ZAMBRANO APPLICATION REFUSED

[progeny5kay]

Hi all sorry to bring the bad news after threatening UKBA they finally respond, sent me all my document with a refusal letter and the grounds for the refusal are:
1. That I did not submit a valid passport, registration document, nationality status letter for my child as evidence of British citizen and also in the birth certificate of my daughter that i submitted my first name was written as second name so they said because of this I am not the father or legal guardian of a British citizen and also failed to provide evidence that I am a primary carer of a British citizen and that the British citizen is residing in the UK.

2. That I have stated that there's another carer which is the mother (but i stated in my application she has medical issues since she has the baby and was referred to mother and baby unit so she won't be able to take care of the child if am not here) they said i have not provide enough evidence to why she will not be able to assume the care of the child. I submitted the incapacity benefit letters to show evidence. so they concluded saying you are neither the person who has primary responsibility for the care of the child nor someone who shares equal responsibility with one other person who is not an exempt person.

Finally they stated: As you do not have a valid passport you do not have a right of appeal against this decision as per regulation 26(3) of the immigration(EEA) regulations 2006 as amended.They said the position of my child has been considered light of requirement incumbent on UKBA agency as defined 55 of the 2009 Act and section 11 of the children Act 2004 and also in the light of supreme court ruling in the case of ZH(Tanzania) {2011}UKSC

then they started advising me if i want to go for article 8 private life e.t.c and also said based on what i submitted my entitlement to rely on the immigration(EEA) regulations 2006 cannot be established, there is no right of appeal against this decision
Lastly they said : if you consider that you have a right to reside in the UK as a matter of EU law and are in the position to submit the necessary information to support your application for DRC as recognition of that right you may which to submit further applications.

As you appear you have no alternative basis of stay in the UK you should now make an arrangement to leave. If you fail to do so voluntarily your departure maybe enforced.



DOCUMENTS SUBMITTED TO UKBA
Daughter's UK birth certificate
daughter's NHS card
daughter's GP registration letter
Letter from our local community health centre in regards to my Daughter
My partner's incapacity benefit letters to show she is on a sick
Our home insurance document with my name and partner name on to show as proof of address as me and my daughter leaves at the same address
letter from me to Ukba explaining the grounds and circumstances surrounding my application
photo evidences
letter from my partner explaining she is sick and i have been the one they rely on

[Obie]

Firstly, I have edited your name to preserve your identity.

You will need to establish the nationality of the child.

Secondly, you need to show you are related to the child as claimed.

Evidence of your nationality will be required.

What is the nationality of your disabled partner

[progeny5kay]

Firstly, I have edited your name to preserve your identity.

You will need to establish the nationality of the child.

Secondly, you need to show you are related to the child as claimed.

Evidence of your nationality will be required.

What is the nationality of your disabled partner

thanks for the edit
is UK birth certificate not enough to establish my daughter's nationality?
is birth certificate not a proof of my relationship with my child though they stated my first name and middle name were interchanged in her birth cert is that enough to say she is not my daughter?
Lastly my partner is British citizen but she is not disable but she has been diagnosed with post natal depression, she has panic attacks and she is always down not feeling good so her sickness is more of psychological than physical and she sees doctor every now and then.

[Obie]

The question now is , your passport or ID, because the documents you have supplied, does establish you are related to your daughter as claimed, but it does not identify you.

Your daughter does not need a British Passport to be a UK national.

If your show her mums nationality, then it wil resolve the nationality aspect of her case.

You may need to ask them to reconsider their decision, or give you a right of appeal, failure to do either, should lead to a JR challenge.

[progeny5kay]

The question now is , your passport or ID, because the documents you have supplied, does establish you are related to your daughter as claimed, but it does not identify you.

Your daughter does not need a British Passport to be a UK national.

If your show her mums nationality, then it wil resolve the nationality aspect of her case.

You may need to ask them to reconsider their decision, or give you a right of appeal, failure to do either, should lead to a JR challenge.

Thanks for your reply obie I will get my passport sorted and ask for reconsideration or appeal

[OLUMUYIWA]

[quote="progeny5kay"]Hi all sorry to bring the bad news after threatening UKBA they finally respond, sent me all my document with a refusal letter and the grounds for the refusal are:
1. That I did not submit a valid passport, registration document, nationality status letter for my child as evidence of British citizen and also in the birth certificate of my daughter that i submitted my first name was written as second name so they said because of this I am not the father or legal guardian of a British citizen and also failed to provide evidence that I am a primary carer of a British citizen and that the British citizen is residing in the UK.

2. That I have stated that there's another carer which is the mother (but i stated in my application she has medical issues since she has the baby and was referred to mother and baby unit so she won't be able to take care of the child if am not here) they said i have not provide enough evidence to why she will not be able to assume the care of the child. I submitted the incapacity benefit letters to show evidence. so they concluded saying you are neither the person who has primary responsibility for the care of the child nor someone who shares equal responsibility with one other person who is not an exempt person.

Finally they stated: As you do not have a valid passport you do not have a right of appeal against this decision as per regulation 26(3) of the immigration(EEA) regulations 2006 as amended.They said the position of my child has been considered light of requirement incumbent on UKBA agency as defined 55 of the 2009 Act and section 11 of the children Act 2004 and also in the light of supreme court ruling in the case of ZH(Tanzania) {2011}UKSC

then they started advising me if i want to go for article 8 private life e.t.c and also said based on what i submitted my entitlement to rely on the immigration(EEA) regulations 2006 cannot be established, there is no right of appeal against this decision
Lastly they said : if you consider that you have a right to reside in the UK as a matter of EU law and are in the position to submit the necessary information to support your application for DRC as recognition of that right you may which to submit further applications.

As you appear you have no alternative basis of stay in the UK you should now make an arrangement to leave. If you fail to do so voluntarily your departure maybe enforced.



[b]DOCUMENTS SUBMITTED TO UKBA
Daughter's UK birth certificate
daughter's NHS card
daughter's GP registration letter
Letter from our local community health centre in regards to my Daughter
My partner's incapacity benefit letters to show she is on a sick
Our home insurance document with my name and partner name on to show as proof of address as me and my daughter leaves at the same address
letter from me to Ukba explaining the grounds and circumstances surrounding my application
photo evidences
letter from my partner explaining she is sick and i have been the one they rely on


[/b][/quote]

Hello progeny5kay, May i ask when did you submit your application ? And how long did it take home office to refuse you ?

Thanks.

[progeny5kay]

Hi all sorry to bring the bad news after threatening UKBA they finally respond, sent me all my document with a refusal letter and the grounds for the refusal are:
1. That I did not submit a valid passport, registration document, nationality status letter for my child as evidence of British citizen and also in the birth certificate of my daughter that i submitted my first name was written as second name so they said because of this I am not the father or legal guardian of a British citizen and also failed to provide evidence that I am a primary carer of a British citizen and that the British citizen is residing in the UK.

2. That I have stated that there's another carer which is the mother (but i stated in my application she has medical issues since she has the baby and was referred to mother and baby unit so she won't be able to take care of the child if am not here) they said i have not provide enough evidence to why she will not be able to assume the care of the child. I submitted the incapacity benefit letters to show evidence. so they concluded saying you are neither the person who has primary responsibility for the care of the child nor someone who shares equal responsibility with one other person who is not an exempt person.

Finally they stated: As you do not have a valid passport you do not have a right of appeal against this decision as per regulation 26(3) of the immigration(EEA) regulations 2006 as amended.They said the position of my child has been considered light of requirement incumbent on UKBA agency as defined 55 of the 2009 Act and section 11 of the children Act 2004 and also in the light of supreme court ruling in the case of ZH(Tanzania) {2011}UKSC

then they started advising me if i want to go for article 8 private life e.t.c and also said based on what i submitted my entitlement to rely on the immigration(EEA) regulations 2006 cannot be established, there is no right of appeal against this decision
Lastly they said : if you consider that you have a right to reside in the UK as a matter of EU law and are in the position to submit the necessary information to support your application for DRC as recognition of that right you may which to submit further applications.

As you appear you have no alternative basis of stay in the UK you should now make an arrangement to leave. If you fail to do so voluntarily your departure maybe enforced.



DOCUMENTS SUBMITTED TO UKBA
Daughter's UK birth certificate
daughter's NHS card
daughter's GP registration letter
Letter from our local community health centre in regards to my Daughter
My partner's incapacity benefit letters to show she is on a sick
Our home insurance document with my name and partner name on to show as proof of address as me and my daughter leaves at the same address
letter from me to Ukba explaining the grounds and circumstances surrounding my application
photo evidences
letter from my partner explaining she is sick and i have been the one they rely on

Hello progeny5kay, May i ask when did you submit your application ? And how long did it take home office to refuse you ?

Thanks.

Hi bro I submitted my application on the 3rd of August 2012 it took them around 8months cos I wrote them numerous letters and lastly threatened to take them to court

[progeny5kay]

Hi obie I have applied for my passport but I just want to ask when am sending the reconsideration request do I need to send my documents and passport back to them or just letter to request reconsideration and also am worried if am sending my passport they might hold on to it as they are making this an habit now?

[OLUMUYIWA]

Thanks Progeny5Kay for your response.

Can someone please check and confirm the following for me pls?

1. What is the correct form for making a Zambrano application as at today?

2. Is the Zambrano application still free or have they introduced any fees as at today?

Many thanks.

[Prince74]

Thanks Progeny5Kay for your response.

Can someone please check and confirm the following for me pls?

1. What is the correct form for making a Zambrano application as at today?

2. Is the Zambrano application still free or have they introduced any fees as at today?

Many thanks.

Form DRF1, application remains free.

[progeny5kay]

Thanks Progeny5Kay for your response.

Can someone please check and confirm the following for me pls?

1. What is the correct form for making a Zambrano application as at today?

2. Is the Zambrano application still free or have they introduced any fees as at today?

Many thanks.

Form DRF1, application remains free.

Can anyone please advice me, I have applied for my passport but I just want to ask when sending the reconsideration request do I need to send my documents and passport back to them or just letter to request reconsideration and also am worried if am sending my passport they might hold on to it as they are making this an habit now????

[MUYIWA]

Thanks Progeny5Kay for your response.

Can someone please check and confirm the following for me pls?

1. What is the correct form for making a Zambrano application as at today?

2. Is the Zambrano application still free or have they introduced any fees as at today?

Many thanks.

Form DRF1, application remains free.

Thanks a lot Prince74. Sorry to hear about your refusal, I sure hope with you that great news will come your way soon.

By the way, if one is refused under Zambrano, can one send a re-consideration request ? If so will the reconsideration request be free as well?

[Prince74]

Thanks Progeny5Kay for your response.

Can someone please check and confirm the following for me pls?

1. What is the correct form for making a Zambrano application as at today?

2. Is the Zambrano application still free or have they introduced any fees as at today?

Many thanks.

Form DRF1, application remains free.

Thanks a lot Prince74. Sorry to hear about your refusal, I sure hope with you that great news will come your way soon.

By the way, if one is refused under Zambrano, can one send a re-consideration request ? If so will the reconsideration request be free as well?

Reconsideration will be free as well but it's usually better to re-apply once the reasons for the refusal have been corrected. Reconsideration usually take a long time and reapplying seem to be a better approach. If it was an application within national immigration rule, then my view on whether to reapply or ask for reconsideration would have been different

[progeny5kay]

Thanks Progeny5Kay for your response.

Can someone please check and confirm the following for me pls?

1. What is the correct form for making a Zambrano application as at today?

2. Is the Zambrano application still free or have they introduced any fees as at today?

Many thanks.

Form DRF1, application remains free.

Thanks a lot Prince74. Sorry to hear about your refusal, I sure hope with you that great news will come your way soon.

By the way, if one is refused under Zambrano, can one send a re-consideration request ? If so will the reconsideration request be free as well?

Reconsideration will be free as well but it's usually better to re-apply once the reasons for the refusal have been corrected. Reconsideration usually take a long time and reapplying seem to be a better approach. If it was an application within national immigration rule, then my view on whether to reapply or ask for reconsideration would have been different

Hi prince I just want to ask a quick question i have just applied for zambrano and just been refused i want to apply as an unmarried cohabiting partner as am an over stayer, I have got no status at the moment what form can i use flro or flrm I have been with my partner 6years now with tow kids

[Prince74]

Apply with form FLR(O) on the basis of Article 8 right to private and family life. You can not apply under any other category and neither can you use any other form. On your Zambrano application were you given right to appeal?

Form DRF1, application remains free.

Thanks a lot Prince74. Sorry to hear about your refusal, I sure hope with you that great news will come your way soon.

By the way, if one is refused under Zambrano, can one send a re-consideration request ? If so will the reconsideration request be free as well?

Reconsideration will be free as well but it's usually better to re-apply once the reasons for the refusal have been corrected. Reconsideration usually take a long time and reapplying seem to be a better approach. If it was an application within national immigration rule, then my view on whether to reapply or ask for reconsideration would have been different

Hi prince I just want to ask a quick question i have just applied for zambrano and just been refused i want to apply as an unmarried cohabiting partner as am an over stayer, I have got no status at the moment what form can i use flro or flrm I have been with my partner 6years now with tow kids

[progeny5kay]

Thanks prince74 on my zambrano i was not given right of appeal so am planning to re-apply on that and also put in the family life applcation

[wiggsy]

Thanks prince74 on my zambrano i was not given right of appeal so am planning to re-apply on that and also put in the family life applcation

progeny...
appeal/write a letter for reconsideration anyway... you might get lucky

ensure you submit a letter in support of your human rights claim... - and remind them of their duties... I'll send u a PM.

[progeny5kay]

Hell o everyone as my Zambrano has been refused, I have written a letter of reconsideration or right of Appeal, this has been sent to the same address i sent my Zambrano application. I was just wondering if I have sent it to the right place or if anybody has an alternative address please!

[wiggsy]

you can file for appeal directly also, download the forms from justice.gov.uk

I cant find the post right now, but the eumovement blog had a post relating to even if they dont give you the right of appeal you still have one as its in the regulations!

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

maybe of help...

[progeny5kay]

you can file for appeal directly also, download the forms from justice.gov.uk

I cant find the post right now, but the eumovement blog had a post relating to even if they dont give you the right of appeal you still have one as its in the regulations!

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

maybe of help...

Hi wiggsy, so what you are saying is even though I was not given the right of appeal, I can appeal if get you right? please I will like the post if you can help me with it please please

[wiggsy]

you can file for appeal directly also, download the forms from justice.gov.uk

I cant find the post right now, but the eumovement blog had a post relating to even if they dont give you the right of appeal you still have one as its in the regulations!

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

maybe of help...

Hi wiggsy, so what you are saying is even though I was not given the right of appeal, I can appeal if get you right? please I will like the post if you can help me with it please please

im looking for the post,,, it explained as because the UK implemented zambrano in the EEA regs, it still attracts a right of appeal... their "you have no right of appeal" should read "in our opinion you have no right of appeal"

http://www.ein.org.uk/blog/how-zambrano ... egulations

also bear in mind JR is always available...

you file as the claimant, the british citizen is an interested party... ive never been through the JR process, but form N461 on justice.gov.uk the guidance notes are on there too... looks a little complicated.
From what i was told its a £60 fee to file for JR. whether that'll help i dunno... (perhaps one of the more experienced members can help)


THIS IS THE POST I REFERED TO:
http://www.freemovement.org.uk/2012/06/ ... -decision/

[progeny5kay]

you can file for appeal directly also, download the forms from justice.gov.uk

I cant find the post right now, but the eumovement blog had a post relating to even if they dont give you the right of appeal you still have one as its in the regulations!

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

maybe of help...

Hi wiggsy, so what you are saying is even though I was not given the right of appeal, I can appeal if get you right? please I will like the post if you can help me with it please please

im looking for the post,,, it explained as because the UK implemented zambrano in the EEA regs, it still attracts a right of appeal... their "you have no right of appeal" should read "in our opinion you have no right of appeal"

http://www.ein.org.uk/blog/how-zambrano ... egulations

also bear in mind JR is always available...

you file as the claimant, the british citizen is an interested party... ive never been through the JR process, but form N461 on justice.gov.uk the guidance notes are on there too... looks a little complicated.
From what i was told its a £60 fee to file for JR. whether that'll help i dunno... (perhaps one of the more experienced members can help)


THIS IS THE POST I REFERED TO:
http://www.freemovement.org.uk/2012/06/ ... -decision/

Thanks wiggsy i will let you know what am doing next

[Babz]

you can file for appeal directly also, download the forms from justice.gov.uk

I cant find the post right now, but the eumovement blog had a post relating to even if they dont give you the right of appeal you still have one as its in the regulations!

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

maybe of help...

Hi wiggsy, so what you are saying is even though I was not given the right of appeal, I can appeal if get you right? please I will like the post if you can help me with it please please

im looking for the post,,, it explained as because the UK implemented zambrano in the EEA regs, it still attracts a right of appeal... their "you have no right of appeal" should read "in our opinion you have no right of appeal"

http://www.ein.org.uk/blog/how-zambrano ... egulations

also bear in mind JR is always available...

you file as the claimant, the british citizen is an interested party... ive never been through the JR process, but form N461 on justice.gov.uk the guidance notes are on there too... looks a little complicated.
From what i was told its a £60 fee to file for JR. whether that'll help i dunno... (perhaps one of the more experienced members can help)


THIS IS THE POST I REFERED TO:
http://www.freemovement.org.uk/2012/06/ ... -decision/

Hi guys,
You might want to think twice before appealing when not given the right to do so.See the link below:
http://www.immigrationboards.com/viewto ... c&start=40

However,from personal experience,if you feel you should have been given the right to appeal,what i believe you can do is write the H.O letting them know you have the right whilst presenting your evidence,and informing them you'll seek JR if their decision is not overturned.
Or else,if you appeal without given the right,first you lose your money,2nd your appeal will be rejected...

[progeny5kay]

you can file for appeal directly also, download the forms from justice.gov.uk

I cant find the post right now, but the eumovement blog had a post relating to even if they dont give you the right of appeal you still have one as its in the regulations!

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

maybe of help...

Hi wiggsy, so what you are saying is even though I was not given the right of appeal, I can appeal if get you right? please I will like the post if you can help me with it please please

im looking for the post,,, it explained as because the UK implemented zambrano in the EEA regs, it still attracts a right of appeal... their "you have no right of appeal" should read "in our opinion you have no right of appeal"

http://www.ein.org.uk/blog/how-zambrano ... egulations

also bear in mind JR is always available...

you file as the claimant, the british citizen is an interested party... ive never been through the JR process, but form N461 on justice.gov.uk the guidance notes are on there too... looks a little complicated.
From what i was told its a £60 fee to file for JR. whether that'll help i dunno... (perhaps one of the more experienced members can help)


THIS IS THE POST I REFERED TO:
http://www.freemovement.org.uk/2012/06/ ... -decision/

Hi guys,
You might want to think twice before appealing when not given the right to do so.See the link below:
http://www.immigrationboards.com/viewto ... c&start=40

However,from personal experience,if you feel you should have been given the right to appeal,what i believe you can do is write the H.O letting them know you have the right whilst presenting your evidence,and informing them you'll seek JR if their decision is not overturned.
Or else,if you appeal without given the right,first you lose your money,2nd your appeal will be rejected...

I have written to the UKBA requesting reconsideration or right of appeal, i will try and their response before taking the next step.