Zambrano applications update (2012)

[justice12]

Hi guys, I am new in here ,My experience is that, I submitted my EEA2 application under Zambrano ruling with my solicitor in november, my wife she is british citizen and my daughter she is british too , my wife she is working full time but she is on maternity leave just now

[Obie]

In light of Dereci i think the HO will not be eager to issue you a COA or a right of residence under zambrano, but taking into account zh Tanzania, article 8 you may succeed in getting a DLR.

Regulations have not been put in place yet to give effect to Zambrano, it was promised that it will be in place by the end of last year at the earliest. But this did not materialise.

I will advice you to relax and exercise patience

[justice12]

[quote="Obie"]In light of Dereci i think the HO will not be eager to issue you a COA or a right of residence under zambrano, but taking into account zh Tanzania, article 8 you may succeed in getting a DLR.

Regulations have not been put in place yet to give effect to Zambrano, it was promised that it will be in place by the end of last year at the earliest. But this did not materialise.

I will advice you to relax and exercise patience[/quote]
Hi obie , but dereci his wife wasn't working !!! so do i need to reapply under zh tanzania or what ??? so means I have done it wrong to apply under zambrano ?? pleas help

[Obie]

The thing about the Deceri judgement is, it establish that if one of the parents are UK national, then Zanbrano cannot apply as child will stay with british national.

However it states that in such cases regards should be had to ECHR(article or charter if fundamental rights which will involve consideration to the best interest of the child.

I wish you success and would advice not to worry about this until legislation are put in place.

You solicitor should be able to handle these issues.

[justice12]

[quote="Obie"]The thing about the Deceri judgement is, it establish that if one of the parents are UK national, then Zanbrano cannot apply as child will stay with british national.

However it states that in such cases regards should be had to ECHR(article or charter if fundamental rights which will involve consideration to the best interest of the child.

I wish you success and would advice not to worry about this until legislation are put in place.

You solicitor should be able to handle these issues.[

Thanks again (obie) my be I sould have applyed for the eea2 normal and not to involve my daughter !! as I am married to a british citizen and she is working full time ?? thanks

[Obie]

I believe you forwarded the right application and few months back i would not have doubted your chances of success.

You have taken the right step and even if the application is refused, you will have a right of appeal as it is an EEA decision, even though i am minded that provisions have yet to be made in the EEA regulations for Zambrano cases.

At appeal you can put forwarded points that are favourable to you including best interest of children. It may not get to that as Home Office may issues DLR given the potential success at an appeal.

You will not have qualified on the basis of your wife as she has never resided, to my knowledge, as a worker or self employed person in an EEA state in which you resided with her as man and wife.

[justice12]

[quote="Obie"]I believe you forwarded the right application and few months back i would not have doubted your chances of success.

You have taken the right step and even if the application is refused, you will have a right of appeal as it is an EEA decision, even though i am minded that provisions have yet to be made in the EEA regulations for Zambrano cases.

At appeal you can put forwarded points that are favourable to you including best interest of children. It may not get to that as Home Office may issues DLR given the potential success at an appeal.

You will not have qualified on the basis of your wife as she has never resided, to my knowledge, as a worker or self employed person in an EEA state in which you resided with her as man and wife.[/quote]

NO you got me all wrong !!! my wife she is british national and she never stopt working in her life ! she is on maternity leave just now but she going back to work next month . thanks obie for the help.

[Obie]

I did not get you wrong . I believe your wife has never worked in an EEA country besides the UK. If that is the case, you do not qualify to apply on EEA 2 on the basis of your relatioinship.

I understand she worked in UK, but she did not work for example in France or Germany and you never resided with her in any of these countries

[justice12]

[quote="Obie"]I did not get you wrong . I believe your wife has never worked in an EEA country besides the UK. If that is the case, you do not qualify to apply on EEA 2 on the basis of your relatioinship.

I understand she worked in UK, but she did not work for example in France or Germany and you never resided with her in any of these countries[/quote]

yes that's right ! SO in your point what application should I have used to apply ???? please thanks.

[Rolfus]

Dereci is going to be challenged because it contains two logical inconsistencies (at least).
The first is that Zambrano talks about denial of rights (plural) conferred by EU Citizenship.The right to reside in the EU as a whole is not the only such right, Freedom of Movement is another.
Secondly, national law in the Czech Republic (and perhaps also in other states) recognises parents as family members with a right of residence. So any parent of any EU citizen child can live in the Czech Republic with that child. So no Zambrano child would ever have to leave the whole territory of the EU.

[justice12]

Hi guys any new update for zambrano applications !! any one up there got the COA yet ???

[justice12]

I sent an email to ukba last thursday and they reply after 3 hours saying :
(According to our records, your documents were despatched from our office on 4 February. These documents were sent via second class mail so will take a few days to reach you ) and when i phoned my lowyer on the friday he did not recieve anything yet !!! that weird coz is been now 8 days since this document been despatched ! and i dont know what sort of document he meant !! is it my RC ? i hope god make it a good news for me.

[EMMANZ]

Hi Justice12 can you let us know when you received the documents please. I'm in a similar situation, i applied about Sept last year and i haven't heard anything from the ukba since. My solicitor said i should wait and be patient

[justice12]

[quote="EMMANZ"]Hi Justice12 can you let us know when you received the documents please. I'm in a similar situation, i applied about Sept last year and i haven't heard anything from the ukba since. My solicitor said i should wait and be patient[/quote]

I did sent another email and they reply : (I have just sent an email to your representative advising that your documents were despatched from our office, to your address via second class mail. In our experience, some such packages can take up to 5 weeks to arrive )

I dont know why they are sending the documents to my address and not to my lawyer !!!! and what sort of documents they are !!!!! god knows .

[GLH2012]

Hi Justice12 can you let us know when you received the documents please. I'm in a similar situation, i applied about Sept last year and i haven't heard anything from the ukba since. My solicitor said i should wait and be patient

I did sent another email and they reply : (I have just sent an email to your representative advising that your documents were despatched from our office, to your address via second class mail. In our experience, some such packages can take up to 5 weeks to arrive )

I dont know why they are sending the documents to my address and not to my lawyer !!!! and what sort of documents they are !!!!! god knows .

Lets just hope for the best for you... a response at least. If its your COA, that means your application meets the initial scope of Zambrano and when the regulations are amended to include the Zambrano judgement, you can look forward to hopefully being issued with the RC. All the best!

[justice12]

09

[sarahassy]

Hi guys my zambrano aplication been rejected !!!
I'am a father to 6 month old british girl and
A husband to a british national who she is worcking full time, and I'm a sole carer of my daughter , now my application been rejected and this is what they say .

(iIn the interim, it has been agreed that application will be accepted into the busines where a person can demonstrate that they potentially meet the scope of ruiz zambrano, this means that the applicant must demonstrate that they are:
- the sole carer of dependent british citizen
-removing them from the uk would mean the british citizen would also have to leave the european union.
the document submitted in support of your application indicate that you are in the relationship with british citizen, however,there is insufficient evidence to suggest that removal from the UK would result in the british citizen being required to leave the E U.
I am therefor returning these document to you with this letter . )

Now please can some modirator advise me what to do next and how to reaply again, and what sort of ruling i need to reaply as a zambrano doz not apply to me !!!!
I'am so angry as they wasted me 3 month of waiting !!
and my lawyer his not good as hi is the one who suggest to apply under zambrano witch is not apply to me !!
now can somebody help me as i'm going to reaply by my self this time and hope i will doit better then my lawyer ,thanks

sorry for that bad news but i think DLR will work for u,u can do some resarch abt it.

[Obie]

Hi guys my zambrano aplication been rejected !!!
I'am a father to 6 month old british girl and
A husband to a british national who she is worcking full time, and I'm a sole carer of my daughter , now my application been rejected and this is what they say .

(iIn the interim, it has been agreed that application will be accepted into the busines where a person can demonstrate that they potentially meet the scope of ruiz zambrano, this means that the applicant must demonstrate that they are:
- the sole carer of dependent british citizen
-removing them from the uk would mean the british citizen would also have to leave the european union.
the document submitted in support of your application indicate that you are in the relationship with british citizen, however,there is insufficient evidence to suggest that removal from the UK would result in the british citizen being required to leave the E U.
I am therefor returning these document to you with this letter . )

Now please can some modirator advise me what to do next and how to reaply again, and what sort of ruling i need to reaply as a zambrano doz not apply to me !!!!
I'am so angry as they wasted me 3 month of waiting !!
and my lawyer his not good as hi is the one who suggest to apply under zambrano witch is not apply to me !!
now can somebody help me as i'm going to reaply by my self this time and hope i will doit better then my lawyer ,thanks

There is a body of caselaws developing in this area of law, so you should not necessarily get upset with your solicitor.

I am sure he was working in your best interest, and felt that was the best route to take, but then Dereci came, and sort of diluted Zambrano a little bit, but it does not mean it made Zambrano meaningless.

I believe people in your situation, should demand a right of appeal from the HO. This idea of Sole carer or responsibility, was neither derived from Zambrano neither did it show up in Dereci.

It is a concept developed by UKBA, in my view for internal consumption.

Try and proceed with JR, and get them to give you a right of appeal.

If you proceed with that appeal, you will be able to further the argument of ZH Tanzania, Article 8 and other authourity that will support your case.

If you apply for DLR, there is a possibility it will be refused without a right of appeal, but if you insist you have a right to an independent review of the Secretary of state refusal, as you feel this breaches your right under community treaties, you will then be in a stronger position.

Try not to get too upset with the lawyer, and stay calm and think carefully.

I will repeat the advice i gave a few months back.

Also see Sanade and others (British children - Zambrano – Dereci) [2012] UKUT 00048 (IAC)

[EMMANZ]

hi Obie and Justice12, I also received my letter from them rejecting my application with the same reasons as yours. My lawyer is actually good but he said the court would agree with the HO if we were to take it there. Hes arranged an appointment to meet him so we could discuss what next we can apply for which is Article 8 but he said its a long process but better chances. Dont know what to do also. Any advice people.? He did mention Dereci and he said there is no need putting any Zambrano application forward to them that we should go straight to Article 8. but i would try and tell him to try what you said about making another application under zambrano and getting a right to appeal and maybe further the argument with ZH Tanzania. Any more advice?

[justice12]

[quote="EMMANZ"]hi Obie and Justice12, I also received my letter from them rejecting my application with the same reasons as yours. My lawyer is actually good but he said the court would agree with the HO if we were to take it there. Hes arranged an appointment to meet him so we could discuss what next we can apply for which is Article 8 but he said its a long process but better chances. Dont know what to do also. Any advice people.? He did mention Dereci and he said there is no need putting any Zambrano application forward to them that we should go straight to Article 8. but i would try and tell him to try what you said about making another application under zambrano and getting a right to appeal and maybe further the argument with ZH Tanzania. Any more advice?[/quote]

how can you can get un appeal under zambrano ? you mean apply with FLR (0) application ?

[EMMANZ]

I dont know how to do that because i havent seen my solicitor yet until monday. but Obie said Try and proceed with JR, and get them to give you a right of appeal.

If you proceed with that appeal, you will be able to further the argument of ZH Tanzania, Article 8 and other authourity that will support your case.

But what is JR ?

[justice12]

[quote="EMMANZ"]I dont know how to do that because i havent seen my solicitor yet until monday. but Obie said Try and proceed with JR, and get them to give you a right of appeal.

If you proceed with that appeal, you will be able to further the argument of ZH Tanzania, Article 8 and other authourity that will support your case.

But what is JR ? [/quote]

i think you can use the FLR application and send it back ?

[Obie]

JR is Judicial review. Using FLR in my view is a waste of money and might not achieve much. They could simply reject such application, tell you to go back to your country and give you no right of appeal. This is what they have been doing so far, and they are permitted to do so.

You could certainly try, but it is not certsin to succeed.

Dereci judgement provides assessment under Artiicle 7 of Fundamental rights or Article 8 of Convention rights, which has to be considered, even if there is no removal.

Furthermore i believe the word sole carer did not originate from Zambrano or Dereci.

[EMMANZ]

hi Obie can you reply to my post on i need help about it http://www.immigrationboards.com/viewto ... highlight=