Updates on Zambrano applications

[spapa1982]

Hello everyone
I am new to this site. I need some urgent advise if anyone can help. My solicitor has recently applied for me through EEA route to get a derivative residence card. However, my application has recently been refused. I have a british baby about 4 months ago, and the father of the baby is a british. However, the father of the baby went on the registry for the baby with me. He is no longer intend to take care of the baby during the my pregnancy but was still going to be responsible for the baby so we registered together. Now the father is already married, and so he is no able to take care the baby for me anymore, and I will be the only person who is going to take care of baby and also ever since she was borned, the baby has always stays with me for the GP and for her every day life.
The reason for my refusal was because
1, I did not include the ORIGINAL passport of the father. (my solicitor only asked me to get the copy)
2, I did not proof that I will be the only one who can take care of the baby.
After reading so many cases under this forum, and I now understand how important these two major concerns are.
Now, I am going on for the appeal, but I saw some people saying EX1 form for reconsideration is also applicable.
I am now going to apply for my 4 month child's British passport first then I am going to get GP to write a letter of confirming that I have been taking care of the baby ever since she was born and we are having the same GP and live together. I don't know what else should I get to proof my case.
I went to another solicitor to ask some advise, and he tole me today that I should not go through this route, I should actually go for FLR(O) instead.
I am very confused right now, and I paid so much for my solicitor an year ago, and I got this very very bad news recently which made my life very difficult.
PLease can someone give me some advise on what I should do now?

[wiggsy]

Hi. Just an update... we we t to court on the 10th... we should have a response in ten days. ..

Hopo refused for the application to be treated in the eea regs and tried to get the case dismissed. ..

I'm assuming my wife will get a detailed letter in ten working days. .. However whatever happens I'm confident we win. ... We applied for the eea fp from Ireland on Thursday under singh. .. and if they refuse we will move back to the uk all the same and appeal all the way. ... and win.

As for our Court case it was nasty. ... dirty tricks from the hopo. I pulled my ace card. .. amnesty intl report on Indonesia. The hopo quickly looked through her three tall stacks of paper. ..

She submitted new documents in court. However judge wouldn't look at mine. .. I made it aware that I'm self employed in Ireland. Showing tax registration etc.


Hopo questioned me as to why I moved to ireland. .. 'because I had job opportunities'.

So what will you do if this is refused? Well not a lot. .. we've got a eea fp application in and go to the embassy to submit documents for that in a couple of days in Dublin.

.....

Mr Pearsall appears to have placed himself into a position to benefit from the eea regs. ..

......

This application cannot succeed under the eea regs. ....

......

Human rights do not come into the matter as we don't seek to deport in eea cases. ..

... err. But what if the ise 343 which you sent to my wife. .. This clearly days you plan to detain her. ... and we all know that is only legally possible if deportation is possible and imminent. ..

.......

I would like the court to address human rights today as they should not be involved in the assessmenty. .. This is a free application. ..

....

Mr Pearsall would you be relying on human rights ....?? 'Most definitely'

....

I read out the carpenter reply the ho sent me to my foi.

I highlighted the zambrano guidance etc. ..

I even went to the lengths of raising my previous conviction which would prevent me getting a visa to Indonesia .... the judge really didn't look impressed at that though. .. but after two hours I was aching tired n pissed off... I started to crack at the end.

[expositouk1]

Hi Wigsy

Anything yet, please? Feedback will be very appreciated for those who are lined up to attend in the new year.

Thanks so much

[bigboy2007]

Absolute nonsense. The child has to be in UK. That is the whole essense of the right.

People with drive coaches and horses around UK immigration rules if he was correct.

He could go to Ireland and invoke Zambrano, or he can come to UK and you apply under Chen.

Good day Obie and other moderators/Gurus in the house, i am seeking assistance regarding my situation in UK and my family in general:

BRIEF HISTORY:
1. Came to UK on a 6month tourist visa- (Feb 2006)
2. Partner came to UK with first child born in feb 2005 (March 2006)-6 mths tourist visa also
3. I have three boys - 2005(Nigeria), 2006(UK) and 2011(UK)
4. Partner was advised by solicitor to apply under FLR (o) in 2010 with 2boys then, refused because she had overtstayed, has poending reconsideration since july 2012
5. I read about zambrano online, due to my desperation concerning my situation with my family, i decided to give it a try despite the two boys born in UK not british citizens yet.
6. I packaged zambrano application for myself and partner three wks ago, we have both received COA until application is decided within 6mths or more
7. New FLR FP application form was introduced in december for family life as partner or parent(5yrs or 10yrs route). i believe 10 yr route will be applicable to me and my partner. we have three boys like i said earlier, first child born in nigeria in 2005, came in 2006, has spent 7yrs continuous stay in UK, second child born in UK celebated his 7th birthday this year october, last child is 2yrs plus.

PLEASE, I WOULD LIKE TO KNOW IF WE CAN APPLY AS A FAMILY UNDER THE NEW FLR FP -FAMILY ROUTE OR IS IT ADVISABLE TO APPLY SEPARATELY USING ONE CHILD EACH. I AM A BIT CONFUSED. PLEASE YOUR INPUT/ADVICE WILL BE MUCH APPRECIATED, BECAUSE I AM PLANNING TO PROCESS IT FIRST WEEK JANUARY 2014 OR EARLIER. THE FUNDS INVOLVED IS MUCH, REASON FOR NOT RUSHING THE APPLICATION. I AM PLANNING TO PROCESS FOR MYSELF AND PARTNER ONLY, THE KIDS CAN WAIT FOR NOW, BECAUSE OF THE AMOUNT INVOLVED, DOING ONLY PART TIME JOB AT THE MOMENT.

THANK YOU

[evie233]

Absolute nonsense. The child has to be in UK. That is the whole essense of the right.

People with drive coaches and horses around UK immigration rules if he was correct.

He could go to Ireland and invoke Zambrano, or he can come to UK and you apply under Chen.

Good day Obie and other moderators/Gurus in the house, i am seeking assistance regarding my situation in UK and my family in general:

BRIEF HISTORY:
1. Came to UK on a 6month tourist visa- (Feb 2006)
2. Partner came to UK with first child born in feb 2005 (March 2006)-6 mths tourist visa also
3. I have three boys - 2005(Nigeria), 2006(UK) and 2011(UK)
4. Partner was advised by solicitor to apply under FLR (o) in 2010 with 2boys then, refused because she had overtstayed, has poending reconsideration since july 2012
5. I read about zambrano online, due to my desperation concerning my situation with my family, i decided to give it a try despite the two boys born in UK not british citizens yet.
6. I packaged zambrano application for myself and partner three wks ago, we have both received COA until application is decided within 6mths or more
7. New FLR FP application form was introduced in december for family life as partner or parent(5yrs or 10yrs route). i believe 10 yr route will be applicable to me and my partner. we have three boys like i said earlier, first child born in nigeria in 2005, came in 2006, has spent 7yrs continuous stay in UK, second child born in UK celebated his 7th birthday this year october, last child is 2yrs plus.

PLEASE, I WOULD LIKE TO KNOW IF WE CAN APPLY AS A FAMILY UNDER THE NEW FLR FP -FAMILY ROUTE OR IS IT ADVISABLE TO APPLY SEPARATELY USING ONE CHILD EACH. I AM A BIT CONFUSED. PLEASE YOUR INPUT/ADVICE WILL BE MUCH APPRECIATED, BECAUSE I AM PLANNING TO PROCESS IT FIRST WEEK JANUARY 2014 OR EARLIER. THE FUNDS INVOLVED IS MUCH, REASON FOR NOT RUSHING THE APPLICATION. I AM PLANNING TO PROCESS FOR MYSELF AND PARTNER ONLY, THE KIDS CAN WAIT FOR NOW, BECAUSE OF THE AMOUNT INVOLVED, DOING ONLY PART TIME JOB AT THE MOMENT.

THANK YOU

Hello... A few friends of mine have this same issue and from their refusal letters I can tell you that its better for you to apply as a single parent( either you or wife) because they will refuse, except the kids are British... Please dont make the mistake of applying as a couple, I read two refusal letters so I know what am talking about, if you really want this to work, let all the kids apply with just one parent. Or else it might be a NO! (And FLR(O) ) is the best option for you, so you can ask for more advice from your lawyer and the flro forum...

[bigboy2007]

Absolute nonsense. The child has to be in UK. That is the whole essense of the right.

People with drive coaches and horses around UK immigration rules if he was correct.

He could go to Ireland and invoke Zambrano, or he can come to UK and you apply under Chen.

Good day Obie and other moderators/Gurus in the house, i am seeking assistance regarding my situation in UK and my family in general:

BRIEF HISTORY:
1. Came to UK on a 6month tourist visa- (Feb 2006)
2. Partner came to UK with first child born in feb 2005 (March 2006)-6 mths tourist visa also
3. I have three boys - 2005(Nigeria), 2006(UK) and 2011(UK)
4. Partner was advised by solicitor to apply under FLR (o) in 2010 with 2boys then, refused because she had overtstayed, has poending reconsideration since july 2012
5. I read about zambrano online, due to my desperation concerning my situation with my family, i decided to give it a try despite the two boys born in UK not british citizens yet.
6. I packaged zambrano application for myself and partner three wks ago, we have both received COA until application is decided within 6mths or more
7. New FLR FP application form was introduced in december for family life as partner or parent(5yrs or 10yrs route). i believe 10 yr route will be applicable to me and my partner. we have three boys like i said earlier, first child born in nigeria in 2005, came in 2006, has spent 7yrs continuous stay in UK, second child born in UK celebated his 7th birthday this year october, last child is 2yrs plus.

PLEASE, I WOULD LIKE TO KNOW IF WE CAN APPLY AS A FAMILY UNDER THE NEW FLR FP -FAMILY ROUTE OR IS IT ADVISABLE TO APPLY SEPARATELY USING ONE CHILD EACH. I AM A BIT CONFUSED. PLEASE YOUR INPUT/ADVICE WILL BE MUCH APPRECIATED, BECAUSE I AM PLANNING TO PROCESS IT FIRST WEEK JANUARY 2014 OR EARLIER. THE FUNDS INVOLVED IS MUCH, REASON FOR NOT RUSHING THE APPLICATION. I AM PLANNING TO PROCESS FOR MYSELF AND PARTNER ONLY, THE KIDS CAN WAIT FOR NOW, BECAUSE OF THE AMOUNT INVOLVED, DOING ONLY PART TIME JOB AT THE MOMENT.

THANK YOU

Hello... A few friends of mine have this same issue and from their refusal letters I can tell you that its better for you to apply as a single parent( either you or wife) because they will refuse, except the kids are British... Please dont make the mistake of applying as a couple, I read two refusal letters so I know what am talking about, if you really want this to work, let all the kids apply with just one parent. Or else it might be a NO! (And FLR(O) ) is the best option for you, so you can ask for more advice from your lawyer and the flro forum...

Thanks much evie233 for d information. I really appreciate it much. Actually I discussed with a solicitor, he stated dat we could do as a couple since presently we have a zambrano application pending and hve been granted COA with right to take up employment. Meaning we are not categorized as overstayers within the home office and it will work as a couple. I will not rush d application, frm ur advice I will let him consider option of one parent for now with d kids. But will not be processing for d kids now until I gt positive result from one application. Stay blessed

[evie233]

Absolute nonsense. The child has to be in UK. That is the whole essense of the right.

People with drive coaches and horses around UK immigration rules if he was correct.

He could go to Ireland and invoke Zambrano, or he can come to UK and you apply under Chen.

Good day Obie and other moderators/Gurus in the house, i am seeking assistance regarding my situation in UK and my family in general:

BRIEF HISTORY:
1. Came to UK on a 6month tourist visa- (Feb 2006)
2. Partner came to UK with first child born in feb 2005 (March 2006)-6 mths tourist visa also
3. I have three boys - 2005(Nigeria), 2006(UK) and 2011(UK)
4. Partner was advised by solicitor to apply under FLR (o) in 2010 with 2boys then, refused because she had overtstayed, has poending reconsideration since july 2012
5. I read about zambrano online, due to my desperation concerning my situation with my family, i decided to give it a try despite the two boys born in UK not british citizens yet.
6. I packaged zambrano application for myself and partner three wks ago, we have both received COA until application is decided within 6mths or more
7. New FLR FP application form was introduced in december for family life as partner or parent(5yrs or 10yrs route). i believe 10 yr route will be applicable to me and my partner. we have three boys like i said earlier, first child born in nigeria in 2005, came in 2006, has spent 7yrs continuous stay in UK, second child born in UK celebated his 7th birthday this year october, last child is 2yrs plus.

PLEASE, I WOULD LIKE TO KNOW IF WE CAN APPLY AS A FAMILY UNDER THE NEW FLR FP -FAMILY ROUTE OR IS IT ADVISABLE TO APPLY SEPARATELY USING ONE CHILD EACH. I AM A BIT CONFUSED. PLEASE YOUR INPUT/ADVICE WILL BE MUCH APPRECIATED, BECAUSE I AM PLANNING TO PROCESS IT FIRST WEEK JANUARY 2014 OR EARLIER. THE FUNDS INVOLVED IS MUCH, REASON FOR NOT RUSHING THE APPLICATION. I AM PLANNING TO PROCESS FOR MYSELF AND PARTNER ONLY, THE KIDS CAN WAIT FOR NOW, BECAUSE OF THE AMOUNT INVOLVED, DOING ONLY PART TIME JOB AT THE MOMENT.

THANK YOU

Hello... A few friends of mine have this same issue and from their refusal letters I can tell you that its better for you to apply as a single parent( either you or wife) because they will refuse, except the kids are British... Please dont make the mistake of applying as a couple, I read two refusal letters so I know what am talking about, if you really want this to work, let all the kids apply with just one parent. Or else it might be a NO! (And FLR(O) ) is the best option for you, so you can ask for more advice from your lawyer and the flro forum...

Thanks much evie233 for d information. I really appreciate it much. Actually I discussed with a solicitor, he stated dat we could do as a couple since presently we have a zambrano application pending and hve been granted COA with right to take up employment. Meaning we are not categorized as overstayers within the home office and it will work as a couple. I will not rush d application, frm ur advice I will let him consider option of one parent for now with d kids. But will not be processing for d kids now until I gt positive result from one application. Stay blessed

That's great, but did you get the boys British or EU passports?? Cos if they dont. I would advice you start getting ready for flro because the coa doesn't mean they will give you... #but who knows, you might be lucky#

[ruona]

Hi guys,just wanna say happy newyr to everyone and to update you on my appeal .had my hearing 26 November without a solicitor and just got reply from the judge yesterday.the decision was allowed (no anonymity direction was made) .and I was awared my 140 fee back.what do you think they meant by (no anonymity was made)

[evie233]

wow thats great news, please could you share with us how you argued your case?

HAPPY NEW YEAR TO EVERYONE!!!!!

[appealalready]

Hi,

I am confused. I am a Zambrano carer of an EEA and British national.

-Why should we get a derivative card when we qualify for residence cards?

-I think we should all qualify for residence cards as "Extended Family Members of EEA Nationals", provided we fall under the transitional arrangements?

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/
http://www.legislation.gov.uk/uksi/2006 ... ion/8/made
http://www.legislation.gov.uk/uksi/2012 ... view=plain
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/eucit ... s/#header8
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[appealalready]

Also, does anyone have any advice on the Upper Tribunal?

I filed for judicial review using a fee waiver for urgent consideration. Can anyone share their experiences with the Upper Tribunal?

Here is a website which provides the necessary, current forms. You can fill in the forms online at

http://www.justice.gov.uk/tribunals/imm ... ial-review

Applications should be made using the following forms:
T480 UTIAC Judicial Review Claim Form
T481 Guidance Notes on Completing the UTIAC Judicial Review Claim Form
T482 UTIAC Judicial Review. Acknowledgment of Service
T483 UTIAC Judicial Review. Application for urgent consideration
T484 Application notice
T485 Statement under Upper Tribunal Rule 28A (2)(b)
T486 Notice of change of solicitor

Fees to apply for a judicial review
EX160A Court and Tribunal Fees - Do I have to pay them?

[appealalready]

Here is the link to the fee remission form on page 19. The link in the previous post was broken.

http://webarchive.nationalarchives.gov. ... 0a-eng.pdf

[evie233]

Hello lovely people, I just wanted to come and give an update. I received my reply from HO and I was refused so I am going to put in an flro application.. I was ready for my plan B anyway, the thing is , I want to put it in myself and put in the fee exemption form...

Thanks guys, its being a long journey with zambrano, but its time to change my route

[princessjobaby]

Sorry to hear of the refusal Evie333,was the decision sent to you by a recorded delivery or is it by 1st or 2nd class stamp also was all your supporting document sent back to you.what was the reasons given to refuse.thanks

[evie233]

Well they sent it to my solicitor who just sent me a copy instead of calling me... Anyway, they suggested I do flro and its the same old reasons.. But I can even be bothered to fight it anymore, zambrano has wasted my time... So I will just put in flro

[ada4msd]

@ruona, congrats girl on winning your appeal, welldone. anonimmty ...means your name will be used publicly, the decision to allow your appeal, anytime some one uses it as a case law, it is your name that will show, not miss A or mrs B, i dont know if you understand what i mean.
@evie233, my dear sorry for the refusal, do the flr o if you have the money and their requirements, i have just been refused after about a year, i made a zambrano application. i want to appeal the decision. i do not have money for the flro application cos i have a dependant. I am stronger.

[marina4]

@evie233, sorry for the refusal.
I would candidly suggest you go for the FLo application.
I did the same after waitng for 2years on zambrano(waste of time),got refused, appealed, later instructed
my solicitor to cancel the appeal.
Immedaitely I put in application for FLo on 30/10/2013 .
Recieved biometric letter 2weeks after.
Additional info requested 20/12/2013
BRP recieved 2wks later.
My point is , few people I know that applied for zambrano and were refused got accepted under the FLo in just 1-3 months.

[evie233]

@evie233, sorry for the refusal.
I would candidly suggest you go for the FLo application.
I did the same after waitng for 2years on zambrano(waste of time),got refused, appealed, later instructed
my solicitor to cancel the appeal.
Immedaitely I put in application for FLo on 30/10/2013 .
Recieved biometric letter 2weeks after.
Additional info requested 20/12/2013
BRP recieved 2wks later.
My point is , few people I know that applied for zambrano and were refused got accepted under the FLo in just 1-3 months.

You are right.. I was even secretly praying I get a reply soon, whether good or bad.. I will put in my flro soon, just getting my docs ready..I might just put it in myself.. Zambrano is a waste of time if you can't support it with police reports and court papers#what I was told#

[ashleychans]

hi everyone. Been following this thread since mid last year and this thread made me prepare for the worst...my application was finally refused in Dec 2013 after 2 years and 2 COAs. Now my problem is this,I have lost all faith in my lawyer,even though I realise a lot of Zambrano applications have been refused I just still find him somehow,coupled with the fact that he was laughing when he broke the news to me and talking about his new fees. He suggested that I re-apply for the Zambrano again,with the same documents I submitted the first time. I initially agreed,and been saving for his fees but reading this thread tonight,I'm not sure its a good idea plus I don't have another 2 years to waste. Do I apply again under Zambrano with another lawyer? or apply for flo (I don't even know what that means,please HELP) . My personal circumstance is this,I am a single mum with British child(born 2012),we don't live with the dad,I get all the child benefit for the child and of my child's documents are registered to my address. thanks for your replies in advance.

[evie233]

hi everyone. Been following this thread since mid last year and this thread made me prepare for the worst...my application was finally refused in Dec 2013 after 2 years and 2 COAs. Now my problem is this,I have lost all faith in my lawyer,even though I realise a lot of Zambrano applications have been refused I just still find him somehow,coupled with the fact that he was laughing when he broke the news to me and talking about his new fees. He suggested that I re-apply for the Zambrano again,with the same documents I submitted the first time. I initially agreed,and been saving for his fees but reading this thread tonight,I'm not sure its a good idea plus I don't have another 2 years to waste. Do I apply again under Zambrano with another lawyer? or apply for flo (I don't even know what that means,please HELP) . My personal circumstance is this,I am a single mum with British child(born 2012),we don't live with the dad,I get all the child benefit for the child and of my child's documents are registered to my address. thanks for your replies in advance.

Your lawyer is wicked to have suggested doing zambrano again after your refusal... Please go for FLR(O) go to the forum, you will get an idea of what you are applying for but please dont go for a zambrano application again except you want to appeal...#you will get your flro quick# and change your lawyer if need be..

[ada4msd]

hi everyone. Been following this thread since mid last year and this thread made me prepare for the worst...my application was finally refused in Dec 2013 after 2 years and 2 COAs. Now my problem is this,I have lost all faith in my lawyer,even though I realise a lot of Zambrano applications have been refused I just still find him somehow,coupled with the fact that he was laughing when he broke the news to me and talking about his new fees. He suggested that I re-apply for the Zambrano again,with the same documents I submitted the first time. I initially agreed,and been saving for his fees but reading this thread tonight,I'm not sure its a good idea plus I don't have another 2 years to waste. Do I apply again under Zambrano with another lawyer? or apply for flo (I don't even know what that means,please HELP) . My personal circumstance is this,I am a single mum with British child(born 2012),we don't live with the dad,I get all the child benefit for the child and of my child's documents are registered to my address. thanks for your replies in advance.

Your lawyer is wicked to have suggested doing zambrano again after your refusal... Please go for FLR(O) go to the forum, you will get an idea of what you are applying for but please dont go for a zambrano application again except you want to appeal...#you will get your flro quick# and change your lawyer if need be..

Evie233 is correct. Your lawyer is means and heartless. Forget him. Do the flro, you will be better off. Just do your research well and collect your evidence s. Best off luck.

[marina4]

hi everyone. Been following this thread since mid last year and this thread made me prepare for the worst...my application was finally refused in Dec 2013 after 2 years and 2 COAs. Now my problem is this,I have lost all faith in my lawyer,even though I realise a lot of Zambrano applications have been refused I just still find him somehow,coupled with the fact that he was laughing when he broke the news to me and talking about his new fees. He suggested that I re-apply for the Zambrano again,with the same documents I submitted the first time. I initially agreed,and been saving for his fees but reading this thread tonight,I'm not sure its a good idea plus I don't have another 2 years to waste. Do I apply again under Zambrano with another lawyer? or apply for flo (I don't even know what that means,please HELP) . My personal circumstance is this,I am a single mum with British child(born 2012),we don't live with the dad,I get all the child benefit for the child and of my child's documents are registered to my address. thanks for your replies in advance.

Hello, your case seems more easier than mine with the type of documents you have
pls.pls go for the Flo, the home office is not willing to approve anything without making MONEY out of it , EU LAW or no EU.
Flo is your best option .
Good luck .

[marina4]

hi everyone. Been following this thread since mid last year and this thread made me prepare for the worst...my application was finally refused in Dec 2013 after 2 years and 2 COAs. Now my problem is this,I have lost all faith in my lawyer,even though I realise a lot of Zambrano applications have been refused I just still find him somehow,coupled with the fact that he was laughing when he broke the news to me and talking about his new fees. He suggested that I re-apply for the Zambrano again,with the same documents I submitted the first time. I initially agreed,and been saving for his fees but reading this thread tonight,I'm not sure its a good idea plus I don't have another 2 years to waste. Do I apply again under Zambrano with another lawyer? or apply for flo (I don't even know what that means,please HELP) . My personal circumstance is this,I am a single mum with British child(born 2012),we don't live with the dad,I get all the child benefit for the child and of my child's documents are registered to my address. thanks for your replies in advance.

Hello, your case seems more easier than mine with the type of documents you have
pls.pls go for the Flo, the home office is not willing to approve anything without making MONEY out of it , EU LAW or no EU.
Flo is your best option .
Good luck .

[ashleychans]

Thanks everyone. You have all been helpful,will keep you updated.

[ashleychans]

Im back...i just read that people who came into the UK with a visiting visa cant apply for FLO. this is my case i came into the Uk on a 5year tourist visa(maximum 6 months multiple entries) in 2011, gave birth in 2012,child got its British passport in 2012 and i applied to stay under Zambrano in april 2012,application refused dec 2013. thanks in advance again.