Updates on Zambrano applications

[Babz]

I'm sorry to bring this sad news, I wish I could give news that would encourage those who are waiting.

My zambrano application has been refused , the reasons for the refusal are :
- there is insufficient evidence to show that the British child would be unable to remain in the uk /EEA if you were forced to leave.
-You have failed to provide evidence on why the father is not in position to care for the British child
-you have not provided evidence to show how you financially support the British child and yourself
Then they go on about the art 8 and appeal, they have also kept my passport.

I know I have to appeal but how can one prove that the father is not in the position to care for his child, we are not in communication and don't know his whereabouts .
I was given 10 days to appeal.
I would appreciate any advice.
All the best for those still waiting ,

Many thanks

Sorry to hear about this. I know it's had to take but just take it as a minor set-back. I'll advice you seek a specialist/solicitor's advice. Or anyone on this forum with such experience should please advice.

[labelle]

@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.

Hi mam2,

It was dated 30 march , received today.

[labelle]

I'm sorry to bring this sad news, I wish I could give news that would encourage those who are waiting.

My zambrano application has been refused , the reasons for the refusal are :
- there is insufficient evidence to show that the British child would be unable to remain in the uk /EEA if you were forced to leave.
-You have failed to provide evidence on why the father is not in position to care for the British child
-you have not provided evidence to show how you financially support the British child and yourself
Then they go on about the art 8 and appeal, they have also kept my passport.

I know I have to appeal but how can one prove that the father is not in the position to care for his child, we are not in communication and don't know his whereabouts .
I was given 10 days to appeal.
I would appreciate any advice.
All the best for those still waiting ,

Many thanks

Sorry to hear about this. I know it's had to take but just take it as a minor set-back. I'll advice you seek a specialist/solicitor's advice. Or anyone on this forum with such experience should please advice.

Thank you Babz for your kind words.

[Babz]

I'm sorry to bring this sad news, I wish I could give news that would encourage those who are waiting.

My zambrano application has been refused , the reasons for the refusal are :
- there is insufficient evidence to show that the British child would be unable to remain in the uk /EEA if you were forced to leave.
-You have failed to provide evidence on why the father is not in position to care for the British child
-you have not provided evidence to show how you financially support the British child and yourself
Then they go on about the art 8 and appeal, they have also kept my passport.

I know I have to appeal but how can one prove that the father is not in the position to care for his child, we are not in communication and don't know his whereabouts .
I was given 10 days to appeal.
I would appreciate any advice.
All the best for those still waiting ,

Many thanks

Sorry to hear about this. I know it's had to take but just take it as a minor set-back. I'll advice you seek a specialist/solicitor's advice. Or anyone on this forum with such experience should please advice.

Thank you Babz for your kind words.

You are welcome.Seriously, I still don't understand why HO is making this application hell for people.It's quite easy and straight forward in Ireland.You only need to show you live with your child in the same address and provide letter(s) of support from your child's GP or creche/nursery/school. UKBA is evil

[mam2]

Hi labelle,
I asked a solicitor a few minutes ago and she said if you cannot find the child's dad, that is your proof. It was a brief relationship, and he made the child's passport to cover up his shame of not looking after the child. You cannot do anymore to prove on paper. However, she said you can explain better in court of appeal.
I hope it helps. She was of the view that no one can prove the child's British parent can care for the child when in actual fact, you cannot even find him.
Take heart. It is well. Nyame wo ho labelle. Nsuro.

[mam2]

@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.

Hi mam2,

It was dated 30 march , received today.

Oh, I see, so they work on Saturday too. Doing overtime to clear backlogs? Lol
Sometimes, I feel they backdate letters/decisions to cover up their inefficiency.

[kofi75]

Take heart my sister,it is well.Court is the best place for all Zambrano cases as the HO are not ready to issue any DRC yet.A judge will look at the evidence at hand and the fact that you are the dorminant carer.don't forget to send the case law of omutunde with your appeal bundle.you will have the opportunity to defend yourself before a judge.you remember i talked about the financial responsibility last two weeks

[Babz]

@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.

Hi mam2,

It was dated 30 march , received today.

Oh, I see, so they work on Saturday too. Doing overtime to clear backlogs? Lol
Sometimes, I feel they backdate letters/decisions to cover up their inefficiency.

HO once called my sister during the Easter bank holiday in 2010...

[labelle]

Hi labelle,
I asked a solicitor a few minutes ago and she said if you cannot find the child's dad, that is your proof. It was a brief relationship, and he made the child's passport to cover up his shame of not looking after the child. You cannot do anymore to prove on paper. However, she said you can explain better in court of appeal.
I hope it helps. She was of the view that no one can prove the child's British parent can care for the child when in actual fact, you cannot even find him.
Take heart. It is well. Nyame wo ho labelle. Nsuro.

Meda wo ase , I intend to appeal, thank you for the infos it is well. if you can add more evidence to your application , please do so.

[evie233]

Take heart my sister,it is well.Court is the best place for all Zambrano cases as the HO are not ready to issue any DRC yet.A judge will look at the evidence at hand and the fact that you are the dorminant carer.don't forget to send the case law of omutunde with your appeal bundle.you will have the opportunity to defend yourself before a judge.you remember i talked about the financial responsiility last two weeks

So sorry about all these disappointing news , I really dont know what to say,... I will keep praying for good news, we will smile soon, by God's grace...

[labelle]

@labelle,
Pls when was refusal date and when did you receive it? I just want to know if I can submit further evidence.

Hi mam2,

It was dated 30 march , received today.

Oh, I see, so they work on Saturday too. Doing overtime to clear backlogs? Lol
Sometimes, I feel they backdate letters/decisions to cover up their inefficiency.

I saw it as well, it was a saturday.it seems strange .

[labelle]

Take heart my sister,it is well.Court is the best place for all Zambrano cases as the HO are not ready to issue any DRC yet.A judge will look at the evidence at hand and the fact that you are the dorminant carer.don't forget to send the case law of omutunde with your appeal bundle.you will have the opportunity to defend yourself before a judge.you remember i talked about the financial responsibility last two weeks

thank you Kofi, you surely did talk about it , but I dont have the facilities to set accounts online at the moment , is there another way to prove my child depend on me financially?
omotunde? I will search for it .They gave me only 10 days to appeal . can someone clarify please, is the countdown from the date of issue?

[kofi75]

Financial dependency is always difficult to prove.But as long as your child is a member of your household,dependency is automatic.Mothers are natural carers of a child and secondly after the court of appeal ruling of ZH Tanzania,the Ukba has been place under duty call to give a primary consideration to the best interest of the child in any case that involves a British Citizen child.This is in Section 55 of the border act 2009.
That is what the judges use in deciding cases involving British citizen minor.It is definitely not in the best interest of a child to detach him from the parent on whom he is dependent on in exercising his european citizenship rights and be given to the other parent who is not involved in the child upbringing.
Check the case law of Omutunde,it will help you build your case in the appeal bundle.It starts from the day you receive it.Just try to be fast about it,as you can send further evidence after.Special delivery pls

[kofi75]

@labelle,sent the caselaw into your email.can print it out

[labelle]

Financial dependency is always difficult to prove.But as long as your child is a member of your household,dependency is automatic.Mothers are natural carers of a child and secondly after the court of appeal ruling of ZH Tanzania,the Ukba has been place under duty call to give a primary consideration to the best interest of the child in any case that involves a British Citizen child.This is in Section 55 of the border act 2009.
That is what the judges use in deciding cases involving British citizen minor.It is definitely not in the best interest of a child to detach him from the parent on whom he is dependent on in exercising his european citizenship rights and be given to the other parent who is not involved in the child upbringing.
Check the case law of Omutunde,it will help you build your case in the appeal bundle.It starts from the day you receive it.Just try to be fast about it,as you can send further evidence after.Special delivery pls

Thank you so much kofi, I will do that and send it as soon as possible.

[kiss300]

sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u

[evie233]

Can I ask please, is it possible to reapply after being refused, with more documents? Or is it just a one chance application?

[Babz]

Can I ask please, is it possible to reapply after being refused, with more documents? Or is it just a one chance application?

You can always re-apply.

[evie233]

Can I ask please, is it possible to reapply after being refused, with more documents? Or is it just a one chance application?

You can always re-apply.

Oh ok, thanks... Just checking my options incase I get refused too

[kiss300]

sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u

i need help with this. thank you

[kofi75]

@kiss300,yeah that form is a DRF 1 forms.they send it to all Zambrano applicants

[mam2]

@labelle,
Can you private mail me your email address .
And Kofi75 too. Pls.

[kofi75]

@mam2,i ve sent you my email ad

[labelle]

sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u

i need help with this. thank you

Hi kiss 300,

Yes they did ask the 2 pictures and the new form as well. Hope it helps.

[labelle]

@labelle,
Can you private mail me your email address and I will send you some documents to help with your appeal.
And Kofi75 too. Oh, you have already sent yours.

Mam2 , check your pm , many thanks.