Updates on Zambrano applications

[Topsibelle]

Yes most definitely I will come back ands share the good news to encourage others. And you will share good news too.

[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

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 ?

Thnks for your reply,just got a new appeal date for this month of nov which is 24th.cos i requested for an expediting hearing which was granted.i dont know what a witness statement is.pls i need someone to tell me more cas i have less than 3weeks now to prepare.anything to enlight me with.i m pleading.pls help me.thnks.God bless you.

[Topsibelle]

Positive news....I got a letter this morning that my request for reconsideration as has been agreed to..."The application was considered under the immigration (EEA) Regulations 2006. Decisions can only be reversed where it is clear that the original decision was NOT taken in line with prevailing policy and immigration law at the time the decision was reached. The onus is on applicants to demonstrate that they satisfy the statutory requirements.

In light of your representations it has been agreed to reconsider your application. However, in order to reconsider your application properly, our department requests that you complete the attached application form and submit any documentation you deem necessary. Once completed, please send this by special delivery to......."

The address on the letter said to send to Liverpool. However, after writing the reconsideration letter I enclosed my daughter's British passport to Liverpool as this was where the refusal came from. I completed a fresh application on the same day and sent to Durham as this is the new address for DRC application with all documents I could lay my hands on, including my daughter's certificate of registration.

I will complete the attached application forms again and write a letter explaining why I am sending copies with Royal Mail tracking nos to Durham. In all this seems positive. I thought I would share progress.

Thanks y'all

[progeny5kay]

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.

sorry rikki it took me a while to reply you i will PM you and the details and also i will like you to give me background on your situation???

[progeny5kay]

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

yeah he did thanks

[bigboy2007]

Good evening to u guys in the forum. I am a new member and have been following all your messages. Its quite impressive and educative. Kudos to u all[/b]

[bigboy2007]

Pls I will appreciate any input or advice regarding my situation in this country. I stay with my partner (both overstayers) with three children. First child born in nigeria, came to UK with d mother barely after his first birthday, he will be 9yrs old next yr feb. Second child born in UK 7 yrs old and last child born in UK 2yrs plus. A friend advised I apply for zambrano with my partner as primary carers of British citizens, but I am confused, because I only have their UK birth certificates and no british passports, cannot process BP for dem cause we dnt have any leave to remain in UK.

I dont knw whether to apply for zambrano application. Pls kindly advice. Will very much appreciate ur input. Really fed up with situation of things. Thank you

[Topsibelle]

Hello Bigboy2007,

Zambrano is not applicable to you. I think you should apply via FLR(O) having being resident in the UK for over 7 years with children born in the UK. If you are removed then it breaches the children's right. I hope I'm on the right track with the advice but I'm definitely sure Zambrano us not for you.

Best of luck

[bigboy2007]

Good day all, a follow up to my earlier postings, I came into UK in 2006 on a tourist visa, a month after my partner came with our first child on tourist visa also. We decided to make UK our place of abode. In 2010 November we met a solicitor who advised only my partner and our two boys should apply for discretionary leave to remain on form flro. The application was refused with threat of deportation. It was during dat period she gave birth to d last child. The solicitor travelled and we couldnt contact him anymore. Dats when we decided to seek d service of another solicitor. He assured us my partner will not be deported and he sent in a reconsideration letter to hme office in july 2012. Till today we hve not gotten any feedback from home office. We sought assistance of our MP. A very nice man, he wrote on behalf of my partner to home office, after 3 to 4 wks. He got a reply from them dat they have a lot of complex cases at hand and envisage before September 2013 runs out, they shld be able to give outcome of her reconsideration. Today is 3rd november and still nothing from dem. Thats why I am contemplating to try out zambrano. Pls I need suggestions and advise from forum members-Wigsy, Progeny, evie, kofi and d rest, pls anxiously awaiting ur input. Thank you.

[bigboy2007]

Hello Bigboy2007,

Zambrano is not applicable to you. I think you should apply via FLR(O) having being resident in the UK for over 7 years with children born in the UK. If you are removed then it breaches the children's right. I hope I'm on the right track with the advice but I'm definitely sure Zambrano us not for you.

Best of luck

Thank you topsibelle for ur input. I feel you might be very right. Because the children dont have british passports. Appreciate it much

[evie233]

Good day all, a follow up to my earlier postings, I came into UK in 2006 on a tourist visa, a month after my partner came with our first child on tourist visa also. We decided to make UK our place of abode. In 2010 November we met a solicitor who advised only my partner and our two boys should apply for discretionary leave to remain on form flro. The application was refused with threat of deportation. It was during dat period she gave birth to d last child. The solicitor travelled and we couldnt contact him anymore. Dats when we decided to seek d service of another solicitor. He assured us my partner will not be deported and he sent in a reconsideration letter to hme office in july 2012. Till today we hve not gotten any feedback from home office. We sought assistance of our MP. A very nice man, he wrote on behalf of my partner to home office, after 3 to 4 wks. He got a reply from them dat they have a lot of complex cases at hand and envisage before September 2013 runs out, they shld be able to give outcome of her reconsideration. Today is 3rd november and still nothing from dem. Thats why I am contemplating to try out zambrano. Pls I need suggestions and advise from forum members-Wigsy, Progeny, evie, kofi and d rest, pls anxiously awaiting ur input. Thank you.

Welcome Big boy, do your kids have British passports? Or EU passports?and how old are they?

[bigboy2007]

Welcome Big boy, do your kids have British passports? Or EU passports?and how old are they?[/quote]

good morning evie, thank you for your input, like i stated earlier, i have three boys, first child born outside UK- Nigeria to be precise, but came to uk with my partner when he was 1yr and 2mths old, he will be 9yrs next yr february. the second boy was born in uk and he is 7yrs and the last boy was also born in uk and he is 2yrs+, they dont have british or eu passports, because i am an overstayer likewise my partner. thank you

[evie233]

Welcome Big boy, do your kids have British passports? Or EU passports?and how old are they?

good morning evie, thank you for your input, like i stated earlier, i have three boys, first child born outside UK- Nigeria to be precise, but came to uk with my partner when he was 1yr and 2mths old, he will be 9yrs next yr february. the second boy was born in uk and he is 7yrs and the last boy was also born in uk and he is 2yrs+, they dont have british or eu passports, because i am an overstayer likewise my partner. thank you[/quote]

If you don't have British kids, you can't apply for zambrano, flro will be the best option..

[bigboy2007]

If you don't have British kids, you can't apply for zambrano, flro will be the best option..[/quote]

Thank you for your prompt response evie, but i need to clarify an issue with zambrano, the rule states if one of the partners is an exempt person meaning he/she is bristish, or has ilr, the other partner will not be able to get drc. how do parents who are overstayers have british children to qualify for zambrano, because its easier for the child to be british, if one of the parents hold citizenship status. zambrano seems tobe complex then. i will need ur input on that. thanks once again

[bigboy2007]

• If you don't have British kids, you can't apply for zambrano, flro will be the best option..[/quote]
  
  
  Evie once again, pertaining to FLR O application, under which category can i apply with my partner and three kids to justify further leave to remain. Definitely i will be applying through a solicitor who has good knowledge of such application, but i would want a higher rate of success considering the amount involved. please ur input and that of others will be much appreciated.
  
  Also i have a friend who is in a simlar situation like me, both kids born in uk, but no british passports, just birth certificates of his two children, cause both himself and partner are overstayers with kids born in UK, he applied with the partner under zambrano and both of them got a COA allowing them to take up employment whilst application is under consideration. he submitted UK birth certificates and evidence of dependency, family photos, school/GP letters as well as children school reports. thats why i am much confused now.

[evie233]

If you don't have British kids, you can't apply for zambrano, flro will be the best option..

Thank you for your prompt response evie, but i need to clarify an issue with zambrano, the rule states if one of the partners is an exempt person meaning he/she is bristish, or has ilr, the other partner will not be able to get drc. how do parents who are overstayers have british children to qualify for zambrano, because its easier for the child to be british, if one of the parents hold citizenship status. zambrano seems tobe complex then. i will need ur input on that. thanks once again[/quote]

Yes if one of the parents is British, zambrano will not apply except you can prove that the British parent cannot care for the child, like mental illness, or domestic abuse, dead....so you need to prove that the British partner can't care for the child or zambrano will not apply...(and the reason cannot be financial)...

[evie233]

• If you don't have British kids, you can't apply for zambrano, flro will be the best option..

Evie once again, pertaining to FLR O application, under which category can i apply with my partner and three kids to justify further leave to remain. Definitely i will be applying through a solicitor who has good knowledge of such application, but i would want a higher rate of success considering the amount involved. please ur input and that of others will be much appreciated.

Also i have a friend who is in a simlar situation like me, both kids born in uk, but no british passports, just birth certificates of his two children, cause both himself and partner are overstayers with kids born in UK, he applied with the partner under zambrano and both of them got a COA allowing them to take up employment whilst application is under consideration. he submitted UK birth certificates and evidence of dependency, family photos, school/GP letters as well as children school reports. thats why i am much confused now.[/quote]


For more information on flro, go to the flro forum, there are loads of people who are going through the same thing...

[bigboy2007]

Yes if one of the parents is British, zambrano will not apply except you can prove that the British parent cannot care for the child, like mental illness, or domestic abuse, dead....so you need to prove that the British partner can't care for the child or zambrano will not apply...(and the reason cannot be financial)...[/quote]

Thanks evie for ur response. But if u look at joint primary carers of a british citizen under zambrano. It states removing them means d british minor will be losing their union citizenship. How will a minor acquire citizenship if both carers have no status with respect to Zambrano principle. Its just confusing to me.

[evie233]

Yes if one of the parents is British, zambrano will not apply except you can prove that the British parent cannot care for the child, like mental illness, or domestic abuse, dead....so you need to prove that the British partner can't care for the child or zambrano will not apply...(and the reason cannot be financial)...

Thanks evie for ur response. But if u look at joint primary carers of a british citizen under zambrano. It states removing them means d british minor will be losing their union citizenship. How will a minor acquire citizenship if both carers have no status with respect to Zambrano principle. Its just confusing to me.[/quote]

When it comes to joint carers, they qualify if their child gets citizenship (when a kid is in the UK, he /she can get citizenship after 10 years), but if one is a citizen(a parent) then you have to prove why that parent cannot care for that child and financial reasons is not enough but if both parents do not have stay and their child has acquired citizenship (after10 yrs) then they qualify... If you read more about zambrano, you would understand what am saying more..

[bigboy2007]

When it comes to joint carers, they qualify if their child gets citizenship (when a kid is in the UK, he /she can get citizenship after 10 years), but if one is a citizen(a parent) then you have to prove why that parent cannot care for that child and financial reasons is not enough but if both parents do not have stay and their child has acquired citizenship (after10 yrs) then they qualify... If you read more about zambrano, you would understand what am saying more..[/quote]

Thanks much evie for your explanation. Am just surprised my friend and his partner received COA from hme office which states right to work, despite d children not being british but they were born in UK. Also has all the forum members left dis site, I cant see any more correspondence since d last time you explained the zambrano principle to me last weekend. I enjoy all ur inputs and advice rendered. Thanks once again

[Topsibelle]

Hello bigboy2007,

I think your friend has not been entirely honest with you. They can't get COA if they have no EEA link. How old are his children? My hubby and I are overstayers but our daughter was 10 in April so we registered her as British citizen....there's a form for that. form T and she was granted citizenship. We are applying for Zambrano bc we are parents of British citizen. So like Evie said, FL(o) is your best option. I'm very certain you can't be removed but you need to make yourself known to the system in order to regularise your stay. All the best.

[evie233]

When it comes to joint carers, they qualify if their child gets citizenship (when a kid is in the UK, he /she can get citizenship after 10 years), but if one is a citizen(a parent) then you have to prove why that parent cannot care for that child and financial reasons is not enough but if both parents do not have stay and their child has acquired citizenship (after10 yrs) then they qualify... If you read more about zambrano, you would understand what am saying more..

Thanks much evie for your explanation. Am just surprised my friend and his partner received COA from hme office which states right to work, despite d children not being british but they were born in UK. Also has all the forum members left dis site, I cant see any more correspondence since d last time you explained the zambrano principle to me last weekend. I enjoy all ur inputs and advice rendered. Thanks once again[/quote]


Yeah,since so many people were refused, they had to leave, probably to flro forum, but I haven't been granted yet, but who knows I might just do the same if I don't get my zambrano... This forum has been deserted now and its sad that only wiggsy and a few others who were granted still comment..

[evie233]

Hello bigboy2007,

I think your friend has not been entirely honest with you. They can't get COA if they have no EEA link. How old are his children? My hubby and I are overstayers but our daughter was 10 in April so we registered her as British citizen....there's a form for that. form T and she was granted citizenship. We are applying for Zambrano bc we are parents of British citizen. So like Evie said, FL(o) is your best option. I'm very certain you can't be removed but you need to make yourself known to the system in order to regularise your stay. All the best.

You wrapped it in a nutshell!

[bigboy2007]

Hello bigboy2007,

I think your friend has not been entirely honest with you. They can't get COA if they have no EEA link. How old are his children? My hubby and I are overstayers but our daughter was 10 in April so we registered her as British citizen....there's a form for that. form T and she was granted citizenship. We are applying for Zambrano bc we are parents of British citizen. So like Evie said, FL(o) is your best option. I'm very certain you can't be removed but you need to make yourself known to the system in order to regularise your stay. All the best.

Thanks much much topsibelle, as per my friend, I knew when he packaged d application with original birth certificates of the two kids with letter frm Gp/School, family photos, school reports for d kids, proof of address for himself and partner and basically dat was it. I knw d children were born in UK, but dey dnt hve british P. More reason am confused, since its stated carers of British citizens. I wish him luck and positive result. The flro application package for me with 4 dependants is much. Thats d scare for me. Thanks once again

[bigboy2007]

You wrapped it in a nutshell![/quote]

Good morning evie, first of all I need u to be optimistic for a positive result regarding ur zambrano application. U will testify d good news on this forum. My main issue regarding my flr o application like I informed topsibelle is d huge amt involved. I dnt hve steady job likewise my partner. The necessary paperwork to present for a good job is lacking. Am like in a limbo, reason for considering d zambrano cause d fee is very reasonable. Pls tell wigsy kofi and d rest to come back. I miss all their contributions to d forum. Stay blessed.