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ZAMBRANO RIGHTS

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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susysweet
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Joined: Wed Mar 21, 2018 9:26 pm
United Kingdom

ZAMBRANO RIGHTS

Post by susysweet » Wed Mar 21, 2018 10:04 pm

i have been in this country since 1993, married to a British born in 2001 and had two over 18 kids (classed as adults), 3 grandchildren too. Leave to remain initially, moved to indefinite leave to remain in 2005. moved my only 1 parent into the country from Africa, she received permanent residence on the basis of family. got a imprisonment for over 12months (16mths) to be precise which triggered an auto DEPORTATION over the criminal threshold and removal direction were imminent. no directions for removal by the judge on sentencing. fought on the basis of article 8 of ECHR but judge at T1 refused, application on ONE-STOP refusal again, revoking my deportation order, refusal again,detained but bailed with conditions on signing on. 5 years signing on and at the same time parent became a British citizen.

i logged a ZAMBRANO APPLICATION after i acquired the Derivative rights as a carer for 5years, received a bio-metric letter, letter of working and also continued to sign on as per my bail 5 yrs again. I got detained while signing on under my zambrano application refusal on the day i got detained. lodged an appeal, imminent refusal again, removal directions expedited quickly but got an injunction & judicial review on Upper Tribunal on all my case refusals and stay direction was granted. applied for Bail with HO, refusal granted, applied for Tribunal Bail, granted with signing on conditions. HO tried to appeal on the injunction on the basis of absconding, re-offending and won't abide by the condition due to new application and case to what i had 5 years ago but to no success. All my appeals deemed excused by HO apart from the zambrano case. Still married, 2 adults children, 3 grandchildren and a British parent whom i am a registered care-giver with no recourse to public funds in the last 6 years. fighting my stay in UK on the basis i am a criminal with treat to public and health while i have not even worked, no benefits, no health cost(thank God I am well) hence removal for crime in 2012

I need to draw up an appeal on for my judicial review in 4 months time...any help with points i need to draw to please. all will be appreciated for all.....

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ZAMBRANO RIGHTS

Post by Obie » Wed Mar 21, 2018 11:30 pm

Have you ever been issued leave as a Zambrano Carer previously?

Zambrano carer are entitled to the protection in the regulations. They cannot be removed just for criminal conviction, the have to pose genuine and sufficient threat affecting one of the fundamental interest of society. A 6 years conviction can hardly meet that requirements.
Smooth seas do not make skilful sailors

susysweet
Newly Registered
Posts: 3
Joined: Wed Mar 21, 2018 9:26 pm
United Kingdom

Re: ZAMBRANO RIGHTS

Post by susysweet » Wed Mar 21, 2018 11:40 pm

Thank Obie for you response... no they have never issued me with a zambrano card... I had to use this route to stay with my family, lived here since I was 18. And they excused all my appeal just coz I received a custodial sentence of 15mths..

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ZAMBRANO RIGHTS

Post by Obie » Wed Mar 21, 2018 11:48 pm

Well that may be wrong in light of the development on the caselaws.
Smooth seas do not make skilful sailors

susysweet
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Posts: 3
Joined: Wed Mar 21, 2018 9:26 pm
United Kingdom

Re: ZAMBRANO RIGHTS

Post by susysweet » Wed Mar 21, 2018 11:54 pm

And that’s why I want to prove them wrong..!!!

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