We had spoken to an immigration lawyer, and he had confirmed our three possible options:
1) Zambrano, which considering UKBA’s interpretation of the law was “Borderline” as I was a British Citizen.
2) Submit a further FLR(M) application and hope for the best – I NOTE: After reading, the application we need to use is FLR(O) < based on our children and the application being “OUTSIDE OF THE RULES!”
3) To use the Surinder Singh route of the EEA Free Movement Directive 2004/38/EC. This route basically means: If a British Citizen is living in his home country he cannot rely on the terms of Directive 2004/38/EC as he has not invoked his right to free movement. However, the case of Surinder Singh ruled that if a person was to work in another EEA Member State then he would be afforded all rights from the Directive upon his return to the country. And therefore his spouse would be able to return to the country along with him.
As the EEA application was non chargeable we completed the TWO FORMS.
We completed form EEA2, and form DRF1. In addition to this, my wife attached a letter outlining the needs of our youngest child being a baby etc.
We posted the Zambrano application off, using Special Next Day recorded delivery.
PLEASE UNDERSTAND THE FOLLOWING:
The ruling of Zambrano was that the primary carer of an EU citizen cannot be removed from the member state. UKBA’s interpretation of this is that if there is another carer in the UK with an equal caring role, then the removal of the third country national would not force the EU citizen (British Citizen) to be removed from the EEA.
When submitting your application ensure to include all of the following:
Proof that the child is indeed British.
Proof of your relationship with the child.
Proof that you are the primary carer for the child.
= See above. This can include:
== Letters from the child’s school.
== Letters from the your doctor.
== Letters from the local SureStart centre.
== Letters from the priest at your local church that you attend on a regular basis.
== Ensure you establish why your removal will also remove the EU citizen from the UK.
= Include all of the possible evidence to show dependency upon yourself. This includes:
== Emotional Dependency
== Financial Dependency
== Physical Dependency
Things to submit are Photographs of the children and parent together, a detailed letter from any local help services, gp’s etc which know you, or if you are (unlucky/lucky? enough) to have required a local authority to be involved with your case – their input also.
I once again refer you to this FOI response of 9th April 2013 (although further information is awaited):
Particularly Annex A and Annex F