Updates on Zambrano applications

labelle · Post by **labelle** » Fri Mar 15, 2013 10:16 pm

evie233 wrote:Have you received ur coa with right to work?

Evie233 ,please check your private messages

labelle · Post by **labelle** » Fri Mar 15, 2013 10:29 pm

kofi75 wrote:@Marina4,she applied as a single parent but obviously Ukba said there wasnt enough evidence to show the british parent is not involved with the child or would notbe able to care for the child if she were to go.
I think the best way is to show you in a relationship wth another person.Just a suggestion.
@Labelle i will do.Words of faith has been spoken and they will never come back void until it has accomplish what it has been sent for

Absolutely

Prince74 · Post by **Prince74** » Sat Mar 16, 2013 12:31 am

kofi75 wrote:The funny thing is as they refused her,they told her she qualifies under article 8 but since dat was not what she applied for,they gave her a link to follow if she wants to apply.
I am sure this is a ploy to get most Zambrano applicants to apply under the immigration rules so they can get some money and also to be able to exercise their immigration control over them.

She should appeal rather than apply under Article 8. I am absolutely sure that she would win at appeal. Anyone refused on Zambrano should appeal. Making another article 8 application is just giving money away to the UKBA

kofi75 · Post by **kofi75** » Sat Mar 16, 2013 6:26 am

She is rather appealing the refusal and also on article 8 since they served her with a removal notice.She has got two grounds of appeal.
Zambrano and article 8 are intertwinned so anyone who is refused should appeal on Article 8 as well.
The judge can allow the appeal on both grounds

marina4 · Post by **marina4** » Sat Mar 16, 2013 8:32 am

hello guys!
could anybody confirm if while waiting for ZAMBRANO, one can still put in an application on ARTICLE 8?
My cousin's solicitor told her , she has to wait for the outcome of zambrano as she cannot have two applications sent in at the same time.

thanks all.

progeny5kay · Post by **progeny5kay** » Sat Mar 16, 2013 9:59 am

[quote="marina4"]hello guys!
could anybody confirm if while waiting for ZAMBRANO, one can still put in an application on ARTICLE 8?
My cousin's solicitor told her , she has to wait for the outcome of zambrano as she cannot have two applications sent in at the same

I don't know why the solicitor said that because it is very right to send article 8 while waiting for zambrano. Tell your friend it's ok to send article 8 while waiting there's an answer in what forget know section band ukba said it's ok

progeny5kay · Post by **progeny5kay** » Sat Mar 16, 2013 10:04 am

marina4 wrote:hello guys!
could anybody confirm if while waiting for ZAMBRANO, one can still put in an application on ARTICLE 8?
My cousin's solicitor told her , she has to wait for the outcome of zambrano as she cannot have two applications sent in at the same time.

thanks all.

This is the link check it
Http://www.whatdotheyknow.com/request/z ... sidency_an

Prince74 · Post by **Prince74** » Sat Mar 16, 2013 10:50 am

marina4 wrote:hello guys!
could anybody confirm if while waiting for ZAMBRANO, one can still put in an application on ARTICLE 8?
My cousin's solicitor told her , she has to wait for the outcome of zambrano as she cannot have two applications sent in at the same time.

thanks all.

The solicitor is totally wrong. You can have a Zambrano application and also an article 8 application at the same time. The Zambrano is based on EU law and article 8 is based on national law.

I've two applications with the UKBA.

kofi75 · Post by **kofi75** » Sat Mar 16, 2013 11:11 am

This is my advice to Zambrano applicants as single parents,I look thoroughly at the caseworkers instructions to deal with the scenario of whether the British child will be forced out of the EEA.
Caseworkers have been instructed to start with the notion that the British parent is in the Uk and is able to care for the child.
Now the onus is then on the applicant to prove contrary.
This is where they need evidence to show the British parent is not capable of performing this role.And the only evidence acceptable to them is proving the british parent is physically or mentally unfit be a carer.
I will advise applicants should start gathering evidence in this respect since ukba is not going to sk for them because they already said the onus is on you to prove or they ll decide on standard of probabilities with the evidence at their disposal.They stated that they wont accept financial difficulties as means of unsuitability on the part of the British parent.And secondly responsibilty evidence should include financial

evie233 · Post by **evie233** » Sat Mar 16, 2013 12:54 pm

Then I guess there will be a problem.. what about people not in contact with their exes, and I am sure my ex doesn't have a mental problem.. so they will have to come up with a better reason, cos I am ready to drag them through hell and back, to get some sort of stay...

marina4 · Post by **marina4** » Sat Mar 16, 2013 1:51 pm

Thanks all for the responses.
Tthe issue with her own case is that, all document she has, was sent with the zambrano application.
All left with the solicitor are just photocopies of all documents sent, and i believe ukba do not recognise photocopies.
thanks

GLH2012 · Post by **GLH2012** » Sat Mar 16, 2013 3:55 pm

marina4 wrote:hello guys!
could anybody confirm if while waiting for ZAMBRANO, one can still put in an application on ARTICLE 8?
My cousin's solicitor told her , she has to wait for the outcome of zambrano as she cannot have two applications sent in at the same time.

thanks all.

Hi Marina4, am thinking about doing the same thing but do know if I should wait for the outcome of my Zambrano application. A friend of mine put in Art.8 application in Aug 2012 and was given 30 months leave to remain in Feb. Why the hold on to our Zambrano application is so unfair.

labelle · Post by **labelle** » Sat Mar 16, 2013 7:52 pm

kofi75 wrote:This is my advice to Zambrano applicants as single parents,I look thoroughly at the caseworkers instructions to deal with the scenario of whether the British child will be forced out of the EEA.
Caseworkers have been instructed to start with the notion that the British parent is in the Uk and is able to care for the child.
Now the onus is then on the applicant to prove contrary.
This is where they need evidence to show the British parent is not capable of performing this role.And the only evidence acceptable to them is proving the british parent is physically or mentally unfit be a carer.
I will advise applicants should start gathering evidence in this respect since ukba is not going to sk for them because they already said the onus is on you to prove or they ll decide on standard of probabilities with the evidence at their disposal.They stated that they wont accept financial difficulties as means of unsuitability on the part of the British parent.And secondly responsibilty evidence should include financial

Hi Kofi,
Do you have a link for the caseworker instructions (guidelines ) please?

kofi75 · Post by **kofi75** » Sat Mar 16, 2013 9:55 pm

inbox me your email add

labelle · Post by **labelle** » Sat Mar 16, 2013 10:02 pm

kofi75 wrote:inbox me your email add

Done , check yr inbox.

kofi75 · Post by **kofi75** » Sat Mar 16, 2013 10:35 pm

Check your email

Prince74 · Post by **Prince74** » Sat Mar 16, 2013 10:41 pm

kofi75 wrote:Check your email

This link is a FOI request I made a while ago in relation to Zambrano. Am sure you all will find it useful.

http://www.whatdotheyknow.com/request/1 ... 6.pdf.html

labelle · Post by **labelle** » Sat Mar 16, 2013 10:52 pm

Prince74 wrote:
kofi75 wrote:Check your email
This link is a FOI request I made a while ago in relation to Zambrano. Am sure you all will find it useful.

http://www.whatdotheyknow.com/request/1 ... 6.pdf.html

Thanks Kofi and thank you prince.

labelle · Post by **labelle** » Sat Mar 16, 2013 11:14 pm

labelle wrote:
Prince74 wrote:
kofi75 wrote:Check your email

This link is a FOI request I made a while ago in relation to Zambrano. Am sure you all will find it useful.

http://www.whatdotheyknow.com/request/1 ... se%2025686.

Very informative, thank you guys.

labelle · Post by **labelle** » Sat Mar 16, 2013 11:45 pm

labelle wrote:
kofi75 wrote:This is my advice to Zambrano applicants as single parents,I look thoroughly at the caseworkers instructions to deal with the scenario of whether the British child will be forced out of the EEA.
Caseworkers have been instructed to start with the notion that the British parent is in the Uk and is able to care for the child.
Now the onus is then on the applicant to prove contrary.
This is where they need evidence to show the British parent is not capable of performing this role.And the only evidence acceptable to them is proving the british parent is physically or mentally unfit be a carer.
I will advise applicants should start gathering evidence in this respect since ukba is not going to sk for them because they already said the onus is on you to prove or they ll decide on standard of probabilities with the evidence at their disposal.They stated that they wont accept financial difficulties as means of unsuitability on the part of the British parent.And secondly responsibilty evidence should include financial

Now I understand your point, but how can someone demonstrate or prove that they don't know the other parent whereabouts or that they do not have any contact with them? I wish they will give examples for that ,be cause it is "impossible " to prove that. Shady very shady.
This is to discourage people from applying for tha zambrano and go for the art 8 . I now can believe the statement about the ukba holding on zambrano decisions till the legal aid goes off. This is sad .

GLH2012 · Post by **GLH2012** » Sun Mar 17, 2013 6:25 pm

A solicitor I chatted with online said ways of demonstrating sole care for a Zambrano application would be getting bills in your name to your address and proving that the child lives with you ie letters addressed to the child in the same adress such as NHS appointment letters. Some of the appointment letters for my son I submitted had been addressed to me. And in my covering letter my solicitor stated that my son has always lived with me as his dad has mostly been absent. They cannot force an unwilling father to suddenly take care of a 6yr old, that is if they find him, because they want the parent who has always cared for this child to leave the UK. This is ridiculous.

kofi75 · Post by **kofi75** » Sun Mar 17, 2013 7:30 pm

Please dont you all forget that the responsibility should include financial evidence as it is part of the caseworkers instruction.
This can be evidenced by delivery receipts of online purchases for the child and any other receipts associated with any purchase for the child.I set up an online accounts for most shops where i purchase stuff for the child and I sent them.

labelle · Post by **labelle** » Mon Mar 18, 2013 12:47 am

kofi75 wrote:Please dont you all forget that the responsibility should include financial evidence as it is part of the caseworkers instruction.
This can be evidenced by delivery receipts of online purchases for the child and any other receipts associated with any purchase for the child.I set up an online accounts for most shops where i purchase stuff for the child and I sent them.

Good point Kofi, thank you for sharing

kofi75 · Post by **kofi75** » Mon Mar 18, 2013 9:10 am

You most welcome Labelle,I am off work today and anxiously waiting for the postman

I will get my Derivative Card this week by hook or crook or they will get another nice letter from me

kofi75 · Post by **kofi75** » Mon Mar 18, 2013 9:22 am

GLH2012 wrote:A solicitor I chatted with online said ways of demonstrating sole care for a Zambrano application would be getting bills in your name to your address and proving that the child lives with you ie letters addressed to the child in the same adress such as NHS appointment letters. Some of the appointment letters for my son I submitted had been addressed to me. And in my covering letter my solicitor stated that my son has always lived with me as his dad has mostly been absent. They cannot force an unwilling father to suddenly take care of a 6yr old, that is if they find him, because they want the parent who has always cared for this child to leave the UK. This is ridiculous.

By getting all that evidence mentioned,you have satisfactorily proven rsponsibility but you have not evidenced that fact that there is no other suitable family who can care for the child if you are removed.Go through the link provided by Prince74 and you ll understand the analogy

Immigrationboards.com: Immigration, work visa and work permit discussion board

Updates on Zambrano applications