Updates on Zambrano applications

[mam2]

I thought I should share this; see link below on update on Sanneh v SSWP
http://www.birminghamlawcentre.org.uk/wordpress/?cat=1

Thank you HiPriest,
I was asking about this few days ago. Hoping something good comes out of this.
I like the way they said ' relegated'. That's exactly what it is. Discrimination in disguise.

[wiggsy]

Hello all!
Any info from anybody, this is really sad and its obvious UKBA has a hidden agenda. This is definately taking TOOOO LONGGGGGG, I wish all involve could come together and take UKBA to EUROPEAN COURT OF JUSTICE for this thier tricks.

GOOD LUCK ALL!!

if you know the process count "us" in... Ive actually been in contact with my MP in regards to a complaint about UKBA holding my passport (my friend might have a job for me in Ireland... and therefore a full EEA stamp for my wife on return... ive requested my passport back from UKBA three times, they ignore the requests...

my MP has told me to sum it up (a complaint) and HE will refer it to the parlimentary ombudsman for me.

RE: DRC application for wife... I CC'd my MP in on all emails / letters to UKBA, and he agrees with the evidence supplied her DRC should of been pretty much issued immediately.. (note: EEA regulations apply for DRC issuing... including the six month rule! - even if Directive 2004/38/EC doesnt, the UK decided to incorporate it all into the same legislation... and therefore the same rules apply... = basically, the card should be issued AS SOON AS POSSIBLE!)

[mam2]

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.

[Prince74]

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.

[Rahim0171]

Prince74>>> what document you submitted, which one proved you r primary carer of your child. Is your wife got any disability? please tell us, we can got guidance from your story.

[mam2]

Sorry to hear that Prince74. At least you now know what to do in terns of evidence preparation and gathering other stuff. I would say,don't lose heart. You have been incredibly patient and tolerant throughout all this
Lets hope that all these torture in disguise from ukba will end.
Pls did they return all the documents you submitted?
Thanks.

[GLH2012]

Hi Prince74, sorry to hear about your Zambrano refusal. I support your next course of action to appeal this decision. Seeing that you also have an Article 8 application pending, am optimistic that you will succeed on that. Keep up the good fight and all the best to you.

[Amid]

Hi guys can someone please advise me,I'm from a non EEA country, Caribbean origin,my child is 5yrs old was born here,and has her B.pass port,her dad is British citizen. He's married now and in a new relationship,and my child is not welcome by his wife. Besides he has a business in Nigeria and spend a few months a year over there. My daughter never spend more than 20 min with her father and hardly knows him. I am the sole care and only parent in many ways. Can I apply down the Zambrano route and what are my chances? I forgot to mention ,I overstayed 8yrs now and my daughter's dad do not have any medical condition. Please advise.

[Amid]

Hi guys can someone please advise me,I'm from a non EEA country, Caribbean origin,my child is 5yrs old was born here,and has her B.pass port,her dad is British citizen. He's married now and in a new relationship,and my child is not welcome by his wife. Besides he has a business in Nigeria and spend a few months a year over there. My daughter never spend more than 20 min with her father and hardly knows him. I am the sole care and only parent in many ways. Can I apply down the Zambrano route and what are my chances? I forgot to mention ,I overstayed 8yrs now and my daughter's dad do not have any medical condition. Please advise.

OR am I better off going for DLR on form FLRO which carry a cost of £561 for the HO fee,not to mention the solicitor fee somewhere in the region of £800. Please say which applies to me.

[wiggsy]

Hi guys can someone please advise me,I'm from a non EEA country, Caribbean origin,my child is 5yrs old was born here,and has her B.pass port,her dad is British citizen. He's married now and in a new relationship,and my child is not welcome by his wife. Besides he has a business in Nigeria and spend a few months a year over there. My daughter never spend more than 20 min with her father and hardly knows him. I am the sole care and only parent in many ways. Can I apply down the Zambrano route and what are my chances? I forgot to mention ,I overstayed 8yrs now and my daughter's dad do not have any medical condition. Please advise.

OR am I better off going for DLR on form FLRO which carry a cost of £561 for the HO fee,not to mention the solicitor fee somewhere in the region of £800. Please say which applies to me.

the choice is yours to make... but:
consider the following:
currently:
EEA route is "free",
DOES NOT allow you to gain PR / ILR (even 10 yr route)

FLR(O):
is not free.
DOES allow PR/ILR on the 10 yr route.
Requires 2.5 yrs reapplications
has guidance that states:

the Immigration Directorate Instruction Chapter 8 'Guidance on application of EX1 – consideration of a child's best interests under Appendix FM (family rules)' where Zambrano is specifically referenced (paragraph 7) to inform the guidance that:

"11. In cases where the decision being taken in respect of the person with parental responsibility would require that person to return to a country outside of the EU then the case must always be assessed on the basis that it would be unreasonable for the child to leave the UK with their parent. In such cases it will usually be the case that the person with parental responsibility will be allowed to stay in the UK with the child provided that there is satisfactory evidence of a genuine and subsisting relationship."

im sure theres other stuff people can post to help you decide... but if you cant afford the cost... definately start off with the DRC.

(Question: How are you living in the uk atm... - ie: food/money ETC... could the application cause you problems?...
note: Derivative right of residence, an application is not mandatory... - this is even stated on UKBA's website, it says you could have problems finding employment, but it does not say you cannot gain employment unless you register ETC... )

[Prince74]

Hi guys can someone please advise me,I'm from a non EEA country, Caribbean origin,my child is 5yrs old was born here,and has her B.pass port,her dad is British citizen. He's married now and in a new relationship,and my child is not welcome by his wife. Besides he has a business in Nigeria and spend a few months a year over there. My daughter never spend more than 20 min with her father and hardly knows him. I am the sole care and only parent in many ways. Can I apply down the Zambrano route and what are my chances? I forgot to mention ,I overstayed 8yrs now and my daughter's dad do not have any medical condition. Please advise.

OR am I better off going for DLR on form FLRO which carry a cost of £561 for the HO fee,not to mention the solicitor fee somewhere in the region of £800. Please say which applies to me.

the choice is yours to make... but:
consider the following:
currently:
EEA route is "free",
DOES NOT allow you to gain PR / ILR (even 10 yr route)

FLR(O):
is not free.
DOES allow PR/ILR on the 10 yr route.
Requires 2.5 yrs reapplications
has guidance that states:

the Immigration Directorate Instruction Chapter 8 'Guidance on application of EX1 – consideration of a child's best interests under Appendix FM (family rules)' where Zambrano is specifically referenced (paragraph 7) to inform the guidance that:

"11. In cases where the decision being taken in respect of the person with parental responsibility would require that person to return to a country outside of the EU then the case must always be assessed on the basis that it would be unreasonable for the child to leave the UK with their parent. In such cases it will usually be the case that the person with parental responsibility will be allowed to stay in the UK with the child provided that there is satisfactory evidence of a genuine and subsisting relationship."

im sure theres other stuff people can post to help you decide... but if you cant afford the cost... definately start off with the DRC.

(Question: How are you living in the uk atm... - ie: food/money ETC... could the application cause you problems?...
note: Derivative right of residence, an application is not mandatory... - this is even stated on UKBA's website, it says you could have problems finding employment, but it does not say you cannot gain employment unless you register ETC... )

Amid, I would suggest that you put in article 8 - FLR(O) application instead of Zambrano. As long as your child's father is alive and living in the UK your application is unlikely to succeed.

The UKBA returned all my documents except the passport. I've a solicitor who is dealing with my case and we are sending off the appeal letter before 9/4/13.

[mikaela09]

Hi All.

Just recently,i applied for a family permit under the Zambrano Judgement as a sole carer of my 3 years old british child, I applied out of the UK,After 3 days from the day i lodged my application i got refused, I already expected the refusal as I'am not qualified on regulation 11(5) and 15A of the immigration eea regulation of 2012 which was stated on the refusal letter, I just applied in the reason that to get an idea on my future application. but surprisingly i got a full right of appeal under regulation 29 of the imigration eea (amendment) regulation of 2003, is this regulation still exist?
By the way the reason of my refusal was that the biological father of my child is british and setted in the uk that is why am not qualify to enter as a primary carer of my child as they excluded cases where a child has a british or settled parent. I noted on my cover letter that me and the child father is already seperated and the child is living with me out of the country and the full responsibility is with me,i took him with me when i left UK as nobody will look after the child in the UK as his father didn't assumed responsibility for child, the child was born in the UK and got a British passport, his undergoing medical treatment in the Yorkhill hospital for the sick children when we left UK, thats the other reason why I wanted to go back to UK for the sake of my child health, all of the child GP appointment letters was included in my application too as my name on it. I was thinking to appeal and reapply again. Hope someone could help me in what would be the right thing to do, or maybe i will just apply in other catergory instead of reapplying and make an appeal?

Thank you in advance!

[mam2]

Mikaela09,
When did u apply and got refused? After Nov 2012 amendment?

[mikaela09]

Mikaela09,
When did u apply and got refused? After Nov 2012 amendment?

I applied this month and got refused after 3 days. it was just i try to see if its possible to apply for family permit under the Zambrano judgement. Why did you asked if its after Nov. 2012 amendment?

[mam2]

I asked because if they said they don't include children with settled parent, then no one will get a DRC under zambrano. To be British,one parent has to be British or settled. So it they did not consider the fact that you are the primary carer(the tern used after 8th Nov2012 instead of sole carer), then zambrano won't work for anyone really.
My child doesn't even know his father,would they expect him to look after him?
Mine was a short relationship resulting in my son's birth.

[progeny5kay]

Mikaela09,
When did u apply and got refused? After Nov 2012 amendment?

I applied this month and got refused after 3 days. it was just i try to see if its possible to apply for family permit under the Zambrano judgement. Why did you asked if its after Nov. 2012 amendment?

Please don't reapply but appeal that decision that's all you need is APPEAL

[mikaela09]

Mikaela09,
When did u apply and got refused? After Nov 2012 amendment?

I applied this month and got refused after 3 days. it was just i try to see if its possible to apply for family permit under the Zambrano judgement. Why did you asked if its after Nov. 2012 amendment?

Please don't reapply but appeal that decision that's all you need is APPEAL

Hi progeny5kay,
yeah, i am thinking to appeal but i have no idea how to, as it was stated in my refusal that am not qualify under regulation 11(5) and 15A, any idea how to depend my situation? and what other documents
do i need to produce if i go for appeal? Thanks

[mikaela09]

I asked because if they said they don't include children with settled parent, then no one will get a DRC under zambrano. To be British,one parent has to be British or settled. So it they did not consider the fact that you are the primary carer(the tern used after 8th Nov2012 instead of sole carer), then zambrano won't work for anyone really.
My child doesn't even know his father,would they expect him to look after him?
Mine was a short relationship resulting in my son's birth.

Hi mam2,
Here is some wording on the decision.

"You have applied to join your child who is a British natonal on the basis that you are the primary carer of the child. The amendment 2012 EEA regulation (Zambrano judgement part 11(5) and 15A) permit a third country national to enter the UK in this capacity where the denial of such right of residence would prevent the British citizen from being able to reside in the UK or in an EEA State. The policy excludes cases where a child has a British or settled parent. In cases where there is another parent/guardian/carer upon whom the child is, or can become, dependent then this would fall out of scope. This is because removal of the third country national in such circumstances would not oblige the child to leave the EU because an alternative carer is aailable.

[mam2]

Wow, I cannot believe this.then who will get RC under zambrano?
When did u leave UK with the child?
Why did they not ask for evidence the British father cannot be an alternative carer.
I'm so surprise of the wording in the refusal.
I will go and read regulation again.
Sorry to ask so much. Where did u apply from?

[Nat1979]

Hi All.

Just recently,i applied for a family permit under the Zambrano Judgement as a sole carer of my 3 years old british child, I applied out of the UK,After 3 days from the day i lodged my application i got refused, I already expected the refusal as I'am not qualified on regulation 11(5) and 15A of the immigration eea regulation of 2012 which was stated on the refusal letter, I just applied in the reason that to get an idea on my future application. but surprisingly i got a full right of appeal under regulation 29 of the imigration eea (amendment) regulation of 2003, is this regulation still exist?
By the way the reason of my refusal was that the biological father of my child is british and setted in the uk that is why am not qualify to enter as a primary carer of my child as they excluded cases where a child has a british or settled parent. I noted on my cover letter that me and the child father is already seperated and the child is living with me out of the country and the full responsibility is with me,i took him with me when i left UK as nobody will look after the child in the UK as his father didn't assumed responsibility for child, the child was born in the UK and got a British passport, his undergoing medical treatment in the Yorkhill hospital for the sick children when we left UK, thats the other reason why I wanted to go back to UK for the sake of my child health, all of the child GP appointment letters was included in my application too as my name on it. I was thinking to appeal and reapply again. Hope someone could help me in what would be the right thing to do, or maybe i will just apply in other catergory instead of reapplying and make an appeal?




Thank you in advance!

I think you should appeal. I receive my resident card after winning my appeal under Zambrano. My son has a disability and a number of other problems which he's getting treatment for. My son's father plays and important role in his upbringing and is an important part of his life. But it was establish by the judge and an independent social worker that although his father is in his life I'm still the primary care giver because I have the day to day responsibility of caring for him.

[mikaela09]

Hi All.

Just recently,i applied for a family permit under the Zambrano Judgement as a sole carer of my 3 years old british child, I applied out of the UK,After 3 days from the day i lodged my application i got refused, I already expected the refusal as I'am not qualified on regulation 11(5) and 15A of the immigration eea regulation of 2012 which was stated on the refusal letter, I just applied in the reason that to get an idea on my future application. but surprisingly i got a full right of appeal under regulation 29 of the imigration eea (amendment) regulation of 2003, is this regulation still exist?
By the way the reason of my refusal was that the biological father of my child is british and setted in the uk that is why am not qualify to enter as a primary carer of my child as they excluded cases where a child has a british or settled parent. I noted on my cover letter that me and the child father is already seperated and the child is living with me out of the country and the full responsibility is with me,i took him with me when i left UK as nobody will look after the child in the UK as his father didn't assumed responsibility for child, the child was born in the UK and got a British passport, his undergoing medical treatment in the Yorkhill hospital for the sick children when we left UK, thats the other reason why I wanted to go back to UK for the sake of my child health, all of the child GP appointment letters was included in my application too as my name on it. I was thinking to appeal and reapply again. Hope someone could help me in what would be the right thing to do, or maybe i will just apply in other catergory instead of reapplying and make an appeal?




Thank you in advance!

I think you should appeal. I receive my resident card after winning my appeal under Zambrano. My son has a disability and a number of other problems which he's getting treatment for. My son's father plays and important role in his upbringing and is an important part of his life. But it was establish by the judge and an independent social worker that although his father is in his life I'm still the primary care giver because I have the day to day responsibility of caring for him.

yeah i really think that i should appeal as they are giving me a chance to do it tho, plus i feel that i have a chance to win the appeal after reading your post, my son is on medical treatment too and am the primary carer,and am seperated with the child father..do you think i have a big chance to win the case? what are those documents you've submitted on your appeal? how long it will take for the appeal process? Thanks

[yahwadud]

Hi All.

Just recently,i applied for a family permit under the Zambrano Judgement as a sole carer of my 3 years old british child, I applied out of the UK,After 3 days from the day i lodged my application i got refused, I already expected the refusal as I'am not qualified on regulation 11(5) and 15A of the immigration eea regulation of 2012 which was stated on the refusal letter, I just applied in the reason that to get an idea on my future application. but surprisingly i got a full right of appeal under regulation 29 of the imigration eea (amendment) regulation of 2003, is this regulation still exist?
By the way the reason of my refusal was that the biological father of my child is british and setted in the uk that is why am not qualify to enter as a primary carer of my child as they excluded cases where a child has a british or settled parent. I noted on my cover letter that me and the child father is already seperated and the child is living with me out of the country and the full responsibility is with me,i took him with me when i left UK as nobody will look after the child in the UK as his father didn't assumed responsibility for child, the child was born in the UK and got a British passport, his undergoing medical treatment in the Yorkhill hospital for the sick children when we left UK, thats the other reason why I wanted to go back to UK for the sake of my child health, all of the child GP appointment letters was included in my application too as my name on it. I was thinking to appeal and reapply again. Hope someone could help me in what would be the right thing to do, or maybe i will just apply in other catergory instead of reapplying and make an appeal?




Thank you in advance!

I think you should appeal. I receive my resident card after winning my appeal under Zambrano. My son has a disability and a number of other problems which he's getting treatment for. My son's father plays and important role in his upbringing and is an important part of his life. But it was establish by the judge and an independent social worker that although his father is in his life I'm still the primary care giver because I have the day to day responsibility of caring for him.

yeah i really think that i should appeal as they are giving me a chance to do it tho, plus i feel that i have a chance to win the appeal after reading your post, my son is on medical treatment too and am the primary carer,and am seperated with the child father..do you think i have a big chance to win the case? what are those documents you've submitted on your appeal? how long it will take for the appeal process? Thanks

they have given you the change to appeal so why waiting or doubting ,just believe that you have win the appeal already.am sure you will win.

[mam2]

Mikaela09,
Will you be appealing on paper or someone will be representing you here in UK.

[kofi75]

My Zambrano has been refused with the most ridiculous reasons i have ever come across.I applied with my wife as joint carers of my step-son with loads of documents showing the child is 100% dependent on us.The caseworker being ignorant refused the application on the customary marriage certificate we sent with the application.This is the wording"You have submitted a marriage certificate as evidence of your relationship but the exit stamps in your passport doesnot seem to agree with the date on the claimed wedding certificate.You couldnot have been present in Ghana on the date of marriage.It therefore calls into question the credibility of the document and your relationship.You therefore do not qualify as a primary carer of the relevant British Citizen.
The idiot has no clue about customary marriage in Ghana and even so how could you ignore all the revelant documents of dependency and refuse the application cos a marriage certificate.We have got right of appeal and the case law of McCabe V McCabe is relevant.

[mam2]

Ei, yawuo o. Kofi75, sorry to hear about your case. Something is wrong somewhere. How on earth could they use this excuse and for them to take that long to come out with that is ridiculous.
Is your wife British or settled?