How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Law Question Here...
UK_Lawyer is online now

Dear Sir/madam, I overstayed my visitor visa in 2005 when

Customer Question

Dear Sir/madam,

I overstayed my visitor visa in 2005 when my explication was still within the home office. The reason I applied for extension was because I got pregnant and had miscarriage. I had a refusal. Because my husband and children are British, and today I am living alone with my 3 british children, I applied under the EEA law for the Zambrano case and I have been granted permission to work. But my situation is not solved because my 2 years old son does not have where to stay if I start working and I don't have right to benefits.

Can you please help me to prove to the ukba that I am destitute and they may allow me have access to public funds?
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to confirm you have been given discretionary leave to remain in the UK under Zambrano?

Kind regards
Customer: replied 3 years ago.

I have not been given dicretionary leave to remain yet. The only thing I have been given is the certificate of application under the derivative right of residence. I'm waiting for residence card but i have no right to the public funds. What can I do to be eligible to public funds? and How to apply for indefinite leave to remain as a mother of 3 british citizen?


 


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In respect of obtain public funds, the home office have made it clear that anyone awaiting application. The Court of Justice of the European Union (CJEU) ruling on the case of Zambrano (C-34/09) provided that a non-European Economic Area (EEA) national who had been living and working in Belgium without a work permit, had a right to reside and to work so that his Belgian national children were not forced to leave the European Union (EU) and prevented from exercising their rights as EU citizens.

The Home Office are amending their regulations as a result. The Home Office regulations will provide a right to reside and a right to work to a non-EEA national who is a primary carer of a dependent British citizen only if the British citizen would otherwise be forced to leave the EEA and be deprived of exercising their rights as an EU citizen.

People who will have a Zambrano right will be entitled to claim contributory benefits such as contribution-based Jobseeker’s Allowance, provided they meet the entitlement conditions for the benefit.

Under current legislation, most non-EEA nationals who have a right to reside and to work in the UK do not have an entitlement to claim income related benefits because their immigration status states that they have no recourse to public funds. To maintain this position, DWP will amend regulations so that an individual with a Zambrano right to reside will not have a right to claim income-related benefits.

The regulations for the following benefits will be amended: Income Support, income based Jobseeker’s Allowance, income related Employment and Support Allowance, State Pension Credit, Housing Benefit and Council Tax Benefit.

Therefore in your case it would be very difficult to obtain permission to have access to public funds. You would be given permission to work and the home office feels that because you have been given permission to work you should not be claiming benefits. In addition if you wish to apply for indefinite leave to remain you may do so once you have been in the UK for 10 years under zambrano.

please see following link in particular page 37 in respect of zambrano:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/partners.pdf?view=Binary

I am sorry of the advice given is not what you wanted but the fact is that the home office will not allow you to have access to public funds. The council can give these to you if they wish but it does seem like they are being very strict in allowing people benefits and in your case you are not eligible to claim benefits.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

 

Kind regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice