Do I need a lawyer?

[KatieOfirplease123]

I am a British citizen expecting a baby this month with my partner who is from outside of Europe, in order for him to be able to work and live in the UK with me and the baby we Were advised by a lawyer to make a Zambrano application. I have also read about a derivative residence card. Do we need a lawyer to make these applications for us or will it work just as well if we do it ourselves?

The lawyer charges a hefty £2500 and it has taken us every bit of scrimping and saving to get this together while paying our rent, bills, baby things etc which is very difficult as currently my partner is not aloud to work due to being on a tourist visa. I want to know if we make the application ourself are our chances of a yes just as high as if we made it through a lawyer or will a lawyer improve our chances?

Does anyone else have any experience?

Many thanks

[Casa]

I moved your post to the appropriate forum. You will need to give more information in order for anyone to advise you. A residence card (which I assume you're referring to) is for citizens of other EU states and their family.
How long have you been with your partner and do you live together? I can't see that Zambrano would be applicable as your child won't be primarily dependent on your partner in order for (the child) to live in the UK.

Zambrano. 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.

[KatieOfirplease123]

Hi, thank you.

We have been together 3 years. We are getting married on the 3erd of August 2015 our baby is due in 5 days could come anytime before or shortly after.

We live together but only my name are on the bills and contract of our rented property as my partner does not have a UK bank account or any income everything we have I have provided for us and he is living of his savings. So I am not sure what proof we have that we live together.

He came to the UK for two months in February 2015 and then went home in April 2015 for two weeks he then returned to the UK in the end of April 2015 and we have been living together ever since.

We are desperate for him to be able to live and work in the UK and feel like a human being with normal rights.

But we are unsure if the best route for this is to use a lawyer who will take every penny we have or to do it ourself. I am not against them taking my money if it will improve our chances. What do you think please help.

[Casa]

Assuming that as the sponsor you can show £18,600 annual earnings, the best option would be for him to return to his home country and apply for a spouse visa from there. The alternative is a very long and uncertain route to legalising his right to remain and work here.

[KatieOfirplease123]

This is not an option I am only 22 with very little savings left,and recently unemployed from a job that only earned me £8500 a year. That is why the lawyer advised us the Zambrano route. I was also confused as it states Primary carer but that is what he told us would be the best option.

[Wise]

Morning,

Just with my own personal experience using legal person is good provided the lawyer is a very good one who knows/understand how to present a such complex case like this to the home office and get what you wanted without going through appeal/judicial review stuff.

These is from my own personal close friend experience now.
A british get pregnant for him and have the baby and get passport for the baby,but both of them living separately and he make application through lawyer withing few weeks he was given leave to remain.

Documents submitted are as follows
1,Baby british passport,Mother's british passport with written letter that he's the father of the baby and he gives money towards the care of the baby.(very important).The mother is purely unemployed at the time


Any advice given by casa,obei,vinny,and some moderators will give you the insight of the correct route to follow as i can see that you have a genuine relationship.

Good luck with baby and father.

[KatieOfirplease123]

Thank you, my fingers are crossed tightly as I don't want to leave my family and life in the UK but if my partner is refused a right to work and live we will have to leave.

[Casa]

Morning,

Just with my own personal experience using legal person is good provided the lawyer is a very good one who knows/understand how to present a such complex case like this to the home office and get what you wanted without going through appeal/judicial review stuff.

These is from my own personal close friend experience now.
A british get pregnant for him and have the baby and get passport for the baby,but both of them living separately and he make application through lawyer withing few weeks he was given leave to remain.

Documents submitted are as follows
1,Baby british passport,Mother's british passport with written letter that he's the father of the baby and he gives money towards the care of the baby.(very important).The mother is purely unemployed at the time


Any advice given by casa,obei,vinny,and some moderators will give you the insight of the correct route to follow as i can see that you have a genuine relationship.

Good luck with baby and father.

How will the partner give money for the support of the child when he is legally unable to work?

[KatieOfirplease123]

Casa, you are right! I emailed the lawyer to tell him we are nearly ready to make the Zambrano application and he emailed back that we can not make a Zambrano application even though I have the original letter he sent us advising we make Zambrano and a receipt for the money we paid to get that advice. He is now telling me to come to his office to get new advice. I am hoping it's free as the original advice we paid for was irrelevant.

Does anybody have any advice what type of application we can make for my partner to live and work here?

Many thanks everybody!

[Wanderer]

Casa, you are right! I emailed the lawyer to tell him we are nearly ready to make the Zambrano application and he emailed back that we can not make a Zambrano application even though I have the original letter he sent us advising we make Zambrano and a receipt for the money we paid to get that advice. He is now telling me to come to his office to get new advice. I am hoping it's free as the original advice we paid for was irrelevant.

Does anybody have any advice what type of application we can make for my partner to live and work here?

Many thanks everybody!

Surinder Singh?

For this to work you'd need to marry, move to another EU state for an extended period (i.e. move your 'centre of life') and after said period move back to UK.

[adeolual]

Hi,
you don't have to stress yourself about the issue, it is quite simple and easy case as long as you are in a genuine relationship and you were expecting your body to be born in 5 days from now. my advise to you is to make application base on Family Life as a Parent of a British child. And you will need to get a custody or a letter from your partner to ascertain that you are supporting the child. As long as your child is British citizen your application is highly to be successful.

[Wanderer]

Hi,
you don't have to stress yourself about the issue, it is quite simple and easy case as long as you are in a genuine relationship and you were expecting your body to be born in 5 days from now. my advise to you is to make application base on Family Life as a Parent of a British child. And you will need to get a custody or a letter from your partner to ascertain that you are supporting the child. As long as your child is British citizen your application is highly to be successful.

None of this makes any sense.

The OP is British and the expectant Mother and the post relates to her future husband who is an overstayer.

[Obie]

This is not an option I am only 22 with very little savings left,and recently unemployed from a job that only earned me £8500 a year. That is why the lawyer advised us the Zambrano route. I was also confused as it states Primary carer but that is what he told us would be the best option.

I am 100% confident that the lawyer is 100% wrong. I believe a Zambrano application is bound to fail.

I think it is best to hold on until the baby is born and provided his visitors visa has expired.

Provided he has no criminal history, and not history of using deception, I believe the chances of succeeding under the Family life 10 years route seems reasonably strong.

Zambrano application is confined to a very narrow group of beneficiary, and I don't believe your would be baby father will fall into that category.

[Wise]

Katie,
Please listen to Obei because you don't have money to throw around.
My friend experience is almost like your.At that time he was an overstayer and the residency was issued,think of how you can make your new baby,new family and partner important to anyone who will deal with your case and it will succeed

Give birth,get the baby passport and start your application.
You may even instruct Obei to assist you.Also you yourself should keep checking this forum for an update.

Many things are possible it depends how you present your case to the home office. I joined this forum when there was a mistake/error with the case I presented myself,but when read people's comment I realised that I was lucky to get my residency just by getting advice from this forum.

Goodluck

[KatieOfirplease123]

I am a british citizen age 22 my husband is Israeli age 23 and we have a daughter age 6 weeks who is also a british citizen. On the 27th of august 2015 we applied in the premium service center for leave to remain using the form FLR FP. We applied using form FLR FP on the basis of human rights because we do not meet the financial requirements. All though I am waiting to hear back from a claim for carers allowance but did not receive a reply in time for our appointment at the Premium Service centre.

We got refused for the following reasons;

1. my husband applied from inside the UK and they said they will not switch a visitor visa to leave to remain.
the reason we applied from inside the UK is because we have a newly born daughter and we do not feel it is right for my husband to have to be away from her for a lengthy period of time, it can take up to 6 months or more to process an application and then they might have said no and he would not be allowed in even to visit he would possibly miss the first year of her life.

2. They also wrote in our refusal letter that as my daughter was so young she would be fine to adapt to life in Israel and as I have dual nationality (I also hold an Israeli passport) it would be no problem for me. I only received this passport 2 years ago and I have no interest what so ever in going to live in Israel. I have no family or friends their, I do not speak the language well, I hate the politics and the economic situation is not great for me.

3. In our application we also noted that my mother suffers with severe anxiety and manic depression and strong OCD and that I look after her. She does not leave the house without me or cook or clean for herself.
they said that they did not find these reasons compelling enough to keep me here and I guess they ignored the fact about carers allowance as I still have not received my first payment.

We have now been told we have 14 days to appeal but we need help!! Appeal is our only option its seems unless anyone has any other ideas? but we are scared about spending all that money and waiting all that time and then he might be refused again. what does anybody think about our chances? can anyone recommend an extremely good lawyer in the sussex or london area. We live in Brighton but are willing to travel for someone who is worth it.

Please help us we do not know what to do or who to go to.

3

[Obie]

I think he will succeed.


You should have applied with 28 days of the expiry of his visitors visa, and then he would have qualified.

Also you should not have used Premium services.

When does his visitors visa expires?

You have to file the appeal.

Seems like you did not pay much attention to my advise here.

http://www.immigrationboards.com/immigr ... 89620.html

[KatieOfirplease123]

His visitor visa expires on October 21st

Everybody has given us different advice it is hard to know who to listen to.

Should we appeal, is that the best option and what are our chances of succes upon appeal?

Can you recommend a good lawyer?

[Obie]

I cannot vouch or comment on other advice you have received. Suffice to say, no one has ever returned to the forum to report that an advise I gave them was inaccurate or caused them financial loss.

[KatieOfirplease123]

Hi can anybody recommend to me a very good lawyer for an appeal on the basis of human rights? In the London or Sussex area. I am from Brighton but willing to travel

[Obie]

Your husband will have 14 days to files in an appeal.

He has to do that within his appeal deadline.

Once you have posted 10 messages I will PM you information on assistance in your local area, or assist you if I have time .

[Wise]

Katie,

Congratulation to you and the father for your baby. Also so sorry to hear that you have been refused, but i do understand that your status is very straight forward as you have dual nationalities which is great and cant be compared with many people that has gone through many many stress on immigration issues and that might cause it so hard for you to know where to go and which advice to follow.

Premium service for me is for straight forward applications and yours is not but that does not mean you can't succeed if you followed the right route regarding your case.