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Adult dependant zambrano

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stani121
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Adult dependant zambrano

Post by stani121 » Thu Nov 08, 2012 6:39 pm

Hi
I am intrested to know about any cases involving adult dependants based on Zambrano.If anyone has made such an application please share the outcome.

Prince74
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Re: Adult dependant zambrano

Post by Prince74 » Sun Nov 11, 2012 6:26 pm

stani121 wrote:Hi
I am intrested to know about any cases involving adult dependants based on Zambrano.If anyone has made such an application please share the outcome.
It is too early to say what the outcome would be. The Regulations only came into force on the 8th.

stani121
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Post by stani121 » Sun Nov 11, 2012 10:41 pm

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.

Prince74
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Posts: 150
Joined: Fri Feb 24, 2012 4:36 pm
Location: London

Post by Prince74 » Mon Nov 12, 2012 7:46 am

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.

stani121
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Post by stani121 » Mon Nov 12, 2012 10:44 pm

Thanks for the slides.why do you think you application will be refused since you have been granted COA.?

Prince74
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Location: London

Post by Prince74 » Tue Nov 13, 2012 7:57 am

stani121 wrote:Thanks for the slides.why do you think you application will be refused since you have been granted COA.?
Issuing CoA is not an indication that the application would succeed, it simply means the application has been accepted as being valid. I am no longer keen on Zambrano because it does not lead to permanent residence.

My solicitor advised me that even if I were to be granted a residence card on the basis of Zambrano, that I should subsequently make an application within the immigration rule as a partner of my wife.

At the moment, we can't do anything until my Zambrano application is decided. All we can do is to wait.

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