Help please

[melliek11]

Hi All

I was hoping someone could help me out, basically we were refused a settlement visa on 320 11 and since been refused by upper tribunal. I am British and my husband is Turkish, we have been together for nearly 4 years but lived apart for over 2 years. we were preparing to apply again but my solicitor has now told us that there is another option for us.

I have written exactly what she has in her letter, sorry for the headache in advance. I just can't understand it all seems to good to be true.

Here goes

* there has been an even more recent development in the Law which may affect how you wish to proceed. following a recent decision in the European Courts of Justice in the case of Zambrano, it has been established that a child with EU nationality has a right to live in her country of birth with a right of residence for her third country parent with her as this is necessary for the child to enjoy her rights as a Citizen of the European Union. This therefore means that your husband is now also able to apply for an EEA Family Permit to join his EU National daughter in the United Kindom. *

She also continued with all the pro's and con's. this i understand. What i dont understand is

1) Why can he apply for this EEA Family permit to be with our daughter and not myself. I understand that if i had an irish etc passport NOT BRITISH then I could apply for him to be with me.

2) How come we can apply as she is a EU National but she has a British passport like myself

3) Isn't this making it easier for lots of people wtih bad immigration histories to come to the UK this way?

4) If after the six months is over they refuse him to stay longer then what.

5) sorry finally, is it a definite way for him to join us or is it likely to be refused on his immigration history.

We have all the money ready for the new application and solicitor just waiting to see what way we want to apply.

Please help, my head is in bits, I have a daughter and another child on the way and despertate for my husband to be here with us, i just don't want to get my hopes up on this for nothing.

any help would be much appriciated.

melanie

[mcovet]

It seems ur solicitor may be up to date, have a read through and u may be pleasantly surprised.
The reason y ur hild can benefit from brit passport and u not is described in the link, good luck. Whether he is refused or not, would be decided on personal merit and previous immigration history shouldnt affect the app unless he poses a threat to uk public. Either way, this is an easy route to get into uk through the child and Zambrano ruling.
As regards ur comment on ppl with bad immigartion history l, there are many issues which u cannot affect and the purpose of the community law is more important than the minority who abuse it, een though where someone simply relies on his substantive right he cannot be said to abuse the system. This argument is circular.


http://www.immigrationboards.com/viewto ... 761#466761

[Greenie]

Not sure why you are concerned that people with bad immigration histories will benefit from this ruling when presumably your husband has a poor immigration history hence why he was refused under 320(11)?

In any case I hate to put a dampner on things but I think it is unlikely that your case would succeed under Zambrano particularly at present when the case has not yet been litigated in the UK courts and when it is still unclear how exactly it should or will be interpreted.

In the case of Zambrano the parents of the children concerned were unlawfully in the EU member state. THe children were nationals of that member state by virtute of the national laws in that country as they were born there and the parents failed to register them with their own embassy.

Both parents were at risk of removal from the EU state, meaning that the children would be removed with them and would not be able to enjoy the benefits of their citizenship.

In your case you and your child are living in the UK and you are not at risk of removal as you are yourself British. Therefore your child is able to enjoy the rights of her citizenship of the EU.

Rightly or wrongly I think this is how the government will interpret the Zambrano case and the UK courts will probably do the same until a case is referred to the ECJ for an opinion.

There is no harm in your trying however.

Why was your husband refused under 320(11) and did he appeal this?

[melliek11]

Thanks for your replies,

mcovet, it all does seem to good to be true, thanks for the link I will have a good look in a min. Will find out exactly the right way to go ahead with this tomorrow hopefully. We have the documents and dosh etc ready for a new settlement visa so either way we will re apply in next few days.

Greenie, firstly my husband has an awful immigration history and yes its a disgrace but he/we have paid for this over and over again by this decision. Like i said to mcovet it does all seem to good to be true and a very easy way of him coming back. I actaully spoke with another immigration solicitor on the phone after posting the original post and he said that its possible but unlikely as its so new he would be reluctant to use this and would rather do a straight forward spouse application, its just the time that im worried about. We know it will be refused under 320 11 again but we will probably be sucessfull in court. but this is at least 6 months wait.

We did appeal the first decision, it was originally refused on everything going, they didnt belive the relationship, maintenance and his immigration history, in the first appeal it was refused on just his immigration history as there is no reason we cant move there and the same in the upper tribunal. We didn't appeal this as we have so much more evidance this time around, our daughter has allergies and such bad eczema that we couuldnt possibly more to Turkey in the hot weather.

anyway sorry for rambling on but I will let you guys know how i get on tomorrow

melanie

[Tate4567]

melliek11, what happened with your case, did you submit a new application using the zambrano ruling?

[leonex4t5]

if this helps.. Zambrano application.

my application: 12/04/2011
EEA 2 Form.(because there is no form provided yet)
My ID (uk drivers licence)
Daughters Birth Certificate(to show i'm the father)
Cover letter (stating my claim on zambrano ruling, and also i went far as explaining why my removal from the uk will effectly make my daughter move with me from the uk). and also not in my child's best interest(ZH Tanzania).

12/05/2011
Reporting centre told me not to sign on nomore and that all retrictions are removed as i have made an application under EU Ruling, and application has been accepted by Home Office Liverpool.

12/05/2011
rang Home Office to confirm my application has been accpeted and to know what my current status is, they said its been accepted, they gave me my case id number, but thet said they cant tell me anymore. that Home office will contact me.

so its good news Home Office are Considering Zambrano.

To comment on Greenie, i agree with most things you said, but i disagree with (In your case you and your child are living in the UK and you are not at risk of removal as you are yourself British. Therefore your child is able to enjoy the rights of her citizenship of the EU.)

both parently looking after a child=more enjoyble than sih=ngle parent. and also imagin if the british parent is a crackhead, or sieze to look after the child, or is disabled so many more reason, so definately you would need the other parent to work, how would a british parent work and at the same time look after a minor child, that is nothing enjoyable. the most important thing about zambrano i think, is to sure geniue relationship with the child.

and also any family application, Home Office, before making any decision most consider your article 8 of ECHR, now when there is a child its disproportionate to ask a child from the uk for effective immigration control,because clearly it wont be in the child's best interest so i am thinking at the time of melliek11 appeal, it was before the tanzania ruling.
and also if her husband was in the uk, he would have an outstanding chance of gaining a right of residence.

All i have written is to my understanding, a qualified person should still be needed.

[melliek11]

Hi Tate4567

We applied on 3rd May using the Zambrano ruling. Still to hear keep checking the worldbridge site every 5 mins lol.

Hi Leonex4t5

thanks for that, like is said we applied 2 weeks ago now. Are you in UK or in different county as my husband is in Turkey still. Sounds very very promising. I really hope you hear soon, please let me know how you get on.

melanie

[melliek11]

Sorry I have just re read your post leonex4t5, I see that you are still in the UK. Sounds very very promising doesn't it. Good luck with it!!

[melliek11]

Was just wondering if the Zambrano rule has been used in the same way as we have applied yet to any of the members on this site. I am at my wits end. we applied 3 weeks ago and still havent heard a thing.

any help would be great

melanie

[melliek11]

Hi all just an update, our status has changed and our decision has been made.. we now have to wait until Tuesday for our decision.

Its our daughters birthday on 4th June so hopefully he will be here by then, fingers crossed but will let you kow the outcome!!

melanie

[daddy]

Hi all just an update, our status has changed and our decision has been made.. we now have to wait until Tuesday for our decision.

Its our daughters birthday on 4th June so hopefully he will be here by then, fingers crossed but will let you kow the outcome!!

melanie

may I ask how do you know that your status have changed and decision made, where you in contact with UKBA? did you phone them or they wrote you?

Daddy.

[melliek11]

Hi

My husband applied for eea famiiy permit using the Zambrano ruling from Turkey. Visa application centre in Gaziantep.

He was given a tracking number and we used this on the worldbridge website. Every day we checked it and on Thursday it changed and it said that it was with courier attempting delivery.

My husband then got a text messge from the courier company and it said that his decison would be posted to him on Tuesday.

It was 3 weeks and 3 days after application date!!

melanie

[melliek11]

Hi just an update, our eea family permit got refused today. they didn't mention the zambrano ruling we had used in our coverling letter they just took it as a straightforward family permit application. they said we didn't fit the criteria.

Our solicitor said that they probably overlooked the covering letter or that they havent yet been instructed how to deal with this type off application.

Now we have appealed against the decision and we are waiting to see what they say.

Just thought i would update you.

melanie