Zambrano - UKBA announces its interpretation...

[Obie]

The Court of Appeal has confirmed the Zambrano Parents can indeed claim benefit. It unravels UK National legislation before it even took effect.

[pads]

can you now apply for family permits under zambrano from outside the uk?

Thanks pads x

[GLH2012]

can you now apply for family permits under zambrano from outside the uk?

Thanks pads x

I think you can

[Prince74]

can you now apply for family permits under zambrano from outside the uk?

Thanks pads x

I think you can

My second CoA will expire on 12 December 2012. On 8 November, my solicitor wrote to the UKBA to inform them about it and to remind them to deal with my outstanding Zambrano application in light of the amended Regulations. On 19 November my solicitor received a letter from UKBA with Zambrano application form asking us to complete and return it with evidence that my wife and daughter are dependent upon me within 21 days. In their letter, they stated that they are now considering Zambrano applications.

If anybody has received this sort of letter from the UKBA, please let us exchange views.

[GLH2012]

can you now apply for family permits under zambrano from outside the uk?

Thanks pads x

I think you can

My second CoA will expire on 12 December 2012. On 8 November, my solicitor wrote to the UKBA to inform them about it and to remind them to deal with my outstanding Zambrano application in light of the amended Regulations. On 19 November my solicitor received a letter from UKBA with Zambrano application form asking us to complete and return it with evidence that my wife and daughter are dependent upon me within 21 days. In their letter, they stated that they are now considering Zambrano applications.

If anybody has received this sort of letter from the UKBA, please let us exchange views.

Hi Prince 74, a few of us indicated that we received this application form. I received mine on Thursday with a new CoA because my old one expired on the 2nd of November.

[Prince74]

can you now apply for family permits under zambrano from outside the uk?

Thanks pads x

I think you can

My second CoA will expire on 12 December 2012. On 8 November, my solicitor wrote to the UKBA to inform them about it and to remind them to deal with my outstanding Zambrano application in light of the amended Regulations. On 19 November my solicitor received a letter from UKBA with Zambrano application form asking us to complete and return it with evidence that my wife and daughter are dependent upon me within 21 days. In their letter, they stated that they are now considering Zambrano applications.

If anybody has received this sort of letter from the UKBA, please let us exchange views.

Hi Prince 74, a few of us indicated that we received this application form. I received mine on Thursday with a new CoA because my old one expired on the 2nd of November.

I thought I was the only one that received it. Apart from you, who else on this forum received this form. When are you sending your form back? I was given 21 days by which I should return it and I am meeting my solicitor tomorrow so that we can complete the form together and she will send it off before Friday, the 30th. The deadline given to us is the 6th December.

[easy77]

A friend of my received the form as well on 16 Nov and as posted it back to UKBA. They did not issue a new COA even though hers has expired but asked for her to send her passport and 2 passport photographs so they can issue her residence permit. She initially asked for her passport from UKBA.

[debab]

A friend of my received the form as well on 16 Nov and as posted it back to UKBA. They did not issue a new COA even though hers has expired but asked for her to send her passport and 2 passport photographs so they can issue her residence permit. She initially asked for her passport from UKBA.

I received the form as well on the 19 of Nov 2012,posted it back on the 20.They did not issue a new COA,and mine expired 10 of October 2012,they asked me to send 2passport photographs,they said the passport photographs will be used for derivative residence card,which if issued,will be fixed in my passport in the form of vignette.

Any News Regarding derivative residence card?

[kofi75]

DMG 38/12 Zambrano right to reside
DMG34/12 right to reside
DMG is decision makers guidance.
This gives you the memo sent to caseworkers to make decision on derivative residence card as of 8 November 2012
The homeoffice has not put it up yet on their website.Hope it helps those who are yet to apply and what they are looking for

[Directive/2004/38/EC]

DMG 38/12 Zambrano right to reside
DMG34/12 right to reside
DMG is decision makers guidance.
This gives you the memo sent to caseworkers to make decision on derivative residence card as of 8 November 2012
The homeoffice has not put it up yet on their website.Hope it helps those who are yet to apply and what they are looking for

If you have them, can you please provide the full name, reference number and date of issue of these documents. Who are they issued by, e.g. a department name?

Do you have links to any other "DMG"s? I have never seen one before.

[kofi75]

Just google DMG 34/12 and DMG 38/12.It is a memo sent to all decision makers on the implementation of the 2006 EEA immigration regulation which came into effect after 8 November 2012.This was specifically sent to the DWP

[Obie]

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.

[kofi75]

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.

[Obie]

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

[bahwe]

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.

[kofi75]

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.

[kofi75]

Hi Bahwe,
I have answered on your other thread

[Obie]

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

[bahwe]

Thank you for the link.

[wiggsy]

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.

[GLH2012]

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?

[wiggsy]

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 .... ?

[wiggsy]

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?

[Obie]

A dissappointing Judgement for Zambrano applicant.

Permission was refused at the substantive hearing, and Interim relief was not granted.

[wiggsy]

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.