Flr fp refused appeal ???

[drinkamilk]

My flr fp refused 26january, have appeal my story is I came a visitor 26August2015 base of my british citizen eleven years old son who came to UK for education. I am so lose should I appeal with big cost or reapply it in my country ... My refused reasons 1) come as a visitor no more then six months 2) my british citizens ex husband and his parents can take care of my son. When my son little he moved to my country, before this year never see his father, just two years ago met his grandma one.... My son father now has a partner and two sons and no way can take my son,and his grandma remarried and she is working , so no chances to take care of my son too. Please any one can gives me more opinions should I go for it, I am so worry and lost. PLEASE and Thanks

[Wanderer]

So you're saying the father has no interest in the child?

[drinkamilk]

So you're saying the father has no interest in the child?

Hi wanderer my son father just want meet he son one or twice a month only ...

[Casa]

Why did you choose to send him to the UK to study at the age of 11 when you knew there was no one to care for him? You must have known that six month visitor visa wouldn't be sufficient to secure you long-term residency?

[drinkamilk]

Why did you choose to send him to the UK to study at the age of 11 when you knew there was no one to care for him? You must have known that six month visitor visa wouldn't be sufficient to secure you long-term residency?

Casa, because when my son turned 11 he is press of my country education and want to kill himself as he has Attention deficit hyperactivity disorder took pills when he isn't six , but now he in UK no need to take any pills now,he feel is much more happier then my country...

[Wise]

Hmm, I genuinely felt for you as this is serious. I strongly believed that your son have right to be here, but somebody has to look after him and that's a fact.When dealing with HO regarding any complex cases like this you need a very strong and good lawyer who knows what they're doing, your six month in UK to my view is too small, but that doesn't mean that you wont be allow to take care of him and they will make it not so easy to stay with him in other not to attract other people to do the same but it's a case that can be won by appealing in UK not outside UK.

Please don't separate yourself from your child by leaving him with somebody in UK you will be out of the case. If you don't have chance of succeeding they will not gave you UK appeal at all. Look for closest legal Aid or citizen advice bureau they might be of help and cost less. Don't give up you will be allowed I have seen many worst cases being granted by appealing.

Good Luck.

[drinkamilk]

Hmm, I genuinely felt for you as this is serious. I strongly believed that your son have right to be here, but somebody has to look after him and that's a fact.When dealing with HO regarding any complex cases like this you need a very strong and good lawyer who knows what they're doing, your six month in UK to my view is too small, but that doesn't mean that you wont be allow to take care of him and they will make it not so easy to stay with him in other not to attract other people to do the same but it's a case that can be won by appealing in UK not outside UK.

Please don't separate yourself from your child by leaving him with somebody in UK you will be out of the case. If you don't have chance of succeeding they will not gave you UK appeal at all. Look for closest legal Aid or citizen advice bureau they might be of help and cost less. Don't give up you will be allowed I have seen many worst cases being granted by appealing.

Good Luck.

Wise, I know came as visitor is not good, but all things came in sudden so I have to come in like this, if my son in my country no chance to success, as he not settle down in UK. If he in UK, HO will think your son has someone to look after,so no need I come over....I think my only option is go for appeal but like you said I will find more advice. Thank you very much

[Obie]

The appeal should succeed in light of the applicable law.

[drinkamilk]

My solicitor suggest me this ...

In addition to the option of appealing, you can also consider the option of applying for a derivate residence card on the basis of your role as the primary carer of your British son. An application under this option can be made inside the UK. However, you can’t get a derivative residence card if you have permission to reside in the UK. As you no longer have leave to enter, you may apply now. Your British son whom you care for must be in the situation that he would be unable to reside in the UK if you were required to leave.

A derivative residence card helps prove you have the right to live and work in the UK. You’re eligible if you’re living in the UK and you’re the primary carer of your British son. Being a ‘primary carer’ means you’re someone’s main carer. In theory you don’t actually have to get a derivative residence card, but it can:

help you re-enter the country quicker when you come back from abroad;
show employers you’re allowed to work in the UK;
show relevant authorities (eg your local council) that you’re allowed to live in the UK.

You can continue living in the UK for as long as you’re eligible, eg for as long the person you’re caring for lives in the UK. However, please note that you can’t count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK. This means you cannot acquire permanent residence on the basis of derivative right of residence.

When you apply for a derivative residence card you will need to provide:

Your current passport;
2 passport size colour photographs of yourself;
Your British son’s birth certificate;
Your British son’s passport size colour photograph x1;
Your son’s British Citizen passport and if available, certificate of registration as British citizen;
Your son’s school letters/reports, NHS letters, local education authority letters and if any, social services letters and other evidence of caring responsibilities;
Your most recent 6 months bank statements;
Your divorce certificate and evidence of custodial right of your son;
Two recent utility bills in your name with your current address;
Any other relevant information as may be advised.

The Home Office fee (DRF1 Zambrano category) for a derivative residence card is £65 in addition to £19.20 for a biometric enrolment processing fee. We only charge a one off legal fee of £720 inclusive of Vat. If you choose this route, you do not need to appeal the Home Office’s recent decision that refused your FLR application.

If you are outside the UK, you should apply for an EEA family permit instead and with the condition that you have a ‘derivative right of residence’ as the primary carer of your British child.

[Obie]

I think the lawyer just want to take you 720£.

Zambrano application will fail as the father is still around.

FLR (FP) seems the only appropriate application .

[drinkamilk]

I think the lawyer just want to take you 720£.

Zambrano application will fail as the father is still around.

FLR (FP) seems the only appropriate application .

oh they are too bad, Thank you Obie

[drinkamilk]

God, today talked to five solicitor, they all gives me so different options, I have no clue what should I do. If I appeal only got 50/50chances , if I apply zambrano, solicitor told me have 80-90%to success. And two of solicitor said you can't any success , you have to reapply in your country.... what a mess....I am going crazy very soon,and my deadline of apply appeal in this Friday....

[Obie]

I can safely say all of them are legally wrong.

It is strange that they said your appeal is 50%/50%

Zambrano can simply not succeed and if you proceed with it, I can assure you it will not succeed. Not even 50/50, not even 99/1.

[drinkamilk]

I can safely say all of them are legally wrong.

It is strange that they said your appeal is 50%/50%

Zambrano can simply not succeed and if you proceed with it, I can assure you it will not succeed. Not even 50/50, not even 99/1.

Oh Obie, the solicitor suggests me zambrano said if I appeal just a chance to fright with, another totally said 50/50 , and the rest said is difficult of better going back...

[Obie]

The visitors visa issue is the only thing against you and that is gone now.

In court 117B (6) will apply to your case, I therefore so not understand how you won't qualify under Appendix FM or outside the rules .

Zambrano will surely fail.

[Wise]

Please, Please, Please, I strongly believed that people can be of help in the forum, you're already in the right direction and don't jeopardise the whole case by applying for derivative R C card.

Obei is one of the moderator who knows what he's doing why don't you try him am sure he will help if you're lucky to trap him down. As I can see you have a case.