Immigrationboards.com

hi
ive applied for a derivative residence card on the basis that i have a son who is still under age of 2
i want to a solicter and did all the application for me . he is a british citizin under the care of his mother
the mother and i are seperted and i have placed a court order to see my son and have some priotry towrads him aswell
so i got the court order and sent it to the home office with my application also a picture of his passport and birth certificate
i also sent my birth certifcate passport pics and what was asked for

i received my coa but no right to work due to the solictor forgetting i need to send my passport (im egytian lived in the country as failed asylum 7 years but then applied for derivative card)
so i sent my passport and now its been 1 month since i got the coa
what should i do ? the whole application stated in febuary
shall i send a request for a new coa or just leave it
and also when do u think i should get my residence card

any help much appreciated

The solicitor has advised your to make the wrong application and it is likely to be refused. He does not seem to know what he is doing.

The circumstances of your case does not fit the zambrano principle as the child is with his/her mother and therefore you refusal will not result in him leaving the EU.

I think an Article 8 application would have been most appropriate.

Yes but my lawyer said to place a court order and send it with my application which i got and now i see my child

The mother and son are both british citizens
holding uk passports

That is the wrong application and I am confident it will fail.

The mother of the child is good and well I guess? And the child is with the mother?

I don't believe it will succeed. You will come back and tell us.

I am not sure if it was deliberately , but certainly it does not seem like your lawyer is aware of the laws.

Yes hes with the mother

I got this letter

Does anyone else reading this have any viewd or been through this anyone???

anyone???

Hi @obie
Can u please tell me what to do
I want to complain about my lawyer but dont know what to say .. im very stressed at moment and need more understanding to this issue

Thanks

Zambrano application is for single parents, with British Child where the father is not in the UK, or no where to be found.

It also applies to cases, where the person is caring for a British Citizen who is disabled, or unable to do anything for themselves and the result of refusal to that person will mean that the British Citizen child or the elderly disable British person will have to depart the UK as well with the non EEA national, who is caring for him or her.

making an application to remain in the UK, you have to prove your case, and the closer the links you can show with your child, the greater the chance of your application being successful.

According to my lawyer my applicatio will be acceppted

That statement is true for every case. But in your case, there is a clear lack of understanding on the part of your solicitor of what the DRF1 is for.

Unless the fact of your case is different from what you have stated , I am confident that my view will prevail.

That you will come back and confirm that the advise you were given was correct.

I believe like every other human being i do make mistakes, and get things wrong, but on this occasion i am pretty such i am correct.

But it is up to you, i can only give limited advise. Whatever decision you take on the basis of that advise is entirely your call.

Please don't think i am compelling you to do anything.

Thank u for ur advice
uve been great help
i shall come back if anything new

salemsalem14 wrote:Thank u for ur advice
uve been great help
i shall come back if anything new

Actually, you can still make a case, even if your wife is British and is in the UK.
Peruse the link and follow wiggy post
http://www.immigrationboards.com/eea-ro ... ilit=wiggy
EDIT: He is British and his wife is Thai, and they live together and she won on appeal.

In the court of appeal you can argue based on Human rights, read the judgement in wiggy dropbox link and that's the basis on which you argue your case. On the best interest of a child.

By law any application made, the Home Office should consider Human Rights / article 8 cases.

Here's a few other interesting links, it's not a lost cause.
cases who won on appeal arguing article 8: https://www.whatdotheyknow.com/request/ ... _article_8
Wayne Pearsell (wiggy) site has helpful info; peruse his site keyword Zambrano for more info
http://pearsall.eu/2013/10/completing-y ... -zambrano/

Hi Guys

Just a quick question so even if you are the primary career for the child and is the only person providing for your child, phisically , financially and emotionally UKVI can refuse to give a derivative card because there is someone else who may or may not be able to care for this child?

Surely it is in the best interest of the child for the child to remain with the mom?