Updates on Zambrano applications

[Topsibelle]

Hello everybody,

I'm back with a new challenge and I'm tearing my hair out now.

I need some help here pls. I got the derivative residence card in May as my two kids are British and EU citizen respectively. I applied to do my Masters in Social Work and got offered admission to one of the universities in London. The university said they will definitely be include me on the list for NHS bursary. I applied for the bursary and NHS has come back to say that I am ineligible on residence criteria. Here is the extract from the email I got;

"Thank you for your query regarding your ineligibility for a social work bursary on residency grounds. Your Home Office documents show that you do not have indefinite leave to remain in the UK and you only have a derivative residence card which only allows you to live and work in the UK as long as you remain the main carer of someone who has a right to live in the UK. Any time spent in the UK with a derivative right of residence would not count towards any application for indefinite leave to remain. Therefore you do not meet the residency criteria for a social work bursary"

This is strange as derivative implies that you get the same rights and benefits as from your EEA/ British family member. The criteria on their website states, "As well as being ordinarily resident in England on the first day of your course, European Union nationals must have been living in the United Kingdom, the Channel Islands or the Isle of Man for the three years immediately before the first day of the first academic year of the course and 51% of those three years must have been in England".

I can prove that I have been in the UK for the last 11 years so able to prove the 3 years residence rule. I honestly am at a cross road and need help to prove my eligibility. University starts in September and I have little time and energy to fight. Pls help me.

Thanks

[ada4msd]

OMG!! This is a shocker. Apparently this is discriminating. The DRC allows one to study, live and work. I just dont understand. I am about to enrol for access course this week though still waiting for my card, this is not good news. That means all drc holders must FIGHT to cross every bridge.

[ada4msd]

Hi Topsibelle, sorry to ask this, did you apply for any benefit; child tax credit or working tax credit etc that was approved. Because if it is approved by HMRC then you could qualify for the bursary. You can forward such letters to NHS. We are all in this, together. I pray we win this fight.

[Topsibelle]

Hi Topsibelle, sorry to ask this, did you apply for any benefit; child tax credit or working tax credit etc that was approved. Because if it is approved by HMRC then you could qualify for the bursary. You can forward such letters to NHS. We are all in this, together. I pray we win this fight.

Thanks for your input.

Yes, I did apply for child tax credit and child benefit which I am getting till now. I've been told I can get housing benefit as well. I have all these documents. I'm putting together a pile of documents to show I've been resident here since 2003 and yes and thank you I will put the benefits award letters in to build a strong case.

[Topsibelle]

Honestly, it us draining that we have to fight for every thing. I'm positive I'm eligible for the bursary but is just need help to build a strong case.

[ada4msd]

It is draining indeed. I read according to University criteria; if you are a family member of an eea or if you are receiving any of the qualifying benefits, then you are entitled to bursary. Dont loose hope. Forward all documents to them and I just read somewhere now that qualifying for student bursary is on case by case situation. I believe you are qualified, pls do keep us updated. I will support you all the way. Will continue reading as i wait for them to send my card. If i come across anything positive, I will communicate with you. Be strong, u already won the bigger part.

[Topsibelle]

It is draining indeed. I read according to University criteria; if you are a family member of an eea or if you are receiving any of the qualifying benefits, then you are entitled to bursary. Dont loose hope. Forward all documents to them and I just read somewhere now that qualifying for student bursary is on case by case situation. I believe you are qualified, pls do keep us updated. I will support you all the way. Will continue reading as i wait for them to send my card. If i come across anything positive, I will communicate with you. Be strong, u already won the bigger part.

Thank you so much Ada for your encouragement. I will keep fighting for it.

[Topsibelle]

I got the email below from them today. What I know is the recipient of DRC has the same rights as EEA citizens bc they derive their rights from their EEA family members. Obviously, the NHS bursary Assessors need need to go on training and update their knowledge. The email below;

Thank you for your query regarding eligibility.

I can confirm that the reason you do not qualify under our residency/eligibility rules is because you do not meet any of the following points as a UK national in your own right, your immigration status is based on that of your children. The points are based on that of you, your spouse or your parents – not your children.
As well as being ordinarily resident in England on the first day of your course, you must meet one of the following rules:
You, your spouse/civil partner or your parents are United Kingdom (UK) nationals who have returned from work in another member country of the European Economic Area (EEA) or Switzerland and have got a job in the UK, and you have been living in the EEA for the three years before the first day of the first academic year of your course.
You, your spouse/civil partner or your parents are from an EEA country or Switzerland and you can show that you, your spouse/civil partner or either of your parents have migrant worker status and you have been living in the EEA or Switzerland for the three years before the first day of the first academic year of your course.
You, your spouse/civil partner or your parents are a frontier worker, i.e. from an EEA country or Switzerland, work in England and return to a residence in the EEA or Switzerland at least once a week and you have been living in the EEA or Switzerland for the three years before the first day of the first academic year of your course.
You, your spouse/civil partner or your parents are recognised by the British Government as a refugee* and have lived in the UK, the Channel Islands or the Isle of Man since you were informed of your refugee status.
You, your spouse/civil partner or your parents have been granted humanitarian protection* in the UK by the Home Office and you have been living in the UK, the Channel Islands or the Isle of Man for the three years before the first day of the first academic year of your course.
*Your Home Office papers confirming your refugee status or humanitarian protection must be valid for the full duration of the academic year. You are not eligible if your Home Office papers have an expiry date which is before the end of the academic year. If you are applying for a bursary as the spouse/civil partner of someone who has been granted refugee status or humanitarian protection, you must have been their spouse or civil partner at the time of their application for asylum.
If you have any further queries regarding this then please feel free to contact us.

[ada4msd]

They need to update this their selection criteria. It is outdated because, they have not considered drc, only rc, which is improper. If u are qualified for other benefits, how come u are not qualified for bursary. Weird!!.

[Topsibelle]

Honestly, I'm just tired of it all.

[ada4msd]

Do not give up. That is why ''they wanted all to switch to flr..." NHS will be getting more applications from drc, then they will update it. On my way to work. If i come across anything will forward it. Aluta continua!!

[ada4msd]

@ Topsibelle, please check your pm.

[Topsibelle]

Exactly bc they know DRC holders have the same rights as EEA.

[ada4msd]

@Topsibelle, how are you. Did you manage to send them your document? Just can't comprehend all these. What I don't understand is why won't they accept derived right from children, but will if it is derived from spouse/parents. The next thing then is, because some courses cannot be self funded, appatently DRC holders cannot study some courses. In that case what group do drc holders belong to in terms of paying fees by themself. EU/UK or International Students. This is ridiculous.

[Topsibelle]

@Topsibelle, how are you. Did you manage to send them your document? Just can't comprehend all these. What I don't understand is why won't they accept derived right from children, but will if it is derived from spouse/parents. The next thing then is, because some courses cannot be self funded, appatently DRC holders cannot study some courses. In that case what group do drc holders belong to in terms of paying fees by themself. EU/UK or International Students. This is ridiculous.

Thanks for checking on me. I'm waiting for some documents from my bank and energy company to show that I've been resident in the country for the 3 years preceding the academic year. I just want to cover all avenues. Fingers crossed.

[ada4msd]

Good decision. God will see you through.

[Topsibelle]

Thank you Ada

[ada4msd]

@Topsibell, just checking on you. Hope you are okay. How far have you gone with resolving
that challenge? Did you finally send your documents? Any news yet from the Bursary Assessors.

[greatreasons]

Thank you Ada

Dear all,

Hope all is well and Topsibelle I hope you get the financial aid you require, I'm confused as to why you were refused.

I require advice regarding an application I would like to lodge. I intend to apply for Derivitive Residence Card based on the following:

I have a daughter under a month old and she is british, based on her father is british.
Her father is married to another and we do not have a relationship. It's all complicated there. As you can imagine he has no interest in looking after my daughter because it will be detrimental to his marriage.

I am the main career of my daughter but looking up the UKBA caseworker guidelines for Derivative Residence for British Children they require that the applicant should adequate evidence of dependency of british citizen and the applicant. What is considered adequate evidence?

Further research gave examples of evidence that the British citizen is dependent on you are court orders, care responsibilities, medical evidence.

But what do I require to show this is the case.

I'm aware that they refused you based on the other British Parent living in the UK. How can I demonstrate that even if he's in the UK he does not want responsiblity of looking after my daughter?

My baby is very young and does not have much evidence in the way of care responsiblities, any suggestions on how I can achieve this?

Lastly my baby does not have any adverse medical problems, and I do not have any court orders relating to my child.

Any advice on what I need to build a successful case?

I'm not going the route of FLR(FP) at this time as I do not have the funds for this. Derivative route is what I can afford.

Thanks in advance all.

[rods2]

Hi Topsibelle, sorry to ask this, did you apply for any benefit; child tax credit or working tax credit etc that was approved. Because if it is approved by HMRC then you could qualify for the bursary. You can forward such letters to NHS. We are all in this, together. I pray we win this fight.

Thanks for your input.

Yes, I did apply for child tax credit and child benefit which I am getting till now. I've been told I can get housing benefit as well. I have all these documents. I'm putting together a pile of documents to show I've been resident here since 2003 and yes and thank you I will put the benefits award letters in to build a strong case.

Hi all, im a zambrano carer. my appeal allowed n march and i have not receive my passport. i have applied for CB and child tax credit i have got my CB but not the child tax credit. could please someone advise if i could apply for housing help? thanks alot in advance

[Topsibelle]

@Ada thank you. I sent the appeal letter off, they've acknowledged it so fingers crossed. Lets see what they come back with.

[Topsibelle]

Thank you Ada

Dear all,

Hope all is well and Topsibelle I hope you get the financial aid you require, I'm confused as to why you were refused.

I require advice regarding an application I would like to lodge. I intend to apply for Derivitive Residence Card based on the following:

I have a daughter under a month old and she is british, based on her father is british.
Her father is married to another and we do not have a relationship. It's all complicated there. As you can imagine he has no interest in looking after my daughter because it will be detrimental to his marriage.

I am the main career of my daughter but looking up the UKBA caseworker guidelines for Derivative Residence for British Children they require that the applicant should adequate evidence of dependency of british citizen and the applicant. What is considered adequate evidence?

Further research gave examples of evidence that the British citizen is dependent on you are court orders, care responsibilities, medical evidence.

But what do I require to show this is the case.

I'm aware that they refused you based on the other British Parent living in the UK. How can I demonstrate that even if he's in the UK he does not want responsiblity of looking after my daughter?

My baby is very young and does not have much evidence in the way of care responsiblities, any suggestions on how I can achieve this?

Lastly my baby does not have any adverse medical problems, and I do not have any court orders relating to my child.

Any advice on what I need to build a successful case?

I'm not going the route of FLR(FP) at this time as I do not have the funds for this. Derivative route is what I can afford.

Thanks in advance all.

Hi @greatreasons i honestly think your child is too young to build a case that the father has not been responsible for her. I suggest you wait a year to demonstrate you are the sole carer...otherwise, there is a 99% chance that you will be refused the DRC.

[Topsibelle]

Hi Topsibelle, sorry to ask this, did you apply for any benefit; child tax credit or working tax credit etc that was approved. Because if it is approved by HMRC then you could qualify for the bursary. You can forward such letters to NHS. We are all in this, together. I pray we win this fight.

Thanks for your input.

Yes, I did apply for child tax credit and child benefit which I am getting till now. I've been told I can get housing benefit as well. I have all these documents. I'm putting together a pile of documents to show I've been resident here since 2003 and yes and thank you I will put the benefits award letters in to build a strong case.

Hi all, im a zambrano carer. my appeal allowed n march and i have not receive my passport. i have applied for CB and child tax credit i have got my CB but not the child tax credit. could please someone advise if i could apply for housing help? thanks alot in advance

Hi,

Yes you can apply and will get the housing and council tax benefit. They will require your passport but you can write a letter saying it is still with the home office. Again, yes you are eligible.

Regards

[rods2]

Yes, I did apply for child tax credit and child benefit which I am getting till now. I've been told I can get housing benefit as well. I have all these documents. I'm putting together a pile of documents to show I've been resident here since 2003 and yes and thank you I will put the benefits award letters in to build a strong case.[/quote]

Hi all, im a zambrano carer. my appeal allowed n march and i have not receive my passport. i have applied for CB and child tax credit i have got my CB but not the child tax credit. could please someone advise if i could apply for housing help? thanks alot in advance[/quote]

Hi,

Yes you can apply and will get the housing and council tax benefit. They will require your passport but you can write a letter saying it is still with the home office. Again, yes you are eligible.

Regards[/quote]

Hi Topsibelle i really appreciate your kind response. i have tried many times i even ask help with social services as i could not afford my rent anymore. im working so they said im not destitute therefore they can not help me. i live in london and what i have read online that zambrano carer are not entitled for welfare benefits. even no recourse to public funds team in my area do not want to help me. im confused with this zambrano benefits entitlement. could any one please help.

[Topsibelle]

Yes, I did apply for child tax credit and child benefit which I am getting till now. I've been told I can get housing benefit as well. I have all these documents. I'm putting together a pile of documents to show I've been resident here since 2003 and yes and thank you I will put the benefits award letters in to build a strong case.

Hi all, im a zambrano carer. my appeal allowed n march and i have not receive my passport. i have applied for CB and child tax credit i have got my CB but not the child tax credit. could please someone advise if i could apply for housing help? thanks alot in advance[/quote]

Hi,

Yes you can apply and will get the housing and council tax benefit. They will require your passport but you can write a letter saying it is still with the home office. Again, yes you are eligible.

Regards[/quote]

Hi Topsibelle i really appreciate your kind response. i have tried many times i even ask help with social services as i could not afford my rent anymore. im working so they said im not destitute therefore they can not help me. i live in london and what i have read online that zambrano carer are not entitled for welfare benefits. even no recourse to public funds team in my area do not want to help me. im confused with this zambrano benefits entitlement. could any one please help.[/quote]

Hi,

You are very entitled to housing benefits. I have DRC which I got in a May and I get part housing benefits as I am self employed. You need to be more assertive with them and when you do get it ask for back payment from when you first applied and they refused you.

Read this link and use it in your letter to your council....www.gardencourtchambers.co.uk "Adrian Berry wins Court of Appeal case confirming the direct applicability of EU Zambrano rights"

Hope this helps and all the best.