Updates on Zambrano applications

[wiggsy]

https://www.dropbox.com/sh/d2lazgzafql8f51/PK_buTOTd9

srry for real late info. .. we won on human rights. ...

But my wife also got a family permit on Surinder Singh too. ..

[wiggsy]

Do I apply again under Zambrano with another lawyer? or apply for flo (I don't even know what that means,please HELP) . My personal circumstance is this,I am a single mum with British child(born 2012),we don't live with the dad,I get all the child benefit for the child and of my child's documents are registered to my address. thanks for your replies in advance.

Flr is not your only option. ..

Did you not consider appealing? You don't even need a solicitor. ... Although a good one is recommended. Your european advice centre can sign post to legal representation.


The choice is yours to make. .. But ...

I actually hindered our appeal by moving to Ireland ad this showed the family could live elsewhere in the eu.

[ada4msd]

https://www.dropbox.com/sh/d2lazgzafql8f51/PK_buTOTd9

srry for real late info. .. we won on human rights. ...

But my wife also got a family permit on Surinder Singh too. ..

@ Wiggsy, hurrraaaaayyyy,this is great, congratulations, am soooo happy for you.
This is fantastic news. You have been an immense help and courage to soo many people, I for one.
My zambrano appication has been refused and i am appealing it. I have been asked to tender another application to home office based on 276ADE. The reason they gave for refusing is why dad cant care for him, am not the mother, and not the primary carer, which really baffles me when i gave then all evidences i could provide.
You have lifted my spirit, i will try the appeal, if not successful i will do flro.
thanks for getting back to the forum. my rgards to your wife and family and enjoy your new location. I will keep u updated for your honest advice. Thanks.

[sarahassy]

https://www.dropbox.com/sh/d2lazgzafql8f51/PK_buTOTd9

srry for real late info. .. we won on human rights. ...

But my wife also got a family permit on Surinder Singh too. ..

Hello W, this has been real battle but in the end we have won. How long did it take your wife to get her resident card?

[ada4msd]

https://www.dropbox.com/sh/d2lazgzafql8f51/PK_buTOTd9

srry for real late info. .. we won on human rights. ...

But my wife also got a family permit on Surinder Singh too. ..

Hello W, this has been real battle but in the end we have won. How long did it take your wife to get her resident card?

@sarahassy, you are right, it has been serious battle and a long wait, congratulations hun on your victory and wiggsy as well. you deserve it.
I have just appealed their decision still yet to be given a date, could you assist me on what case laws i need to use for the appeal. Did you use a solicitor or you defended urself. Is the dad of your british child still here in the uk, sorry for all my questions, i just need help, please.

Congrats once again and enjoy your freedom.

[ada4msd]

@ sarrahassy,
Please check your pm. Thanks

[wiggsy]

Still waiting. .. Cam pay 55 quid and apply as eea family member. But my wife is self employed. No need to prove residence to employers.

We plan to wait for home office to sort her leave from court. ....

we paid enough in fees. Petrol. And ferry charges etc to attend

[rikki]

Hi there.
After 2 years I have been waiting for the decision about my application under zambrano judgement, i had a response this week that it has been refused coz i didn't provide enough proof that the dad of my daughter is not taking care of here.

Just a quick lignes about my story. my daughter is 2 years 4 months and here dad saw for the last time when she was 6 weeks old. since then no contact at all. for my zambrano application i have included a letter from the GP, child minder, and latter from child support agency all them stating that i am the one taking care of my daughter on the daily basis.

i have been given the right to appeal and my sollicitor is encouraging me to that.
Please i need advice from those who have gone through the same process. What happen that day? what documents should i bring? what types of questions are asked? how should i really convince the juge that i am here primary carer?

i am so confused. i have provided all documents to the home office and the decision was negative. should i bring the same documents during the appeals?

please i need your help

[spapa1982]

Hi there.
After 2 years I have been waiting for the decision about my application under zambrano judgement, i had a response this week that it has been refused coz i didn't provide enough proof that the dad of my daughter is not taking care of here.

Just a quick lignes about my story. my daughter is 2 years 4 months and here dad saw for the last time when she was 6 weeks old. since then no contact at all. for my zambrano application i have included a letter from the GP, child minder, and latter from child support agency all them stating that i am the one taking care of my daughter on the daily basis.

i have been given the right to appeal and my sollicitor is encouraging me to that.
Please i need advice from those who have gone through the same process. What happen that day? what documents should i bring? what types of questions are asked? how should i really convince the juge that i am here primary carer?

i am so confused. i have provided all documents to the home office and the decision was negative. should i bring the same documents during the appeals?

please i need your help

I am having a very similar situation with you. I just got my appeal hearing date confirmed today which will take place in May. However, it was stated in the letter that if I can send them enough evidence to support my case, I might not have to go to the court.
My questions is also that I don't know what documents that I need to bring to support?
My case is I have a 6 months old baby, and her dad separated with me while i was 5 months pregnant. However, he has never take care of my child ever since, and has also got married recently, and his current wife does not even know this child's existence.
My refusal reason was because 1, my lawyer did not provide the original passport of the child's father to proof that my child is british. 2, My lawyer has not provided any evidence of showing the father cannot take care of the babay if I leave this country.
Therefore, my lawyer has now asking me to provide my child's british passport (which I applied for her recently and already got it), and another thing is a letter from the father stating that he is not going to take care of the baby what so ever because his new family is not accepting this child, and will not be accepting this child anyhow. Therefore, I am going to be the only one who can take care of my baby.

I have these two things on hand already right now, but after reading this thread, it seems that it is not that straight forward, and I have a feeling that what my lawyer asked me to prepare is not really enough to get me granted. However, I have also got another letter from my GP just to proof that I have been taking care of my baby ever since she was born, and also am the primary carer of my baby.

So, what other types of document do I still need?
Another thing I want to know is that is that letter from the father needs to be certified by any kind of department ?
I have no hope on my lawyer now, so I hope I can find some answers here.

Can someone also recommend any good barrister with same kinds of successful cases.

[wiggsy]

the reason the home office refused: they did not consider human rights.

The reason the courts would most likely accept: They legally have to consider human rights.

Stay strong,,, and remember: MAKE SURE YOU ATTEND THE HEARING.. The HO WILL. And you cannot defend yourself if you do not attend!

[appealalready]

I applied in July 2012, was refused. Reapplied in September 2012 and was refused in June 2013. I appealed and won in the First Tier Tribunal in November 2013 on Human Rights grounds. The Home Office appealed their loss. I won the appeal again in the Upper Tribunal in January 2014. A barrister told me that the Home Office lose 75% of Zambrano appeals. I represented myself and did not put much work into it. You can also ask for an expedited hearing. The Home Office hopes you will give up.

[rikki]

Congratulation appealalready.
Thanks for giving me hope. Did you need a solicitor for your appeal or you did it yourself?
what documents did you bring with you?
Please could you tell me what type of residence card you had? will that leads to PR? do you have access to public funds?
Sorry for all my questions and looking forward to hear from you

[wiggsy]

I Imagine that the home office have not issued leave yet as they didn't appeal my wife's win. But still no contact. They have twelve weeks to issue leave. ..

[netqueen]

I applied in July 2012, was refused. Reapplied in September 2012 and was refused in June 2013. I appealed and won in the First Tier Tribunal in November 2013 on Human Rights grounds. The Home Office appealed their loss. I won the appeal again in the Upper Tribunal in January 2014. A barrister told me that the Home Office lose 75% of Zambrano appeals. I represented myself and did not put much work into it. You can also ask for an expedited hearing. The Home Office hopes you will give up.

Hi appealalready,
I am new on this board, but my case is similar to yours. I would like to know more about the appeal. what forms did you fill out in the First tier Tribunal ? how long did it take for your case to be heard. Hope you can help me. I have a daughter who is British both my spouse and I have overstayed. My daughter became British because she was born here and have lived here for first ten years of her life. Any advice will be appreciated.

[ada4msd]

@ Wiggsy, thanks for the update, I will definitely be attending when they give me the hearing date, am still yet to get a confirmation from the tribunal. Getting evidences ready.

@appealalready, welldone and congratulations on your double victory. Did they grant it based on human right or zambrano?
For all those that have been denied, do not loose hope, there is always light at the end of the tunnel. The few successful cases from other forum members gives hope, so strive and dont relent until victory is won.

[rikki]

@ Wiggsy, Me to I will definitely be attending when they give me the hearing date, but I am still waiting for a confirmation from the tribunal.
However, I still do not know what types of evidences they need.
I gave letters from the GP, CHILDMINDER FRIENDS but the home office rejected my application. What should I bring with me during the hearing date?
@ Wiggsy, you said you are "Getting evidences ready". what types of evidnces? Please I need your help

[debab]

Hello everyone, went for my hearing on the 16th of
jan,got the decision on the 3rd of feb, the appeal is allowed
under zambrano regulation.
Thank you all for the support and I wish everybody the
best .....@wiggsy congrats

[rikki]

congrat debab
please what did you bring with you during the hearing date?

[ada4msd]

@debab
Welldone you. Congratulations to you on winning your appeal. Am soo happy for you. Enjoy your freedom.

[appealalready]

Hi Rikki,

You are welcome! I don't trust solicitors at all. Mine just kept asking me for money I didn't have. I would also watch barristers represent families in other hearings while I was waiting to be seen by the judge. Many barristers could not answer simple questions! No one knows your case or your situation as well as you do. At the end of the day, just tell your story. I was too tired to bring many (any) documents. These are family matters, anyway.

I just got an email from my solicitor saying they sent her my derivative residence card on Wednesday. So, it took 3 weeks to get my card from the date the Judge made his decision. BUT, that was with the barrister for the Home Office pushing the processing team to get me my card. It has been almost 2 years!

I wanted a full residence card, and not a derivative residence card, but this one will do for now until I get my Family Leave to Remain visa, with recourse to public funds. Zambrano carers do not get access to public funds, although there are a few cases in the Court of Appeal this year which may change that. Family Leave to Remain parents who are poor do get access to public funds (see fee waiver form).

Always, always challenge the Home Office! They are losing left and right in Court because their arguments are faulty. Don't let them intimidate you if you feel you truly meet their guidelines.

You can still apply for public funds, but they may turn you down. A Family Leave to Remain visa with recourse to public funds stamp will get you access to public funds. If you apply for a Family Leave to Remain with a fee waiver form, and the fee waiver is accepted, they must give you access to public funds if they approve your Family Leave to Remain application.

If you win a Zambrano derivative residence card, and then apply for a Family Leave to Remain application, it is hard to see how the Home Office can deny you a Family Leave to Remain visa because the requirements are almost identical.

Even if they refuse me the Family Leave to Remain visa, I will just walk to the First Tier Tribunal and immediately appeal. Then I will probably win. Then they will probably appeal their loss. Then we will go back to the Upper Tribunal and I am confident I will win again. Such is life.

[appealalready]

Hi NetQueen,

Well, I filed appeals, judicial reviews, etc. - anything to get the Court's attention. Once you have a judge's attention, they act pretty quickly. I went for an appeal on paper to the First Tier Tribunal. The Refusal Letter from the UKBA should tell you what to do, but the application can be done online. I had trouble with the system crashing and had to fill in the boxes 3 times, so save your work! Here is the website https://immigrationappealsonline.justic ... k/IACFees/

I kept arguing with the Immigration Appeals Court over whether or not I should have to pay the £80 fee, so it took me 6 months. I finally agreed to pay the fee. On average, it takes about 3 months to receive a response, I am told. I then submitted an urgent request for a decision. I was going to lose, because I did not spend much time on the nonsense appeal, but the Judge could see that eventhough I had not argued my case properly, the UKBA's refusal reasons were even more stupid. So, the poor Judge was caught between my poorly presented paper case and the UKBA's xenophobia. As a result, they asked me to come in for an oral hearing. Ordinarily, one would have to pay £140 for an oral hearing but I didn't have to pay it due to my horrible financial situation.

I won on Human Rights grounds in the First Tier Tribunal. I was nervous, but the Home Office loses about 75-90 percent of the Zambrano appeals. Nonetheless, the Home Office then appealed 7 days later to the Upper Tribunal. Apparently, there is some weird experiment going on whereby they are challenging any case they lose on Human Rights grounds.

I then won in the Upper Tribunal with absolutely no preparation. I just walked in there. The judges don't even really want you to talk anyway. They have pretty much decided the case before you speak. My case in the Upper Tribunal took 10 minutes at most. Also, the barrister for the Home Office apologised for what I 'had gone through'. whatever.

With regard to evidence, I would say you should get a letter(s) from either a school principal or day care provider. Find a neutral third party that can write a letter to support you are the primary carer. Make sure the letter says the following:

I, (neutral third party), have been asked to write a letter with regard to Mother X's application for a derivative residence card. I can confirm that to the best of my knowledge:
-Child X is a british national,
-Mother Y is the sole or primary carer of child Y,
-Child X is dependent upon Mother Y for emotional, financial, spiritual support,
-Child X would leave the UK should Mother Y leave the UK

Get as many of those letters as you can from social services, your church, synagogue, employer, etc. Ultimately, however, the best evidence you can take is your child to the courtroom. At the end of the day, it is the children who suffer most.

Be emotionally prepared for silliness on your day. The Home Office guy had not read my case, and he compared me to other cases in which parents had serious criminal records. I don't have a criminal record. The situation in this country is bizarre.

[appealalready]

Hi ada4msd,

Thanks for the congrats. The first win was on human rights only. The second win was on zambrano only and they cancelled the human rights win. I personally think I should have won on all three: zambrano, human rights and right to family life. You only need to win on one of the three to win the derivative residence card. Just keep talking about your life in the UK if you run out of things to say

[appealalready]

Hi again,

Someone asked me how to get an urgent hearing:

Urgent appeals
If there are compelling and/or compassionate reasons which warrant your appeal being brought forward you should put your reasons in writing and send them to us. We will arrange for your reasons and any supporting documentation to be put before a duty judge to decide if your appeal should be heard sooner than usual. It is in your interest to make sure the judge has all the documentation necessary to support your application. For example, this could be letters from a doctor or a hospital. You should note that your application will not be considered by a judge before you have paid your appeal fee, unless one is not required in your case.

You should address any correspondence to the President of the First-tier Tribunal clearly marked: REAH The First-Tier Tribunal to:

Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX

you can also call or email the IAC
+44 (0)300 123 1711
Customer.Service@hmcts.gsi.gov.uk

If you want an urgent judicial review in the Upper Tribunal, complete form T483:
http://www.justice.gov.uk/downloads/for ... urgent.pdf

also, remember fee remission forms!

[netqueen]

Hi appealalready,

Many thanks for your help. Glad you took the home office on and won, thanks again for sharing your experiences with us.

All the best

[wiggsy]

Hi ada4msd,

Thanks for the congrats. The first win was on human rights only. The second win was on zambrano only and they cancelled the human rights win. I personally think I should have won on all three: zambrano, human rights and right to family life. You only need to win on one of the three to win the derivative residence card. Just keep talking about your life in the UK if you run out of things to say

Sadly, I would think that loosing under the Derivative Right regulation and winning on Human Rights might actually be more beneficial. A derivative right of residence cannot lead to PR.... (at least not atm)...