Miss-Suz wrote: ↑
Thu Dec 31, 2020 12:27 am
Just so you know, in my DFR1 refusal letter, the Home Office encourage me to leave the country knowing that I am a parent of a British Citizen. So they just don’t care about the future of our children.
So, why did HO "encourage" you to leave the UK than applying for a deportation order? Most will agree with me that there is no country in the world with soft immigration rules. In fact, some of us come from countries with the toughest immigrations rules in the world compared to the UK. Once an immigration decision has been made, there is no right of appeal, review or reconsideration. So, at least, we have to understand that in the UK, you have a right to appear to certain decisions.
As for the UK, the HO will encourage and even send threats to scare you off. This happens quite often and also happened to me in the past. It is scaring initially, but you have to stand firm, know your rights and fight for them. An example, few years back my friend's application to extend her visa was refused and the letter threatened her that she must leave the UK immediately, otherwise she was going to be "deported". I told her the least they could do was to "administratively remove" her but still I couldn't the basis for this. We wrote a letter directly to then UKBA director, and explained to him why we felt the decision was wrong and for him provide us with the deportation order from the court. Few weeks later, HO wrote to her asking for her passport and an updated bank statement and she was granted leave to remain.
What I am trying to say is that don't get scared off by the HO office letters. There are there to do that. Their is their role, stop immigrants. So, you will have to stand firm against them. You will have to read lot as well around the UK immigration to understand your rights. Prepare yourself and don't leave it until the last minute. Surround yourself with people who know this area. Read forums like this as they are very very helpful. Be aware of some professionals out there who scare people so they can exploit them financially. I know some birth countries of birth might not the same as the UK but I always remained positive that if I didn't succeed, at least I had somewhere to go, i.e. my own country. Not being to live in the UK is not the end of the world.
Regarding Zambrano rights, HO has so far rejected the majority of EUSS applications that rely on Zambrano rights. Critics say that this has the potential to shut many carers out of the Settlement Scheme. The refusals are purely based on financial reasons and this is why HO is encouraging people to apply through other routes where you have pay a fee not only for the first application, but also for subsequent extensions.
However, Zambrano carers have Supreme Court's decision in Shah to rely on. The decision incorporates the approach of the Court of Justice, in Chavez Vilchez, Dereci, KA, etc., and reflects the complex position of Zambrano carers. The jurisprudence for the carers of children is now much closer to a human rights assessment than the (brief) Zambrano case itself, with a child’s ‘best interests’ and Article 7 of the Charter being relevant, as opposed to simply questions of Union citizenship and compulsion [NB: UK is no longer an EU member].
The Supreme Court Patel decision helps applicants more than the Court of Appeal version. The Court of Appeal Patel case led to unhelpful updates to the Derivative Residence Card Guidance, requiring a Zambrano application to be only a last resort and mandating a refusal if a human rights application had not been made earlier. The Guidance has not yet been changed and most of us know why this is the case. So, let's not get intimidated by the HO or others, rather, let's stay positive and focus on building strong legal (not political) arguments in our appeals against the HO. This is not a legal advise but to share my experience of dealing with not only the HO but other UK undertakings, let it be your landlord/estate agency. Don't be scared off. Know your position. Your rights. Research around. Fight for your rights. Stay positive.