Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
-
Babz
- Member of Standing
- Posts: 308
- Joined: Tue Mar 12, 2013 12:22 pm
- Location: UK
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by Babz » Thu Apr 04, 2013 4:34 pm
labelle wrote:I'm sorry to bring this sad news, I wish I could give news that would encourage those who are waiting.
My zambrano application has been refused , the reasons for the refusal are :
- there is insufficient evidence to show that the British child would be unable to remain in the uk /EEA if you were forced to leave.
-You have failed to provide evidence on why the father is not in position to care for the British child
-you have not provided evidence to show how you financially support the British child and yourself
Then they go on about the art 8 and appeal, they have also kept my passport.
I know I have to appeal but how can one prove that the father is not in the position to care for his child, we are not in communication and don't know his whereabouts .
I was given 10 days to appeal.
I would appreciate any advice.
All the best for those still waiting ,
Many thanks
Sorry to hear about this. I know it's had to take but just take it as a minor set-back. I'll advice you seek a specialist/solicitor's advice. Or anyone on this forum with such experience should please advice.
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Thu Apr 04, 2013 4:43 pm
mam2 wrote:@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.
Hi mam2,
It was dated 30 march , received today.
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Thu Apr 04, 2013 4:44 pm
Babz wrote:labelle wrote:I'm sorry to bring this sad news, I wish I could give news that would encourage those who are waiting.
My zambrano application has been refused , the reasons for the refusal are :
- there is insufficient evidence to show that the British child would be unable to remain in the uk /EEA if you were forced to leave.
-You have failed to provide evidence on why the father is not in position to care for the British child
-you have not provided evidence to show how you financially support the British child and yourself
Then they go on about the art 8 and appeal, they have also kept my passport.
I know I have to appeal but how can one prove that the father is not in the position to care for his child, we are not in communication and don't know his whereabouts .
I was given 10 days to appeal.
I would appreciate any advice.
All the best for those still waiting ,
Many thanks
Sorry to hear about this. I know it's had to take but just take it as a minor set-back. I'll advice you seek a specialist/solicitor's advice. Or anyone on this forum with such experience should please advice.
Thank you Babz for your kind words.
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
Babz
- Member of Standing
- Posts: 308
- Joined: Tue Mar 12, 2013 12:22 pm
- Location: UK
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by Babz » Thu Apr 04, 2013 5:02 pm
labelle wrote:Babz wrote:labelle wrote:I'm sorry to bring this sad news, I wish I could give news that would encourage those who are waiting.
My zambrano application has been refused , the reasons for the refusal are :
- there is insufficient evidence to show that the British child would be unable to remain in the uk /EEA if you were forced to leave.
-You have failed to provide evidence on why the father is not in position to care for the British child
-you have not provided evidence to show how you financially support the British child and yourself
Then they go on about the art 8 and appeal, they have also kept my passport.
I know I have to appeal but how can one prove that the father is not in the position to care for his child, we are not in communication and don't know his whereabouts .
I was given 10 days to appeal.
I would appreciate any advice.
All the best for those still waiting ,
Many thanks
Sorry to hear about this. I know it's had to take but just take it as a minor set-back. I'll advice you seek a specialist/solicitor's advice. Or anyone on this forum with such experience should please advice.
Thank you Babz for your kind words.
You are welcome.Seriously, I still don't understand why HO is making this application hell for people.It's quite easy and straight forward in Ireland.You only need to show you live with your child in the same address and provide letter(s) of support from your child's GP or creche/nursery/school. UKBA is evil
-
mam2
- Member
- Posts: 163
- Joined: Wed Jan 23, 2013 6:42 pm
Post
by mam2 » Thu Apr 04, 2013 6:45 pm
Hi labelle,
I asked a solicitor a few minutes ago and she said if you cannot find the child's dad, that is your proof. It was a brief relationship, and he made the child's passport to cover up his shame of not looking after the child. You cannot do anymore to prove on paper. However, she said you can explain better in court of appeal.
I hope it helps. She was of the view that no one can prove the child's British parent can care for the child when in actual fact, you cannot even find him.
Take heart. It is well. Nyame wo ho labelle. Nsuro.
papa2
-
mam2
- Member
- Posts: 163
- Joined: Wed Jan 23, 2013 6:42 pm
Post
by mam2 » Thu Apr 04, 2013 6:52 pm
labelle wrote:mam2 wrote:@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.
Hi mam2,
It was dated 30 march , received today.
Oh, I see, so they work on Saturday too. Doing overtime to clear backlogs? Lol
Sometimes, I feel they backdate letters/decisions to cover up their inefficiency.
papa2
-
kofi75
- Member
- Posts: 176
- Joined: Sun Dec 23, 2012 6:59 pm
- Location: london
Post
by kofi75 » Thu Apr 04, 2013 7:18 pm
Take heart my sister,it is well.Court is the best place for all Zambrano cases as the HO are not ready to issue any DRC yet.A judge will look at the evidence at hand and the fact that you are the dorminant carer.don't forget to send the case law of omutunde with your appeal bundle.you will have the opportunity to defend yourself before a judge.you remember i talked about the financial responsibility last two weeks
Last edited by
kofi75 on Thu Apr 04, 2013 7:34 pm, edited 1 time in total.
-
Babz
- Member of Standing
- Posts: 308
- Joined: Tue Mar 12, 2013 12:22 pm
- Location: UK
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by Babz » Thu Apr 04, 2013 7:31 pm
mam2 wrote:labelle wrote:mam2 wrote:@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.
Hi mam2,
It was dated 30 march , received today.
Oh, I see, so they work on Saturday too. Doing overtime to clear backlogs? Lol
Sometimes, I feel they backdate letters/decisions to cover up their inefficiency.
HO once called my sister during the Easter bank holiday in 2010...
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Thu Apr 04, 2013 7:34 pm
mam2 wrote:Hi labelle,
I asked a solicitor a few minutes ago and she said if you cannot find the child's dad, that is your proof. It was a brief relationship, and he made the child's passport to cover up his shame of not looking after the child. You cannot do anymore to prove on paper. However, she said you can explain better in court of appeal.
I hope it helps. She was of the view that no one can prove the child's British parent can care for the child when in actual fact, you cannot even find him.
Take heart. It is well. Nyame wo ho labelle. Nsuro.
Meda wo ase , I intend to appeal, thank you for the infos it is well. if you can add more evidence to your application , please do so.
Last edited by
labelle on Fri Apr 05, 2013 4:10 am, edited 1 time in total.
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
evie233
- Member
- Posts: 180
- Joined: Sun Jul 01, 2012 7:46 pm
- Mood:
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by evie233 » Thu Apr 04, 2013 7:35 pm
kofi75 wrote:Take heart my sister,it is well.Court is the best place for all Zambrano cases as the HO are not ready to issue any DRC yet.A judge will look at the evidence at hand and the fact that you are the dorminant carer.don't forget to send the case law of omutunde with your appeal bundle.you will have the opportunity to defend yourself before a judge.you remember i talked about the financial responsiility last two weeks
So sorry about all these disappointing news , I really dont know what to say,...
![Sad :(](./images/smilies/icon_sad.gif)
I will keep praying for good news, we will smile soon, by God's grace...
Last edited by
evie233 on Thu Apr 04, 2013 7:36 pm, edited 1 time in total.
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Thu Apr 04, 2013 7:36 pm
mam2 wrote:labelle wrote:mam2 wrote:@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.
Hi mam2,
It was dated 30 march , received today.
Oh, I see, so they work on Saturday too. Doing overtime to clear backlogs? Lol
Sometimes, I feel they backdate letters/decisions to cover up their inefficiency.
I saw it as well, it was a saturday.it seems strange .
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Thu Apr 04, 2013 7:40 pm
kofi75 wrote:Take heart my sister,it is well.Court is the best place for all Zambrano cases as the HO are not ready to issue any DRC yet.A judge will look at the evidence at hand and the fact that you are the dorminant carer.don't forget to send the case law of omutunde with your appeal bundle.you will have the opportunity to defend yourself before a judge.you remember i talked about the financial responsibility last two weeks
thank you Kofi, you surely did talk about it , but I dont have the facilities to set accounts online at the moment , is there another way to prove my child depend on me financially?
omotunde? I will search for it .They gave me only 10 days to appeal . can someone clarify please, is the countdown from the date of issue?
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
kofi75
- Member
- Posts: 176
- Joined: Sun Dec 23, 2012 6:59 pm
- Location: london
Post
by kofi75 » Thu Apr 04, 2013 8:11 pm
Financial dependency is always difficult to prove.But as long as your child is a member of your household,dependency is automatic.Mothers are natural carers of a child and secondly after the court of appeal ruling of ZH Tanzania,the Ukba has been place under duty call to give a primary consideration to the best interest of the child in any case that involves a British Citizen child.This is in Section 55 of the border act 2009.
That is what the judges use in deciding cases involving British citizen minor.It is definitely not in the best interest of a child to detach him from the parent on whom he is dependent on in exercising his european citizenship rights and be given to the other parent who is not involved in the child upbringing.
Check the case law of Omutunde,it will help you build your case in the appeal bundle.It starts from the day you receive it.Just try to be fast about it,as you can send further evidence after.Special delivery pls
-
kofi75
- Member
- Posts: 176
- Joined: Sun Dec 23, 2012 6:59 pm
- Location: london
Post
by kofi75 » Thu Apr 04, 2013 9:07 pm
@labelle,sent the caselaw into your email.can print it out
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Thu Apr 04, 2013 9:58 pm
kofi75 wrote:Financial dependency is always difficult to prove.But as long as your child is a member of your household,dependency is automatic.Mothers are natural carers of a child and secondly after the court of appeal ruling of ZH Tanzania,the Ukba has been place under duty call to give a primary consideration to the best interest of the child in any case that involves a British Citizen child.This is in Section 55 of the border act 2009.
That is what the judges use in deciding cases involving British citizen minor.It is definitely not in the best interest of a child to detach him from the parent on whom he is dependent on in exercising his european citizenship rights and be given to the other parent who is not involved in the child upbringing.
Check the case law of Omutunde,it will help you build your case in the appeal bundle.It starts from the day you receive it.Just try to be fast about it,as you can send further evidence after.Special delivery pls
Thank you so much kofi, I will do that and send it as soon as possible.
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
kiss300
- Member of Standing
- Posts: 255
- Joined: Fri Mar 22, 2013 2:43 pm
- Location: United Kingdom
- Mood:
![Ghana Ghana](./ext/rmcgirr83/nationalflags/flags/gh.png)
Post
by kiss300 » Fri Apr 05, 2013 9:39 am
sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u
-
evie233
- Member
- Posts: 180
- Joined: Sun Jul 01, 2012 7:46 pm
- Mood:
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by evie233 » Fri Apr 05, 2013 11:45 am
Can I ask please, is it possible to reapply after being refused, with more documents? Or is it just a one chance application?
-
Babz
- Member of Standing
- Posts: 308
- Joined: Tue Mar 12, 2013 12:22 pm
- Location: UK
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by Babz » Fri Apr 05, 2013 11:57 am
evie233 wrote:Can I ask please, is it possible to reapply after being refused, with more documents? Or is it just a one chance application?
You can always re-apply.
-
evie233
- Member
- Posts: 180
- Joined: Sun Jul 01, 2012 7:46 pm
- Mood:
![United Kingdom United Kingdom](./ext/rmcgirr83/nationalflags/flags/gb.png)
Post
by evie233 » Fri Apr 05, 2013 12:35 pm
Babz wrote:evie233 wrote:Can I ask please, is it possible to reapply after being refused, with more documents? Or is it just a one chance application?
You can always re-apply.
Oh ok, thanks... Just checking my options incase I get refused too
![Sad :(](./images/smilies/icon_sad.gif)
-
kiss300
- Member of Standing
- Posts: 255
- Joined: Fri Mar 22, 2013 2:43 pm
- Location: United Kingdom
- Mood:
![Ghana Ghana](./ext/rmcgirr83/nationalflags/flags/gh.png)
Post
by kiss300 » Fri Apr 05, 2013 3:45 pm
kiss300 wrote:sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u
i need help with this. thank you
-
kofi75
- Member
- Posts: 176
- Joined: Sun Dec 23, 2012 6:59 pm
- Location: london
Post
by kofi75 » Fri Apr 05, 2013 4:52 pm
@kiss300,yeah that form is a DRF 1 forms.they send it to all Zambrano applicants
-
mam2
- Member
- Posts: 163
- Joined: Wed Jan 23, 2013 6:42 pm
Post
by mam2 » Fri Apr 05, 2013 5:14 pm
@labelle,
Can you private mail me your email address .
And Kofi75 too. Pls.
Last edited by
mam2 on Sat Apr 06, 2013 8:35 am, edited 1 time in total.
papa2
-
kofi75
- Member
- Posts: 176
- Joined: Sun Dec 23, 2012 6:59 pm
- Location: london
Post
by kofi75 » Fri Apr 05, 2013 5:20 pm
@mam2,i ve sent you my email ad
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Fri Apr 05, 2013 7:03 pm
kiss300 wrote:kiss300 wrote:sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u
i need help with this. thank you
Hi kiss 300,
Yes they did ask the 2 pictures and the new form as well. Hope it helps.
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.
-
labelle
- Junior Member
- Posts: 94
- Joined: Tue Sep 20, 2011 11:55 am
Post
by labelle » Fri Apr 05, 2013 7:04 pm
mam2 wrote:@labelle,
Can you private mail me your email address and I will send you some documents to help with your appeal.
And Kofi75 too. Oh, you have already sent yours.
Mam2 , check your pm , many thanks.
PEACE IS NOT THE ABSENCE OF TROUBLE BUT THE PRESENCE OF JESUS CHRIST.