.

[sarahassy]

[joh118]

Hi there,i am an overtayer mom since Jan 2006,with 15months child who holds aBritish passport,i have been in relationship with my partner since early 2007 till 2010.He fully takes care of my child and they have created agood relationship.At the moment the only private life i have with him is my child.In sept 2010 immigration officers came to my address and at the moment i'm reporting at Becket house and was given temporary adimision.Ineed to make an application to the HO but i don't know what type to make and which supporting documents to include.Any help will be highly appreciated.sara

You can't apply for a spouse visa in the UKas you are an overstayer. So, you essentially have 3 options:

- leave the UK and apply for a spouse visa from your home country. (2 years needed on this visa to get ILR)
- Apply for a Discretionary Leave from UK. You will need professional help if you want to apply for DL (6 years needed on this visa to get ILR)
- Use the Zambrano ruling (probably the easiest method)

[Greenie]

Hi there,i am an overtayer mom since Jan 2006,with 15months child who holds aBritish passport,i have been in relationship with my partner since early 2007 till 2010.He fully takes care of my child and they have created agood relationship.At the moment the only private life i have with him is my child.In sept 2010 immigration officers came to my address and at the moment i'm reporting at Becket house and was given temporary adimision.Ineed to make an application to the HO but i don't know what type to make and which supporting documents to include.Any help will be highly appreciated.sara

You can't apply for a spouse visa in the UKas you are an overstayer. So, you essentially have 3 options:

- leave the UK and apply for a spouse visa from your home country. (2 years needed on this visa to get ILR)
- Apply for a Discretionary Leave from UK. You will need professional help if you want to apply for DL (6 years needed on this visa to get ILR)
- Use the Zambrano ruling (probably the easiest method)

I agree that these are her three options but I wouldn't say that the Zambrano ruling is the 'easiest method' given that it is only very recent and it is unclear how exactly the UKBA is going to interpret and implement the ruling.

[leonex4t5]

if this helps.. Zambrano application.

my application: 12/04/2011
EEA 2 Form.(because there is no form provided yet)
My ID (uk drivers licence)
Daughters Birth Certificate(to show i'm the father)
Cover letter (stating my claim on zambrano ruling, and also i went far as explaining why my removal from the uk will effectly make my daughter move with me from the uk). and also not in my child's best interest(ZH Tanzania).

12/05/2011
Reporting centre told me not to sign on nomore and that all retrictions are removed as i have made an application under EU Ruling, and application has been accepted by Home Office Liverpool.

12/05/2011
rang Home Office to confirm my application has been accpeted and to know what my current status is, they said its been accepted, they gave me my case id number, but thet said they cant tell me anymore. that Home office will contact me.

so its good news Home Office are Considering Zambrano.

[Greenie]

if this helps.. Zambrano application.

my application: 12/04/2011
EEA 2 Form.(because there is no form provided yet)
My ID (uk drivers licence)
Daughters Birth Certificate(to show i'm the father)
Cover letter (stating my claim on zambrano ruling, and also i went far as explaining why my removal from the uk will effectly make my daughter move with me from the uk). and also not in my child's best interest(ZH Tanzania).

12/05/2011
Reporting centre told me not to sign on nomore and that all retrictions are removed as i have made an application under EU Ruling, and application has been accepted by Home Office Liverpool.

12/05/2011
rang Home Office to confirm my application has been accpeted and to know what my current status is, they said its been accepted, they gave me my case id number, but thet said they cant tell me anymore. that Home office will contact me.

so its good news Home Office are Considering Zambrano.

it appears from what you are saying that the ukba are considering your application not that they have granted it.

[leonex4t5]

the application has only been accepted... NOT GRANTED YET.
however putting in the application, and it getting accepted can help get the enforcement team/reporting team of your back till your application is considered... like my post says, i was told to no longer report.

[sarahassy]

Thank you very much John118 for your information,i think i will go with the third option.What supporting documents do i need to add on my application please.

[sarahassy]

what status are you granted when you apply under Zambrano ruling.

[leonex4t5]

it is yet to be known... it is up to the UKBA to decide what kind of leave to remain to award based on zambrano. Ireland gives 3years (stamp 4)

[sarahassy]

Thanx Leonex4t5,how much is the application fee.

[leonex4t5]

if you look at my post, i made my application using the EEA2 form, it's free. there is no appropriate form yet as UKBA are yet to give guidelines. look above to my previous post. also i suggest to seek legal advise.

[leonex4t5]

Also you can apply for Discretionary Leave based on your british child(zh tanzania "child's best interest"), Using the FLR(0) form. its £550 application fee by post: http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf.
Like i said you are better of seeking legal advise.

[leonex4t5]

Also you can apply for Discretionary Leave based on your british child(zh tanzania "child's best interest"), Using the FLR(0) form. its £550 application fee by post: http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf.
Like i said you are better of seeking legal advise.

[Bob44]

Thanx Leonex4t5,how much is the application fee.

i think its free and as well you should qualify for legal aid funding in case you need to consult a solicitor

[Kitty]

sarahassy, I agree with Greenie, that the effect of the Zambrano ruling isn't known yet: nobody knows how the UK will choose to interpret it.

What is your own nationality? And your partner's? (It's not clear from your post if your partner is the father of your child: is he?). Are you married?

What sort of visa did you originally get to come to the UK? What made you overstay? Have you been working or claiming any benefits?

[sarahassy]

kitty i'm a ugandan and my partner is from Rwanda the father of my child,he is abritish citizen and i overstayed my visit visa because of some problems back home

[leonex4t5]

Temporary Admission is NOT limited Leave. Temporary Admission in simple terms meas you are currently not in uk the uk within the meaning of immigration act 1971.

i was on temporary admission until last week, i was told not to report again, because i made an application using zambrano.

[sarahassy]

Hi ,plaese Leonex4t5 can you let me know when your get any progess with ya Zambrano application.That is what i hope to use as well.

[sarahassy]

Hi Leonix,have u heard any thing regarding your application from the HO,Please reply

[leonex4t5]

Hi, its still pending, nothing yet, but will update you as soon as they respond to me.

[Bob44]

Hi, its still pending, nothing yet, but will update you as soon as they respond to me.

it seems the ukba is treating all application made under the zambrano judgement as invalid at the present moment see the link www.whatdotheyknow.com/request/ecj_rulings, something is not right here the ukba is being dodgy and given that they want to make changes to the family migration, it is clear to me that they are not willing to impliment this ruling

[Greenie]

to get the link to work, you need to take off the comma at the end

http://www.whatdotheyknow.com/request/ecj_rulings

[Bob44]

to get the link to work, you need to take off the comma at the end

http://www.whatdotheyknow.com/request/ecj_rulings

oh thankx Greenie you are a genius

[leonex4t5]

I am Leonard Williams...

:http://www.whatdothe...incoming-193719

Very Important information on zambrano, One can take on employment under the zambrano judgment... but as there is currently no documentation to issue, its up to the the employee to be able to convince the employers whilst home office consider the implications. What about if you want to start up a business?

I used the FOI in asking series of questions to the ukba and got an already expected response.

1) Total Number of Applications for Leave to remain Recieved based onthe ECJ's Judgement on Riuz Zambrano since march 2011 to june 2011?
ans: 98.

2)How many were granted leave to remain and How many were refused?
ans: I am able to disclose the followinginformation. There is currently no provision under the Immigration Rules to grant aperson leave to remain on the basis of their right to reside in accordance withthe Ruiz Zambrano judgement. Therefore no such applications have to date been refused.

Applications made under European law are dealt with in accordance with Directive 2004/38 ("the Free Movement Directive") which has, inturn, been transposed into domestic legislation via the Immigration (EuropeanEconomic Area) Regulations 2006 ("the Regulations").

I can confirm that between March 2011 andJune 2011, 98 applications have been received for documentation under theRegulations by the UK Border Agency's European casework teams from personsapplying on the sole basis of Ruiz Zambrano. As the ECJ judgment in RuizZambrano concerns persons who have a direct right to reside under Article 20 of the Treaty on theFunctioning of the European Union (TFEU) and not under the Free MovementDirective, there is currently no provision to issue documentation under theRegulations to persons asserting a right to reside in accordance with the RuizZambrano judgment. This means that no applications have been granted or refusedon the basis of this judgment during the period in question. Instead, those whohave applied for documentation under the Regulations have been advised thatthere is no provision within the Regulations at this time and that theirapplication is therefore invalid.

3)Can a nonEU Parent and Primary carer of a minor british child with
the ECJ's Ruling under EU Law get employed in the uk?

Ans: Whilst the UK Border Agencyis currently considering the full implications of the Ruiz Zambrano judgment, it is clear that the judgment enables those who acquire a right to reside on thebasis of the judgement to also have a right to work. There is nothing currently to prevent reliance on the Ruiz Zambranojudgment from seeking to rely upon it when seeking employment. However, as employers are subjected tothe civil penalties regime evidencing a right to work in the absence ofdocumentation issued by the UK Border Agency may prove problematic in terms ofthe employer discharging their duty in law to ensure they only employ those whohave a right to work in the UK

[leonex4t5]

it seems the ukba is treating all application made under the zambrano judgement as invalid at the present moment see the link www.whatdotheyknow.com/request/ecj_rulings, something is not right here the ukba is being dodgy and given that they want to make changes to the family migration, it is clear to me that they are not willing to impliment this ruling

firstly, i apologise for not updating on my application:

"FLR(O) on the basis of my family. Sent 02/06/2011
Married to a British national.
Father to a British national.

Used case laws Zh Tanzania, Zambrano, Article8, Article 24 of Charter.

i argued about the rights of my daughter (Article 24 of the charter) that it won't be in the best interest of my daughter to move with me or stay in the uk without me(ZH tanzania), and that both my DAUGHTER and wife will be deprived the substance attached with being an EU citizen if i was not permitted to stay and work (Zambrano).
Document sent:

Drivers Licence(as i didn't have my passport)
Details of entry to the uk.
Birth certificate for both my wife and daughter.
Bills in me and wife's name.(didnt send no proof of income as its irrelevant)
Family Bond Certicate(savings i set up for my daughter)
Medical records.
Photographs of me and family.
Lastly Letter from the gp confirming my wife's health situation(depression from the uncertainty of my immigration issue)

DLR issued 07/07/2011
Recieved 11/07/2011 with a letter saying i did not qualify under the immigration rule 1971... and awarded me with DLR.
Took 5weeks

NB: i would advise all to either use a refered quality solicitor or an oisc advisor, because my solicitor wasn't bothered about my life, but was concerned about his office and getting paid, i have a judicial review in nov 2011 for a review on the HO rejecting a human right claim my solicitor made in oct 2010 when i was in detention, if i was to wait for my solicitor i won't have had my DLR.
i just carried on with my case myself(Preferably a good legal rep to assist ), i did however got advise from moderators on the board and research. what i found out was, if you are able to show the HO your passport you came into the country with, or you can provide adequate details of entry into the uk that the HO can trace, then its saves the HO and yourself the first 3-6months on having to verify who you are first, and go straight to your application, this is just my own view.

For those that are know about their cases and have a solicitor, i believe you should get involved with your case as much as possible, and make sure you are happy with what ever your solicitor is sending on your behalf."