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Jdc716Jdc716 wrote: ↑Sun Feb 16, 2020 2:53 pmHello,
I’m new here, so please let me know where I stand.
2015 - Moved to the UK and received LTR under Article 8 ECHR
Aug 2015 - Marriage dissolved
Feb 2018 - changed LTR to 5-year parent route
Circumstances over the past two years changed dramatically. My son was diagnosed with ASD and has increasingly demanding needs. Shared parenting with his father and I in separate homes. Neither of us get a break. We are each other’s respite. If I left the UK, my son and his father would have to go as it would be too much for the other person.
Has anyone applied for a derivative residence card after receiving LTR?
I feel this is Zambrano, but will I automatically be disqualified as I have had LTR?
I feel like I’m getting the short-end of the stick here.
My son is 6 years old and goes to a local specialist school.
Any advise is appreciated, thank you all.
Welcome my sister, I think your best option will be on the LTR but go to the HO for fees exemption and to take the no resource off for you with your sons condition.Jdc716 wrote: ↑Sun Feb 16, 2020 2:53 pmHello,
I’m new here, so please let me know where I stand.
2015 - Moved to the UK and received LTR under Article 8 ECHR
Aug 2015 - Marriage dissolved
Feb 2018 - changed LTR to 5-year parent route
Circumstances over the past two years changed dramatically. My son was diagnosed with ASD and has increasingly demanding needs. Shared parenting with his father and I in separate homes. Neither of us get a break. We are each other’s respite. If I left the UK, my son and his father would have to go as it would be too much for the other person.
Has anyone applied for a derivative residence card after receiving LTR?
I feel this is Zambrano, but will I automatically be disqualified as I have had LTR?
I feel like I’m getting the short-end of the stick here.
My son is 6 years old and goes to a local specialist school.
Any advise is appreciated, thank you all.
Jdc716Jdc716 wrote: ↑Sun Feb 16, 2020 5:20 pm@snooky,
Thank you so much for your warm welcome. It’s truly needed.
I feel like I’ve been killing myself for years in the most difficult battle, with no support or guidance in sight. It’s hard. I work full time and also juggle having my son every day I’m off, including my annual leave days. Sometimes, it’s just really tough. I also know my case doesn’t necessarily “fit all the boxes”.
I read the case laws of Patel and Shah yesterday. I’m also happy to represent myself in court, if needed.
Should I apply for derivative residence now? My LTR expires in September 2020.
Also, should I first apply for derivative residence, then EU settlement? I’m assuming I need derivative residence first....
If I apply for derivative residence, will that affect my current route to settlement if I’m denied? (Including after an expected appeal battle)
Thanks again for caring and thanks for your reply!
ZazamumZaza mum wrote: ↑Sun Feb 16, 2020 5:42 pmWelcome my sister, I think your best option will be on the LTR but go to the HO for fees exemption and to take the no resource off for you with your sons condition.Jdc716 wrote: ↑Sun Feb 16, 2020 2:53 pmHello,
I’m new here, so please let me know where I stand.
2015 - Moved to the UK and received LTR under Article 8 ECHR
Aug 2015 - Marriage dissolved
Feb 2018 - changed LTR to 5-year parent route
Circumstances over the past two years changed dramatically. My son was diagnosed with ASD and has increasingly demanding needs. Shared parenting with his father and I in separate homes. Neither of us get a break. We are each other’s respite. If I left the UK, my son and his father would have to go as it would be too much for the other person.
Has anyone applied for a derivative residence card after receiving LTR?
I feel this is Zambrano, but will I automatically be disqualified as I have had LTR?
I feel like I’m getting the short-end of the stick here.
My son is 6 years old and goes to a local specialist school.
Any advise is appreciated, thank you all.
Especially since your son's father is a British I don't you will qualify and you have shared responsibility with him.
If you were to leave the country, under Zambrano your husband can care for the son or hire people to care for him.
mubashir1981 wrote: ↑Tue Feb 11, 2020 8:31 pmI am doing on paper appeal not oral.
[/quote
Hello Everyone!
@Snooky
I want to submit the appeal tonight. Do I need to include additional evidence at this stage? Apart from the £80 fee, will they charge for anything else later? I Just to want know what it will cost from start to finish. Thanks
Thanks Snookysnooky wrote: ↑Sun Feb 16, 2020 6:13 amAlex6
Your question depends on which Zambrano application made
1. With EEA Zambrano applications, Home Office will hold on to your passport and identity until decision is made. So you are talking about 2-6 months.
2. With EU Settlment Scheme Zambrano DR applications it could take up to 2 months for you to get your identity and passport back. What we have seen is Home Office works fast on sending back your identity under the Settlement Scheme.
In all cases it can really delay extremely
thanks Alot
Ngoo wrote: ↑Sun Feb 16, 2020 6:58 pmNomubashir1981 wrote: ↑Tue Feb 11, 2020 8:31 pmI am doing on paper appeal not oral.
[/quote
Hello Everyone!
@Snooky
I want to submit the appeal tonight. Do I need to include additional evidence at this stage? Apart from the £80 fee, will they charge for anything else later? I Just to want know what it will cost from start to finish. Thanks
Just log in your appeal and pay the required amount due
Then wait for your notice of hearing letter which will instruct you when to send your bundles a week before your appeal date . Ask Mubashir
Ok wait, you just said you were given a Discretionary Leave .Alex6 wrote: ↑Sun Feb 16, 2020 8:22 pmThanks Snookysnooky wrote: ↑Sun Feb 16, 2020 6:13 amAlex6
Your question depends on which Zambrano application made
1. With EEA Zambrano applications, Home Office will hold on to your passport and identity until decision is made. So you are talking about 2-6 months.
2. With EU Settlment Scheme Zambrano DR applications it could take up to 2 months for you to get your identity and passport back. What we have seen is Home Office works fast on sending back your identity under the Settlement Scheme.
In all cases it can really delay extremely
I have been here since 2005.
I met my current partner 2007, (British born, never been to Nigeria) well educated.
In 2008 we started living together. In 2010 we made an application for (FLR M) as a cohabitating partner which was refused.. all appeal and JR was exhausted, but the Judge accepted that our relationship was genuine and subsisting. (we cant get married cos me not having a Doc)
In 2012 we made another application and was refused with all appeal and JR (Not oral) in 2014.
In 2014 I was detained while my judicial review was still on. In detention I met with a new legal Rep that took on my JR and also question the Home office if they have considered how I got here in the first place, that I may have been traffic ( I was 16), which I explained in my all Applications... Then I was released.
in 2015 we had our first child. fast forward 2017 I was sent discretionary LTR for 2.5 year. after a long battle with trafficking case. My Legal Rep was going to challenge it for a 5 years, then indefinite. we said NO, cos we could not afford it ( No More Legal Aid) more so we just want move on after everything we've been through.
In 2018 we had our 2nd child.
I have all Doc for appeals and JRs.
I wish I knew about Zambrano long ago. Advice PLease! should I do as planed or submit my extension first??????
well, as far I know Discretionary is for 3 years x2. mine is 2.5 years and I don't think it was written anywhere In my LTR letter. my previous legal Rep said it was a Discretionary. but I was entitled benefits.snooky wrote: ↑Sun Feb 16, 2020 8:57 pmOk wait, you just said you were given a Discretionary Leave .Alex6 wrote: ↑Sun Feb 16, 2020 8:22 pmThanks Snookysnooky wrote: ↑Sun Feb 16, 2020 6:13 amAlex6
Your question depends on which Zambrano application made
1. With EEA Zambrano applications, Home Office will hold on to your passport and identity until decision is made. So you are talking about 2-6 months.
2. With EU Settlment Scheme Zambrano DR applications it could take up to 2 months for you to get your identity and passport back. What we have seen is Home Office works fast on sending back your identity under the Settlement Scheme.
In all cases it can really delay extremely
I have been here since 2005.
I met my current partner 2007, (British born, never been to Nigeria) well educated.
In 2008 we started living together. In 2010 we made an application for (FLR M) as a cohabitating partner which was refused.. all appeal and JR was exhausted, but the Judge accepted that our relationship was genuine and subsisting. (we cant get married cos me not having a Doc)
In 2012 we made another application and was refused with all appeal and JR (Not oral) in 2014.
In 2014 I was detained while my judicial review was still on. In detention I met with a new legal Rep that took on my JR and also question the Home office if they have considered how I got here in the first place, that I may have been traffic ( I was 16), which I explained in my all Applications... Then I was released.
in 2015 we had our first child. fast forward 2017 I was sent discretionary LTR for 2.5 year. after a long battle with trafficking case. My Legal Rep was going to challenge it for a 5 years, then indefinite. we said NO, cos we could not afford it ( No More Legal Aid) more so we just want move on after everything we've been through.
In 2018 we had our 2nd child.
I have all Doc for appeals and JRs.
I wish I knew about Zambrano long ago. Advice PLease! should I do as planed or submit my extension first??????
Under the rule of DISCRETION in UK immigration, this leave should be taken up to six years to be entitle for indefinite leave to remain
Such applications are free of charge because basically it is a downgraded Asylum application under the human right Act.
To advise you well, will be impossible as the Home Office letter explaining your stay and rights which accompanied your document is for your eyes only
See a solicitor to assess your discretionary leave and its conditions then come back on the board
If you have discretionary leave, you are allow means tested benefits.
Tito1312Tito1312 wrote: ↑Sun Feb 16, 2020 9:18 pmHellr Everyone,
Please i am seriously confused, and need help and advice.
i have a pending application with the EU settlement office-zambrano settled status scheme. In the last three month i have been waiting for their decision, meanwhile my leave to remain (2.5yrs) is due for renewal in a weeks time.
Am confused as i dont know what the outcome of the eu settlement will be , and i dont want to forteit or lose out on my existing 10yr rout as this will be my 3rd renewal.
what is my best option, wait for the eu settlement decision or put in my renewal application which will automatically nullify my existing eu application
Please advice.
Rainbow66rainbow 66 wrote: ↑Mon Feb 17, 2020 12:15 amHi,
I submitted paper application on 8 August 2019
Biometrics enrolled on 16 August 2019
After I called and emailed EU resolution center many times, COA received on 27 January 2020
Now 6 months has passed since I applied, I’m on a visitor visa which only allows me to stay in UK maximum 6 months a time. I’m only carer for my British child who is 16 months old, and I have a 11 years old child living with me as well ( his application was linked to mine).
I have no right to rent and to work in UK. During the past 6 months, my two children and I have stayed in Airbnb at different addresses, we had to moved several times when it booked by others as I couldn’t book long term for Airbnb. Our life is very uncertain and difficult.
Every time I called EU settlement center they gave the same answer that my application is with a caseworker and no timeframe for paper application.
I emailed MP but haven’t got reply yet, I also called PHSO last week to complain, they said it takes 3 months for a complaint to be dealt with.
Could anyone give me some advise about what I shall do now to speed up my application? Many thanks.
Alex6Alex6 wrote: ↑Sun Feb 16, 2020 9:32 pmwell, as far I know Discretionary is for 3 years x2. mine is 2.5 years and I don't think it was written anywhere In my LTR letter. my previous legal Rep said it was a Discretionary. but I was entitled benefits.snooky wrote: ↑Sun Feb 16, 2020 8:57 pmOk wait, you just said you were given a Discretionary Leave .Alex6 wrote: ↑Sun Feb 16, 2020 8:22 pmThanks Snookysnooky wrote: ↑Sun Feb 16, 2020 6:13 am
Alex6
Your question depends on which Zambrano application made
1. With EEA Zambrano applications, Home Office will hold on to your passport and identity until decision is made. So you are talking about 2-6 months.
2. With EU Settlment Scheme Zambrano DR applications it could take up to 2 months for you to get your identity and passport back. What we have seen is Home Office works fast on sending back your identity under the Settlement Scheme.
In all cases it can really delay extremely
I have been here since 2005.
I met my current partner 2007, (British born, never been to Nigeria) well educated.
In 2008 we started living together. In 2010 we made an application for (FLR M) as a cohabitating partner which was refused.. all appeal and JR was exhausted, but the Judge accepted that our relationship was genuine and subsisting. (we cant get married cos me not having a Doc)
In 2012 we made another application and was refused with all appeal and JR (Not oral) in 2014.
In 2014 I was detained while my judicial review was still on. In detention I met with a new legal Rep that took on my JR and also question the Home office if they have considered how I got here in the first place, that I may have been traffic ( I was 16), which I explained in my all Applications... Then I was released.
in 2015 we had our first child. fast forward 2017 I was sent discretionary LTR for 2.5 year. after a long battle with trafficking case. My Legal Rep was going to challenge it for a 5 years, then indefinite. we said NO, cos we could not afford it ( No More Legal Aid) more so we just want move on after everything we've been through.
In 2018 we had our 2nd child.
I have all Doc for appeals and JRs.
I wish I knew about Zambrano long ago. Advice PLease! should I do as planed or submit my extension first??????
Under the rule of DISCRETION in UK immigration, this leave should be taken up to six years to be entitle for indefinite leave to remain
Such applications are free of charge because basically it is a downgraded Asylum application under the human right Act.
To advise you well, will be impossible as the Home Office letter explaining your stay and rights which accompanied your document is for your eyes only
See a solicitor to assess your discretionary leave and its conditions then come back on the board
If you have discretionary leave, you are allow means tested benefits.
The word visitor visa, do you mean you came here as a visitor and since havent left the country and within that your child was bornrainbow 66 wrote: ↑Mon Feb 17, 2020 9:16 amHi Snooky,
Thank you very much for your advice.
My child is British citizen, she was born in the UK. And I’m her sole carer. I also have court order for child maintenance to be paid by his British father. For my understanding, Zambrano care doesn’t have to be from EU?
Last tear, the solicitor suggested me to apply through Zambrano routine, as Im on visitor visa so I couldn’t apply through parent routine, the requirements of that routine is I must apply from outside of UK and my child must be living in the UK. As I’m only care of my British child, parent routine doesn’t apply to me.
See users previous post.snooky wrote: ↑Mon Feb 17, 2020 10:05 amThe word visitor visa, do you mean you came here as a visitor and since havent left the country and within that your child was bornrainbow 66 wrote: ↑Mon Feb 17, 2020 9:16 amHi Snooky,
Thank you very much for your advice.
My child is British citizen, she was born in the UK. And I’m her sole carer. I also have court order for child maintenance to be paid by his British father. For my understanding, Zambrano care doesn’t have to be from EU?
Last tear, the solicitor suggested me to apply through Zambrano routine, as Im on visitor visa so I couldn’t apply through parent routine, the requirements of that routine is I must apply from outside of UK and my child must be living in the UK. As I’m only care of my British child, parent routine doesn’t apply to me.
rainbow 66 wrote: ↑Mon Feb 17, 2020 12:15 amHi,
I submitted paper application on 8 August 2019
Biometrics enrolled on 16 August 2019
After I called and emailed EU resolution center many times, COA received on 27 January 2020
Now 6 months has passed since I applied, I’m on a visitor visa which only allows me to stay in UK maximum 6 months a time. I’m only carer for my British child who is 16 months old, and I have a 11 years old child living with me as well ( his application was linked to mine).
I have no right to rent and to work in UK. During the past 6 months, my two children and I have stayed in Airbnb at different addresses, we had to moved several times when it booked by others as I couldn’t book long term for Airbnb. Our life is very uncertain and difficult.
Every time I called EU settlement center they gave the same answer that my application is with a caseworker and no timeframe for paper application.
I emailed MP but haven’t got reply yet, I also called PHSO last week to complain, they said it takes 3 months for a complaint to be dealt with.
Could anyone give me some advise about what I shall do now to speed up my application? Many thanks.
No I haven't. They said they are still investigating what happened to them. So ll call in abt a 2weeksPrettymum wrote: ↑Sun Feb 16, 2020 6:13 pmZazamumZaza mum wrote: ↑Sun Feb 16, 2020 5:42 pmWelcome my sister, I think your best option will be on the LTR but go to the HO for fees exemption and to take the no resource off for you with your sons condition.Jdc716 wrote: ↑Sun Feb 16, 2020 2:53 pmHello,
I’m new here, so please let me know where I stand.
2015 - Moved to the UK and received LTR under Article 8 ECHR
Aug 2015 - Marriage dissolved
Feb 2018 - changed LTR to 5-year parent route
Circumstances over the past two years changed dramatically. My son was diagnosed with ASD and has increasingly demanding needs. Shared parenting with his father and I in separate homes. Neither of us get a break. We are each other’s respite. If I left the UK, my son and his father would have to go as it would be too much for the other person.
Has anyone applied for a derivative residence card after receiving LTR?
I feel this is Zambrano, but will I automatically be disqualified as I have had LTR?
I feel like I’m getting the short-end of the stick here.
My son is 6 years old and goes to a local specialist school.
Any advise is appreciated, thank you all.
Especially since your son's father is a British I don't you will qualify and you have shared responsibility with him.
If you were to leave the country, under Zambrano your husband can care for the son or hire people to care for him.
Have you gotten all your documents?
