Parent of a British citizen and EU Settlement Scheme

[Topsibelle]

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 ?

Can you prove your 5 years residence? Having a 2 year old has nothing to do with it. The 5 years residence does not have to be the 5 years preceding the application.

[naa]

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.

Thanks

[ziggylad]

Thanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?

Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen

[Topsibelle]

Thanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?

Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen

Yes tick the 1st option.

Section 6....There is no reason whatsoever why the British citizen would have to leave the UK as this our home. We have no reason to leave our home.
Write that.

All the best.

[ziggylad]

Thanks so much, that was really helpful. Last question is section 8.02 Residence details “ when did you start living in the UK as a person with a Zambrano right of residence ? “

Is that the date that I started living in the uk or what ?
Thanks

[Topsibelle]

When did you start living with a Zambrano residence card not when you started living in the UK.

For instance l started living in the UK from 2003 but started living with Zambrano derivative residence card from May 2014.

[ziggylad]

That was 2018 but it’s a 2.5 10 yrs route brp

[Topsibelle]

Continuous qualifying period of 5 years

"An EEA citizen will be eligible for ILE or ILR under the scheme, as a relevant EEA citizen under condition 3 in rule EU11, where they have completed a continuous qualifying period of residence in the UK and Islands of 5 years – as a relevant EEA citizen, a family member of a relevant EEA citizen, a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, a person with a derivative right to reside or a person with a Zambrano right to reside, or in any combination of those categories"

I think you should stick 5 years and if they come back to say it is not 5 years based in their proof then so be it.

[Nyamebeye]

Thanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?

Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen

Yes tick the 1st option.

Section 6....There is no reason whatsoever why the British citizen would have to leave the UK as this our home. We have no reason to leave our home.
Write that.

All the best.

Hello,

Just to be clear, if the child's other parent is a British Citizen, your Zambrano application will fail. The HO is clear about this. If you have time, read the case of Patel and Shah which the Supreme court recently heard (7th May 19) and we are awaiting decision. Its a very complicated case.

The bottom line is the British citizen child will not be forced to leave the UK if the other parent is British and able and willing to look after the child. the test here is compulsion not choice. Will the British child be compelled to leave the UK or EU when the third country nation is asked to leave?
Topsibelle, you have a good case because neither you nor your husband is British. That was same as my case which I won at Upper tribunal. So technically if we were asked to leave, then our child will be compelled to leave. Same as Ruiz Zambrano and his wife who were Colombian nationals.
The application appears straightforward to complete but its tricky. It requires legal advise.

Also anyone with 2.5 years limited leave will fail Zambrano application. The route is not for you.Its for people who have no other means or legal right to remain tin the UK. The HO is not that kind to grant you indefinite leave after 5 years when they have put you on a 10 year route. just think about this.£2033 vrs £0.

Topsibelle, just to clarify the EEA regulations/rules have not changed. Its only the guidance notes that the HO has amended which all legal reps I have spoken to have said it is illegal. Thats just like a manual. EU laws are different from domestic laws and as such they cannot force everyone to apply under domestic rules. This is like telling a German nation to apply for work permit under UK immigration rules when they can freely work here without the need for work permit under EU laws.

The 5 years qualifying period starts from when you became the primary carer of the British child not when the derivative residence card was issued to you.
For example, your child was registered as a British citizen when they turned 10 years in August 2014. You applied for derivative residence card in Dec 2015 which was issued in April 2016. Your five years qualifying residence starts from when the child got their British registration certificate in Aug 2014 so you qualify for indefinite in Aug 2019 not April 2020 (Read the case of Sanneh).

Thanks

[Nyamebeye]

That was 2018 but it’s a 2.5 10 yrs route brp

Hi Ziggylad
This route is not for you. Your application will be refused. 2.5 year route does not qualify under Zambrano.

[Topsibelle]

Thanks for her response, yes I can prove 5 years residence in the UK. In that case should I rock the first option which states “I have completed a continuous qualifying period of 5 years in the UK as a person with a Zambrano right to reside ?

Also please can you help me with Section 6 “ explaining in what circumstances the British citizen would have to leave the uk should I be required to leave”
The British child mother is also a British citizen

Yes tick the 1st option.

Section 6....There is no reason whatsoever why the British citizen would have to leave the UK as this our home. We have no reason to leave our home.
Write that.

All the best.

Hello,

Just to be clear, if the child's other parent is a British Citizen, your Zambrano application will fail. The HO is clear about this. If you have time, read the case of Patel and Shah which the Supreme court recently heard (7th May 19) and we are awaiting decision. Its a very complicated case.

The bottom line is the British citizen child will not be forced to leave the UK if the other parent is British and able and willing to look after the child. the test here is compulsion not choice. Will the British child be compelled to leave the UK or EU when the third country nation is asked to leave?
Topsibelle, you have a good case because neither you nor your husband is British. That was same as my case which I won at Upper tribunal. So technically if we were asked to leave, then our child will be compelled to leave. Same as Ruiz Zambrano and his wife who were Colombian nationals.
The application appears straightforward to complete but its tricky. It requires legal advise.

Also anyone with 2.5 years limited leave will fail Zambrano application. The route is not for you.Its for people who have no other means or legal right to remain tin the UK. The HO is not that kind to grant you indefinite leave after 5 years when they have put you on a 10 year route. just think about this.£2033 vrs £0.

Topsibelle, just to clarify the EEA regulations/rules have not changed. Its only the guidance notes that the HO has amended which all legal reps I have spoken to have said it is illegal. Thats just like a manual. EU laws are different from domestic laws and as such they cannot force everyone to apply under domestic rules. This is like telling a German nation to apply for work permit under UK immigration rules when they can freely work here without the need for work permit under EU laws.

The 5 years qualifying period starts from when you became the primary carer of the British child not when the derivative residence card was issued to you.
For example, your child was registered as a British citizen when they turned 10 years in August 2014. You applied for derivative residence card in Dec 2015 which was issued in April 2016. Your five years qualifying residence starts from when the child got their British registration certificate in Aug 2014 so you qualify for indefinite in Aug 2019 not April 2020 (Read the case of Sanneh).

Thanks

Thank you very much. I have drafted my appeal and will send it in. I agree with all you wrote. However, for the FM 10 year route people, l agree but as the EU settlement scheme is free then it's worth trying.

Thanks again.

[Topsibelle]

They are definitely knocking out Zambrano for all applicants at the moment and trying to steer them towards 10 year route albeit illegally. As you said as a British citizen carer u already have derived residence status. The residence card is to show employers and for reentry into.the country.

[Ugofify]

That was 2018 but it’s a 2.5 10 yrs route brp

Hi Ziggylad
This route is not for you. Your application will be refused. 2.5 year route does not qualify under Zambrano.

Please what happens to a person who had a zambrano residence card for five years and is now with leave to remain 2.5 years.

[Nyamebeye]

That was 2018 but it’s a 2.5 10 yrs route brp

Hi Ziggylad
This route is not for you. Your application will be refused. 2.5 year route does not qualify under Zambrano.

Please what happens to a person who had a zambrano residence card for five years and is now with leave to remain 2.5 years.

Sadly as you have converted to leave go remain under immigration rules, it will be difficult and almost impossible to use Zambrano again.

[Ugofify]

That was 2018 but it’s a 2.5 10 yrs route brp

Hi Ziggylad
This route is not for you. Your application will be refused. 2.5 year route does not qualify under Zambrano.

Please what happens to a person who had a zambrano residence card for five years and is now with leave to remain 2.5 years.

Sadly as you have converted to leave go remain under immigration rules, it will be difficult and almost impossible to use Zambrano again.

Ok thanks for your reply.I am applying for settled status based on 5 years on zambrano without leave to remain.

[Nyamebeye]

Oh ok. I think you should go ahead and apply. We will wait and see thier response.

[Jen1979]

Good morning, I’ve been following this post for a while,, and have a question. I’m the parent of 2 British children, one with special needs. I’m on my second derivative resident card, which expires in 2023. I’m in the process of applying for the EU settlement scheme, what are my chances of success. Thanks in advance.

[Topsibelle]

Good morning, I’ve been following this post for a while,, and have a question. I’m the parent of 2 British children, one with special needs. I’m on my second derivative resident card, which expires in 2023. I’m in the process of applying for the EU settlement scheme, what are my chances of success. Thanks in advance.

Go for it...it's free so you are not losing anything.

[njazzy]

hi everyone, sent out my forms exactly 3 weeks today. no COA, i mean no feedback at all from the EU Resolution centre. anyone posted his forms as the primary carer of a british citizen?

[Ugofify]

I just received my letter for biometric today and passport back for mine and my British son.So fingers crossed

[njazzy]

When did you submitted your application please?

[njazzy]

Timeline
Application sent: 10th June,19 via special delivery.
Application received by Home office. 11 th June. 19
Biometrics letter : 5th July,2018

[njazzy]

Timeline
Application sent: 10th June,19 via special delivery.
Application received by Home office. 11 th June. 19
Biometrics letter : 5th July,2018
Biometrics enrolled: 5th July,2018

[Jen1979]

Timeline
Application sent: 10th June,19 via special delivery.
Application received by Home office. 11 th June. 19
Biometrics letter : 5th July,2018
Biometrics enrolled: 5th July,2018

Have you done biometrics before. I’m wondering if I will be asked to do biometrics again, I sent off my forms, however I did biometrics February 2018, when I renew my derivative residence card

[njazzy]

Yes I have done biometrics before but they asked me to do it again.