Updates on Zambrano applications

wiggsy · Post by **wiggsy** » Sun Jun 23, 2013 12:04 am

I'm sure we're all aware of the fact "the little things matter"...
.... thing of the parent as the feather...

http://www.facebook.com/video/embed?vid ... 9451307596

bos.80 · Post by **bos.80** » Sun Jun 23, 2013 11:51 am

Ugofify wrote:Thanks to God I just received my residence card under zambrano today

@Ugofify... Congrats! (':D')

did they state ''No recourse to Public funds in the 5year residence stamp given you''? pls reply

Ugofify · Post by **Ugofify** » Sun Jun 23, 2013 10:21 pm

Am so sorry my reply is coming a little bit late cos I have been busy. No recourse to public fund is not written on my DRC.

wiggsy · Post by **wiggsy** » Mon Jun 24, 2013 12:48 am

a drc will not state no recourse... however, (i think its DMG 38/12) guidance states a person with only a Derivative right of residence will legally not satisfy the "habitual residence" test...

- which is obviously open to appeal, and if that fails, JR.

kiss300 · Post by **kiss300** » Mon Jun 24, 2013 2:50 pm

so i got my hearing date and its on the 18th of November 2013. this is just too far. what should i do? can i apply the article 8 while waiting for the date or can i do the flr(o) or can i do the zambrano again? i really need help since i want to work.

kiss300 · Post by **kiss300** » Mon Jun 24, 2013 6:15 pm

guys i will urge you to apply for the article 8 because it is the fastest. A close friend of mine applied the article 8 ending of April and got her visa today 24th
june. which means it took her 2 months to get her decision. she called me and told me. i am going there.

GLH2012 · Post by **GLH2012** » Tue Jun 25, 2013 12:34 am

kiss300 wrote:guys i will urge you to apply for the article 8 because it is the fastest. A close friend of mine applied the article 8 ending of April and got her visa today 24th
june. which means it took her 2 months to get her decision. she called me and told me. i am going there.

I think it's quicker this period as the HO are trying to clear back log. Some people at the FLR(O) forum got theirs within a month of applying. Probably a different team are treating the new applications.
@ kisss300, can you tell us about your friend's circumstances and what documents she submitted please if you don't mind my asking. Thanks in advance.

marina4 · Post by **marina4** » Tue Jun 25, 2013 7:22 am

hi all!
GLH2012...So sorry to hear about your loss, may her soul rest in perfect peace.

I would like someone to pls clearify this to me, cause its like different views are been aired regarding article 8 appliaction.

My zambrano was refused with appeal right, which i have already done thru my solicitor., date yet to be given.

My solicitor has always insisted that , i cannot have two application at the same time to the HO, when i suggested applying for aricle 8 as well.

MY QUESTION :Could anyone pls confirm if this is allow and what DOCUMENTS do i really need for this application(article8) as all my ZAMBRANO DOCUMENTS were returned to me except my expired PASSPORT.
thanks

gurudevdutt12 · Post by **gurudevdutt12** » Tue Jun 25, 2013 10:24 am

Is that true that there are two sets of caseworker one is for new or recent applications and one for old applications....????I have applied in this february and received CAO but not heard anything from them....today is already four months....

....

honeybay1 · Post by **honeybay1** » Tue Jun 25, 2013 12:13 pm

my zambrano application was refused with right to appeal and my solicitor has put in the appeal,what am concern about is the date for hearing.my lawyer has promise to argue my zambrano case with article 8 with all evidences that i take part in my daughter upbringing. FINGER CROSSED that i will win the appeal.i was thinking that,if the hearing date is more than august or september this year,i will not mind putting article 8 application together with it.

can someone advice me on this pleaseee.

kiss300 · Post by **kiss300** » Tue Jun 25, 2013 2:05 pm

gurudevdutt12 wrote:Is that true that there are two sets of caseworker one is for new or recent applications and one for old applications....????I have applied in this february and received CAO but not heard anything from them....today is already four months.... ....

dont worry. i dont fink so. they all work together. but i fink u shd have done the article 8 instead. the article 8 is almost the same as zambrano just that you have to pay for the application fee for art.8 and Zamb. is free. Art.8 will come when decision is finished and with zambrano you get ur COA within days but decisions may take yrs.

so chose which one you want. weigh it and make ur decision

Ay-es · Post by **Ay-es** » Tue Jun 25, 2013 11:50 pm

i applied on human rights as well as Zambrano Case.Today I got the decision.I am a single parent with British Child.I have been given 2.5 years visa that means 10 years route.
Can I challenge this decision as it says no Recourse to Public Fund.Secondly
I applied in April 2012 while the changes came into force after that.Should I have been considered with the Old rules which allow you right to benefits and shorter route to PR.

Best of Luck all of you waiting for the outcome.

Your comments and questions will be helpful

Thanks

sedor21 · Post by **sedor21** » Wed Jun 26, 2013 5:44 am

Ay-es wrote:i applied on human rights as well as Zambrano Case.Today I got the decision.I am a single parent with British Child.I have been given 2.5 years visa that means 10 years route.
Can I challenge this decision as it says no Recourse to Public Fund.Secondly
I applied in April 2012 while the changes came into force after that.Should I have been considered with the Old rules which allow you right to benefits and shorter route to PR.

Best of Luck all of you waiting for the outcome.

Your comments and questions will be helpful

Thanks

Can you use the 2.5 yrs to marry a Bc with in the 2.5yrs just to change your status. and apply for FLR(M)

Babz · Post by **Babz** » Wed Jun 26, 2013 7:15 am

sedor21 wrote:
Ay-es wrote:i applied on human rights as well as Zambrano Case.Today I got the decision.I am a single parent with British Child.I have been given 2.5 years visa that means 10 years route.
Can I challenge this decision as it says no Recourse to Public Fund.Secondly
I applied in April 2012 while the changes came into force after that.Should I have been considered with the Old rules which allow you right to benefits and shorter route to PR.

Best of Luck all of you waiting for the outcome.

Your comments and questions will be helpful

Thanks
Can you use the 2.5 yrs to marry a Bc with in the 2.5yrs just to change your status. and apply for FLR(M)

Why not?You are free as a bird

GLH2012 · Post by **GLH2012** » Wed Jun 26, 2013 4:46 pm

Ay-es wrote:i applied on human rights as well as Zambrano Case.Today I got the decision.I am a single parent with British Child.I have been given 2.5 years visa that means 10 years route.
Can I challenge this decision as it says no Recourse to Public Fund.Secondly
I applied in April 2012 while the changes came into force after that.Should I have been considered with the Old rules which allow you right to benefits and shorter route to PR.

Best of Luck all of you waiting for the outcome.

Your comments and questions will be helpful

Thanks

Congrats, i really don't know why but it seems HO are using the new rules for old applications. It may be worth trying to challenge it but it seems most people are relieved by being given LTR that they just don't care.

Ay-es · Post by **Ay-es** » Wed Jun 26, 2013 9:33 pm

Thanks

GLH2012

Going to see my solicitor on Friday and then I ll update what I am going to do.But for sure i am going to challenge the decision.

By doing this HO is just forcing people leave the country; depriving people of their fundamental rights.

As a single parent and looking after a baby its impossible to meet all the living and other expenses when You cant work.

Wish you guys Good Luck !!!!!!!!

wiggsy · Post by **wiggsy** » Thu Jun 27, 2013 12:01 am

and heres the good news guys...

(NOTICE THE URL... this information is not on the UKBA website, but the old, defunct IND website... tsk tsk...)

A short extract from a reply from Rob Whitemans secetary

Waiving the fee on human rights applications

As you stated, it is possible to be exempted from having to pay a fee for a human rights based application. This can be done using Appendix 1 to Form FLR(O), available here: http://www.ind.homeoffice.gov.uk/siteco ... /flr/flro1

note: is anybody here lving off a credit card, with rising debt... and not spending money on non-essentials... if so, i'd say you fail to meet your basic living costs...

(Im guessing the Pre Action Protocol letter started to get them moving on responding...)

kiss300 · Post by **kiss300** » Thu Jun 27, 2013 1:10 pm

Why not?You are free as a bird
_________________
App sent:04/02/13
Received:05/02/13
COA received:11/03/13(dated 05/02/13)
RC:Refused 6/04/13(with right of appeal)
Reconsideration Request:23/04/13
Appealed(Paper):24/04/13; (Paid on 15/5/13)
Re-applied: 24/05/13

In God I trust
@ BABZ, HAVE YOU REAPPLY THE ZAMBRANO OR THE ARTICLE 8

Babz · Post by **Babz** » Thu Jun 27, 2013 1:58 pm

kiss300 wrote:Why not?You are free as a bird
_________________
App sent:04/02/13
Received:05/02/13
COA received:11/03/13(dated 05/02/13)
RC:Refused 6/04/13(with right of appeal)
Reconsideration Request:23/04/13
Appealed(Paper):24/04/13; (Paid on 15/5/13)
Re-applied: 24/05/13

In God I trust
@ BABZ, HAVE YOU REAPPLY THE ZAMBRANO OR THE ARTICLE 8

EEA2

wiggsy · Post by **wiggsy** » Fri Jun 28, 2013 1:32 am

Babz wrote:
kiss300 wrote:Why not?You are free as a bird
_________________
App sent:04/02/13
Received:05/02/13
COA received:11/03/13(dated 05/02/13)
RC:Refused 6/04/13(with right of appeal)
Reconsideration Request:23/04/13
Appealed(Paper):24/04/13; (Paid on 15/5/13)
Re-applied: 24/05/13

In God I trust
@ BABZ, HAVE YOU REAPPLY THE ZAMBRANO OR THE ARTICLE 8
EEA2

kiss... attempt the Art 8 with the appendix 1 form too... forget about NRPF for now, once its done and dusted thats down to JR to sort out etc

evie233 · Post by **evie233** » Sat Jun 29, 2013 7:34 pm

wiggsy wrote:and heres the good news guys...

(NOTICE THE URL... this information is not on the UKBA website, but the old, defunct IND website... tsk tsk...)

A short extract from a reply from Rob Whitemans secetary
Waiving the fee on human rights applications

As you stated, it is possible to be exempted from having to pay a fee for a human rights based application. This can be done using Appendix 1 to Form FLR(O), available here: http://www.ind.homeoffice.gov.uk/siteco ... /flr/flro1

note: is anybody here lving off a credit card, with rising debt... and not spending money on non-essentials... if so, i'd say you fail to meet your basic living costs...

(Im guessing the Pre Action Protocol letter started to get them moving on responding...)

Wiggsy, thank you so much for this information.. May God bless you..at least this would help with my article 8 application if DRC doesn't work out... Thanks ...

wiggsy · Post by **wiggsy** » Sat Jun 29, 2013 7:38 pm

evie233 wrote: Wiggsy, thank you so much for this information.. May God bless you..at least this would help with my article 8 application if DRC doesn't work out... Thanks ...

no problem...

My wife's waiting for passport from Irish embassy, and we are thinking about applying (knowing we dont meet our "basic living costs"...)
Every govt seams to take the mick when it comes to visa's...

ALTHOUGH, we do plan to appeal any decision given by the home office in relation to DRC / EEA2 etc...

evie233 · Post by **evie233** » Sat Jun 29, 2013 8:24 pm

wiggsy wrote:
evie233 wrote: Wiggsy, thank you so much for this information.. May God bless you..at least this would help with my article 8 application if DRC doesn't work out... Thanks ...
no problem...

My wife's waiting for passport from Irish embassy, and we are thinking about applying (knowing we dont meet our "basic living costs"...)
Every govt seams to take the mick when it comes to visa's...

ALTHOUGH, we do plan to appeal any decision given by the home office in relation to DRC / EEA2 etc...

I doubt your wife will be refused, you even know more than my lawyer.

wiggsy · Post by **wiggsy** » Sat Jun 29, 2013 9:28 pm

well, im hoping it doesnt come to it... but my wife has been refused on article 8 before citing that myself and our daughter can continue our family life with her in indonesia... however, its clear now that the IDI's state that was against the Zambrano Ruling (which BTW: didnt change the law, it simply clarified an existing law)

dalebutt · Post by **dalebutt** » Sun Jun 30, 2013 7:41 am

Wigsy, how is the Irish embassy handling of your wife's visa application? Given the fact that she does not possess a valid residence permit in the UK, will the application be sent to Dublin for a decision or it's being processed in London? Good luck.

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