Zambrano - UKBA announces its interpretation...

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Postby Obie » Fri Jan 18, 2013 11:48 pm

Here is DMG 34/12 and DMG 38/12.

So long as DM 38/12 states in paragraph 5, that beneficiaries of Zambrano cannot receive benefits, that is wrong. The Court of appeal has ruled against this in a case i cited, for which we are awaiting the transcript.
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Postby kofi75 » Sat Jan 19, 2013 12:23 pm

Apparently the court is trying to say that Zambrano beneficiaries who applied for housing benefit or homeless housing allocation before the passing of the new housing legislation on the 8th Nov 2012 will qualify for it.Zambrano beneficiaries after the legislation dont qualify under the habitual residence test under the new legislation.
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Postby Obie » Sat Jan 19, 2013 12:45 pm

I see. This is quite a controversial move, that may have to land in the courts again, or possibly the CJEU.
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Zambrano application

Postby bahwe » Wed Jan 23, 2013 2:00 pm

I want to make a Zambrano application DRF1 with my husband as joint carers. We are both non EU nationals and have a British child.
Are there any specific documents that can be submitted as evidence of being joint carers?
I know that we both need to make separate applications, but do we submit them together in the same envelop?

If you know how to answer the above questions or was in a similar situation, please share your knowledge.
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Postby kofi75 » Wed Jan 23, 2013 7:30 pm

Definitely,there is going to a lot of court cases as the Zambrano decisions start to trigger in.There are going to be a lot of case laws.
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Re: Zambrano application

Postby kofi75 » Wed Jan 23, 2013 7:32 pm

Hi Bahwe,
I have answered on your other thread
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Postby Obie » Mon Jan 28, 2013 9:42 pm

It appears we have not heard the last of Zambrano yet.

See Zambrano and Income Support: update on Sanneh v SSWP and recent Zambrano case law
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Postby bahwe » Tue Jan 29, 2013 9:42 am

Thank you for the link.
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Postby wiggsy » Fri Feb 08, 2013 12:36 am

Obie wrote:It appears we have not heard the last of Zambrano yet.

See Zambrano and Income Support: update on Sanneh v SSWP and recent Zambrano case law


interesting read... if this goes through well. i guess that Zambrano (Derivative residence) will allow access to IB JSA/ESA ETC?

And then its just a case of DR leading to PR.
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Postby GLH2012 » Thu Mar 07, 2013 1:27 am

wiggsy wrote:
Obie wrote:It appears we have not heard the last of Zambrano yet.

See Zambrano and Income Support: update on Sanneh v SSWP and recent Zambrano case law


interesting read... if this goes through well. i guess that Zambrano (Derivative residence) will allow access to IB JSA/ESA ETC?

And then its just a case of DR leading to PR.

Hi, what happens if a Zambrano carer is able to claim all or some of the benefits stated above before DRC is confirmed, could this impact negetively on the Zambrano application then? Any ideas please?
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Postby wiggsy » Wed Mar 13, 2013 4:02 am

GLH2012 wrote:
wiggsy wrote:
Obie wrote:It appears we have not heard the last of Zambrano yet.

See Zambrano and Income Support: update on Sanneh v SSWP and recent Zambrano case law


interesting read... if this goes through well. i guess that Zambrano (Derivative residence) will allow access to IB JSA/ESA ETC?

And then its just a case of DR leading to PR.

Hi, what happens if a Zambrano carer is able to claim all or some of the benefits stated above before DRC is confirmed, could this impact negetively on the Zambrano application then? Any ideas please?


:S who knows... but the ruling of the ride to reside/work in the country doesnt mention not being a burden on the state etc... its all open isnt it... - a british sole carer of a child does not need to work until the age of 3 of the child... (or is it 4? - they claim income support) - after which they are moved onto JSA and expected to find suitable employment of at least 16 hours a week... - eu law states equal treatment... therefore .... ?
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Postby wiggsy » Thu Apr 04, 2013 3:55 am

Obie wrote:Here is DMG 34/12 and DMG 38/12.

So long as DM 38/12 states in paragraph 5, that beneficiaries of Zambrano cannot receive benefits, that is wrong. The Court of appeal has ruled against this in a case i cited, for which we are awaiting the transcript.


obie, do you have the transcript yet?
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Postby Obie » Wed Apr 10, 2013 8:41 pm

A dissappointing Judgement for Zambrano applicant.

Permission was refused at the substantive hearing, and Interim relief was not granted.
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Postby wiggsy » Wed Apr 17, 2013 1:51 pm

thats a bad thing for zambrano... right?

Also, I'm not sure if this is going to be helpful at all to Benefits ETC entitlement... but in response to DWP who refused to pay for my wife in Nov when i had a short IS claim whilst unable to work...:
http://our-ukba-battle.tk/web_images/em ... _funds.jpg

The amount of time they must've spent arguing this with me must of come to more than the sixty or so quid they'd of had to pay...

They gave me a written decision notice issued on 8th April stating that they are not paying the increased premium for my wife (months after the end of the claim i might add). I therefore submitted a letter of appeal. - to which I will take to court if necessary... They themselves are not sure if I fall within the remit of Directive 2004/38/EC. - as Im sure UKBA are not sure...
(I married my wife after returning to the UK... - but upon return to my home member state I am the holder of a passport issued by another EEA memberstate...) - There is no time limit for this? - I understand the Singh case etc... stating lived together - but this case PREDATES Directive 2004/38/EC...

Heres hoping :)

Whilst I understand Zambrano are now excluded from the right to reside for the HRT, whilst an EEA2 app for "Spouse of" is in, she has right to reside by virtue of Reg 9. therefore would pass the HRT.
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Postby wiggsy » Sat Apr 20, 2013 10:42 pm

Right... Zambrano no accessing benefits (not resident for Income Support / JSA / ETC)

Shouldnt the case law of Shah v Barnet LBC in 1983, which the guidance paraphrases as someone:-
living lawfully in the United Kingdom voluntarily and for settled purposes as part of the regular order of their life for the time being, whether they have an identifiable purpose for their residence here and whether that purpose has a sufficient degree of continuity to be properly described as “settled”.

have the Zambrano cases which are currently ongoing sited this case law yet?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

-----

and this was a divorce case, but focused on Habitually Residency (the husband argued the UK could not handle the case as the wife was not habitually resident in the uk) - this case does site ALOT of HR case law though....
http://www.familylawweek.co.uk/site.aspx?i=ed907
Marinos v Marinos [2007] EWHC 2047 (Fam)
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Re: Zambrano - UKBA announces its interpretation...

Postby vinny » Wed Apr 29, 2015 12:54 am

Please click on any given links for further information.

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Re: Zambrano - UKBA announces its interpretation...

Postby vinny » Mon Oct 03, 2016 9:09 am

Please click on any given links for further information.

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Re: Zambrano - UKBA announces its interpretation...

Postby Petaltop » Tue Oct 04, 2016 4:50 pm

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