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Can you prove your 5 years residence? Having a 2 year old has nothing to do with it. The 5 years residence does not have to be the 5 years preceding the application.
ThanksTopsibelle wrote: ↑Tue Jun 11, 2019 10:45 amHi,
Please go through the form, there is a space link your applications together I.e passport no of other people you are applying with.
I sent my application in the same envelope with my husband and we are using almost the same proof of residence and relationship.
It's really quite simple and straightforward to complete.
Yes tick the 1st option.ziggylad wrote: ↑Tue Jun 11, 2019 11:31 amThanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?
Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen
Hello,Topsibelle wrote: ↑Tue Jun 11, 2019 11:36 amYes tick the 1st option.ziggylad wrote: ↑Tue Jun 11, 2019 11:31 amThanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?
Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen
Section 6....There is no reason whatsoever why the British citizen would have to leave the UK as this our home. We have no reason to leave our home.
Write that.
All the best.
Thank you very much. I have drafted my appeal and will send it in. I agree with all you wrote. However, for the FM 10 year route people, l agree but as the EU settlement scheme is free then it's worth trying.Nyamebeye wrote: ↑Tue Jun 11, 2019 8:56 pmHello,Topsibelle wrote: ↑Tue Jun 11, 2019 11:36 amYes tick the 1st option.ziggylad wrote: ↑Tue Jun 11, 2019 11:31 amThanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?
Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen
Section 6....There is no reason whatsoever why the British citizen would have to leave the UK as this our home. We have no reason to leave our home.
Write that.
All the best.
Just to be clear, if the child's other parent is a British Citizen, your Zambrano application will fail. The HO is clear about this. If you have time, read the case of Patel and Shah which the Supreme court recently heard (7th May 19) and we are awaiting decision. Its a very complicated case.
The bottom line is the British citizen child will not be forced to leave the UK if the other parent is British and able and willing to look after the child. the test here is compulsion not choice. Will the British child be compelled to leave the UK or EU when the third country nation is asked to leave?
Topsibelle, you have a good case because neither you nor your husband is British. That was same as my case which I won at Upper tribunal. So technically if we were asked to leave, then our child will be compelled to leave. Same as Ruiz Zambrano and his wife who were Colombian nationals.
The application appears straightforward to complete but its tricky. It requires legal advise.
Also anyone with 2.5 years limited leave will fail Zambrano application. The route is not for you.Its for people who have no other means or legal right to remain tin the UK. The HO is not that kind to grant you indefinite leave after 5 years when they have put you on a 10 year route. just think about this.£2033 vrs £0.
Topsibelle, just to clarify the EEA regulations/rules have not changed. Its only the guidance notes that the HO has amended which all legal reps I have spoken to have said it is illegal. Thats just like a manual. EU laws are different from domestic laws and as such they cannot force everyone to apply under domestic rules. This is like telling a German nation to apply for work permit under UK immigration rules when they can freely work here without the need for work permit under EU laws.
The 5 years qualifying period starts from when you became the primary carer of the British child not when the derivative residence card was issued to you.
For example, your child was registered as a British citizen when they turned 10 years in August 2014. You applied for derivative residence card in Dec 2015 which was issued in April 2016. Your five years qualifying residence starts from when the child got their British registration certificate in Aug 2014 so you qualify for indefinite in Aug 2019 not April 2020 (Read the case of Sanneh).
Thanks
Please what happens to a person who had a zambrano residence card for five years and is now with leave to remain 2.5 years.
Sadly as you have converted to leave go remain under immigration rules, it will be difficult and almost impossible to use Zambrano again.
Ok thanks for your reply.I am applying for settled status based on 5 years on zambrano without leave to remain.Nyamebeye wrote: ↑Fri Jun 14, 2019 8:09 pmSadly as you have converted to leave go remain under immigration rules, it will be difficult and almost impossible to use Zambrano again.
Go for it...it's free so you are not losing anything.Jen1979 wrote: ↑Sun Jun 16, 2019 7:07 amGood morning, I’ve been following this post for a while,, and have a question. I’m the parent of 2 British children, one with special needs. I’m on my second derivative resident card, which expires in 2023. I’m in the process of applying for the EU settlement scheme, what are my chances of success. Thanks in advance.
