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Does it apply to those who applied earlier? We applied for Zambrano in March 2019, received refusal letter in May. One of the refusal grounds state:askmeplz82 wrote: ↑Wed May 15, 2019 5:00 pmpotential Zambrano applicants must first make a human rights application under British immigration law. In other words, applicants no longer have a choice between using Zambrano or using the UK Immigration Rules; they must do the latter first if eligible, or will have their Zambrano applications refused.
https://assets.publishing.service.gov.u ... 5.0ext.pdf
Why do they state this refusal if we applied earlier?You are further advised that a Zambrano application centres on a person seeking to
remain in the UK as the primary carer of a British citizen.
There is significant overlap with the right to respect for private and family life which is
protected by Article 8 of the European Convention on Human Rights (ECHR).
Where a person wishes to remain in the UK on the basis of family life with a British
citizen, they can make an application for leave to remain under Appendix FM to the
Immigration Rules. A derivative right to reside is a right of last resort which only
applies if a person has no other means to remain lawfully in the UK.
Your application is therefore also refused for the following reason(s):
• You have made no attempt to regularise your stay in the UK through an
application made under the UK's domestic immigration law
Same thing happened to me l applied for a renewal of my 5 years derivative residence in March and got refused in May. I have appealed and it would be heard in Nov. You should apply for residence via the EU settlement scheme.Nira wrote: ↑Thu Oct 03, 2019 3:54 pmDoes it apply to those who applied earlier? We applied for Zambrano in March 2019, received refusal letter in May. One of the refusal grounds state:askmeplz82 wrote: ↑Wed May 15, 2019 5:00 pmpotential Zambrano applicants must first make a human rights application under British immigration law. In other words, applicants no longer have a choice between using Zambrano or using the UK Immigration Rules; they must do the latter first if eligible, or will have their Zambrano applications refused.
https://assets.publishing.service.gov.u ... 5.0ext.pdf
Why do they state this refusal if we applied earlier?You are further advised that a Zambrano application centres on a person seeking to
remain in the UK as the primary carer of a British citizen.
There is significant overlap with the right to respect for private and family life which is
protected by Article 8 of the European Convention on Human Rights (ECHR).
Where a person wishes to remain in the UK on the basis of family life with a British
citizen, they can make an application for leave to remain under Appendix FM to the
Immigration Rules. A derivative right to reside is a right of last resort which only
applies if a person has no other means to remain lawfully in the UK.
Your application is therefore also refused for the following reason(s):
• You have made no attempt to regularise your stay in the UK through an
application made under the UK's domestic immigration law
Please, let us know how it goes. My appeal is in January 2020. My fear is they can just dismiss it without any hearing. It is so unfair they can write any judgements they want at any time and then apply it to everyone, even backdate it.askmeplz82 wrote: ↑Wed May 15, 2019 5:00 pm
Same thing happened to me l applied for a renewal of my 5 years derivative residence in March and got refused in May. I have appealed and it would be heard in Nov. You should apply for residence via the EU settlement scheme.
They can't. I will update you.Nira wrote: ↑Fri Oct 04, 2019 9:29 pmPlease, let us know how it goes. My appeal is in January 2020. My fear is they can just dismiss it without any hearing. It is so unfair they can write any judgements they want at any time and then apply it to everyone, even backdate it.askmeplz82 wrote: ↑Wed May 15, 2019 5:00 pm
Same thing happened to me l applied for a renewal of my 5 years derivative residence in March and got refused in May. I have appealed and it would be heard in Nov. You should apply for residence via the EU settlement scheme.