What happend when child reach 18?

[Shondra Sharma]

For zambrano carers what happend when child reach 18? do they leave the uk when child over 18? what will happend? how comes they left their child and go back to their home country? home office rules say zambrano carers doesn't lead to permanent residence.

[appealalready]

Yes, they expect you to leave the UK when the child turns 18.

That is why it is good to file for Family Leave to Remain.

[Obie]

There would be a strong human right case. I dont believe the parents will have to leave.

[Shondra Sharma]

its shocking does anyone challenge this in court? is this the real zambrano case says or only in uk they implement like this once child turn 18, their parents leave to uk.

[Obie]

These issues were dealt with in paragraph 43 of this determination. I believe the same reasoning will apply to Zambrano cases.

[Shondra Sharma]

@obie you mean zambrano carers cam apply PR after 5 years

[Obie]

Do i don't mean that.

I believe a Zambrano person will have a strong case after 10 years, just like people under the immigration rules.

[Shondra Sharma]

Ok but they say in zambrano residence card holder doesnot count as a long residence even if someone in uk 16years at the time of residence card he or she got after 5 years their stay in the uk is still 16 years but it should be 21 years in uk. They wont count the residency in uk. Even they not qualify for 20 years rule as well. So shocking.

[appealalready]

Ok but they say in zambrano residence card holder doesnot count as a long residence even if someone in uk 16years at the time of residence card he or she got after 5 years their stay in the uk is still 16 years but it should be 21 years in uk. They wont count the residency in uk. Even they not qualify for 20 years rule as well. So shocking.

Exactly, Shondra. It makes more sense to apply for family leave to remain rather than take unnecessary chances.

Paragraph 43 says

"We note that we are not asked to consider whether the condition of residence prohibiting either appellant from taking employment is lawful. Nor do we have to consider whether the appellants should at some point in the future be granted permanent residence as a matter of general discretion and or human rights law. Although, the judge at [26] referred to the refusal of a visa as being a disproportionate interference with human rights, we think that this was an unfortunate slip. The case was not concerned with refusal of a visa but the grant of permanent residence; there was no free standing human rights point before the judge as no immigration decision had been made under s.82 NIAA as noted above; no submissions had been advanced to the judge that the EEA decision was in breach of human rights and no reasons were given by the judge for the decision. Human rights are not an issue for determination before us. We note that the applicants will have completed 10 years lawful residence in the United Kingdom. If their children are granted permanent residence and still require the presence of their parents to give effect to their rights of residence, this may well justify the grant of permanent residence or indefinite leave to remain under national law."

If you look at the recent May 2014 case of Hines v Lambeth in which the court ruled the mother of a young child was ineligible for assistance and could leave the UK without breaching the child's rights, it seems unlikely that the court would rule in favour of the parent of an 18 year old.

http://www.bailii.org/ew/cases/EWCA/Civ/2014/660.html

http://asirt.org.uk/wordpress/?p=255