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Derivative Card Refused not enough proof child is in the UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Candy86
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Joined: Wed Nov 04, 2015 1:38 pm

Derivative Card Refused not enough proof child is in the UK

Post by Candy86 » Wed Nov 04, 2015 2:01 pm

Hello members

i am in a desperate situation, i applied in May 2015 as a primary carer of my daughter i did my biometrics and given COA with Work(but most employers rejected it as proof to work), unfortunately in september i got a refusal with right to appeal stating that " you have failed to demonstrate that your child xxxxx is in the UK residing with you, I had submitted her birth certificate, British passport with a few letters from church members and friends even a local creche stating that i solely look after my child. my pregnancy was very much unplanned and her father was so angry that he only did her passport when she was two years old. My problem is the lawyer fees, it took me almost 9months to even raise this one that was rejected, i dont know which way to go, i have been able to collect more letters and two schools have now accepted to enrol her in January 2016 so i have admission letters, is it possible for me to submit a new application without a solicitor as time is running out for me and every hope i had of raising the money is fading. i cannot work because of my status i dont want to risk it, due to alot of people knowing my situation through my daugthers father who recently welcomed a son with his new wife, so they can easily report me to the home office Please any advise will go a long way...
Thank you

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Derivative Card Refused not enough proof child is in the

Post by Obie » Wed Nov 04, 2015 4:49 pm

If the is in the UK , it is only in exceptional circumstances that you will succeed under Zambrano, although there is a pending CJEU case from the Netherlands , that addresses this.

The lawyers should have done a human right application and apply for an exemption in your case.
Smooth seas do not make skilful sailors

Candy86
Newly Registered
Posts: 3
Joined: Wed Nov 04, 2015 1:38 pm

Re: Derivative Card Refused not enough proof child is in the

Post by Candy86 » Wed Nov 04, 2015 7:52 pm

Thank You Obie for the response and the information

please can you explain more on the Human rights application because i really need to submit another application. my lawyer charged me for the appeal and the new application, and now most people told me the appeal might fail but he still insists on putting in another Zambrano application,,, how can i find out more about the human rights application. so that i can research about it
Thank You

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Derivative Card Refused not enough proof child is in the

Post by Obie » Wed Nov 04, 2015 8:09 pm

Well you apply under human right . Application fee is £1149. I think that included NHS surcharge .

Flr (FP) . You could get fee exemption if you qualify.

I think Zambrano will fail for the reason I have given in other threads, which I don't wish to dwell on again on this thread.
Smooth seas do not make skilful sailors

Candy86
Newly Registered
Posts: 3
Joined: Wed Nov 04, 2015 1:38 pm

Re: Derivative Card Refused not enough proof child is in the

Post by Candy86 » Wed Nov 04, 2015 11:16 pm

Thank you again Obie

i will look into it..

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