Toledos wrote: ↑Mon Feb 03, 2020 11:06 pm
Good evening all.
I applied for pre-settled status as primary carer of British child, who is 17 now. For next cople years will be a student.
My biometrics done 26.11
COA i received dated 13.01, after i called and asked, its was sent to me.
I have current visitors visa till March 2020,i could not apply to bring my kid here under other types of visa, i could not apply stay with child under British law.
So this was only solutions.
Its very important for me to have right to work, becouse i nearly spend all my savings.
Father of my child, dont support and did not see child few years.
My kid is British citizen, and my ex husband too.
My questions is:
1. What will happened next with my pre-settled apllication and how long its takes to receive decision. ( i called to resolution centre and them told me, that its with case worker, if thrm will need any thing, i will be contacted).
2. How its possible for me to have right to work, before i will have decision?
I will be tyankful for any advice from you.
Regards
Toledos
The problem of Zambrano principles under eu wider laws or eea case law derive right is that, there is something called Limitation or End of Right under regulations 16(6)
You may be disappointed as your child is already 17 or 17 and above, Home is going issue to you the only REMAINING RIGHT that the got under EEA regulations to be a minor Union member.
Meaning if your child 17 years and 6 months, Home Office will only issue 6 month residence card.
If by the time the also make a decision and your child is 18 years then your application would be refused. This is be your child can not help you to derive benefits under regulations 16(6)
In EU Derive law under Zambrano , derivative stops when your child turns 18 years.
Theres a proper way to go about this Toledos.
1. To seek entry clearance under domestic immigration UK law as a parent of a british child who is still under 18 years.
2. Under outside immigration rules
3. Under human rights rule
With these applications when your child turns 18 years and still not decided, Home Office will still accord you that benefit of applying before your child became 18. This is enshrined in british immigration law.
Again pre settle status can never be used for family unification or to bring others to the UK
Those with EEA EU rights and have got pre settled status would be able to rely on their old right under freedom of movement and benefits within this implementation period.
That is why I always say to people to also do application under EEA REGULATIONS especially those other derivative residence applications not Zambrano derivative because your rights are still under eea regulations.
Settlement Scheme is a British promise and not EU law and has so many broken bridges.
Hope this will help you make a proper decision
he never give up..
, it obviously doesn't exist and trying to get me to accept 6 months wait as normal because it once was the standard. The settlement scheme if completely different from all previous processes.