Updates on Zambrano applications

[evie233]

Morning.
I have been reading post from this forum and i deceided to joint you guys.

I am a mother of 3 years old boy and I have been separated from his dad since he was 8 months and since that time we never have contact.
I submitted an application under zambranoo in May 2012 and since then I never received a COA.
My intention was to withdraw my zambrano application and re-apply under article 8 or FLR.
Please, could I have any advice from you guys depending of your experience.
Many thanks

Contact the home office. did you send your application via
recorded/special delivery. Did you check that it arrived?

Home OFfice Email Addreses

Also- side note: my wifes appeal is down for December 10th in Birmingham. We are currently in the RoI excersising my treaty rights as a self employed photographer, coder and web developer, etc. Hopefully we'll both be back before December

Welcome back wiggsy!

[wiggsy]

Cheers. Been busy for last few weeks. Packing up and moving etc. .. actually had fair few jobs since going to Ireland. Infact so much so I must say trade is better

[rikki]

Hi evie233
My solicitor sent the my application via recorded delivery.
THe Home office has received my application but since then everything becomes quiet. No COA or event an email resquesting for further documents to provide.
Thanks

[wiggsy]

Rikki. Email them. We didn't hear anything until I began harassing ... I mean emailing them.

[evie233]

Hi evie233
My solicitor sent the my application via recorded delivery.
THe Home office has received my application but since then everything becomes quiet. No COA or event an email resquesting for further documents to provide.
Thanks

Wiggsy has said it all... You need to harass them with emails and letters , but its kinda odd you didn't receive your coa, cos that is the acknowledgement you get from them to say they received it, so please start contacting them asap...

[rikki]

Thanks fo your advice.
I will ask my solicitor to contact the home office asap

[wiggsy]

Hi evie233
My solicitor sent the my application via recorded delivery.
THe Home office has received my application but since then everything becomes quiet. No COA or event an email resquesting for further documents to provide.
Thanks

Wiggsy has said it all... You need to harass them with emails and letters , but its kinda odd you didn't receive your coa, cos that is the acknowledgement you get from them to say they received it, so please start contacting them asap...

FYI, a contact in another group has had a letter confirming reciept of application, but no COA yet... they are still processing payment ETC (week or two).. so looks like their issuing a COA "immediately" isnt immediately.

[ruona]

Hello everyone,well done for all the help and assistance in this forum.pls I need your help.i have a zambrano appeal feb14 next year with no solicitor going with me cos I can't afford it.i m a mother of a 2 yr old child ,I and the dad are no longer together.pls help what should I really go with to the appeal.dont know where to start from.pls help me

[evie233]

Hello everyone,well done for all the help and assistance in this forum.pls I need your help.i have a zambrano appeal feb14 next year with no solicitor going with me cos I can't afford it.i m a mother of a 2 yr old child ,I and the dad are no longer together.pls help what should I really go with to the appeal.dont know where to start from.pls help me

The zambrano case is new and complicated so only a lawyer who knows it well can help in court.. But I would advise you to try and see if you could get a probono lawyer to help you, at the same time put in an flro application.. So whichever comes first you take. They keep changing these immigration rules, so you need to act fast...wiggsy? Any input ?

[wiggsy]

I will be doing the formal witness statement for wife this week. ... but our case like everyone else's is different. I am sure you've all seem the children's commissioner letter re lack of best interests of the child etc?

[evie233]

I will be doing the formal witness statement for wife this week. ... but our case like everyone else's is different. I am sure you've all seem the children's commissioner letter re lack of best interests of the child etc?

Could you please post the link if you can?

[wiggsy]

When I get on laptop. Some time tomoro

[progeny5kay]

When I get on laptop. Some time tomoro

Hi wiggsy it's been a while, I want to thank for the compilation of human right cases and quotations you gave me, it has been doing wonders for me with the help of Almighty God, since the last time I was refused on Zambrano, I put FLR O app in on the 5th of Sept I prepared my case with the material you supplied me with some research I did myself and on the 22nd of October I was granted leave to remain received on the 24th of October, even though am still with my partner and stated applying as a partner of a British citizen they still granted me based on my children which is based on Zambrano's principles but they choose to refuse all zambrano, though I think I understand why they granted me based on this principle I think it is for them to be able put me on 10 yr route which means I have to leave in UK for 10 years before I can apply for permanent leave which am looking to challenge in court but just don't know how to put it together and also recently I had a friend that was almost deported even solicitors took his money but couldn't get him out and some other ones told him nothing they can do last minute after they have chattered flight for him prepared a JR and applied for injunction to cancel the ticket and the court accepted the JR cos of the way I put the case together based on this material as this guy has a girlfriend here with a stepson, the ticket was cancelled and we applied for bail and he has since been let out he is waiting for the JR date Thank you very much.

[progeny5kay]

Why don't you get a passport?

I've got a passport. The home office just didn't put my residence card in the passport.

You don't have a problem then, just send the A4 paper they sent you with your valid passport to them so they can transfer it to your passport..

Actually I just spoke to someone in the home office and was told in order for the transfer to be placed in my passport, I have to make a new application which can take up to 6 months to process.

Hi the person you spoke to is right to get it transferred you need to send in all the pappers you sent when made the first application but you need to state you want it transferred hope this helps

[evie233]

When I get on laptop. Some time tomoro

Hi wiggsy it's been a while, I want to thank for the compilation of human right cases and quotations you gave me, it has been doing wonders for me with the help of Almighty God, since the last time I was refused on Zambrano, I put FLR O app in on the 5th of Sept I prepared my case with the material you supplied me with some research I did myself and on the 22nd of October I was granted leave to remain received on the 24th of October, even though am still with my partner and stated applying as a partner of a British citizen they still granted me based on my children which is based on Zambrano's principles but they choose to refuse all zambrano, though I think I understand why they granted me based on this principle I think it is for them to be able put me on 10 yr route which means I have to leave in UK for 10 years before I can apply for permanent leave which am looking to challenge in court but just don't know how to put it together and also recently I had a friend that was almost deported even solicitors took his money but couldn't get him out and some other ones told him nothing they can do last minute after they have chattered flight for him prepared a JR and applied for injunction to cancel the ticket and the court accepted the JR cos of the way I put the case together based on this material as this guy has a girlfriend here with a stepson, the ticket was cancelled and we applied for bail and he has since been let out he is waiting for the JR date Thank you very much.

That is great news! Thank God, at least you have your papers now , unlike me still waiting I wish I could just get something at this point before the rules start changing again...and what you did for your friend was amazing, he probably thought this was the end of the road for him... Oh God is good...only him never dissapoints...

[evie233]

I just wish koffi will come back to tell us what happened with his appeal... ...

[Topsibelle]

I am an overstayer as well as my hubby. We came into the UK ten years ago and have 2 daughters. The older one is 10 and became a British citizen via registration as British citizen, having been born here and lived here for up to 10 years. My younger daughter is 8, was born in Northern Ireland and has EU passport. She was born in Dec 2004. I applied for Zambrano as parents of British citizen in June 2013 and got the COA in July. I included all documents to show that our daughter is dependent on us and we have no status. I didn't include the certificate of registration or passport as I was waiting for it to come but I included her birth certificate. My Zambrano application was refused in October bc I didn't include evidence of my daughter's citizenship.
Straight away, I sent my daughter's passport to Liverpool where the refusal came from and then made a fresh Zambrano application to Durham as the address had changed for Zambrano application and I also paid the fees of £55 each. I included my younger daughter's passport in the new application. I got the acknowledgement letter a week later.

In the meantime, I made the FLR(O) in 2009 and was refused. I wrote several letters asking for a reconsideration. In one of the letters, I lost my mother to cancer in 2010 and I begged to be allowed to go bury her but they wrote back to say my application was being considered. From July 2010 I heard nothing till this morning when I got a letter that my application for reconsideration has been rejected bc I made a EEA application and no reconsideration request will be considered in future. They went on about removal and not accessing NHS, I'm guessing this is a standard letter. They have kept me hanging for three years and I am really angry. I honestly think I have a strong ground to be granted Zambrano as we tick all the boxes to be granted residence card.

But I do need advice as I've paid a lot of money to regularise our stay and it is getting frustrating and we are stagnant. Please ask me questions if you need clarification but I need help pls as I can't afford a solicitor.

Thank you

[evie233]

I am an overstayer as well as my hubby. We came into the UK ten years ago and have 2 daughters. The older one is 10 and became a British citizen via registration as British citizen, having been born here and lived here for up to 10 years. My younger daughter is 8, was born in Northern Ireland and has EU passport. She was born in Dec 2004. I applied for Zambrano as parents of British citizen in June 2013 and got the COA in July. I included all documents to show that our daughter is dependent on us and we have no status. I didn't include the certificate of registration or passport as I was waiting for it to come but I included her birth certificate. My Zambrano application was refused in October bc I didn't include evidence of my daughter's citizenship.
Straight away, I sent my daughter's passport to Liverpool where the refusal came from and then made a fresh Zambrano application to Durham as the address had changed for Zambrano application and I
also paid the fees of £55 each. I included my younger daughter's passport in the new application. I got the acknowledgement letter a week later.

In the meantime, I made the FLR(O) in 2009 and was refused. I wrote several letters asking for a reconsideration. In one of the letters, I lost my mother to cancer in 2010 and I begged to be allowed to go bury her but they wrote back to say my application was being considered. From July 2010 I heard nothing till this morning when I got a letter that my application for reconsideration has been rejected bc I made a EEA application and no reconsideration request will be considered in future. They went on about removal and not accessing NHS, I'm guessing this is a standard letter. They have kept me hanging for three years and I am really angry. I honestly think I have a strong ground to be granted Zambrano as we tick all the boxes to be granted residence card.

But I do need advice as I've paid a lot of money to regularise our stay and it is getting frustrating and we are stagnant. Please ask me questions if you need clarification but I need help pls as I can't afford a solicitor.

Thank you

Hello topsibelle, welcome to the zambrano forum, if what I read is correct? You and your partner have no stay, then zambrano is for you, because in the original zambrani case, the judge granted them because none of the parents had any form of stay, and if they were to be deported, the children would have to leave too... So if this is the case , I see no reason why your zambrano case should be refused. People's cases got refused here, because the other parent is British or EU( which is stupid really).. I think you should sit back and wait for your zambrano result, then you proceed from there...

[Topsibelle]

Post subject: Re: Zambrano/ leave to remain
Topsibelle wrote:
I am an overstayer as well as my hubby. We came into the UK ten years ago and have 2 daughters. The older one is 10 and became a British citizen via registration as British citizen, having been born here and lived here for up to 10 years. My younger daughter is 8, was born in Northern Ireland and has EU passport. She was born in Dec 2004. I applied for Zambrano as parents of British citizen in June 2013 and got the COA in July. I included all documents to show that our daughter is dependent on us and we have no status. I didn't include the certificate of registration or passport as I was waiting for it to come but I included her birth certificate. My Zambrano application was refused in October bc I didn't include evidence of my daughter's citizenship.
Straight away, I sent my daughter's passport to Liverpool where the refusal came from and then made a fresh Zambrano application to Durham as the address had changed for Zambrano application and I
also paid the fees of £55 each. I included my younger daughter's passport in the new application. I got the acknowledgement letter a week later.

In the meantime, I made the FLR(O) in 2009 and was refused. I wrote several letters asking for a reconsideration. In one of the letters, I lost my mother to cancer in 2010 and I begged to be allowed to go bury her but they wrote back to say my application was being considered. From July 2010 I heard nothing till this morning when I got a letter that my application for reconsideration has been rejected bc I made a EEA application and no reconsideration request will be considered in future. They went on about removal and not accessing NHS, I'm guessing this is a standard letter. They have kept me hanging for three years and I am really angry. I honestly think I have a strong ground to be granted Zambrano as we tick all the boxes to be granted residence card.

But I do need advice as I've paid a lot of money to regularise our stay and it is getting frustrating and we are stagnant. Please ask me questions if you need clarification but I need help pls as I can't afford a solicitor.

Thank you


Hello topsibelle, welcome to the zambrano forum, if what I read is correct? You and your partner have no stay, then zambrano is for you, because in the original zambrani case, the judge granted them because none of the parents had any form of stay, and if they were to be deported, the children would have to leave too... So if this is the case , I see no reason why your zambrano case should be refused. People's cases got refused here, because the other parent is British or EU( which is stupid really).. I think you should sit back and wait for your zambrano result, then you proceed from there...

Thank you so much evie233 for your reply. I thought we have a strong case as well as my husband and I have no status till our initial Zambrano application was refused because I didn't include my daughter's my British passport. We've have been in their system since 2007 when I made a EEA application for our EU daughter so I thought they would know that my older daughter is British. Unfortunately, they are too lazy and too incompetent to send an email or research this. Ive been thinking of making a FLR(O) application but who says they won't refuse it as they refused us before. Zambrano seems cheaper with a legal right of appeal. I read on this forum that under EU law we have automatic right of residence. Fingers crossed.

[rikki]

Hi, progeny5kay I am very proud of you acting alone and congrats for your new status.
I am planning to put FLR O appplication. PLease, I will like you to send to me the compilation of human right cases and quotations you received from wiggsy. Please, I will like you to give me all the tips to fill the application form (FLR O). I will be acting alone because I dont have money to take a sollicitor. I took one for the Zambrano application but since 16 months now I haven't heard any decision from the Home Office. I really need your help. looking forward to hear from you.

[evie233]

Yes you are right topisibelle, go for zambrano first, flro is a second option... I am doing the same too, but if I don't get my zambrano, I will put in my flro myself, but don't worry, your DRC is on its way....

[Topsibelle]

Thanks again evie233. I might just do FLR(O) and claim destitute as I have no status, hence no job. I'm worried about the length it will take to give us a decision based on Zambrano. I still have the COA from the initial Zambrano application dated July 2013. I would use it to apply for NI. Thank God for this forum I didn't know I could use it to apply for NI till I read the comments on the blog. Thank The Lord for this forum. I hope the COA is still valid or would I have to wait for another one? Thanks

[evie233]

Thanks again evie233. I might just do FLR(O) and claim destitute as I have no status, hence no job. I'm worried about the length it will take to give us a decision based on Zambrano. I still have the COA from the initial Zambrano application dated July 2013. I would use it to apply for NI. Thank God for this forum I didn't know I could use it to apply for NI till I read the comments on the blog. Thank The Lord for this forum. I hope the COA is still valid or would I have to wait for another one? Thanks

Your COA is valid for 6 months...so if its expired, send them a letter to send you a replacement.. Also I don't think you can apply for flro without a decision on your zambrano, because you can't get zambrano if you have flro, but anyway, I could be wrong.. In other for you not to jeopardise your zambrano application, wait for the outcome first, or withdraw your application if you don't want zambrano, but don't put in the two or else you might be refused zambrano , then you can put in your flro..n zambrano will be good for you too, cos even though they said you can't get benefits? They don't stamp no recourse on your passport, so they treat you like a normal EEA family member...(I know people getting everything with it,not that you are after benefits, but you know what I mean)..

[Topsibelle]

You are a star evie223. I got a letter this morning from capita saying that my request for reconsideration for my FLR(O) application dated as far back as July 2010 has been refused. Reason: "You have made a new application for EEA- Residence Card after the refusal of the above application and after receipt if your reconsideration request".

So you are right. They might want to deal with either Zambrano or FLR(O) and not both. I'm honestly tired of being stagnant. Soon we will all have good stories to share.

[evie233]

You are a star evie223. I got a letter this morning from capita saying that my request for reconsideration for my FLR(O) application dated as far back as July 2010 has been refused. Reason: "You have made a new application for EEA- Residence Card after the refusal of the above application and after receipt if your reconsideration request".

So you are right. They might want to deal with either Zambrano or FLR(O) and not both. I'm honestly tired of being stagnant. Soon we will all have good stories to share.

Amen! Your case is easier for them, so please don't worry...just give them time...and cone back to share your good news..lol