Zambrano rulling in UK

[daddy]

Has there been any development regarding implementation of Zambrano rulling in uk, any ideas, pls share.
Daddy

[leonex4t5]

Yes there have been... the uk tribunal has refered to zambrano in recent cases...

see:
http://www.bailii.org/uk/cases/UKUT/IAC ... geria.html

http://www.bailii.org/uk/cases/UKUT/IAC ... maica.html

[daddy]

Thanks for your reply. Has any one recieved decision based on Zambrano rulling in uk?
Thanks.

[leonex4t5]

Yes. Application can be made at the moment with FLR(o) form for a discretionary leave based on the ECJ Zambrano and Article 8, and also mention ZH Tanzania as they are all compliment to each other.

This is the only way at the moment, until ukba make provisions.

[Rolfus]

There are two problems with FLR(o):
First you have to be in the UK, second there is a substantial fee to pay.
My partner applied for an EEA Family Permit on the basis of Zambrano (see http://www.immigrationboards.com/viewto ... c&start=20 ).
She was rejected, and has appealed.

[leonex4t5]

exactly UKBA are rejecting application under zambrano made to the EEA department, claiming there is no documentation to issue under the regulation 2006, though your appeal is a positive thing, as i think ukba are acting unlawfully.

FLR(o) is a paid application and there is documentation to issue from that department, which is discretionary leave. other than what i have said, you will have to wait until ukba make provisions.

I applied for a resident card based on zambrano, it was rejected, i didnt bother going to court as it will take longer, so i just made the FLR(o) on the basis of zambrano and it was issued in 5weeks.

right now it is difficult for applicant outside the uk to make an application based on zambrano, as there are no guidance yet.

I have been following your post, i even seen your representative have used my FOI response in your appeal, in terms of zambrano,For now most favorable decisions will come from the court not UKBA.

[daddy]

exactly UKBA are rejecting application under zambrano made to the EEA department, claiming there is no documentation to issue under the regulation 2006, though your appeal is a positive thing, as i think ukba are acting unlawfully.

FLR(o) is a paid application and there is documentation to issue from that department, which is discretionary leave. other than what i have said, you will have to wait until ukba make provisions.

I applied for a resident card based on zambrano, it was rejected, i didnt bother going to court as it will take longer, so i just made the FLR(o) on the basis of zambrano and it was issued in 5weeks.

right now it is difficult for applicant outside the uk to make an application based on zambrano, as there are no guidance yet.

I have been following your post, i even seen your representative have used my FOI response in your appeal, in terms of zambrano,For now most favorable decisions will come from the court not UKBA.

Great news, a, happy for you.
Please could you tell us how much you paid for the application and what documents you submited.
Thanks,
Daddy.

[leonex4t5]

FLR(O) on the basis of my family. Sent 02/06/2011
Married to a British national.
Father to a British national.

Used case laws Zh Tanzania, Zambrano, Article8, Article 24 of Charter.

i argued about the rights of my daughter (Article 24 of the charter) that it won't be in the best interest of my daughter to move with me or stay in the uk without me(ZH tanzania), and that both my DAUGHTER and wife will be deprived the substance attached with being an EU citizen if i was not permitted to stay and work (Zambrano).
Document sent:

Drivers Licence(as i didn't have my passport)
Details of entry to the uk.
Birth certificate for both my wife and daughter.
Bills in me and wife's name.(didnt send no proof of income as its irrelevant)
Family Bond Certicate(savings i set up for my daughter)
Medical records.
Photographs of me and family.
Lastly Letter from the gp confirming my wife's health situation(depression from the uncertainty of my immigration issue)

DLR issued 07/07/2011
Recieved 11/07/2011 with a letter saying i did not qualify under the immigration rule 1971... and awarded me with DLR.
(5weeks total wait)

[daddy]

FLR(O) on the basis of my family. Sent 02/06/2011
Married to a British national.
Father to a British national.

Used case laws Zh Tanzania, Zambrano, Article8, Article 24 of Charter.

i argued about the rights of my daughter (Article 24 of the charter) that it won't be in the best interest of my daughter to move with me or stay in the uk without me(ZH tanzania), and that both my DAUGHTER and wife will be deprived the substance attached with being an EU citizen if i was not permitted to stay and work (Zambrano).
Document sent:

Drivers Licence(as i didn't have my passport)
Details of entry to the uk.
Birth certificate for both my wife and daughter.
Bills in me and wife's name.(didnt send no proof of income as its irrelevant)
Family Bond Certicate(savings i set up for my daughter)
Medical records.
Photographs of me and family.
Lastly Letter from the gp confirming my wife's health situation(depression from the uncertainty of my immigration issue)

DLR issued 07/07/2011
Recieved 11/07/2011 with a letter saying i did not qualify under the immigration rule 1971... and awarded me with DLR.
(5weeks total wait)

Thanks for the quick reply. May I ask how much is the application fee and how long is the DLR valid for, ie how many years of DLR
God bless.

[leonex4t5]

Application fee 550£.
DLR 3years.
http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf