22 replies to this topic

[amanda273]

We have a 2 1/2 yr old daughter and I've applied for eea2 as her sole carer as she's still dependant on me, I've always lived in the US up until move to UK.

[Victoria]

Is your husband involved in her upbringing?

[Mutly]

amanda273, on 21 July 2012 - 10:23 PM, said:

We have a 2 1/2 yr old daughter and I've applied for eea2 as her sole carer as she's still dependant on me, I've always lived in the US up until move to UK.

This will almost certainly fail whilst your husband lives in the UK and has some sort of contact with the child.

Is it correct that you entered the UK as a visitor, ie. without a visa? In that case you can't stay longer than six months and can't switch to a spouse visa inside the country. It would be best to seek specific advice quickly as to whether to return to the US to apply for a spouse visa or whether to apply based on your family for the new ten year route to settlement.

On student fees etc. see this thread.

[amanda273]

My husband has a documented health problem that renders him unable to care for a small child, if I leave she has to which forces her to give up UK/ EEA rights, then there's the human rights aspect of seperating a child from there parent. My attorney feels our case is strong, but unsure of university funding. I was looking for someone who has been through it as eea non national as I'd like to he started in classes. The home office just responded with request for additional evidence daughters dependant on me after 4 month from application, just sent them loads of doctors statements, should hear back I expect soon.

[amanda273]

My husband has a documented health problem that renders him unable to care for a small child, if I leave she has to which forces her to give up UK/ EEA rights, then there's the human rights aspect of seperating a child from there parent. My attorney feels our case is strong, but unsure of university funding. I was looking for someone who has been through it as eea non national as I'd like to he started in classes. The home office just responded with request for additional evidence daughters dependant on me after 4 month from application, just sent them loads of doctors statements, should hear back I expect soon.

[Victoria]

I suspect your attorney is wrong about the chances of success with this application.

[amanda273]

Well thanks for nothing there Victoria, and I'll keep you posted on my success!

[Victoria]

I hope I am wrong, but for reasons that Mutly has explained I suspect otherwise. I'd be interested to know the grounds on which your 'attorney' thinks you qualify.

You need to be prepared for a refusal. If there is one, then there are other options for you and there is no real chance of you having to leave the UK.

[Mutly]

Victoria, on 22 July 2012 - 03:42 PM, said:

I'd be interested to know the grounds on which your 'attorney' thinks you qualify.

So would I, in particular what the attorney says in regards to the question of the HO's policy on ECJ Zambrano being compatible with ECJ Derici.

If the application is approved that would be a good decision and it would be relevant to know the exact arguments used for others who could use it as an avenue to staying with their family members. However from what you've posted, refusal is likely but I also hope I'm wrong.

[Victoria]

Training I attended last week suggested that Zambrano would apply for single parents whereas when the other parent is around an application should be made under the new rules.