Post
by Topsibelle » Fri Nov 01, 2013 1:11 pm
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.