Updates on Zambrano applications

Babz · Post by **Babz** » Fri May 17, 2013 11:27 am

evie233 wrote:Anyone gotten their DRC? Any news?

A friend of mine applied in Feb 2013 and got his this morning...

evie233 · Post by **evie233** » Fri May 17, 2013 11:34 am

Oh really? That's good news... Can you please ask your friend about her situation? If she will be willing to share

and did your friend apply in the UK? Or Ireland? Sorry for do many questions, I am just hungry for some good news

Babz · Post by **Babz** » Fri May 17, 2013 11:44 am

My advice to everyone applying under Zambrano is to think twice. I believe DRC is surer. A friend of mine applied in Feb 2013 and got his this morning. So, instead of just waiting, why not change your game.
What people don't understand is that before Zambrano, UKBA has been issuing residency to applicants thru DRC. So I believe what they are trying to say o people is apply thru DRC instead of Zambrano...
Zambrano application is free....but you'll definitely have to spend some money if your application goes to appeal or JC.....So in the end,you end up spending the money you initially didn't want to spend.
So think twice!

Babz · Post by **Babz** » Fri May 17, 2013 11:47 am

evie233 wrote:Oh really? That's good news... Can you please ask your friend about her situation? If she will be willing to share and did your friend apply in the UK? Or Ireland? Sorry for do many questions, I am just hungry for some good news

'He'..and he applied for DRC in the UK...His situation was just like most people. No papers etc....

mam2 · Post by **mam2** » Fri May 17, 2013 12:03 pm

At the moment DLR Is the best. A cousin of mine was refused zambrano same reason as everyone else but ukba adviced her to apply for DLR. She wad refused this week after waiting for a year. DLR is now quicker.

wiggsy · Post by **wiggsy** » Fri May 17, 2013 12:49 pm

#Sorry, im lost here...

DRC = Derivative Residence Card (which is the basic Zambrano ruling)

Do you refer to DLR (Discretionary Leave to Remain - which is on the Immigration rules? - and is not the same as the old "DLR" but is the "family life 10 year route")

also: https://www.whatdotheyknow.com/request/ ... ing-390853

Rob Whiteman is clearly still in power... And its now clear the other DG's who can be approached in addition... - See Annex B

Babz · Post by **Babz** » Fri May 17, 2013 12:58 pm

wiggsy wrote:#Sorry, im lost here...

DRC = Derivative Residence Card (which is the basic Zambrano ruling)

Do you refer to DLR (Discretionary Leave to Remain - which is on the Immigration rules?)

also: https://www.whatdotheyknow.com/request/ ... ing-390853

Rob Whiteman is clearly still in power... And its now clear the other DG's who can be approached in addition... - See Annex B

Oh dear...I must have been mixing them up..My bad..Thanks for pointing this out to me.
I meant Discretionary Leave to Remain (DLR)....
Yeah, DLR is better.....

wiggsy · Post by **wiggsy** » Fri May 17, 2013 1:08 pm

Babz wrote:Yeah, DLR is better.....

I agree. with the current standing, and the fact that the UK may end up leaving the EU... [where would this leave Zambrano DRC holders?]

Babz · Post by **Babz** » Fri May 17, 2013 1:12 pm

wiggsy wrote:
Babz wrote:Yeah, DLR is better.....
I agree. with the current standing, and the fact that the UK may end up leaving the EU... [where would this leave Zambrano DRC holders?]

True...But the UK can NEVER leave EU..It's all politics.The conservatives are trying to win back their votes from UKIP (whose main focus is immigration).
If UK leaves, the UK economy will come crashing like a pack of cards...EEA constitutes over 60% of the British market..

wiggsy · Post by **wiggsy** » Fri May 17, 2013 5:08 pm

Babz wrote: True...But the UK can NEVER leave EU..It's all politics.The conservatives are trying to win back their votes from UKIP (whose main focus is immigration).
If UK leaves, the UK economy will come crashing like a pack of cards...EEA constitutes over 60% of the British market..

true, and I know this... but its still "hard" to trust the politians...

Babz · Post by **Babz** » Fri May 17, 2013 7:17 pm

wiggsy wrote:
Babz wrote: True...But the UK can NEVER leave EU..It's all politics.The conservatives are trying to win back their votes from UKIP (whose main focus is immigration).
If UK leaves, the UK economy will come crashing like a pack of cards...EEA constitutes over 60% of the British market..
true, and I know this... but its still "hard" to trust the politians...

They've been singing this same old song since the days of Thatcher. I've lived here long enough to understand what this is all about.It's called politics. Elections are due 2015 and campaigns start next year.
Oh,have you asked yourself why they don't why Scotland to leave their union?And same GB wants to leave the EU?
Or,why can't Cameron hold referendum now?Why does he want it(if it even holds) after the 2015 elections?

sarahassy · Post by **sarahassy** » Tue May 21, 2013 6:06 am

kiss300 wrote:any news

Hi all,my application was refused
on the ground that I failed to show that the child's father can not look after his child.I need help, since I gave birth, my child 's father has not been in the country most of the time, bt how can I prove that even at the present he is nt.
Appeal form to be filled in today.

mam2 · Post by **mam2** » Tue May 21, 2013 7:21 am

Sorry to hear that Sarah. I'm likely to hear about mine this week. I'm prepared for anything now.

mam2 · Post by **mam2** » Tue May 21, 2013 8:56 am

@sarahassy,
Did they return both your passport and your child's? How do you intend to appeal, through a solicitor?

sarahassy · Post by **sarahassy** » Tue May 21, 2013 8:39 pm

mam2 wrote:@sarahassy,
Did they return both your passport and your child's? How do you intend to appeal, through a solicitor?

mine was retained.
yes I'm going to appeal through asolicitor.
All the reasons for refusal are the same they just change the name of the applicate.

mam2 · Post by **mam2** » Tue May 21, 2013 8:59 pm

Sarahassy, pls check your PM. Thanks.

marina4 · Post by **marina4** » Tue May 21, 2013 9:55 pm

Hello All!
Application refused today...
reason: my two children british passports were applied for by thier father , which implies that he is capable of catering for them in my absence.

Even, after clearly stated that am the sole carer.

kindly advice, i was thinking , instead of paying my solicitor almost 1,300
for appeal n feefor the appeal, would i not be better off simply applying as "A MOTHER OF A BRITISH CHILD" as this zambrano appeal, i do not really see what the solicitor is goin to say or do differently in the appeal that we did not include in the original application.

Thanks all

mam2 · Post by **mam2** » Tue May 21, 2013 10:10 pm

Marina4
From my understanding, you will be better off applying for EX1. If you think it will cost you that much. The problem is when appeal is allowed and you are still not able to provide the evidence, you might end up paying the home office their costs too. You can proceed with the article 8 and appeal as well. If you get your DLR before the appeal,just withdraw the appeal.
My thoughts.

wiggsy · Post by **wiggsy** » Wed May 22, 2013 1:34 am

still no word on my wifes application, since the request for further information.

(letters from physio, dr notes, prescriptions for myself sent off, along with letters about "in our opinion Mrs X is the primary carer" (obviously somebody cannot state "WE ARE 100% certain shes the primary carer"

Mam... you said about paying the home office fees? do you mean their legal charges or???

im 50/50 on whether to appeal... although irish visa application is sent off now...

like mentioned previously, if they said "nah, sorry" then at least you know. but the "false hope" is kinda worse...

mam2 · Post by **mam2** » Wed May 22, 2013 10:04 am

Wiggsy,
Yea,I mean their legal charges. If an appeal is lost, then appellant will have to pay home office legal costs right?
I've not heard anything either but I want to put in FLR(O) EX1.
Prince74 got his DLR granted. I know its individual circumstances but home office wants us to pay to get and not through EEA route.

GLH2012 · Post by **GLH2012** » Wed May 22, 2013 11:03 am

mam2 wrote:Wiggsy,
Yea,I mean their legal charges. If an appeal is lost, then appellant will have to pay home office legal costs right?
I've not heard anything either but I want to put in FLR(O) EX1.
Prince74 got his DLR granted. I know its individual circumstances but home office wants us to pay to get and not through EEA route.

Sorry Sarahassy and Marina4 for the refusal. mam2, true Prince74 was successful with his Article 8 application. I too want to apply for the Parent of a British citizen category but the fees are so high now for me with one dependent. Should i say that it is a good sign that the Home office are asking applicants to explore that option? One problem is the financial requirement where they seem not to accept third party sponsor ( I wonder what that means) cause family and friends have supported me all along.

progeny5kay · Post by **progeny5kay** » Wed May 22, 2013 11:15 am

Hi, I have made enquiry about this English test as I want to apply for DLR as a father of British children and partner of a British citizen, can anyone please tell me will I need the English test as I have been advised DLR don't need it

mam2 · Post by **mam2** » Wed May 22, 2013 11:25 am

Progenykay,
English test is needed for citizenship not for DLR. I will advise to seek advice from a solicitor and you can do the rest yourself. Yours will be different from ours as your partner is British. For parent of a British child,one parent has to be settled.

Marina4,
Double check what you want to apply for as the fees are high and you don't want it to go waste. With FLR(O) EX1 I don't think there is any financial requirement. I will check again myself as I'm not very sure.

GLH2012 · Post by **GLH2012** » Wed May 22, 2013 11:26 am

marina4 wrote:Hello All!
Application refused today...
reason: my two children british passports were applied for by thier father , which implies that he is capable of catering for them in my absence.

Even, after clearly stated that am the sole carer.

kindly advice, i was thinking , instead of paying my solicitor almost 1,300
for appeal n feefor the appeal, would i not be better off simply applying as "A MOTHER OF A BRITISH CHILD" as this zambrano appeal, i do not really see what the solicitor is goin to say or do differently in the appeal that we did not include in the original application.

Thanks all

Hi marina4, sorry you were refused but were you advised by the Home office about your article 8 rights? My former solicitors who i contacted 2.5years ago before i put in my Zambrano(through another solicitor) called me and said my application if i choose to proceed ( Article 8 ) is now within the rules and is highly likely to succeed. I am looking forward to applying. My suggestion is, if finance permits, put in the Article 8 and have your peace of mind. Zambrano is very tricky and they seem to be playing this game with applicant that seem to spell 'I DON'T CARE'

mam2 · Post by **mam2** » Wed May 22, 2013 11:44 am

I agree with you GLH2012. This category was introduced last year after we have put in our zambrano application so we were hopeful for zambrano. Now I think its ideal to apply for that. Home office normally advice applicants on their article 8 rights in zambrano refusal letters. If you had one such letter marina4, try to get financial help for the fees from families and friends and apply for article 8.

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