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Advice on application under employment, EEA or Zambrano?

Posted: Wed Aug 24, 2011 3:14 pm
by jaskamalman
Hi all, Please advice me for the best option in my situation for residency application. Weather i should apply under employment category, EEA2, EEA4 or even under Chan or Zambrano?

In 2005, I came Northern Ireland on UK work visa. In 2009, I reapplied for extension of my visa (unaware that, new tier system is also applicable on people who are already in UK). After four months, my application was returned and they refunded my fee with advice of Appling under tier 2 category.

At this point, my new employer started process of sponsorship license and my adviser submitted another application for my stay without employer’s certificate (I am unsure which category he applied in) but my application was refused after 5 months and subsequently i left the UK.
On the same day I left UK, My employed received his sponsorship license. And I returned to UK in less then 10 weeks with Tier 2 visa. In 2011, I had my first baby who is Irish citizen now.

Even though my visa expired on jan 2009, I was legally staying and working in UK for those 9 months (because my passport was in home office) and I was out of country only for 10 weeks, now many advisers believe that, I have had a break in my 5 years continues residence for settlement.

First question: Do I still have chance of getting PR on base of my employment?

Second question: am i eligible for EEA 2 or EEA 4 category as I am a father of Irish citizen baby?

Third question: if I apply under Zambrano case and if it’s going to take months, do i have to stay with my existing job and tier2 visa during this time?
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Posted: Wed Aug 24, 2011 3:35 pm
by 86ti
Please do not write multiple posts. This here is also the wrong subforum for immigration related questions.

Permanent residence requires five years of continuous residence under the EEA regulations. From your post I do not see how you could possibly qualify. Is your partner an EEA national? I do not know if the Zambrano route (the UK still seems to be pondering how to apply the ruling, i.e. how much they can restrict it) entitles to residence documentation under EEA regulations but if so obviously only from the time the child was born.

Posted: Wed Aug 24, 2011 11:04 pm
by jaskamalman
86ti wrote:Please do not write multiple posts. This here is also the wrong subforum for immigration related questions.

Permanent residence requires five years of continuous residence under the EEA regulations. From your post I do not see how you could possibly qualify. Is your partner an EEA national? I do not know if the Zambrano route (the UK still seems to be pondering how to apply the ruling, i.e. how much they can restrict it) entitles to residence documentation under EEA regulations but if so obviously only from the time the child was born.

Thanks 86ti,
Both of us are non EEA nationals, only our child is irises citizen. We lived in Northern Ireland on work visa for more then 6 years (with a gap as explained). So we could apply for our baby’s naturalisation as Ireland accepts one-year gap in your four-year residency for children born in Northern Ireland from parents on UK's employment visa.

So are you saying, a EEA national child should live in UK for five years before parent can apply for their residence under EEA regulations or Zambrano route?

Posted: Thu Aug 25, 2011 6:50 am
by 86ti
I think Zambrano applies only to the child's country of nationality. You may want to search through the Ireland forum where it is frequently discussed, not so much on the UK forums. I really know only very little about it.