successful zambrano appeals

[sarahassy]

Hello,
I just want to up date u about my appeal in Dec, it was accepted ,thanks to all the members and moderators who give me courage to make the zambrano application though the wait was to long but in the end I got the stay through the court.
To all members who won their appeals in Oct, Nov and Dec has any one received their resident card and how long did it take plse share.

[princessjobaby]

Congrats on your allowed appeal, when was it allowed and can you please help me with information I will need for my appeal as I was refused on my zambrano application too and want to appeal it,

[sarahassy]

Congrats on your allowed appeal, when was it allowed and can you please help me with information I will need for my appeal as I was refused on my zambrano application too and want to appeal it,

The only thing u have to prove to the judge is the other parent can look after the child, but I think its easy to prove when he /she does not live in uk. so u have to get evidence of where he/she lives copy of passport with stamps as well .

[wiggsy]

my wifes appeal was successful on Human Rights issues... But failed under both Zambrano and Singh (Ironic really, considering the Home Office issued an EEA Family Permit to my wife on 23rd with evidence obtained prior to the hearing).

To quote the judge (maybe not exact quote): "It is in the best interests of the child to live in a single family unit that they have known..." ( Maybe this is useful for people: https://db.tt/P1yTSd2b ).

Note: The Home Office will do EVERYTHING within their power to prevent Human Rights being considered. You have to ensure that human rights ARE considered.

Whilst the Home Office's response here to my request RE Carpenter didn't provide any information... Their wording of:

The Carpenter case simply highlights the fact that Member States cannot take action against the family members of EU nationals which would breach their rights under Article 8 of the ECHR. While the context of the case related to the exercise of the freedom to provide services, the determining factor in the case was the disproportionate effect of the proposed deportation of Mr Carpenter‟s wife.

(NOTE: It states EU Nationals, not EEA Nationals - which the EEA Regulations 2006 exclude UK Citizens from).

There are also a few other FOI requests that outline this same fact (actually outlining that the courts must consider Article 8 ETC too. I remember specifically quoting one, but cant put my hands on the exact request ATM (I just remember reading out ".... and courts (That would be yourself)..." in the final submissions)...

[appealalready]

@ Wiggsy,

What will you do if the UK decides to withdraw from the European Convention on Human Rights, as Theresa May and other conservatives have stated?

[wiggsy]

I don't need to do anything. .. My wife is the spouse of an eea national Thanks to mr Singh.

[netqueen]

Hello,
I just want to up date u about my appeal in Dec, it was accepted ,thanks to all the members and moderators who give me courage to make the zambrano application though the wait was to long but in the end I got the stay through the court.
To all members who won their appeals in Oct, Nov and Dec has any one received their resident card and how long did it take plse share.

congratulations Sarahassy, that is a well deserved victory. I am sure the resident card will come very soon. Did you use a solicitor for the appeal ? Enjoy

[appealalready]

I don't need to do anything. .. My wife is the spouse of an eea national Thanks to mr Singh.

@wiggsy,

You said the court did not grant you permission based on Singh or Zambrano. You can't rely on Singh should the UK withdraw from the ECHR. If the court rules you do not qualify for a derivative residence card on Singh or Zambrano grounds then it seems you will not have a valid derivative residence card, should the UK withdraw from the ECHR, because your derivative residence card is based on Human Rights only.

Moreover, if you had a family permit, you had an opportunity to apply for a residence card instead of a derivative residence card. A residence card entitles the holder to permanent residence after 5 years of continuous residence.

David Cameron: Britain may have to leave ECHR
http://www.telegraph.co.uk/news/politic ... -ECHR.html

Spielmann: UK leaving ECHR would be a 'political disaster'
http://www.bbc.co.uk/news/uk-politics-25729321

[appealalready]

Hello,
I just want to up date u about my appeal in Dec, it was accepted ,thanks to all the members and moderators who give me courage to make the zambrano application though the wait was to long but in the end I got the stay through the court.
To all members who won their appeals in Oct, Nov and Dec has any one received their resident card and how long did it take plse share.

Congrats sarahassy,

Did you win on Zambrano grounds? Or, did you win on Human Rights? Is the Home Office allowing your win, or are they appealing it?

[ruona]

Won appeal on zambrano 2 weeks later I got a letter from the court that home office is appealing to high court against my win,they said I will hear from them in writing .i haven't heard anything yet .God help us.

[appealalready]

Hi Ruona,

I wouldn't worry about it. I think the Home Office don't like it when people win on Human Rights grounds, so they appeal the loss.

The Upper Tribunal judge will probably set aside any human rights win and award you residence based on the regulations. It is better for you to win on a point of law than on human rights grounds, anyway.

If the UK pulls out of the ECHR, your win may be challenged.

Bad news:
"Merkel is also prepared to grant "limited opt-outs" to Britain and to ensure that EU regulations are enforced in a more flexible way."
http://www.theguardian.com/politics/201 ... ain-eu-nhs

The opt outs may prevent derivative card holders from exercising their free movement rights.

[ruona]

Hi,thnks for sharing,my appeal was allowed based on eea regulation 2006 and no anonymity direction was made.i dnt know what to expect next.thnks for your concern.

[appealalready]

Hi Ruona,

I am sure you will be successful. You should get a copy of the letter from the Home Office stating why they are appealing. They may not be granted permission to appeal if their reasons are not strong. You should be prepared to challenge them on their reasons. You can also submit a written response to the Court.

You can also look in to the Pro Bono Unit for a barrister. You have to be referred by your MP, though.

[ruona]

Hi ,thnks for the reply,I only got a notice of receipt which says.(this is an acknowledgement receipt on 9 jan of an application for permission to appeal to the upper tribunal .you will be inform in writing.i got this letter on 10 jan and up till now ,I have not heard anything from them.does it really take that long and will I get a letter if the ut permitt the appeal or not .confused though.thnks for your help.

[aodendal]

Hi ,thnks for the reply,I only got a notice of receipt which says.(this is an acknowledgement receipt on 9 jan of an application for permission to appeal to the upper tribunal .you will be inform in writing.i got this letter on 10 jan and up till now ,I have not heard anything from them.does it really take that long and will I get a letter if the ut permitt the appeal or not .confused though.thnks for your help.

Hi

I had the same - but they sent another letter about 10 days later saying they did not accept the HO's application to appeal to the upper tribunal - this was 11 December 2013 - I have not heard a word from the HO - now 12 weeks later

Good luck

[ruona]

Hi,congrat on ur win ,I think you should contact your mp.they should be able to help.

[ruona]

Hi just want to give you update on my appeal,I got a letter from the ftt saying that they do not grant the homeoffice permission to appeal.their reason for appealing was that I did not give any proof of how I survive since I am not working and I said I live on charity.they will keep on lossing.thnks

[sarahassy]

Hello all
I need some help please, I got my derivative resident card on A4 because my passport was expired. I have got a new passport but I don't know which form to use to transfer my permit into the new passport. Anyone who has an idea please help.

[Momohmartins25]

Hello con you pls explain on what ground yu got your derivative residence card and what process or documents did you submit thanks

[CR001]

Hello con you pls explain on what ground yu got your derivative residence card and what process or documents did you submit thanks

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