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Derivative Application for in school child pending for over a year
Posted: Tue Sep 08, 2020 5:58 pm
by oathkeeper
Hi My daughter and I applied under the Zambrano route on the 19/08/19 for which I received ILR back on the 18/11/19 and my daughter still has not had a decision back yet and it's now over a year.
At the time of the application she was 19 ( under the EU regulations you can apply under the age of 21) and still in school and now as the decision is still pending she is unable to complete her studies and or work as the ECS check said that she does not have the right to work.
The MP has contacted the HO on 2 occasions now and she gets the same generic response that they are sending us.
Can anyone give advise as to what we can do?
Re: Derivative Application for in school child pending for over a year
Posted: Tue Sep 08, 2020 6:05 pm
by Zerubbabel
Hello
Who is who in this case?
Who is the British citizen? Who is the carer of the British citizen?
Re: Derivative Application for in school child pending for over a year
Posted: Tue Sep 08, 2020 9:51 pm
by oathkeeper
My younger daughter is the british national and I am the carer, the 19 year old is my dependant
Re: Derivative Application for in school child pending for over a year
Posted: Wed Sep 09, 2020 1:26 pm
by secret.simon
I'm not convinced that the dependents of a Zambrano Carer over the age of 18 can apply.
The Directive 2004/38/EC does provide for children upto the age of 21 to apply in some cases, but crucially Zambrano carers do not come under the Directive.
If the initial application was made after the person's 18th birthday, I suspect that the application will likely fail.
CCing in @Obie for a more informed opinion.
Re: Derivative Application for in school child pending for over a year
Posted: Wed Sep 09, 2020 2:04 pm
by JB007
secret.simon wrote: ↑Wed Sep 09, 2020 1:26 pm
I'm not convinced that the dependents of a Zambrano Carer over the age of 18 can apply.
The Directive 2004/38/EC does provide for children upto the age of 21 to apply in some cases, but crucially Zambrano carers do not come under the Directive.
If the initial application was made after the person's 18th birthday, I suspect that the application will likely fail.
CCing in @Obie for a more informed opinion.
It's reading like the OP got FLR FP in 2015, then moved to Zambrano four years later, in 2019? Where does that leave her 20 year old daughter?
https://www.immigrationboards.com/immig ... l#p1218288
Re: Derivative Application for in school child pending for over a year
Posted: Wed Sep 09, 2020 2:16 pm
by JB007
Re: Derivative Application for in school child pending for over a year
Posted: Thu Sep 10, 2020 10:49 pm
by oathkeeper
Correct was advised to do joint application which I did was granted my ILR but daughter is still pending.