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other dependants of a person with zambrano right.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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stani121
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other dependants of a person with zambrano right.

Post by stani121 » Thu Nov 08, 2012 7:08 pm

I wanted to know if a person is accepted to having a Zambrano right and enters or is given leave on this basis.What is the position with there other dependants for example they have a partner or other children who are visa nationals.Can they enter or remain on the same basis as the main applicant with a Zambrano right?

GLH2012
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Re: other dependants of a person with zambrano right.

Post by GLH2012 » Tue Nov 27, 2012 2:27 am

stani121 wrote:I wanted to know if a person is accepted to having a Zambrano right and enters or is given leave on this basis.What is the position with there other dependants for example they have a partner or other children who are visa nationals.Can they enter or remain on the same basis as the main applicant with a Zambrano right?
This is interesting because i actually applied under zambrano with a dependent child, Home office issued CoA from last year. Last week i received 2 fresh application forms for my daughter and myself. We filled the section dependent of carer of a British citizen for her. In essence it became 2 separate applications (one application for me and one for my other dependent child who is not British) but i am not so sure about dependent as a partner. The form has a section on sharing care responsibility though.

Prince74
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Re: other dependants of a person with zambrano right.

Post by Prince74 » Tue Nov 27, 2012 1:49 pm

GLH2012 wrote:
stani121 wrote:I wanted to know if a person is accepted to having a Zambrano right and enters or is given leave on this basis.What is the position with there other dependants for example they have a partner or other children who are visa nationals.Can they enter or remain on the same basis as the main applicant with a Zambrano right?
This is interesting because i actually applied under zambrano with a dependent child, Home office issued CoA from last year. Last week i received 2 fresh application forms for my daughter and myself. We filled the section dependent of carer of a British citizen for her. In essence it became 2 separate applications (one application for me and one for my other dependent child who is not British) but i am not so sure about dependent as a partner. The form has a section on sharing care responsibility though.
I visited my solicitor yesterday and we completed my Zambrano applications. My daughter and wife are both British and dependent upon me. She completed 2 applications, one for my wife and the other for my child.

Obie
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Post by Obie » Tue Nov 27, 2012 3:15 pm

Zambrano application tend to fail when one of the parents of a child are British, even if their is financial dependancy, unless there are health issues, or reason to believe that if the applicant is refused, it will result in the child and other British dependant having to relocate out of the european union with the person with the right f residence.

I would suggess an article 8 application, at least with that one , the person has a prospect of securing ILR after a period of 10 years, or if they had been living lawfully in the UK previously, when they accrue 10 years of lawful residence.
Smooth seas do not make skilful sailors

Prince74
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Post by Prince74 » Tue Nov 27, 2012 5:04 pm

Obie wrote:Zambrano application tend to fail when one of the parents of a child are British, even if their is financial dependancy, unless there are health issues, or reason to believe that if the applicant is refused, it will result in the child and other British dependant having to relocate out of the european union with the person with the right f residence.

I would suggess an article 8 application, at least with that one , the person has a prospect of securing ILR after a period of 10 years, or if they had been living lawfully in the UK previously, when they accrue 10 years of lawful residence.
For those who are eventually granted residence permit based on Zambrano and the person is married to a British citizen, I would think that the person can apply in-country as a spouse of the person thereby switching from Zambrano to spouse visa.

Obie
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Post by Obie » Tue Nov 27, 2012 5:08 pm

A derivative Residence card is not the same as leave to remain under the immigration rules, therefore an out country application will be required as a spouse.
Smooth seas do not make skilful sailors

stani121
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Post by stani121 » Tue Nov 27, 2012 11:00 pm

Hi
It seems that they have accepted your non british child as your dependant and given her the same type of status as you.I think there will be many different types of family relationships which will effect the british citizen if the main applicant is removed.The case i described involves the real mother of british children wnating to enter with her british children to take up a zambrano right.If her husband or other no british children are not allowed to come.Then this will prevent the British children from also comming. what do u think? I think if it is out of country application there will be many hurdles for the main applicant never mind other dependants.It would be intresting to know about entry clearance applications being made by anyone.please enlighten me if you have any information.I did see a solicitor regarding entry under zambrano about 1 year ago and was told its not possiable until its challenged.It seems though provision to enter on this basis is now possiable, but no forms or info is available from ukba website.

GLH2012
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Post by GLH2012 » Fri Dec 07, 2012 1:36 pm

stani121 wrote:Hi
It seems that they have accepted your non british child as your dependant and given her the same type of status as you.I think there will be many different types of family relationships which will effect the british citizen if the main applicant is removed.The case i described involves the real mother of british children wnating to enter with her british children to take up a zambrano right.If her husband or other no british children are not allowed to come.Then this will prevent the British children from also comming. what do u think? I think if it is out of country application there will be many hurdles for the main applicant never mind other dependants.It would be intresting to know about entry clearance applications being made by anyone.please enlighten me if you have any information.I did see a solicitor regarding entry under zambrano about 1 year ago and was told its not possiable until its challenged.It seems though provision to enter on this basis is now possiable, but no forms or info is available from ukba website.
I quite understand your question. The stepfather of the British citizen is equally as relevant in a family as the half-sister/brother. The mother who is the primary carer is the main applicant and as such my opinion is that the same status should be given to family members who apply as her dependents. You should try using the form for a family permit from outside the UK and see how it goes, because until you approach the High Commission, you can never know. For in-country application, we originally used the EEA2 form and later received the new forms from UKBA. They may have these forms ready at the High commission for all we know.

stani121
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Post by stani121 » Fri Dec 07, 2012 8:51 pm

Hi

The ukba website now states that out of country zambrano applicants should use family permit applications.The entry clerance officer is advised to refer such applications to European operational policy.I suspect that is liverpool or where ever the current in country applications are being decided.

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Post by allana2010 » Mon Mar 11, 2013 7:13 am

hi stani121,

Actually I applied EEA2 as a Primary carer of a British citizen child and I am outside UK.

I've sent my application last Nov. 2012 with a reference person my cousin to send all my correspondents to her coz postal system in my country is really outrageous. But i did explained it to ukba in my cover letter. they gve me a CoA with right to work.. but i don;t know how to exercise this right to work as I am outisde of Uk. then came january 2013 they sent me through my cousin's address the new DRF1 form which there's a space to fill in for the british carers. but until then i ahven't heard from them.

I was actually thinking of applyng a family permit to get into UK and wait there for the DRC and let my daughter enjoy her being British. Do you think it would be possible? do I need to get our passports from liverpool to be able to apply for family permit or maybe i can apply without it? it concerns me as well coz my passport will expire this april.

Please do let me know if you ahve any informations regrding this coz I have been searching the internet over and over again just to get some ideas.
My employer is patiently waiting for me so I could continue my work.

Please please please do..


Aimee

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