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Derivative Residence Card


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#1 kimmyT

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Posted 06 December 2012 - 01:30 AM

hiya,

good day to you all. just wanted some clarity on an issue and was wondering if anyone had any answers to the following questions:

1. if you are granted a derivative residence card (from making an application based on zambrano), but still have a pending application for leave to remain(permanent residency based on long residency), what will happen?

2. after getting a derivative residence card, which doesn't entitle you to permanent residence even after 6 year, how would you go about applying for permanent residency?



#2 Victoria

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Posted 06 December 2012 - 07:32 AM

Have you now received a residence card?

#3 Prince74

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Posted 06 December 2012 - 07:54 AM

Derivative Residence Card does not lead to settlement, that's what the UKBA is saying. However, if the 10 year long residence route is not abolished one should be able to qualify on that basis for permanent residence after 10 years of residence on Zambrano.

#4 Victoria

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Posted 06 December 2012 - 08:05 AM

Not necessarily true. Leave under the EEA rules is not automatically accepted towards the 10 year route, it is discretionary.

#5 Prince74

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Posted 06 December 2012 - 10:58 AM

You are correct, it's discretionary

#6 Victoria

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Posted 06 December 2012 - 11:27 AM

I know!!!

#7 kimmyT

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Posted 06 December 2012 - 03:54 PM

thanks for your reply victoria and prince74

a derivative residence card has not been granted yet, the application is still pending, but a c.o.a was received with the right to work. while there is still a leave to remain application also, so its two applications pending.

if the derivative residence card was granted, what would happen with the other application?

#8 Prince74

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Posted 06 December 2012 - 08:15 PM

If leave is granted on Zambrano, I would think that they would ignore the other application. This is what I think, I may be wrong.

#9 Victoria

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Posted 06 December 2012 - 08:36 PM

No they won't.

#10 Prince74

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Posted 06 December 2012 - 09:05 PM

What would happen to the other application, Victoria?




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