Parent of a British citizen and EU Settlement Scheme

[njazzy]

Good morning Lads, please I would be glad if anyone here can give me any information he/she has regarding a parent of a British citizen child applying under the Eu Settlement Scheme as a primary carer of a British citizen. Would be more than happy to hear your views and ideas.

[njazzy]

Please anyone with any ideas? Can someone with leave to remain apply for derivative right of residence under eu law?

[CR001]

See last post from Vinny which contains a link with information.

eea-route-applications/new-helpful-zamb ... l#p1780952

[njazzy]

Thanks @CR001, after reading the links you sent me , I am still confused. Can you explain it in your own way for me please. Because I found somewhere that you need to apply for leave to remain first which I already have one.
Secondly I saw that if u have leave to remain there is no basis u will be forced to remove in the uk which I think there is no way to get the derivative visa.
Is that what it means or something else.
Thanks

[Topsibelle]

If you currently have derivative residence which is often 5 years depending on the age of the child from any of the following;

The types of derivative residence rights are as:

Zambrano carers
Chen carers
Ibrahim and Teixeira cases

The UK law which reflects the legal rights flowing from both the Citizens Directive and other sources is contained in the Immigration (EEA) Regulations 2016.

You can make now an application under the EU Settlement Scheme which could lead to settled status. You would be getting either settled or pre settled status under the the EU settlement scheme depending on your circumstances. This was rolled out on the 1st May 2019.

It is totally free and you have to call this number to find out your eligibility if you’re unsure 03001237379.

For Zambrano carers

A Zambrano carer is the non-EEA national primary carer of a British citizen who is residing in the UK, and who has a right to reside if their removal from the UK would require the British citizen child to leave the UK and the EU.

Pre Brexit and May 1st 2019, Zambrano carers do not have access to public funds and cannot apply to have access to those public funds. However, from May 1st 2919, a Zambrano carer who has been granted settled status under the EU settlement scheme should be able to access public funds.

When applying for a derivative residence card as a Zambrano carer, the most important issues will be:

Proving the British citizenship of the child;Showing that the carer is a direct relative or legal guardian,Showing that the carer is the primary carer,Showing that the British citizen child would be forced to leave the EEA area if residence rights were not granted to the primary carer, andShowing that there are no grounds of public policy, security or public health which suggest that a right of residence should not be accepted.

Please do not send me direct messages. Call the no if you are in doubt. For Zambrano carers and other derivative residence holders this is good news as you be getting indefinite leave to remain with no limitation on your residence permit. In a year, you would be able to apply for British citizenship.

Good luck everyone.

[askmeplz82]

A Zambrano carer is the non-EEA national primary carer of a British citizen who is residing in the UK, and who has a right to reside if their removal from the UK would require the British citizen child to leave the UK and the EU.

Home Office new Policy :
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.

[Topsibelle]

I got the EU settlement scheme form yesterday and it is less than 60 pages but pretty straightforward. It's not as complicated as the derivative residence card form. The form is pre-populated with your details and assigned reference no. Mine was the Zambrano one, as parent of British citizen as my 5 year derivative residence expired on the 12th May 2019, l applied for settled status.
I posted it recorded today. I will keep you all abreast of the time line. Can l just add that l did send back my passport for renewal of the residence card back in March and did my BRP in April so they still have all my documents.

[naa]

Thanks for the update Topsibelle, how long did it take for you to get the forms. I've requested for them, am hoping to apply for pre settled status. I was granted the derivative residence card in April 2018. If you don't mind me asking what documents did you include thanks

[Topsibelle]

I requested for the form on the 23rd May.
I applied for the settled status so required to evidence my 5 years.
I sent my daughter's British passport.
Her birth certificate linking me as her parent.
5 years of her school reports as well as letters showing she's dependent on me. This also shows 5 years of residence. She's 16 now so report from year 7-year 11.
P60/ P45 as this shows yearly evidence as against credit card or utility statements.
I sent my M.Sc certificate as l completed 2 years degree as a social worker.
It's very important to evidence each year.
All the best.

[ziggylad]

Hi Guys, it's a bit confusing. Is it better accepted to apply with a derivative card or with a 2.5 years leave to remain based on Human right ? I have a 2.5 years brp as parent of a British child which is on a 10 year route to settlement. Can i still use this to apply for the EU settlement paper application, which of these is more accepted by the scheme ?

[Topsibelle]

Hey,

The EU settlement scheme is free so why not! Give them a call and they will probably let you know if you qualify. From my layman's point of view l think you qualify for pre settled status as parent of British citizen and that really is the point. It doesn't matter what route you want to take whether derivative or 10 year route. As a parent of British citizen you qualify for EU settlement scheme.

[naa]

I requested for the form on the 23rd May.
I applied for the settled status so required to evidence my 5 years.
I sent my daughter's British passport.
Her birth certificate linking me as her parent.
5 years of her school reports as well as letters showing she's dependent on me. This also shows 5 years of residence. She's 16 now so report from year 7-year 11.
P60/ P45 as this shows yearly evidence as against credit card or utility statements.
I sent my M.Sc certificate as l completed 2 years degree as a social worker.
It's very important to evidence each year.
All the best.

Thanks for the information

[Topsibelle]

Update
Prior to May 1st when the EU settlement scheme came into being for Zambrano carers l sent my passport to home office for renewal of my derivative residence. My daughter is 16 and British citizen. I sent it March 20th 2019 to be precise. I sent the EU settlement scheme paper application form yesterday.
Today l got a refusal for my derivative residence that I've had for the last 5 years based on:
"As you have not demonstrated that you meet the requirements of regulations 16(5) of the 2016 Regulations, you have therefore unable to derive a right to reside in the UK and your applications have been refused".
Regulations 16(5) of the 2016 Regulations states that
A. The person is the primary carer of the British Citizen.
B. British citizen is residing in the UK
C. British Citizen would be unable to reside in the UK or in another EEA state If the person left the UK for an indefinite period.
So that reason for refusal is bollocks.
It goes on to say:
"Since your child was granted British citizenship you have made no attempt to regularise your staying the UK through application made under the UK's domestic immigration law".
They are invariably forcing me to go the parent route of 10 years. This came into effect on 1st May where the domestic law superceeds the EU law of Zambrano. My application was sent on the 20th March way before.
I'm not sure but l think they refused me this because they know l qualify for the settled status of the EU settlement scheme.
The rules for the EU settlement scheme says that Zambrano carers are only eligible to apply for settled status if "they do not have leave to enter or remain in the UK granted under another part of the rules".

I'm really confused here so please if you can interpret this please help

[njazzy]

Hello, I called the Eu Settlement Scheme on 27th May. Received my forms yesterday. As a parent of a British citizen. Will update you all after I post mine to them with the timeline.

[CR001]

It is not necessary to start a single line timeline thread. Please keep your posts in this existing topic.

[Topsibelle]

I read this under the EU settlement scheme policy by NRPF
" Zambrano carers are highly likely to require legal advice. Although the EU settlement scheme is open to Zambrano carers, in practice this route may not be available to them for the following reasons:
A Zambrano carer cannot apply if they have obtained a different form of leave to remain under the Immigration Rules,for example, under the family migration (FM) rules.
Home Office guidance now requires a Zambrano caree to apply under the FM rules before they can acquire a derivative residence card under the EU law".

This is technically knocking Zambrano carers out of the EU settlement scheme except they get a solicitor to fight their case.

[njazzy]

Timeline
Application sent: 10th June,19 via special delivery.

[Nyamebeye]

Update
Prior to May 1st when the EU settlement scheme came into being for Zambrano carers l sent my passport to home office for renewal of my derivative residence. My daughter is 16 and British citizen. I sent it March 20th 2019 to be precise. I sent the EU settlement scheme paper application form yesterday.
Today l got a refusal for my derivative residence that I've had for the last 5 years based on:
"As you have not demonstrated that you meet the requirements of regulations 16(5) of the 2016 Regulations, you have therefore unable to derive a right to reside in the UK and your applications have been refused".
Regulations 16(5) of the 2016 Regulations states that
A. The person is the primary carer of the British Citizen.
B. British citizen is residing in the UK
C. British Citizen would be unable to reside in the UK or in another EEA state If the person left the UK for an indefinite period.
So that reason for refusal is bollocks.
It goes on to say:
"Since your child was granted British citizenship you have made no attempt to regularise your staying the UK through application made under the UK's domestic immigration law".
They are invariably forcing me to go the parent route of 10 years. This came into effect on 1st May where the domestic law superceeds the EU law of Zambrano. My application was sent on the 20th March way before.
I'm not sure but l think they refused me this because they know l qualify for the settled status of the EU settlement scheme.
The rules for the EU settlement scheme says that Zambrano carers are only eligible to apply for settled status if "they do not have leave to enter or remain in the UK granted under another part of the rules".

I'm really confused here so please if you can interpret this please help

Hi,
Your refusal is absolutely illegal. Were you given a right of appeal? You will defo win in court if you appeal.

This section just bugs me:"
Since your child was granted British citizenship you have made no attempt to regularise your staying the UK through application made under the UK's domestic immigration law[/i]"

How can they ask someone with a right to reside to pay thousands of pounds to apply for leave to remain under immigration rules? This is ridiculous on their part. All you needed was to legalise your status here in the UK which you did under EU law.
Yes it is true that they are trying to block Zambrano carers from the EU settlement scheme but they are doing it the wrong way.

I got refused derivative residence card under Zambrano. I appealed and won my appeal at 1st Tier tribunal but the HO appealed to the Upper tribunal. At the Upper tribunal hearing. the judge upheld the first tier's decision. The HO lost the appeal and they have now given up.

I would advise you to speak to an immigration adviser or lawyer. The HO's own guidance states that if you have already been issued with a derivative residence card, then it should be accepted that you qualify under the EU settlement scheme. Why they are using this illegal means to deny you, only they know. This will be challenged in court someday somehow.

[Topsibelle]

Update
Prior to May 1st when the EU settlement scheme came into being for Zambrano carers l sent my passport to home office for renewal of my derivative residence. My daughter is 16 and British citizen. I sent it March 20th 2019 to be precise. I sent the EU settlement scheme paper application form yesterday.
Today l got a refusal for my derivative residence that I've had for the last 5 years based on:
"As you have not demonstrated that you meet the requirements of regulations 16(5) of the 2016 Regulations, you have therefore unable to derive a right to reside in the UK and your applications have been refused".
Regulations 16(5) of the 2016 Regulations states that
A. The person is the primary carer of the British Citizen.
B. British citizen is residing in the UK
C. British Citizen would be unable to reside in the UK or in another EEA state If the person left the UK for an indefinite period.
So that reason for refusal is bollocks.
It goes on to say:
"Since your child was granted British citizenship you have made no attempt to regularise your staying the UK through application made under the UK's domestic immigration law".
They are invariably forcing me to go the parent route of 10 years. This came into effect on 1st May where the domestic law superceeds the EU law of Zambrano. My application was sent on the 20th March way before.
I'm not sure but l think they refused me this because they know l qualify for the settled status of the EU settlement scheme.
The rules for the EU settlement scheme says that Zambrano carers are only eligible to apply for settled status if "they do not have leave to enter or remain in the UK granted under another part of the rules".

I'm really confused here so please if you can interpret this please help

Hi,
Your refusal is absolutely illegal. Were you given a right of appeal? You will defo win in court if you appeal.

This section just bugs me:"
Since your child was granted British citizenship you have made no attempt to regularise your staying the UK through application made under the UK's domestic immigration law[/i]"

How can they ask someone with a right to reside to pay thousands of pounds to apply for leave to remain under immigration rules? This is ridiculous on their part. All you needed was to legalise your status here in the UK which you did under EU law.
Yes it is true that they are trying to block Zambrano carers from the EU settlement scheme but they are doing it the wrong way.

I got refused derivative residence card under Zambrano. I appealed and won my appeal at 1st Tier tribunal but the HO appealed to the Upper tribunal. At the Upper tribunal hearing. the judge upheld the first tier's decision. The HO lost the appeal and they have now given up.

I would advise you to speak to an immigration adviser or lawyer. The HO's own guidance states that if you have already been issued with a derivative residence card, then it should be accepted that you qualify under the EU settlement scheme. Why they are using this illegal means to deny you, only they know. This will be challenged in court someday somehow.

Hello,
Thank you very much. I did get the option of appeal which l am going to use. That section also bugs me. It's completely stupid because derivative card is not necessarily needed for a Zambrano carer except for ease of entry. Asking me to go down the route of domestic law when l still have the derivative residence card doesn't even add up. Can someone have two residence card simultaneously? I applied for a renewal before my derivative residence card expired and before their policy change in May.

Thanks again.

[njazzy]

Timeline
Application sent: 10th June,19 via special delivery.
Application received by Home office. 11 th June. 19

[naa]

Hello everyone
My forms arrived this morning. I requested for my husband, a 3 yr old and myself. They sent all 3 forms.in different envelopes. I'm really stuck. Must we submit our application differently I mean send them back in different envelopes. My concern is we are all relying on the same evidence and documents as joint carers with shared responsibility. Pls help how do we go about it. Many thanks for your time

Hey,

The EU settlement scheme is free so why not! Give them a call and they will probably let you know if you qualify. From my layman's point of view l think you qualify for pre settled status as parent of British citizen and that really is the point. It doesn't matter what route you want to take whether derivative or 10 year route. As a parent of British citizen you qualify for EU settlement scheme.

[Topsibelle]

Hi,

Please go through the form, there is a space link your applications together I.e passport no of other people you are applying with.
I sent my application in the same envelope with my husband and we are using almost the same proof of residence and relationship.

It's really quite simple and straightforward to complete.

[ziggylad]

Please does anybody know if I need to fill section 2 of the forms. Regarding identity documentation or proof. Is it for applicable to applicants inside or outside the Uk ?

[ziggylad]

Also umm confused as to which option to chose in section 3.02 ? I have been resident in the UK for more than 5 years and I have a 2 years old British child, which section should apply to me ?

[Topsibelle]

Please does anybody know if I need to fill section 2 of the forms. Regarding identity documentation or proof. Is it for applicable to applicants inside or outside the Uk ?

Please read the instruction. It clearly says it applies to applicants from outside the UK.