needs some urgent suggestions on zambrano application

[stani121]

I want some advise for my cousin since been to 2 solicitors and even more confused as to the best cause of action.

The circumstances.

She is here on visitors visa valid to july 2013.She has 2 british children that have arrived with her.They are british through the father and the parents are diviorced since 2009.Just before arrival to the uk she entered into new marriage which has caused her problems from her ex husbands family in country of origin.she did not feel safe and left for the uk.Upon arrival in uk she has discovered that her ex british husband is in her country of origin.There has been a history of domestic violence and attempts to take the children from her care in past.This is documented with police reports in country of origin.She has applied to a ul court for a non molestation order, prohibted steps order and resisdence order.The ex husband was given notice abroad however did not respond.The orders have been granted in her favour.

She does not wish to return to country of origin becos of fear children will be taken of her due to the fact she has remarried and the law of that country may make that possiable given the age and gender of her children.She further feels unsafe for herself and children from real harm form her ex husband and his family.

She has been adivised to claim asylum although soilicitor feels it will be refused but will likely be granted DL.She wiill not have any restrictions on public funds.

The other option is to apply for DL out side the rules.However the catch is that her intial sponsor in the visit visa will be responsiable for her financially and the grant will be no recourse to public funds.

I want to know is this information correct are there different types of DL leave.I mean one that allows public funds and one that does not?

The third option is zambrano application any grant will alllow work and residence until youngest child is 18.

I am totally confused at to which is best option for her.Her emotional state will not allow her to work at this moment in time. Can one make a asylum application as well as zambrano at the same time?

Also she has been in country since feb 2013 . is uk residence order sufficient to prove primary care for her children?

would really like some feed back since some sort of application needs to be made to get the ball rolling very soon.

[wiggsy]

I want some advise for my cousin since been to 2 solicitors and even more confused as to the best cause of action.

The circumstances.

She is here on visitors visa valid to july 2013.She has 2 british children that have arrived with her.They are british through the father and the parents are diviorced since 2009.Just before arrival to the uk she entered into new marriage which has caused her problems from her ex husbands family in country of origin.she did not feel safe and left for the uk.Upon arrival in uk she has discovered that her ex british husband is in her country of origin.There has been a history of domestic violence and attempts to take the children from her care in past.This is documented with police reports in country of origin.She has applied to a ul court for a non molestation order, prohibted steps order and resisdence order.The ex husband was given notice abroad however did not respond.The orders have been granted in her favour.

She does not wish to return to country of origin becos of fear children will be taken of her due to the fact she has remarried and the law of that country may make that possiable given the age and gender of her children.She further feels unsafe for herself and children from real harm form her ex husband and his family.

She has been adivised to claim asylum although soilicitor feels it will be refused but will likely be granted DL.She wiill not have any restrictions on public funds.

The other option is to apply for DL out side the rules.However the catch is that her intial sponsor in the visit visa will be responsiable for her financially and the grant will be no recourse to public funds.

I want to know is this information correct are there different types of DL leave.I mean one that allows public funds and one that does not?

The third option is zambrano application any grant will alllow work and residence until youngest child is 18.

I am totally confused at to which is best option for her.Her emotional state will not allow her to work at this moment in time. Can one make a asylum application as well as zambrano at the same time?

Also she has been in country since feb 2013 . is uk residence order sufficient to prove primary care for her children?

would really like some feed back since some sort of application needs to be made to get the ball rolling very soon.

I REALLY DO NOT WANT TO PUT FEAR HERE BUT:

if the ex comes back to the uk and wants to take the kids off the non-eea national then zambrano wont give her the right to live here... because her removal wont mean the kids need to leave (the way the uk sees it).

it might make her case for custody of the kids "tricky"...

this might be something that you need to have a very detailed chat with a solicitor about.

as for what proves primary carer... thats anybodys guess.. lots of single parents where the father/british parent are no where to be found have been refused zambrano. so...

[stani121]

She has a uk residence order in place in her favour.This outlines that the children will remain with her.Also prohibted steps order that the children can not be taken from her care, also non molestation order for one year that the ex husband is not allowed to make any contact with her or encourage others to do so.There are also safeguarding issues regarding the abusive father.A cafcas report indicates that no contact can be made with children until the risk is assessed.I think the case presents strong grounds that the mother is responsiable for the childrens day to day care and a uk court has given order to that effect.I further dont think it would be in the best intrest of the children to reside with there father. when there are such issues.

i wonder if you know much about the others types of applications that she can make as mentioned in my request.

[wiggsy]

She has a uk residence order in place in her favour.This outlines that the children will remain with her.Also prohibted steps order that the children can not be taken from her care, also non molestation order for one year that the ex husband is not allowed to make any contact with her or encourage others to do so.There are also safeguarding issues regarding the abusive father.A cafcas report indicates that no contact can be made with children until the risk is assessed.I think the case presents strong grounds that the mother is responsiable for the childrens day to day care and a uk court has given order to that effect.I further dont think it would be in the best intrest of the children to reside with there father. when there are such issues.

i wonder if you know much about the others types of applications that she can make as mentioned in my request.

parent of a child in the UK might be another route too.

i dont think discretionary leave is granted now though, its instead the 10 year family life route. - which will apply the EX.1 excemption. (which is also loosely based upon Zambrano ruling)

As I said, i dont know if the order will affect a zambrano application... but zambrano doesnt lead to ILR / PR as it stands atm.