mam2 wrote:Wiggsy,
I can understand your frustration. It is just too much for any human being to handle.
I was debating with a friend today and it seems one might die out of frustration before they act. And would be quick to open an inquest. We are treated like animals with no say and yet they talk about equality. Even if we were able to tract application progress online like in the United States, I'm sure a lot of us will not be in this agonising state.
My solicitor told me exactly what you have just said, once its part of the legislation irrespective of it being derivative residence,they are bound by the rules.
We need to shame them publicly cos their attittude towards migrants is disgusting.
what they should perhaps know but don't is that its their job just like any other job so they should stop being like its at their discretion to do it.
I work hard in this country more than I did in my own country and yet get pushed out like trash. Appalling.
Update:
I have today received a decision from UKBA on my application for a Zambrano derivative right of residence card.
Unfortunately, but not unsurprisingly, this application has been rejected. The application has been refused on the basis that I am not considered to be the primary carer of my daughter. The refusal does not appear to make any decision on whether or not I am the primary carer of my wife (my wife has a medical condition which the UKBA is aware of), which was the other basis of the application (and has been completely ignored). The decision also does not consider my Article 8 rights but simply states my Article 8 reconsideration will be dealt with in due course.
I have been given the right to appeal the decision although the grounds the UKBA has listed do not include Article 8. This does not appear to be correct but I will be looking into this further and will challenge it vigorously. The appeal form must be submitted by 9 April at the latest.
I always knew that the Zambrano application would be refused, having read the Guidance from the UKBA and the way the UKBA interpreted the ECJ judgment to limit it scope and the potential beneficiaries.
But overall, it is a wonderful news that I had been given right of appeal, which means we can now proceed to appeal which, from relevant caselaw which have come out in the last 2 years, I am 100% certain that I would win at appeal.