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Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Wed May 15, 2019 5:00 pm
by askmeplz82
potential 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
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Wed May 15, 2019 5:10 pm
by secret.simon
Can you point out the relevant page or section in the document that you have linked to?
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Wed May 15, 2019 5:42 pm
by askmeplz82
Here you go
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Wed May 15, 2019 7:54 pm
by Obie
That document is nonsense, we will have to fight it at the courts.
This hopeless and hapless government, always trying to put immigrants in the back foot to undermine their rights.
On the one hand they keep saying in court that migrant cannot expect EU law and domestic law to be treated as same, now they want domestic right to reign supreme over EU rights.
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Thu Oct 03, 2019 3:54 pm
by Nira
askmeplz82 wrote: ↑Wed May 15, 2019 5:00 pm
potential 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
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:
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
Why do they state this refusal if we applied earlier?
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Fri Oct 04, 2019 4:44 pm
by Topsibelle
Nira wrote: ↑Thu Oct 03, 2019 3:54 pm
askmeplz82 wrote: ↑Wed May 15, 2019 5:00 pm
potential 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
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:
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
Why do they state this refusal if we applied earlier?
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.
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Fri Oct 04, 2019 9:29 pm
by Nira
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.
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.
Re: Home Office policy change: Zambrano carers need to make a human rights application first
Posted: Fri Oct 04, 2019 10:20 pm
by Topsibelle
Nira wrote: ↑Fri Oct 04, 2019 9:29 pm
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.
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.
They can't. I will update you.