Updates on Zambrano applications

[wiggsy]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.

[Prince74]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.

Anyone that has made application on the basis of Zambrano should not expect to be granted by the UKBA.

[kiss300]

sorry about that mikilo2008, my heart is pounding right now. but i pray its going to be all right. did you add bank statement, payslips etc. cos with mine i added bank statement, payslips that i work and pay for my child.

Mikilo2008 all is well ok. at least you can appeal. you will be fine

[kiss300]

@miliko2008

how long did it take for them to make the decision after they wrote to you that they were going to make a decision?

[evie233]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.

Anyone that has made application on the basis of Zambrano should not expect to be granted by the UKBA.

So prince, what do you suggest we do? Just wait for refusals and appeal? this is just horrible...

[Prince74]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.

Anyone that has made application on the basis of Zambrano should not expect to be granted by the UKBA.

So prince, what do you suggest we do? Just wait for refusals and appeal? this is just horrible...

Just wait for refusal and then appeal the refusal. Zambrano is a new territory and it is the Appeals Tribunal that would clarify whether the UKBA's interpretation is right or wrong. I would advice anybody that has the money to also apply for FLR(O) on human right ground. Even if Zambrano application is successful, it would not lead to ILR.

[wiggsy]

Anyone that has made application on the basis of Zambrano should not expect to be granted by the UKBA.

thats exactly my point... unlike most zambrano, miliko is in a different situation, just like my wife.

I would advice anybody that has the money to also apply for FLR(O) on human right ground. Even if Zambrano application is successful, it would not lead to ILR.

Until its challenged on the basis of discrimination... - once challenged im 99% sure it would be changed... - also, dont forget the 20 year long residence rule....
http://www.freemovement.org.uk/2012/08/ ... residence/

also, i believe this is still relevant: http://www.freemovement.org.uk/2012/08/ ... new-rules/

[mikilo2008]

@miliko2008

how long did it take for them to make the decision after they wrote to you that they wee going to make a decision?

One week. I didn't add payslips or bank statement because I am an overstayer since 2007 and I haven't being working. I only added a letter from a friend stating that he supports me with 30pounds every week. This was a suggestion by my lawyer and was one of the reasons for refusal tat support is coming from somewhere who can cater for the child even when I leave the UK because the amount is too small to sustain both of us.

[mikilo2008]

[quote="wiggsy"]remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.[/quote

Yes thank God I have something to fall back on. Do u think I should ignore the appeal and just make the fresh application or I should treat the appeal and still apply for the EEA2. At the moment because he just relocated to the uk less than 6 months we are still building account and getting all the necessary documents to apply as a self employed. I have read the EEA section as well and they seems to be rejecting those applying as self employed. I want to make sure I get all the documents right and then apply. My passport was with held as well but that of my daughter was returned. My solicitor said I have 15 days to appeal and if am making a fresh application as a spouse it also has to be within the 15days. I dnt think he is right . What do u think?

[wiggsy]

Yes thank God I have something to fall back on. Do u think I should ignore the appeal and just make the fresh application or I should treat the appeal and still apply for the EEA2. At the moment because he just relocated to the uk less than 6 months we are still building account and getting all the necessary documents to apply as a self employed. I have read the EEA section as well and they seems to be rejecting those applying as self employed. I want to make sure I get all the documents right and then apply. My passport was with held as well but that of my daughter was returned. My solicitor said I have 15 days to appeal and if am making a fresh application as a spouse it also has to be within the 15days. I dnt think he is right . What do u think?

considering appeal is £140, (or £80 for paper) i would say forget zambrano - like i said before, you qualify as a EEA spouse, registration is free...

PREVIOUS IMMIGRATION HISTORY MEANS NOTHING!

save your money and apply on the basis that you are the spouse of an eea excersising treaty rights.

there is no time limit on when to apply.

write to rob whitemans office, see my above messages. they cannot withhold your passport it is against the law! The passport is YOUR property... did your solicitor say that passport is being withheld in letter... tell him you want to take that to JR... legal aid can cover that (you said you have LSC certificate already? - it should cover that as its part of the ongoing case...)

the 15 day time limit may have something to do with your legal aid certificate mind... but you do not need a solicitor to help with application... anybody can deal with them... just a solicitor is helpful if it needs to go to court...

[sarahassy]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.[/quote

Yes thank God I have something to fall back on. Do u think I should ignore the appeal and just make the fresh application or I should treat the appeal and still apply for the EEA2. At the moment because he just relocated to the uk less than 6 months we are still building account and getting all the necessary documents to apply as a self employed. I have read the EEA section as well and they seems to be rejecting those applying as self employed. I want to make sure I get all the documents right and then apply. My passport was with held as well but that of my daughter was returned. My solicitor said I have 15 days to appeal and if am making a fresh application as a spouse it also has to be within the 15days. I dnt think he is right . What do u think?

so sorry to hear this,I have lost energy and become speechless.Iknow my decision is around the corner.

[wiggsy]

so sorry to hear this,I have lost energy and become speechless.Iknow my decision is around the corner.

As im sure my wifes is... I am expecting it to be turned down... but the next message will be "Right, Issue removal instructions in that case!" (although, not everyone CAN or SHOULD challenge them )

[sarahassy]

so sorry to hear this,I have lost energy and become speechless.Iknow my decision is around the corner.

As im sure my wifes is... I am expecting it to be turned down... but the next message will be "Right, Issue removal instructions in that case!" (although, not everyone CAN or SHOULD challenge them )

No one on this forum has got DRC dIrectly from UKBA.This means their is some thing wrong.eg if your teach students how to work out compound interest, at the end of the year no one pass any question abt compound interest, it means they didn't understand you.If all Zambrano applications are failing there is a prob!

[mam2]

so sorry to hear this,I have lost energy and become spNo one on this forum has got DRC dIrectly from UKBA.This means their is some thing wrong.eg if your teach students how to work out compound interest, at the end of the year no one pass any question abt compound interest, it means they didn't understand you.If all Zambrano applications are failing there is a prob!

None that I know of. Someone said two people but he did not get back to give their circumstances when we asked him to. We can count on that. We will wait and see.

[sarahassy]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.

Anyone that has made application on the basis of Zambrano should not expect to be granted by the UKBA.

Prince when is your appeal?

[sarahassy]

True to their word they made a decision concerning my case but its
A bad news. I have being refused. My solicitor just called me now to inform me and that he has posted the copy of my refusal to me. He said I was given the right to appeal within 15 days. The letter was dated. 15th of April. He briefed me that then reasons of refusal is that her dad is still in the uk or a family member that can take care of her. That if I leave the uk there would be someone to take care of her despite the fact that I emphasised that her dad is not part of her life and we dnt know his we're about. They also said I how have I being taking care of the child because I cannot work that means support is coming from some where. Infant I will wait till I see the letter I will paste all the reasons for refusal here. Can u imagine after pushing them to make a decision for almost two years of waiting its still a refusal

Thinking how, I'm going to help my students tomorrow after seeing all this bad news on the forum.They will be calling Miss I need help when I am thinking abt my Zambrano appli'

[mikilo2008]

Yes thank God I have something to fall back on. Do u think I should ignore the appeal and just make the fresh application or I should treat the appeal and still apply for the EEA2. At the moment because he just relocated to the uk less than 6 months we are still building account and getting all the necessary documents to apply as a self employed. I have read the EEA section as well and they seems to be rejecting those applying as self employed. I want to make sure I get all the documents right and then apply. My passport was with held as well but that of my daughter was returned. My solicitor said I have 15 days to appeal and if am making a fresh application as a spouse it also has to be within the 15days. I dnt think he is right . What do u think?

considering appeal is £140, (or £80 for paper) i would say forget zambrano - like i said before, you qualify as a EEA spouse, registration is free...

PREVIOUS IMMIGRATION HISTORY MEANS NOTHING!

save your money and apply on the basis that you are the spouse of an eea excersising treaty rights.

there is no time limit on when to apply.

write to rob whitemans office, see my above messages. they cannot withhold your passport it is against the law! The passport is YOUR property... did your solicitor say that passport is being withheld in letter... tell him you want to take that to JR... legal aid can cover that (you said you have LSC certificate already? - it should cover that as its part of the ongoing case...)

the 15 day time limit may have something to do with your legal aid certificate mind... but you do not need a solicitor to help with application... anybody can deal with them... just a solicitor is helpful if it needs to go to court...

Okay thanks a lot, I don't know if its stated in the refusal letter that they have withheld my passport but my solicitor said they only returned my daughters
Passport. When I recieve the letter tomorrow I will let you know. Since they have my passport do you reckon I request for it back before applying as an EEa spouse or I should write a covering letter that my passport is with them when making the application

[sarahassy]

Yes thank God I have something to fall back on. Do u think I should ignore the appeal and just make the fresh application or I should treat the appeal and still apply for the EEA2. At the moment because he just relocated to the uk less than 6 months we are still building account and getting all the necessary documents to apply as a self employed. I have read the EEA section as well and they seems to be rejecting those applying as self employed. I want to make sure I get all the documents right and then apply. My passport was with held as well but that of my daughter was returned. My solicitor said I have 15 days to appeal and if am making a fresh application as a spouse it also has to be within the 15days. I dnt think he is right . What do u think?

considering appeal is £140, (or £80 for paper) i would say forget zambrano - like i said before, you qualify as a EEA spouse, registration is free...

PREVIOUS IMMIGRATION HISTORY MEANS NOTHING!

save your money and apply on the basis that you are the spouse of an eea excersising treaty rights.

there is no time limit on when to apply.

write to rob whitemans office, see my above messages. they cannot withhold your passport it is against the law! The passport is YOUR property... did your solicitor say that passport is being withheld in letter... tell him you want to take that to JR... legal aid can cover that (you said you have LSC certificate already? - it should cover that as its part of the ongoing case...)

the 15 day time limit may have something to do with your legal aid certificate mind... but you do not need a solicitor to help with application... anybody can deal with them... just a solicitor is helpful if it needs to go to court...

Okay thanks a lot, I don't know if its stated in the refusal letter that they have withheld my passport but my solicitor said they only returned my daughters
Passport. When I recieve the letter tomorrow I will let you know. Since they have my passport do you reckon I request for it back before applying as an EEa spouse or I should write a covering letter that my passport is with them when making the application

I think you can go ahead and make your new application, they will write to you that they need your passport, then you will use that letter to ask for your passport

[mikilo2008]

Okay thanks. I pray your outcome will be a positive one in Jesus name. Just keep praying and hope for the best

[mam2]

Please guys, could we give our updates regarding Zambrano applications on this post. This is for the benefit of those affected, lets share our Zambrano issues on this post. Thanks.

Daddy.

@daddy
We haven't heard from you for a while now,if I'm right. You started the zambrano thread and from your post, you sounded like a zambrano applicant yourself. Have you had any decision yet?
Will love to hear your story too.

[GLH2012]

True to their word they made a decision concerning my case but its
A bad news. I have being refused. My solicitor just called me now to inform me and that he has posted the copy of my refusal to me. He said I was given the right to appeal within 15 days. The letter was dated. 15th of April. He briefed me that then reasons of refusal is that her dad is still in the uk or a family member that can take care of her. That if I leave the uk there would be someone to take care of her despite the fact that I emphasised that her dad is not part of her life and we dnt know his we're about. They also said I how have I being taking care of the child because I cannot work that means support is coming from some where. Infant I will wait till I see the letter I will paste all the reasons for refusal here. Can u imagine after pushing them to make a decision for almost two years of waiting its still a refusal

This is quite sad mikilo2008, sorry to hear about the refusal. Am really disillusioned now.. You are better off with the EEA2 application.
I wish i applied for the Article 8 one as well. Its sad, after waiting for nearly 2 years, one will have to go through appeal before probably getting DRC, or another 6 months for EEA2 in your case or go and queue for 'Parent of a child in the UK' in my case, as that seems to be the only alternative if Zambrano fails. See all the time wasting and with all of UKBA in shambles. I really feel stuck and need to travel out of the UK for a breather and i cannot do that without winning this battle first. God help us all.

[Prince74]

remember: since your now married to an EEA national, with proof that it is not a marriage of convenience (child together) they cannot do anything...

DONT WORRY! - much like my wife you are in a much happier situation than a lot of zambrano cases - by where their attempts at removal will fail for obvious reasons. (IE: Directive 2004/38/EC) - albeit that if they remove my wife we will need to come back via europe. its an easy task - and one we would of done already if they released her passport.

Anyone that has made application on the basis of Zambrano should not expect to be granted by the UKBA.

Prince when is your appeal?

Appeal forms were submitted to the First-Tier Tribunal on April 4th, we are yet to hear from them. In the meantime, we have written to the UKBA about the deficient nature of their decision not to have made a decision on whether or not I am my wife's carer in their refusal letter.

[kiss300]

@mikilo2008

i would advice that now you have a COA you should find a job, even cleaning it doesnt matter and do to get a payslip and get bank statement. while waiting for the appeal. so that u can show it to them(OH) that you are working and can take care of ur child. I BELIEVE it will help

i hope this helps

[Prince74]

@mikilo2008

i would advice that now you have a COA you should find a job, even cleaning it doesnt matter and do to get a payslip and get bank statement. while waiting for the appeal. so that u can show it to them(OH) that you are working and can take care of ur child. I BELIEVE it will help

i hope this helps

I worked with my COA and provided payslips, but it did not stop the UKBA from refusing the application. Bunch of losers, I call them !

[kiss300]

@price74

did you add a bank statement?