New Zambrano Application HELP

[kimesssh]

I need some advise from anyone who can help. I am an overstayer from South Africa , have been in the UK for nearly 11yrs and I have 1yr old girl who is a British citizen through her father who was born here.

My relationship broke down with my ex-partner when my DD was 3 months old and there is no chance of getting bk together as there are domestic violence issues involved. My problem now is I have not been able to collect a British Passport for my DD because of the breakdown in the relationship, however I have court certified copies of my ex's British birth certificate, and his British passport, I also have a full birth certificate which we both went and registered our DD.

1. My question is as I do not have my daughter's British passport, would my Zambrano application be admissable (though i have adequate proof that she hs British through her birth certificate which is bearing the name of her father and the court certified copies of his documents).

2. Has anyone else had any experience of the above - where they have applied for Zambrano with circumstances similar to mine and been successful. I am sure there are a lot of single mothers in the same boat, as when a relationhip breakdown - establishing a middle ground with ex-partners is already diffifult.

Your input would be highly appreciated.

Thanks.

[Jambo]

Can't comment on the Zambrano application but I'm surprised you have not been able to secure a passort for your daughter. Assuming the father is named on the birth certificate, then you don't need to have his actual passport when applying. Providing the passport number should be enough.

[kimesssh]

Thanks Jambo,

As a first time applicant, I cannot make the application on her behalf , even with his Passport number, - Passport office have become strict, only he can apply for the passport for her as he is the British citizen, he needs to also sign the application form (this is something he will not do) I am really lost in regards to what I can do.

[Obie]

Well i believe the British Passport is an administrative process. Someone does not need to hold a British passport to become a British Citizen, but the opposite is true.

Provided your child was born before the 1 July 2006, he/she is a British Citizen, and you will fall under the scope of Zambrano.

That child qualifies for British Pasport, but if you are unable to meet the administrative, as opposed to the legislative requirement, i believe you could apply for confirmation of Citizenship, which i suspect you can use for a Zambrano application, if UKBA proves difficult.

I suspect you fall entirely within the scope of Zambrano.

[Jambo]

I assume you meant born after July 2006 and not before.

[Obie]

Thanks Jambo for the correction. Just coming back from a long day, brain is thinking one thing and hand is typing another. Essentially, OP's child is a British, irrespective of the passport issue , a Zambrano application should not be difficult. If UKBA tries to make it overburdensome in breach of European Law, there is the possibility of Judicial Review.

[kimesssh]

Obie, thank you very much, I really though as much as surely some people must be in the same boat as me.....I know of some British citizens who were born here and have never had a passport.

To cover all basis - I will apply for the proof of citizenship and see what they say and then put an application in for Zambrano, I have been to 4 solicitors and they all seem quite reluctant to put in Zambrano, even before I have explained my circumstances??? (wonder why)......so if you have any recommendation for a good lawyer for Zambrano in London please send me a private message, as I feel I will definitely need one for the cover letter.

Thank you.

[Obie]

Try getting the confirmation of British Nationality Status, and once that is done, you could apply for a british passport, or use it for the Zambrano application.

Is this man paying child support, and is there a court order stipulating the amount he is liable to pay for child support. All this will help to give weight to the claim for British Citizenship.

If Domestic Violence can be proven, i am sure the requirement that only he can apply for the child might be waived.