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I do not understand how this case would help, you have to get a COA to even get married now from Home Office ...I think even the Anglican church want to see your immigration status before you can get married there...4444 wrote:if you marry your boyfriend in the UK you can benefit from Chikwamba caselaw. you will not have to return to zimbabwe to get an entry clearance.
Lazarus wrote:Is that reality though about you can get a COA even if you overstay.
regarding the Chikwamba case.
Or is this another idle tale?
4444 wrote:Lazarus wrote:Is that reality though about you can get a COA even if you overstay.
regarding the Chikwamba case.
Or is this another idle tale?
yes it is reality. the HO have ammended its information about COA applicants since the High Court ruling. the only thing is if you are an overstayer the HO may try to remove before the COA is issued but since the OP is from Zimbabwe she wont have nothing to worry because they are not sending zimbabweans back to zimbabwe at the moment so her COA is likely to be approved. Chikwamba case and other linked cases is now reality. the HO have also ammended the way they deal with article 8 cases.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
ammendment of COA
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
new guidance for caseworkers after Chikwamba and other linked cases
hope this helps
have you got a family life in UK lazarusLazarus wrote:That is good news then, can I ask?
I have an outstanding claim on article 3, 8, and 14.
Do u think with the new developments on article 8, i might benefit.
Also in the case of EB Kosovo v The Secretary of State for the Home Department, do you think I might also benefit seeing I've been living here almost 12 yrs with application outstanding over 5 years.
Thanks for ur reply
according to the way i understand the HO operations manual document ,Chikwamba is not just for Zimbabweans. its is about the right to respect family life. the HO have conceded that it is only in a small number of cases that it will be proportinate to require an applicant to go to their country for entry clearance if they have a family life. the small number of cases that were mention ,were for example if someone has an appalling immigration history or an abusive asylum claim. so in other words if you have a good immigration history ,the HO can no longer say go an entry clearance in your country they have to deal with your article 8 claim in country. the peace deal in zimbabwe has got nothing to do with rights to respect family life. it can only affect zimbabweans who are now claiming asylum in my opinion.Wanderer wrote:I don't think the seemingly impending peace deal in ZIM is gonna help the OP or anyone relying on Chikwamba, what do others think?
a friend of mine got a COA recently. it took 4weeks. she was a failed asylum seeker from zimbabwe. also if the HO try to delay with your COA you can involve your MP and that will speeden up your casetwostars wrote:4444 wrote:Lazarus wrote:Is that reality though about you can get a COA even if you overstay.
regarding the Chikwamba case.
Or is this another idle tale?
yes it is reality. the HO have ammended its information about COA applicants since the High Court ruling. the only thing is if you are an overstayer the HO may try to remove before the COA is issued but since the OP is from Zimbabwe she wont have nothing to worry because they are not sending zimbabweans back to zimbabwe at the moment so her COA is likely to be approved. Chikwamba case and other linked cases is now reality. the HO have also ammended the way they deal with article 8 cases.
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf
ammendment of COA
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
new guidance for caseworkers after Chikwamba and other linked cases
hope this helps
4444
you are a star.... you have made my day. I wil definitely look into it.
THANKS A LOT.
ps
Also if there is any Zimbabwean reading this in a similar situation to me and has applied for a COA please let me know how it went on..
Thanks
Doesn't the Chikwamba case only grant discretionary leave? The claimant (Chikwamba) was not granted a spouse visa, right, meaning she has to wait five or so years for ILR (unless she ca switch from DL)?4444 wrote: after all Chikwamba is an article 8 case and you can only get indefinate leave to remain after 6years. some people wud not like to wait that long for ILR so they wud rather return home and get their 2year spouse visa quick and return to Britain so they can get their ILR in 3years . i cant see longer queues of incounty application coz HO is taking years to deal with article 8 cases in country anyway. probably they will now change their artitude of delaying cases because EB(Kosovo ) will work in applicant's favour. either way Chikwamba and EB (Kosovo) are a releif to immigrants hurray.........
yes she was granted discreationary leave to remain based on article 8. i dont know why frontier mole thinks zimbabweans can use Chikwamba for in country spouse visa pplication. Chikwamba was an article 8 case and thats it.sakura wrote:Doesn't the Chikwamba case only grant discretionary leave? The claimant (Chikwamba) was not granted a spouse visa, right, meaning she has to wait five or so years for ILR (unless she ca switch from DL)?4444 wrote: after all Chikwamba is an article 8 case and you can only get indefinate leave to remain after 6years. some people wud not like to wait that long for ILR so they wud rather return home and get their 2year spouse visa quick and return to Britain so they can get their ILR in 3years . i cant see longer queues of incounty application coz HO is taking years to deal with article 8 cases in country anyway. probably they will now change their artitude of delaying cases because EB(Kosovo ) will work in applicant's favour. either way Chikwamba and EB (Kosovo) are a releif to immigrants hurray.........
I thought it was mainly cos the appellant was from ZIM, a country on the HO 'no go' list and unable to return, hence allowed to stay. kind of Art 8 based on that fact - if the appellant was from say, Swaziland and all other circs being the same I've venture the appellant would have been returned, art 8 or not.4444 wrote:yes she was granted discreationary leave to remain based on article 8. i dont know why frontier mole thinks zimbabweans can use Chikwamba for in country spouse visa pplication. Chikwamba was an article 8 case and thats it.sakura wrote:Doesn't the Chikwamba case only grant discretionary leave? The claimant (Chikwamba) was not granted a spouse visa, right, meaning she has to wait five or so years for ILR (unless she ca switch from DL)?4444 wrote: after all Chikwamba is an article 8 case and you can only get indefinate leave to remain after 6years. some people wud not like to wait that long for ILR so they wud rather return home and get their 2year spouse visa quick and return to Britain so they can get their ILR in 3years . i cant see longer queues of incounty application coz HO is taking years to deal with article 8 cases in country anyway. probably they will now change their artitude of delaying cases because EB(Kosovo ) will work in applicant's favour. either way Chikwamba and EB (Kosovo) are a releif to immigrants hurray.........
sorry wanderer i will have to to prove you wrong on this one. here is a successful appeal based on Chikwamba . the appelant was not ZimbabweanWanderer wrote:I thought it was mainly cos the appellant was from ZIM, a country on the HO 'no go' list and unable to return, hence allowed to stay. kind of Art 8 based on that fact - if the appellant was from say, Swaziland and all other circs being the same I've venture the appellant would have been returned, art 8 or not.4444 wrote:yes she was granted discreationary leave to remain based on article 8. i dont know why frontier mole thinks zimbabweans can use Chikwamba for in country spouse visa pplication. Chikwamba was an article 8 case and thats it.sakura wrote:Doesn't the Chikwamba case only grant discretionary leave? The claimant (Chikwamba) was not granted a spouse visa, right, meaning she has to wait five or so years for ILR (unless she ca switch from DL)?4444 wrote: after all Chikwamba is an article 8 case and you can only get indefinate leave to remain after 6years. some people wud not like to wait that long for ILR so they wud rather return home and get their 2year spouse visa quick and return to Britain so they can get their ILR in 3years . i cant see longer queues of incounty application coz HO is taking years to deal with article 8 cases in country anyway. probably they will now change their artitude of delaying cases because EB(Kosovo ) will work in applicant's favour. either way Chikwamba and EB (Kosovo) are a releif to immigrants hurray.........
I'm will to be proved wrong on this tho.