EEA Family Permit under Zambrano outside UK (desperately)

[frances18]

Hello! I desperately need help. I did a voluntary exit last Feb 22, 2016 so I'm ban for a year. I brought my British Child who holds a British Passport with me. I thought our lives will be okay here in the Philippines but I was wrong. We are having difficulties financially and emotionally. My husband who is a British citizen is in London studying full time and works only a few hours in a week or sometimes none. I want us to go back to UK because I am worried and afraid for my child's well being. I am his primary carer that's why he is here with me. I was wondering if I can apply for EEA family Permit on the basis of Zambrano? Will this apply to me? My husband and i could not meet the income requirement for spouse visa. I cant apply for visit visa due to my overstaying history. Please help anyone.

[Casa]

If your husband is British and you are not an EEA national, you don't qualify for an EEA permit.

[noajthan]

Hello! I desperately need help. I did a voluntary exit last Feb 22, 2016 so I'm ban for a year. I brought my British Child who holds a British Passport with me. I thought our lives will be okay here in the Philippines but I was wrong. We are having difficulties financially and emotionally. My husband who is a British citizen is in London studying full time and works only a few hours in a week or sometimes none. I want us to go back to UK because I am worried and afraid for my child's well being. I am his primary carer that's why he is here with me. I was wondering if I can apply for EEA family Permit on the basis of Zambrano? Will this apply to me? My husband and i could not meet the income requirement for spouse visa. I cant apply for visit visa due to my overstaying history. Please help anyone.

Mabuhay!

Zambrano is complex. if you were residing in UK you might be able to invoke Zambrano, either under UK immigration regs or in its EU flavour (of derivative residence rights).
Professional advice would probably be appropriate.

The difficulty you have now is getting back into UK in first place. You won;t get a FP.

The only other route you may have is Surinder Singh via Europe if hubby is able to uproot and work in a EU memberstate.
You and child would join hubby in EU and live there before returning to UK in a year or so.

Malta is an English-speaking and Anglophile country that may be worth looking at unless hubby has ties to any other EU country.

This option has not yet been killed off by the recent UK referendum result - it maybe your only hope so worth looking into.
See https://www.freemovement.org.uk/surinde ... ion-route/

[frances18]

If your husband is British and you are not an EEA national, you don't qualify for an EEA permit.

I have found a forum here that is similar to my situation. http://www.immigrationboards.com/eea-ro ... 22450.html

I thought I'm eligible for EEA Family Permit under Zambrano because I met the conditions provided in Regulation 15A(4A) and also under Regulation 12(1A). I am the primary carer of my son. Am I wrong in assuming this?

[Casa]

See noajthan's response above.

[frances18]

Hello! I desperately need help. I did a voluntary exit last Feb 22, 2016 so I'm ban for a year. I brought my British Child who holds a British Passport with me. I thought our lives will be okay here in the Philippines but I was wrong. We are having difficulties financially and emotionally. My husband who is a British citizen is in London studying full time and works only a few hours in a week or sometimes none. I want us to go back to UK because I am worried and afraid for my child's well being. I am his primary carer that's why he is here with me. I was wondering if I can apply for EEA family Permit on the basis of Zambrano? Will this apply to me? My husband and i could not meet the income requirement for spouse visa. I cant apply for visit visa due to my overstaying history. Please help anyone.

Mabuhay!

Zambrano is complex. if you were residing in UK you might be able to invoke Zambrano, either under UK immigration regs or in its EU flavour (of derivative residence rights).
Professional advice would probably be appropriate.

The difficulty you have now is getting back into UK in first place. You won;t get a FP.

The only other route you may have is Surinder Singh via Europe if hubby is able to uproot and work in a EU memberstate.
You and child would join hubby in EU and live there before returning to UK in a year or so.

Malta is an English-speaking and Anglophile country that may be worth looking at unless hubby has ties to any other EU country.

This option has not yet been killed off by the recent UK referendum result - it maybe your only hope so worth looking into.
See https://www.freemovement.org.uk/surinde ... ion-route/

Thank you for your reply but my husband wont be able to relocate in another EU country. will my response to Casa above not suffice?

[frances18]

See noajthan's response above.

My husband wont be able to relocate to another EU country Im afraid. how about my response to you earlier? will that not be enough?

[Casa]

See noajthan's response above.

My husband wont be able to relocate to another EU country Im afraid. how about my response to you earlier? will that not be enough?

noajthan isn't online at present. You'll have to be patient.

[noajthan]

My understanding is you won't get a FP. (But I hope you could).
The child has a father in UK, you are not estranged from him so you are not really a sole carer. The child could live with father in UK (with difficulties, that's a given).

Also my understanding is Zambrano applies for those resident in UK and you and your child are not resident in UK.

I could be wrong - which is why I advised you get appropriate professional advice.

You could always apply for the FP, its free after all. But if you don't have an advisor to help you formulate the application it may go wrong.
(I have heard of cases where a non-EEA parent in UK has had to leave because the child had another parent with a right to reside in UK - so hope for the best but plan for the worst).

Good luck.

[noajthan]

See HO guidance on Zambrano:
https://www.gov.uk/government/uploads/s ... mbrano.pdf

The problem:

For persons who share equal responsibility with another person who is exempt [eg British] then neither person will be able establish for the purposes of the Regulations that they come within the definition of a primary carer and therefore neither will be entitled to a derivative right of residence

If there is another person in the UK who can care for the British citizen, the derivative residence card must be refused on the basis that such a refusal would not result in the British citizen being forced to leave the EEA