stani121 wrote:Thanks for your response.was you application based on British child or a British adult dependant?My relative sought some advise about making a Zambrano application based on the care she provides her elderly relatives.The solicitor at first said she was able to however after discussion with her senior advised that becuase of of another case Decreci it would not meet the scope of zambrano.Since if she was required to leave her elderly relatives will not be required to leave since they would have social services to assist with their care.Even though they would prefer a family memeber to care for them this would not meet the scope of zambrano.The solicitor instead advised to make a Human rights application based on article 3 in respect of the disabled relatives right to life in the sense that if the personal care a relatives provided them would be taken away this will be detrimental to their wellbeing and thus their life.This is the reason i was intrested to hear from people who have made applications in relation to adults and not children.Any such cases would be of interest to me.
Hi, look at the link below, you will the slides helpful:
http://cornerstonebarristers.com/wp-con ... LIDES_.pdf
My Zambrano application was based on my British child, my wife is also British and also depends on me as a carer because she has a medical condition. My solicitor has told me that my application may not succeed but that I may succeed if I make an application as my wife carer. I am not willing to do this, because even if my application succeeds, it does not lead to permanent residence.
My plan now is to appeal on Article 8 grounds once my Zambrano application is refused because they would give me the right to appeal. I Aldo have Article 8 application with the UKBA for 2.5 years.