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Zambrano

 

James2017
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Hi,

Apologies if this has been answered somewhere else, this is my first post so I’m just getting the hang of it.

My client is Nigerian by birth, she has derivative residence card valid until 01.10.19 with employment and business activities allowed. Cl states derivative residence is from British daughter aged 3 - born to British Father. Cl advised she also has 5 week old child of Nigerian nationality.

My client has tried to claim CTC, however, she has been advised she is not eligible as her only right is derivative. From CPAG, it appears the legality of this decision is being challenged:-

“CPAG pg 1585: Sanneh and Others v SSWP [2015] EWCA Civ 49. The appeal to the Supreme Court in the joined case of HC is due to be hear on 21 and 22 July 2017: R (on the application of HC) v SSWP UKSC 2015/0215

I have checked decided cases from the Supreme Court, however, there doesn’t appear to be any mention to this case. We have an appeal with FTT which is stayed, pending decision.

Does anyone know where I would find a judgment or have any guidance?

Any help appreciated.

Thanks,

James - Citizens Advice Manchester

     
Elliot Kent
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The case was heard on 21/22 June but a decision hasn’t yet been made
https://www.supremecourt.uk/cases/uksc-2015-0215.html

     
James2017
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Thanks Elliot - do you know how long it normally takes for the judgment to be posted?

     
Elliot Kent
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Varies wildly. Rutherford / Carmichael took 7 months (https://www.supremecourt.uk/cases/uksc-2016-0029.html). Miller took 6 weeks (https://www.supremecourt.uk/cases/uksc-2016-0196.html).

You can follow the court on twitter and they will probably tell you when a date is set for handing the decision down.

     
Daphne
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TJi
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I too have had a case stayed . It is bad news -  supreme court dismisses appeal.

https://www.supremecourt.uk/cases/docs/uksc-2015-0215-press-summary.pdf

     
Sally63
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A further point to appreciate is that a Zambrano right lasts as long as the children are children ie until the youngest is 18. Then it stops and the parent has no further right to remain.

The way out is to make a human rights claim on grounds of family life while the children are still children. This is expensive but leads to a 10 yr stay and then ILR and then citizenship.

Zambrano effectively goes nowhere