Updates on Zambrano applications

progeny5kay · Post by **progeny5kay** » Wed May 22, 2013 12:04 pm

mam2 wrote:Progenykay,
English test is needed for citizenship not for DLR. I will advise to seek advice from a solicitor and you can do the rest yourself. Yours will be different from ours as your partner is British. For parent of a British child,one parent has to be settled.

Marina4,
Double check what you want to apply for as the fees are high and you don't want it to go waste. With FLR(O) EX1 I don't think there is any financial requirement. I will check again myself as I'm not very sure.

Hi I mean English proficiency test will i need this?

sarahassy · Post by **sarahassy** » Wed May 22, 2013 1:33 pm

mam2 wrote:Sarahassy, pls check your PM. Thanks.

plse mam2 there is nothing in my pm.

mam2 · Post by **mam2** » Wed May 22, 2013 3:05 pm

Sorry sarahassy,pls check again.

mam2 · Post by **mam2** » Wed May 22, 2013 3:08 pm

Progeny5kay,
No,you do not need English proficiency for DLR.

progeny5kay · Post by **progeny5kay** » Wed May 22, 2013 3:29 pm

mam2 wrote:Progeny5kay,
No,you do not need English proficiency for DLR.

Thank you mam2 for your input I appreciate it

sarahassy · Post by **sarahassy** » Wed May 22, 2013 5:28 pm

mam2 wrote:Progeny5kay,
No,you do not need English proficiency for DLR.

Ineed help from people who got their DRC through the court(appeal)

marina4 · Post by **marina4** » Wed May 22, 2013 5:58 pm

Thanks Guys !
I went to see my solicitor today, and he sill maintained that i cannot have the appeal on and also put in for article 8/parent of a british child/ex1 , saying this would not make sense and the judge at the appeal might decide that the appeal cannot continue until we get the outcome of the new application . He is charging 750 for the appeal application and 1500 to appear in court.
thanks

mam2 · Post by **mam2** » Wed May 22, 2013 7:16 pm

sarahassy wrote:
mam2 wrote:Progeny5kay,
No,you do not need English proficiency for DLR.
Ineed help from people who got their DRC through the court(appeal)

I think Nat1979 will be very helpful with this. She had hers through an appeal.

kofi75 · Post by **kofi75** » Wed May 22, 2013 9:22 pm

mam2 wrote:Marina4
From my understanding, you will be better off applying for EX1. If you think it will cost you that much. The problem is when appeal is allowed and you are still not able to provide the evidence, you might end up paying the home office their costs too. You can proceed with the article 8 and appeal as well. If you get your DLR before the appeal,just withdraw the appeal.
My thoughts.

Why are you all talking about applying for EX1?Dont forget when you are refused DLR,you dont have a right of appeal and have t go through judicial review to be able to challenge the decision.Whereas Zambrano gives you a right of appeal to overturn the decision and also put up an article 8 appeal for the price of one.Your appeal is therefore on 2 grounds,the Zambrano refusal and the Article 8.You dont pay for any costs of the HO when you lose.You also get your appeal fees back when you win.You only pay cost of HO in Judicial review when you lose after a refusal in Ex1.So you cant go wrong with an appeal because when you win on any of the grounds,you get the first 2.5yrs for free on Article 8
People are praying to get removal notice just to get access to the tribunal to put the claim for family life.Please sisters,this a great opportunity to regularise your status so dont miss it.The tribunal is the place to put up all the injustice of the HO we all have been complaining all these months

kofi75 · Post by **kofi75** » Wed May 22, 2013 10:18 pm

marina4 wrote:Thanks Guys !
I went to see my solicitor today, and he sill maintained that i cannot have the appeal on and also put in for article 8/parent of a british child/ex1 , saying this would not make sense and the judge at the appeal might decide that the appeal cannot continue until we get the outcome of the new application . He is charging 750 for the appeal application and 1500 to appear in court.
thanks

This is too dear,I personally will not pay more than 600 for a solicitor's service.A little bit of research and you will be able to present your case at court.You need the relevant Articles to argue the best interest of a child and caselaws on cases thathave been allowed by a higher court on Zambrano.I will not advise you to pay this much for just an appeal

mam2 · Post by **mam2** » Thu May 23, 2013 12:34 am

Kofi75
I'm more confused now. I haven't heard anything yet but I agree with you,they ask some people to leave and others they don't. Could this be tactical? If you are asked to leave,then article 8 right gets stronger. I will wait for the outcome of my zambrano.
Thanks for your advice.

sarahassy · Post by **sarahassy** » Thu May 23, 2013 9:06 am

kofi75 wrote:
marina4 wrote:Thanks Guys !
I went to see my solicitor today, and he sill maintained that i cannot have the appeal on and also put in for article 8/parent of a british child/ex1 , saying this would not make sense and the judge at the appeal might decide that the appeal cannot continue until we get the outcome of the new application . He is charging 750 for the appeal application and 1500 to appear in court.
thanks
This is too dear,I personally will not pay more than 600 for a solicitor's service.A little bit of research and you will be able to present your case at court.You need the relevant Articles to argue the best interest of a child and caselaws on cases thathave been allowed by a higher court on Zambrano.I will not advise you to pay this much for just an appeal

kofi have you been to court or you still waiting?

marina4 · Post by **marina4** » Thu May 23, 2013 10:50 am

Hello All!
GLH2012 and Kofi75,
kindly check, i have sent YOU guys a PM.
THANKS

mam2 · Post by **mam2** » Thu May 23, 2013 6:42 pm

Progeny5kay,
Regarding the English proficiency test, I've read they said its required but according my solicitor,they have never included any such in EX1 applications yet they are always successful.
Which one did you want to apply? 10yr family route,private life or family life for parent of a British child?

progeny5kay · Post by **progeny5kay** » Thu May 23, 2013 8:32 pm

mam2 wrote:Progeny5kay,
Regarding the English proficiency test, I've read they said its required but according my solicitor,they have never included any such in EX1 applications yet they are always successful.
Which one did you want to apply? 10yr family route,private life or family life for parent of a British child?

To be honest am a bit confused but I think i really need to look at all the differences are between these options first before starting but i think i will be applying for the private life supporting my argument with my partner and my 2 children and also I have asked prince74 if he did a test but he said he didn't I don't know if you have any advice on this

progeny5kay · Post by **progeny5kay** » Thu May 23, 2013 8:36 pm

mam2 wrote:Progeny5kay,
Regarding the English proficiency test, I've read they said its required but according my solicitor,they have never included any such in EX1 applications yet they are always successful.
Which one did you want to apply? 10yr family route,private life or family life for parent of a British child?

mam2 I have also sent UKBA pre action protocol letter hoping to get right of appeal or judicial review on my Zambrano, so they need to reply me within 14 days so i am waiting for what they have got to say

kofi75 · Post by **kofi75** » Thu May 23, 2013 8:58 pm

sarahassy wrote:
kofi75 wrote:
marina4 wrote:Thanks Guys !
I went to see my solicitor today, and he sill maintained that i cannot have the appeal on and also put in for article 8/parent of a british child/ex1 , saying this would not make sense and the judge at the appeal might decide that the appeal cannot continue until we get the outcome of the new application . He is charging 750 for the appeal application and 1500 to appear in court.
thanks
This is too dear,I personally will not pay more than 600 for a solicitor's service.A little bit of research and you will be able to present your case at court.You need the relevant Articles to argue the best interest of a child and caselaws on cases thathave been allowed by a higher court on Zambrano.I will not advise you to pay this much for just an appeal
kofi have you been to court or you still waiting?

I am due court in July

kofi75 · Post by **kofi75** » Thu May 23, 2013 9:02 pm

marina4 wrote:Hello All!
GLH2012 and Kofi75,
kindly check, i have sent YOU guys a PM.
THANKS

sent you a pm

wiggsy · Post by **wiggsy** » Fri May 24, 2013 4:20 am

DLR it seems is STILL not guarenteed for the parent of a british child....

It appears East579's partner's application was refused too...
http://www.immigrationboards.com/viewto ... c&start=57

mam2 · Post by **mam2** » Fri May 24, 2013 2:13 pm

Hi All,
I'm happy to say that the long waiting for my DRC is over. I've finally received the long awaited refusal of our zambrano application. No threat to leave the UK as I already had a stay in my passport.so was my other child included. My partner was however not given right of appeal as he does not qualify as a primary carer(apparently).
They advised we apply for EX1. Will see what my solicitor says and update you all.
Reasons for refusal: I failed to submit evidence why my childs British father can not look after his child.
All our passports were returned except my partner's which was detained. Because of my partner having no right of appeal, I might not appeal but will apply for EX1 to include him. Our first child is 7yrs in addition to my British child.

kofi75 · Post by **kofi75** » Fri May 24, 2013 7:58 pm

mam2 wrote:Hi All,
I'm happy to say that the long waiting for my DRC is over. I've finally received the long awaited refusal of our zambrano application. No threat to leave the UK as I already had a stay in my passport.so was my other child included. My partner was however not given right of appeal as he does not qualify as a primary carer(apparently).
They advised we apply for EX1. Will see what my solicitor says and update you all.
Reasons for refusal: I failed to submit evidence why my childs British father can not look after his child.
All our passports were returned except my partner's which was detained. Because of my partner having no right of appeal, I might not appeal but will apply for EX1 to include him. Our first child is 7yrs in addition to my British child.

sent you an email anda pm

kiss300 · Post by **kiss300** » Mon May 27, 2013 10:06 am

hi guys, so i sent my appeal on the 3rd of may, 2013 and as at now i have not heard anything. the appeal fee has not been taken from my account, nothing has been heard so would like to know how long it takes before the money is taken from the account and when do i get a hearing date?
HELP

wiggsy · Post by **wiggsy** » Tue May 28, 2013 1:41 pm

mam2 wrote:Hi All,
I'm happy to say that the long waiting for my DRC is over.I've finally received the long awaited refusal of our zambrano application. No threat to leave the UK as I already had a stay in my passport.so was my other child included. My partner was however not given right of appeal as he does not qualify as a primary carer(apparently).
They advised we apply for EX1. Will see what my solicitor says and update you all.
Reasons for refusal: I failed to submit evidence why my childs British father can not look after his child.
All our passports were returned except my partner's which was detained. Because of my partner having no right of appeal, I might not appeal but will apply for EX1 to include him. Our first child is 7yrs in addition to my British child.

We are all just waiting for the refusal...

Shamefully, the actual number of appeal success could be higher if everybody did infact appeal when given the chance... (i'd be amazed if the appeals sucess had truely gone down since UKBA was dismembered).

https://www.whatdotheyknow.com/request/ ... ing-392550

It appears that if your Ex.1 application fails then Judicial Review is possible due to the Sec of State not excersising her power of discretion in accordance with published policies?

Choc-Ice · Post by **Choc-Ice** » Tue May 28, 2013 7:06 pm

kiss300 wrote:hi guys, so i sent my appeal on the 3rd of may, 2013 and as at now i have not heard anything. the appeal fee has not been taken from my account, nothing has been heard so would like to know how long it takes before the money is taken from the account and when do i get a hearing date?
HELP

There is a massive backlog at the AIT.. Your fee will be deducted around 7-14days, dont worry. They're fixing dates for appeal from 2nd week of April! I know this because I spoke to someone who works there and I am currently waiting for a hearing date!

kiss300 · Post by **kiss300** » Fri May 31, 2013 5:09 pm

whats is new pple? is like there is know one here anymore. uk border has broken your borns lol

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Updates on Zambrano applications