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Please Urgent Advice... Solicitor doing my head in!!!

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

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ywright
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Posts: 7
Joined: Tue Jun 18, 2013 10:22 pm

Please Urgent Advice... Solicitor doing my head in!!!

Post by ywright » Sat Jun 22, 2013 1:34 am

Hello all,
Pls, i will like you to give me your opinion on my situation... I am a single mum still on a post study visa. my baby father is married to another woman but he got british passport for my child. I went to see a solicitor and he said I should not do flr(o) as i will be refused because I have just done 3 years in the country. He said the Zambrano route is the best but all that I have read on the Zambrano route is not encouraging at all. It is very unfortunate that I have paid the solicitor half of his fees before i realised he will use zambrano route. Do I have a better chance as a single mum of a british child using the FLR(O)? The solicitor has confused me more and he said (authoritatively) that he is very sure the application will be refused if i do flr(o).
Pls, what do you think is my best chance before my visa runs out in mid August? Thanking you for your anticipated assistance and I wish you the best with your applications.

kofi75
Member
Posts: 176
Joined: Sun Dec 23, 2012 6:59 pm
Location: london

Re: Please Urgent Advice... Solicitor doing my head in!!!

Post by kofi75 » Sat Jun 22, 2013 8:04 am

ywright wrote:Hello all,
Pls, i will like you to give me your opinion on my situation... I am a single mum still on a post study visa. my baby father is married to another woman but he got british passport for my child. I went to see a solicitor and he said I should not do flr(o) as i will be refused because I have just done 3 years in the country. He said the Zambrano route is the best but all that I have read on the Zambrano route is not encouraging at all. It is very unfortunate that I have paid the solicitor half of his fees before i realised he will use zambrano route. Do I have a better chance as a single mum of a british child using the FLR(O)? The solicitor has confused me more and he said (authoritatively) that he is very sure the application will be refused if i do flr(o).
Pls, what do you think is my best chance before my visa runs out in mid August? Thanking you for your anticipated assistance and I wish you the best with your applications.
I have answered this query on the Zambrano forum.You can apply for both simultaneously but put in the FLR(O) first to avoid your LTR running out then the Zambrano which is a confirmation of a right you already have under Community Law referencing your passport is with them already.Hope this helps

ywright
Newly Registered
Posts: 7
Joined: Tue Jun 18, 2013 10:22 pm

Post by ywright » Sat Jun 22, 2013 8:25 am

thank you for the quick response and I'll check the other thread. I'm much relieved now. :)

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Jun 23, 2013 9:10 pm

You can still apply for FLR (O) under the parent section.

The fact that you have lived in the UK for a relatively short time should have no impact on your application.

In fact i am of the view that a Zambrano application may be slightly difficult, given the fact that the father of the British Child is actually in the UK.

I believe that is a legally flawed basis to refuse, but if this goes to court, it is likely to be struck, as it is clearly unreasonable.
Smooth seas do not make skilful sailors

ywright
Newly Registered
Posts: 7
Joined: Tue Jun 18, 2013 10:22 pm

Post by ywright » Mon Jun 24, 2013 11:17 am

Obie wrote:You can still apply for FLR (O) under the parent section.

The fact that you have lived in the UK for a relatively short time should have no impact on your application.

In fact i am of the view that a Zambrano application may be slightly difficult, given the fact that the father of the British Child is actually in the UK.

I believe that is a legally flawed basis to refuse, but if this goes to court, it is likely to be struck, as it is clearly unreasonable.

thanks Obie.

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