Post
by Spirit007 » Tue May 10, 2022 8:17 am
From my understanding the Zambrano is a derived right. From the time your british child was born, that right was conferred on you. However, you still have to make a formal application which you can show to employers, landlords etc that you have a right a to enter or remain in the UK.
If the above explanation is correct, therefore, if your BC is >= 5 years on the date a decision is made and has been with you from birth (subject to evidence), then you should get settlement status. On the other hand, if BC is less than 5 at the date a decision is made, you should get pre-settlement status.
However, this does not seem to be the way HO is applying the logic. Apparently, HO's cut-off point is the date the application is received. Let's say, suppose your BC is 4.5 years at time of application and a decision is arrived at 12 months later when the BC is already 5+, HO grants you pre-settled status for 5 years and not settlement status, which in my opinion is wrong. However, some people re-apply with supporting evidence requesting settled status.
The above explanation is my personal interpretations and not sure what the correct interpretation is. I will leave the gurus in the house to through more light on this.
I know this is not the answer you were looking for, but guess it does gives you some perspective.
!! So I guess we just have to wait patiently for the 16th of May, I wonder what they have in store for us .... This waiting is giving me anxiety....
