Updates on Zambrano applications

kiss300 · Post by **kiss300** » Mon Apr 15, 2013 5:29 pm

has anything had their DRC

wiggsy · Post by **wiggsy** » Tue Apr 16, 2013 12:53 am

mikilo2008 wrote: Thanks wiggsy for your advice. I will keep hamering them. I got married on the 4th of april to an eu citizen.

erm....

MIKILO... EMAIL THEM RIGHT NOW AND INFORM THEM OF THE CHANGE IN CIRCS

Subject:

Re: IMPORTANT CHANGE OF CIRCS - HO REF: x / CASE ID: x

To:
LiverpoolEuro.PassportReturns@homeoffice.gsi.gov.uk; EREC@homeoffice.gsi.gov.uk;

Name
Address

Dear Sirs,

FAO: Senior Caseworker.

I am writing to you in regards to the application of myself: x

Royal Mail Package: x (Delivered on x) HO Ref: x and Case ID: x

I am writing to yourself today to update my EEA2 application with yourselves in light of the recent change of circumstances.

On [date] I got married to [name] and [nationality] citizen. As of this date I am excercising my rights under Directive 2004/38/EC.

My spose is in the uk doing: [job/?student?]

the details of this are: xxxx

I have scanned and attach the following:
his recent payslips / college letter [etc]
a copy of his passport
a copy of his proof of address in the form of [bank letter etc?]

his nino is: xxxxx

(and so on)

should further information be required to complete my EEA2 application as the spouse of an eu citizen, you can write to myself at my home address or reply by email,

yours:
xxxx

You no longer qualify for a DRC as you have a legal right to reside by other means of the EEA regulations.

After emailing also send a copy etc directly to EEA and remember to include in your application a covering letter requesting your passport is returned as soon as possible...

also put reference to the case, and remind the ukba that YOU are the legal owner of the document, and that they have no LEGAL right to withhold it from you.

Inform them that you require the document for identification purposes.

ALSO: I recommend getting your marriage certificate another copy...

also, to save hassle later - it would be wise to submit evidence of your subsiting relationship with this EEA... photos etc... proof of living together, and a detailed letter of how you met, and they do the same..

the burden of proof is on ukba to proove the relationship is not genuine! but why make things difficault for yourselves - they will only call you into their offices at a later date to do a meeting otherwise saying its a convenience marriage...

mikilo2008 · Post by **mikilo2008** » Tue Apr 16, 2013 1:17 am

Thanks wigsy, I never thought of it that way. The marriage is very genuine we have known each other since 1996. I have a child for him which is 4. He doesn't have any stay yet. My husband was living in Ireland and moved to uk last year. I planned applying for myself and my son which I had for my husband. The other British born my daughter was fom another rshp when me and my husband fell apart he got married in Ireland and left us so I had to move forward but the rshp didn't work either ways we had to come back together. He is doing some painting job to exercise his treaty right and we re trying to build up some documentation on that. Can I apply for my son now but I didn't made mention of him in th zambrano case. That's why I wanted to make a fresh application for both of us after getting my Drc. Please my forum members what do u think. Thanks

mam2 · Post by **mam2** » Tue Apr 16, 2013 1:28 am

@mikilo2008.
For me,you are much better applying for residence card as a spouse than DRC. Your son would be covered on EEA2 as family member. Did u include him in the DRC application? Get all the documents required for eea2 application and proceed with that. Cross reference your DRC documents with the eea2 one.
Just my thoughts.

wiggsy · Post by **wiggsy** » Tue Apr 16, 2013 1:49 am

kiss300 wrote:has anything had their DRC

there are numerous threads about refusal. a couple of people above mention success...

I myself keep chasing UKBA daily... - no luck yet, however, I am reassured that our case is going through "extensive enquiries" by rob whiteman's team...

mikilo2008 · Post by **mikilo2008** » Tue Apr 16, 2013 2:35 pm

mam2 wrote:@mikilo2008.
For me,you are much better applying for residence card as a spouse than DRC. Your son would be covered on EEA2 as family member. Did u include him in the DRC application? Get all the documents required for eea2 application and proceed with that. Cross reference your DRC documents with the eea2 one.
Just my thoughts.

No I didn't include him in the DRC application. Because when I applied in 2011 we didn't know how zambrano will be interpreted if it will cover other siblings of the British child.

mam2 · Post by **mam2** » Tue Apr 16, 2013 3:18 pm

Mikilo2008.
If you want to know the outcome of the DRC application before you apply for EEA2, then I would advice you push push push and push them to make a decision. Whatever it is. The sooner the better.
The benefits of Eea 2 far outweighs that of DRC so go for ithat. When they brought the new DRFI for yourself, you could have just photocopied and fill it for your son and add his pass port and birth cert. Anyway, maybe you didn't know then. I know someone who did that. No DRC issued yet, everyone is still waiting.
God help us.

evie233 · Post by **evie233** » Tue Apr 16, 2013 4:17 pm

Hello everyone, did anyone watch the programme on BBC 1 about immigration on Monday? Paranoma investigation I think? Well I am shocked to see how the ukba is planning to clear all the back logs, it just shows that mist people with genuine reasons to stay in the country might be refused, just because they need to meet a deadline.. ( I hope I am not breaking any rules though)..

mikilo2008 · Post by **mikilo2008** » Tue Apr 16, 2013 6:34 pm

Mam2, yes u are right I should have done that. Anyway I will still apply for an EU residence card for myself and my Son next month. I'm gathering all the documentation I dnt want to leave out anything so that they wouldn't have any excuse. I have being pushing ooh. I wrote to rob white on the 5th and his secetary replied on that same day I didn't check my mail properly I thought it was an automated reply that was sent twice. But I received another COA dated on the 9th. I wrote to rob white again today and this was the reply

Thank you for your further email to Rob Whiteman. As explained to you on 05 April, your email has been passed to the relevant caseworking team and they will respond to you directly. We recommend that you wait 20 working days for a response.

Regards

Sanaya Setna
Assistant Private Secretary to Rob Whiteman
Home Office.

I also sent another letter to my Mp yesterday explaining that my application has being with the home office since 2011 and a decision has not being
reached and that he should intervene. I also got this reply this morning

Hello

I have contacted the UK Border Agency and have been advised by the caseworker dealing with your case that you will receive a decision by the end of next week.

Regards.

So that's it will be waiting for their reply and see how things go from there.

kiss300 · Post by **kiss300** » Tue Apr 16, 2013 7:54 pm

@mikilo2008 AMD MAM2, i have writing to Rob white but no response so far. what do you fink i should do. ANY IDEAS PLEASE. I NEED HELP

mam2 · Post by **mam2** » Tue Apr 16, 2013 9:19 pm

Kiss300,
Email him again and again till you get a reply. You don't lose anything.

mikilo2008 · Post by **mikilo2008** » Tue Apr 16, 2013 10:12 pm

kiss300 wrote:@mikilo2008 AMD MAM2, i have writing to Rob white but no response so far. what do you fink i should do. ANY IDEAS PLEASE. I NEED HELP

I also advice you keep mailing them. Em phasing that you have sent numerous mails without a response. I will also advice u send an e mail to your Mp explaining the challenges you have with them and that they seem to be ignoring your mail and that he should please intervene.

wiggsy · Post by **wiggsy** » Tue Apr 16, 2013 11:08 pm

mam2 wrote:Kiss300,
Email him again and again till you get a reply. You don't lose anything.

my sentiments exactly!!!!

also, find out your local mp's email address, and send them a message outlining your complaint(s?)...

then EVERY email you send in relation to your case, CC your mp into it...

- Ive been doing this for the last three months...my mp doesnt really do anything with the CC's, just files them, but when it came to a higher complaint, their already on file with him, so i needed send them again... (hopefully people dont have to go too far... but chances are...)

wiggsy · Post by **wiggsy** » Wed Apr 17, 2013 12:39 am

mam2 wrote:Kiss300,
Email him again and again till you get a reply. You don't lose anything.

perhaps an hour or so a day... but its fun thinking of what to include in todays email

- theres always something to include...

mam2 · Post by **mam2** » Wed Apr 17, 2013 12:46 am

wiggsy wrote:
mam2 wrote:Kiss300,
Email him again and again till you get a reply. You don't lose anything.
perhaps an hour or so a day... but its fun thinking of what to include in todays email - theres always something to include...

He he he.

GLH2012 · Post by **GLH2012** » Wed Apr 17, 2013 12:56 am

mam2 wrote:Mikilo2008.
If you want to know the outcome of the DRC application before you apply for EEA2, then I would advice you push push push and push them to make a decision. Whatever it is. The sooner the better.
The benefits of Eea 2 far outweighs that of DRC so go for ithat. When they brought the new DRFI for yourself, you could have just photocopied and fill it for your son and add his pass port and birth cert. Anyway, maybe you didn't know then. I know someone who did that. No DRC issued yet, everyone is still waiting.
God help us.

Hi Mikilo2008, congrats on your marriage. I agree with mam2, i think you should apply for Residence card, it's more beneficial presently. But i was wondering why your son could not gain citizenship of his dad automatically. Anyways including him in your EEA 2 application would be ideal.

mam2 · Post by **mam2** » Wed Apr 17, 2013 1:05 am

It's possible that the child's dad might have acquired his citizen after his birth so he cannot automatically gain his dad's citizenship. EEA2 will cut the whole story and journey short.

GLH2012 · Post by **GLH2012** » Wed Apr 17, 2013 1:07 am

Omonilollyjoor wrote:Hi everyone, I have been following all post related to Zambrano on this forum and come to realised some facts that many application that has been refused are due to the fact that applicant has made mention of another person as partner, living together,
When Zambrano came out it says we should present three things

Evidence of that the child is a British citizen which I believe should be the child's passport.
Evidence of ur relationship with the child, which also should be the child full birth certificate showing ur name and that of the child, including ur nationality.
Evidence of the level of dependent the British citizen has on you, other related document that has to show only ur name and that of the child or where u are been addressed as the "carer of".

The scope says the application can only be granted where there is no other person to look after the child in the uk, 2 friends that applied as single mothers has been granted DRC because her application was based on herself and the child alone.

In some cases where spouse are involved and some reasons why they can considered them is if the partner who is British is in prison, severely disabled, he is living in a care setting etc. pls pls go and read the scope of Zambrano once again

We have so many rubbish lawyers out there who want to get money out us because they ve seen our frustration and desperation to get our papers. My friends did there application without the help of a lawyer, they just follow instruction on the Internet. This is just an advice. Thank you

@Omonilollyjoor, nice to know that 2 friends got their DRC. Can you please elaborate on their circumstances and when where they issued with DRC please. Some glimmer of hope.... One was becoming more depressed and disillusioned. God please help us!

GLH2012 · Post by **GLH2012** » Wed Apr 17, 2013 1:09 am

mam2 wrote:It's possible that the child's dad might have acquired his citizen after his birth so he cannot automatically gain his dad's citizenship. EEA2 will cut the whole story and journey short.

You are right on point!

mam2 · Post by **mam2** » Wed Apr 17, 2013 1:12 am

GLH2012
Whats your update now? Have you heard anything?

GLH2012 · Post by **GLH2012** » Wed Apr 17, 2013 1:21 am

@mam2, I haven't heard a thing, and i requested for my son's passport back to have it renewed as well but nothing. But moving forward i think i will have to email Rob Whiteman as most people have done and contact my MP. I have been going through so much i needed to cool my head before i loose it

mam2 · Post by **mam2** » Wed Apr 17, 2013 1:27 am

Have you been able to find a job with your COA? Sometimes when you are allowd to work and you are working,it takes your mind of the wait for a while. It reduces the stress kind of.

GLH2012 · Post by **GLH2012** » Wed Apr 17, 2013 1:37 am

Work is exactly what i need, but because of the delay in issuing me a replacement COA, i could not secure the job i got as they later on changed their minds about accepting the COA when it finally arrived. I have not been able to get another work yet.

mikilo2008 · Post by **mikilo2008** » Wed Apr 17, 2013 10:15 am

mam2 wrote:It's possible that the child's dad might have acquired his citizen after his birth so he cannot automatically gain his dad's citizenship. EEA2 will cut the whole story and journey short.

That's very correct, he got his Irish passport in 2012 my son was born in 2008 GLH2012,
we have being on this together since 2011 we applied almost the same time and have being comparing notes. I advice u push as well. Write like everyone has done and let's see what they will have to say. Good luck to us all

kiss300 · Post by **kiss300** » Wed Apr 17, 2013 10:23 am

@mam2 and mikilo2008, i finally got a reply that they are talking to the case worker who will contact me ones the case is completed.
but i feel it is an automated message that they send to anyone who constantly write to them. what do you guys thinks?

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