal that I did not made any attempt through other application. I would like to know will other matters will be argued in appeal.
- what is hearing time for appeal?
Thanks
