Updates on Zambrano applications

[wiggsy]

Yeah, some people even get replies within a month, and am still waiting..

help guys everyone is talking about single parents are in a good position to get the flr(o) but in my case i am still with my partner, we got married here with the coa. can i applied for the marriage visa or flo while waitng for my zambrano appeal date...pls help

look for flr(m) If you have apartner

If your partner is british/has ILR ETC, I would consider your options very carefully... There are lots of cases of refusal on the basis that the british partner can still care for the children.

If our zambrano/etc application fails, we will be following Singh (I'm British ) via Ireland. Still waiting for them to take the appeal fee. The package arrived weeks ago.

Actually met up with one of my wife's friend's husbands who lives down the road from us. We are considering going to Ireland together (His Wife is in Indonesia stuck because her Solicitor advised her to go home to not overstay, and then they refused the visa all the same!)

[kiss300]

@wiggey it means one can have both the leave to remain and the zambrano all together right? According to what I have read.

[wiggsy]

but zambrano will not give u indefinite stay so just fink about it.

That is open to legal challenge on the basis of Discrimination...

[wiggsy]

@wiggey it means one can have both the leave to remain and the zambrano all together right? According to what I have read.

Exactly. You can apply for both, and hold BOTH *RC's/Visa's at the same time.

Note that a settled person cannot qualify for Derivative RC as the "rules"/legislation doesnt allow it (Qualified person).

[evie233]

Welcome back wiggsy, how is your wife's application going? Have you moved? And have you heard anything from Kofi?

[wiggsy]

Welcome back wiggsy, how is your wife's application going? Have you moved? And have you heard anything from Kofi?

I've not been anywhere, just been rather busy with other stuff (Work/Helping wife set up her business ETC).

I've heard nothing from Kofi, I am keen to know how their case went. We haven't moved yet on the sole basis of the following:

1) If we do singh now, my wife will not be elegible for a DRC and therefore our appeal will fail.
2) We are going to try our luck on the basis of Reg 9 via cross border work.
3) We have a pending Income Support appeal from november where they refused to pay the couples rate for my wife. (claiming she is "subject to immigration control" and has no "leave to remain" ETC)

the IS appeal is looking at 17 weeks time (the DWP finally sent the papers off last week - they have been looking into changing the decision since april... ) - kind of a disgrace that a British Citizen can't claim the Income Support topup but an EEA National can (note: A British Citizen IS an EEA National for ALL purposes EXCEPT the Directive)

[evie233]

Welcome back wiggsy, how is your wife's application going? Have you moved? And have you heard anything from Kofi?

I've not been anywhere, just been rather busy with other stuff (Work/Helping wife set up her business ETC).

I've heard nothing from Kofi, I am keen to know how their case went. We haven't moved yet on the sole basis of the following:

1) If we do singh now, my wife will not be elegible for a DRC and therefore our appeal will fail.
2) We are going to try our luck on the basis of Reg 9 via cross border work.
3) We have a pending Income Support appeal from november where
they refused to pay the couples rate for my wife. (claiming she is "subject to immigration control" and has no "leave to remain" ETC)

the IS appeal is looking at 17 weeks time (the DWP finally sent the papers off last week - they have been looking into changing the decision since april... ) - kind of a disgrace that a British Citizen can't claim the Income Support topup but an EEA National can (note: A British Citizen IS an EEA National for ALL purposes EXCEPT the Directive)

Oh OK..you are really doing a lot, if only I had someone do all these for me, I won't have to worry this much lol... She is one lucky woman..

[Rammie20]

Hello everyone I have been following this forum. I was refused a zambrano application and now want to make an article 8. I went to citizen advice center for help but they claim they cannot help me with a new application whiles I have an appeal pending so am left on my own now. Pls how do I explain my financial situation on the form as am not working and they dont accept 3rd party sponsership but my ex channels the child tax credits to my accounts. Will I be deemed as receiving benefits? Thanks for your help

[wiggsy]

Oh OK..you are really doing a lot, if only I had someone do all these for me, I won't have to worry this much lol... She is one lucky woman..

We'll see how lucky she is when it gets to the appeal...

Hello everyone I have been following this forum. I was refused a zambrano application and now want to make an article 8. I went to citizen advice center for help but they claim they cannot help me with a new application whiles I have an appeal pending so am left on my own now. Pls how do I explain my financial situation on the form as am not working and they dont accept 3rd party sponsership but my ex channels the child tax credits to my accounts. Will I be deemed as receiving benefits? Thanks for your help

I'm not a lawyer, so i really am not sure on how your situation is with regards to tax credits. Perhaps John could help you on that (There is a massive thread RE: Tax credits on the Claiming Benefits forum). If your a couple you can claim as a couple, but from what your saying I gather (assume):

Your the Primary carer, the child lives with you, and your ex claims tax credits as a single parent and will therefore get working tax credits ETC too (at a couples rate)?

Does the child live with your ex at all?
http://www.hmrc.gov.uk/taxcredits/start ... dits.htm#1

You can only claim tax credits if a child lives with you, Unlike Child benefit, where you only need to put towards the childs care (IE: pay maintenance / buy clothes ETC)

The setup you have now COULD POSSIBLY get you (and the ex) into trouble, if the child doesnt live with both of you...

IF your a couple you can claim as a couple. If the child lives with your ex at some point in the week and meets the elegibility (see link above) then it is down to your ex (the claimant) what they do with the money... so giving it to you is their choice, as this would be for the childs benefit.

BEAR IN MIND: What ever you put on the form, the home office WILL USE EVERY SINGLE DETAIL AGAINST YOU IN ANY WAY THEY CAN TWIST! (I hate to be a scare mongerer, but when they stated "your wife has stated she is willing to express milk" in my wife's refusal...

You can put a FLR application in whilst you have a pending EEA Appeal. ( https://www.whatdotheyknow.com/request/ ... n?unfold=1 ). Your appeal is not requesting the right of residence, but simply a document confirming it.

Perhaps point the CAB to the information. If you look at my What Do They Know requests, then there are numerous zambrano references ETC (Search for "Zambrano" and "Derivative"). Take the info to the CAB. Alternatively, it might be worthwhile asking about the FLR application in the General Immigration Forum or Immigration for Family Members

[Rammie20]

Oh OK..you are really doing a lot, if only I had someone do all these for me, I won't have to worry this much lol... She is one lucky woman..

We'll see how lucky she is when it gets to the appeal...

Hello everyone I have been following this forum. I was refused a zambrano application and now want to make an article 8. I went to citizen advice center for help but they claim they cannot help me with a new application whiles I have an appeal pending so am left on my own now. Pls how do I explain my financial situation on the form as am not working and they dont accept 3rd party sponsership but my ex channels the child tax credits to my accounts. Will I be deemed as receiving benefits? Thanks for your help

I'm not a lawyer, so i really am not sure on how your situation is with regards to tax credits. Perhaps John could help you on that (There is a massive thread RE: Tax credits on the Claiming Benefits forum). If your a couple you can claim as a couple, but from what your saying I gather (assume):

Your the Primary carer, the child lives with you, and your ex claims tax credits as a single parent and will therefore get working tax credits ETC too (at a couples rate)?

Does the child live with your ex at all?
http://www.hmrc.gov.uk/taxcredits/start ... dits.htm#1

You can only claim tax credits if a child lives with you, Unlike Child benefit, where you only need to put towards the childs care (IE: pay maintenance / buy clothes ETC)

The setup you have now COULD POSSIBLY get you (and the ex) into trouble, if the child doesnt live with both of you...

IF your a couple you can claim as a couple. If the child lives with your ex at some point in the week and meets the elegibility (see link above) then it is down to your ex (the claimant) what they do with the money... so giving it to you is their choice, as this would be for the childs benefit.

BEAR IN MIND: What ever you put on the form, the home office WILL USE EVERY SINGLE DETAIL AGAINST YOU IN ANY WAY THEY CAN TWIST! (I hate to be a scare mongerer, but when they stated "your wife has stated she is willing to express milk" in my wife's refusal...

You can put a FLR application in whilst you have a pending EEA Appeal. ( https://www.whatdotheyknow.com/request/ ... n?unfold=1 ). Your appeal is not requesting the right of residence, but simply a document confirming it.

Perhaps point the CAB to the information. If you look at my What Do They Know requests, then there are numerous zambrano references ETC (Search for "Zambrano" and "Derivative"). Take the info to the CAB. Alternatively, it might be worthwhile asking about the FLR application in the General Immigration Forum or Immigration for Family Members

We were staying together but the relationship broke down a year now and I moved out with the child. So the child leaves with me now

[wiggsy]

We were staying together but the relationship broke down a year now and I moved out with the child. So the child leaves with me now

Well, it might be wise to look into Tax Credits elegibility... otherwise you could (possibly both) be subject to fraud charges... If you are struggling to support your child on your own, it might be wise to approach the local authority social services. Under Section 17 of the childrens act, they have a responsibility to ensure the child is fed, clothed and sheltered. (you also have a right to Child Maintenance from the father...) [there are going to be other people on this thread who can advise on Section 17 - I've personally not dealt with any of that.

Although, I know somebody who is relying on it now to get housed, since their landlord decided to sell their house and they are now "Homeless" - they are surfing from council flat to council flat whilst on the housing list. The council wouldnt do ANYTHING to help until Section 17 was mentioned and they demanded to speak to a manager....

[wiggsy]

Just an update:

Called IAC today, and they have just loaded the case onto the system about an hour ago. (timing or what). Payment is in process now, and should be taken within the next few days from my Credit Card.

They wouldnt speak to me at first because my name isnt on her file (eh?). but after security on the phone, they said to my wife to send an email authorising me to act as her non legal representitive.

FYI anyone who is in a simular position and wants somebody to speak on your behalf, remember to include this authorisation in your application.

We are going to list Miss M Pellow as a witness, and examine her failure to approach Section 55 properly.

All further info needs submitting 5 days before the court date apparently. so remember to send all relevant caselaw with your appeals

We should get the document confirming listing ETC and the chance to submit further info shortly.

Also, you can email documents (which is useful and time saving) to: customer.service@hmcts.gsi.gov.uk quoting your APPEAL number (in the form of: IA/#####/YYYY

[evie233]

Just an update:

Called IAC today, and they have just loaded the case onto the system about an hour ago. (timing or what). Payment is in process now, and should be taken within the next few days from my Credit Card.

They wouldnt speak to me at first because my name isnt on her file (eh?). but after security on the phone, they said to my wife to send an email authorising me to act as her non legal representitive.

FYI anyone who is in a simular position and wants somebody to speak on your behalf, remember to include this authorisation in your application.

We are going to list Miss M Pellow as a witness, and examine her failure to approach Section 55 properly.

All further info needs submitting 5 days before the court date apparently. so remember to send all relevant caselaw with your appeals

We should get the document confirming listing ETC and the chance to submit further info shortly.

Also, you can email documents (which is useful and time saving) to: customer.service@hmcts.gsi.gov.uk quoting your APPEAL number (in the form of: IA/#####/YYYY

I wish you luck wiggsy... And I pray that anyone else waiting for an answer from ukba, this year is your year...don't loose hope....

[sarahassy]

Just an update:

Called IAC today, and they have just loaded the case onto the system about an hour ago. (timing or what). Payment is in process now, and should be taken within the next few days from my Credit Card.

They wouldnt speak to me at first because my name isnt on her file (eh?). but after security on the phone, they said to my wife to send an email authorising me to act as her non legal representitive.

FYI anyone who is in a simular position and wants somebody to speak on your behalf, remember to include this authorisation in your application.

We are going to list Miss M Pellow as a witness, and examine her failure to approach Section 55 properly.

All further info needs submitting 5 days before the court date apparently. so remember to send all relevant caselaw with your appeals

We should get the document confirming listing ETC and the chance to submit further info shortly.

Also, you can email documents (which is useful and time saving) to: customer.service@hmcts.gsi.gov.uk quoting your APPEAL number (in the form of: IA/#####/YYYY

Hi Wisggy, who is Miss M Pellow. depression is about to kill me. I called the tribuneral this week and they told me that though I lodged in an appeal in May, my hearing date is probably going to be next year around June.

[wiggsy]

m pellow is the person who acted on behalf of the Sec of State ... (the person who issued the refusal notices).

email them with your appeal ref and ask for an expediated hearing the guy told me on the phone were looking at six months - or sooner if we are willing to take any available opportunity. I told him we'd take a case tomorrow if one comes up

I must say: the guy i spoke to on the phone was very friendly, helpful and didnt seem to rush and went through my questions very "at ease" (didnt feel pressured to hurry at all). which, with the obvious delay in appeal waits etc, i need to say well done to him on the customer service!

[sarahassy]

m pellow is the person who acted on behalf of the Sec of State ... (the person who issued the refusal notices).

email them with your appeal ref and ask for an expediated hearing the guy told me on the phone were looking at six months - or sooner if we are willing to take any available opportunity. I told him we'd take a case tomorrow if one comes up

I must say: the guy i spoke to on the phone was very friendly, helpful and didnt seem to rush and went through my questions very "at ease" (didnt feel pressured to hurry at all). which, with the obvious delay in appeal waits etc, i need to say well done to him on the customer service!

what do I need to show to be offered expediated hearing. Can you please send me their email address

[wiggsy]

what do I need to show to be offered expediated hearing. Can you please send me their email address

every case is different but:

http://www.justice.gov.uk/tribunals/imm ... um/appeals

Urgent appeals

If there are compelling and/or compassionate reasons which warrant your appeal being brought forward you should put your reasons in writing and send them to us.

We will arrange for your reasons and any supporting documentation to be put before a duty judge to decide if your appeal should be heard sooner than usual. It is in your interest to make sure the judge has all the documentation necessary to support your application.

For example, this could be letters from a doctor or a hospital.

You should note that your application will not be considered by a judge before you have paid your appeal fee, unless one is not required in your case.

You should address any correspondence to the President of the First-tier Tribunal clearly marked: REAH The First-Tier Tribunal to:
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

email is customer.service@hmcts.gsi.gov.uk

[kiss300]

So wiggey have u been granted expident hearing?

[sarahassy]

m pellow is the person who acted on behalf of the Sec of State ... (the person who issued the refusal notices).

email them with your appeal ref and ask for an expediated hearing the guy told me on the phone were looking at six months - or sooner if we are willing to take any available opportunity. I told him we'd take a case tomorrow if one comes up

I must say: the guy i spoke to on the phone was very friendly, helpful and didnt seem to rush and went through my questions very "at ease" (didnt feel pressured to hurry at all). which, with the obvious delay in appeal waits etc, i need to say well done to him on the customer service!

how do u request for expedited hearing ie what do u include in the writing.

[sarahassy]

what do I need to show to be offered expediated hearing. Can you please send me their email address

every case is different but:

http://www.justice.gov.uk/tribunals/imm ... um/appeals

Urgent appeals

If there are compelling and/or compassionate reasons which warrant your appeal being brought forward you should put your reasons in writing and send them to us.

We will arrange for your reasons and any supporting documentation to be put before a duty judge to decide if your appeal should be heard sooner than usual. It is in your interest to make sure the judge has all the documentation necessary to support your application.

For example, this could be letters from a doctor or a hospital.

You should note that your application will not be considered by a judge before you have paid your appeal fee, unless one is not required in your case.

You should address any correspondence to the President of the First-tier Tribunal clearly marked: REAH The First-Tier Tribunal to:
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

email is customer.service@hmcts.gsi.gov.uk

thanx

[bos.80]

I came home today to a refusal letter from HO but what I don't understand is the basis of refusal. I applied as the primary carer of an EEA child in education in the UK. On the DRF form there are four categories in which you chose the category for which you are applying.

I chose category D but the refusal was based on category A even though I did not fill or answer questions in that category. Thank God i have a scanned copy of the application form to prove this. Category A is for primary carers of a child who is exercising treaty rights as self sufficient person. Is this an oversight or my application was not even attended to?

I was given the right to appeal though but I don't think this is right in the first place.

Should I consider this as a mistake and write to the caseworker pointing this mistake out? reapply or appeal?

Also I am divorced from their dad due to DV and stated that I was a victim of DV and I submitted police reports, social services assessment reports and assessment from the education officer , and my kids education records. Aside my Dv case my ex also has another DV and assault charge in another case which I have crime no for and stated those as well therefore making him unfit to cater for the kid. He's got medical problems as well.

But no attention or reference was made to any of these, instead they just said my son had insufficient funds for me to apply as a dependent on. im a bit perplexed!!!! Dependant on my son??? Where did that come from. I felt like I was reading someone else's decision. What do you think guys.

I have finally gained admission to medical school after a long wait and need to submit my passport by end of this month and was hoping a favourable decision was on its way to me, now I feel like my future is crumbling right in front of me.
Good gracious God! Im really under a time restriction here. Pls help me guys, any idea is welcome on what to do next. I simply don't know what to do. And I realise they have moved their office to Durham for Derivative rights applications. Will my MP be of any help???

I'm so confused and restless now.

Thanks n God bless

[wiggsy]

how do u request for expedited hearing ie what do u include in the writing.

Just explain how the wait will affect your child. how the child's movement is restricted until its sorted, how your own health is affected, stress etc. (drs notes needed etc). just state the facts etc. not sure if you'll get it, but...

We havent requested expediated. The way we have it, we are "happy to wait" There are far more deserving cases then ours, and it wouldnt be fair for us, who are together, to que jump familes who are seperated. (Please consider this, if you are able to wait, remember: whilst you have a pending appeal, no enforcement action can be taken.... )

[wiggsy]

I came home today to a refusal letter from HO but what I don't understand is the basis of refusal. I applied as the primary carer of an EEA child in education in the UK. On the DRF form there are four categories in which you chose the category for which you are applying.

I chose category D but the refusal was based on category A even though I did not fill or answer questions in that category. Thank God i have a scanned copy of the application form to prove this. Category A is for primary carers of a child who is exercising treaty rights as self sufficient person. Is this an oversight or my application was not even attended to?

I was given the right to appeal though but I don't think this is right in the first place.

Should I consider this as a mistake and write to the caseworker pointing this mistake out? reapply or appeal?

Also I am divorced from their dad due to DV and stated that I was a victim of DV and I submitted police reports, social services assessment reports and assessment from the education officer , and my kids education records. Aside my Dv case my ex also has another DV and assault charge in another case which I have crime no for and stated those as well therefore making him unfit to cater for the kid. He's got medical problems as well.

But no attention or reference was made to any of these, instead they just said my son had insufficient funds for me to apply as a dependent on. im a bit perplexed!!!! Dependant on my son??? Where did that come from. I felt like I was reading someone else's decision. What do you think guys.

I have finally gained admission to medical school after a long wait and need to submit my passport by end of this month and was hoping a favourable decision was on its way to me, now I feel like my future is crumbling right in front of me.
Good gracious God! Im really under a time restriction here. Pls help me guys, any idea is welcome on what to do next. I simply don't know what to do. And I realise they have moved their office to Durham for Derivative rights applications. Will my MP be of any help???

I'm so confused and restless now.

Thanks n God bless

Have you consulted a solicitor. Is there a reason you didnt approach Set(DV) ?
http://www.ukba.homeoffice.gov.uk/visas ... rmset(dv)/

is the child EEA or British? is the EEA Spouse in the UK? did the spouse live and work here before ..

(Sorry, I read that your application was Zambrano, as you posted on the Zambrano thread)

So your child is an EEA National? Child of an EEA National who has (and was working in the uk when the child started education or?

Set DV is if you lived for 2 years with a person who is now settled. so might not apply...

I'd say appeal on the basis that they didnt consider section 55. and they have obviously replied incorrectly to your application ETC. - might be worth getting in touch with a solicitor. (im not too sure of the rights of EEA - but the guidance is here: Derivative Rights of Residence

Did you read it? - Annex C looks like what applies to yourself?

[sarahassy]

how do u request for expedited hearing ie what do u include in the writing.

Just explain how the wait will affect your child. how the child's movement is restricted until its sorted, how your own health is affected, stress etc. (drs notes needed etc). just state the facts etc. not sure if you'll get it, but...

We havent requested expediated. The way we have it, we are "happy to wait" There are far more deserving cases then ours, and it wouldnt be fair for us, who are together, to que jump familes who are seperated. (Please consider this, if you are able to wait, remember: whilst you have a pending appeal, no enforcement action can be taken.... )

thanx for yo advice,

[sarahassy]

Hi fellow Zambrano applicants, I just want to share some good news: I have been granted 30months Leave as a parent. I applied for FLR(o) after my Zambrano refusal in July. Though i appealed the Zambrano refusal, the date of appeal has not been communicated to me but after 1 month of submitting my FLR(o) application, my visa has been granted. I will withdraw my appeal because i really want to move on with my life. I wish you all the best as you fight on and i am praying for everyone of you to celebrate your good news too, Amen!

Hi GLH2012, where r u my dia I need your help. check in your pm.