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Clarification on Sole Responsibility under Zambrano

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naija99
Member of Standing
Posts: 468
Joined: Wed May 16, 2012 6:18 pm

Clarification on Sole Responsibility under Zambrano

Post by naija99 » Mon Oct 22, 2012 11:52 am

Can anyone confirm what kind of documents you would need to submit to support your claim that you are the sole carer under Zambrano.

UKBA has refused twice for the same reason stating "whilst documents submitted in support indicate that you are in a relationship with the British citizen, there is insufficient evidence to suggest that you are the British citizen's sole carer in the UK.

The documents that were submitted are as follows:
Letter from British father confirming he is in a new relationship, lives in a 2 bed and does not have spcae or time or finances to accommodate the British Child and that mother is soley responsible.
Letter from mother confirming that the relationship with British Father has irretrievably broken down and she is solely responsible.
Tenancy agreement in mother and child's name only.
Letter from GP confirming mother attends consultations with child
NHS Medical Card of Child
Red Book (Personal Child Health Record)
Photos of mother and child
British Passport of Child
Birth Certificate of Child
Nursery receipts in Mothers name
Letter from Nursery addressed to mother only
Enrolement Letter of Nursery completed and signed by mother only
Letter from CHurch confirming mother is sole parent and attends church

UKBA have returned the application twice, for the same reason. The first occasion the letter from the parents was not included, however after including them, it has been returned again for exactly the same reason. I would like to know if something is missing or whether the caseworker does not know what they are doing!

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Tue Oct 23, 2012 12:21 pm

The Zambrano case has now been incorporated into the relevant Regulations, which will come into effect from 9 November.

Hopefully this means that in cases like yours the UKBA will now make a decision, so that you will either be provided with a residence card, or be sent a refusal that you can appeal before the Tribunal.

The wording of the new regulations does not require "sole responsibility", but only that you are the child's primary carer, and that without you he/she would not be able to live in the UK.

Hopefully if you submit a new application after 9 November you will have more luck in getting a decision.

naija99
Member of Standing
Posts: 468
Joined: Wed May 16, 2012 6:18 pm

Post by naija99 » Thu Oct 25, 2012 1:14 pm

Thanks Kitty
I was unaware of this. Is it too early to re-send the application asserting this right now. Ive looked online and it states that the change came in in July 2012. I am right?

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Sat Oct 27, 2012 10:22 am

No, the changes that affect you will be incorporated in the the Immigration (European Economic Area) Regulations 2006 from 9 November.

Once they are amended, the Regulations will make provision for primary carers (not just "sole carers").

You can submit an application now or you can wait until 9 November if you want to be absolutely sure. Now that the Government has said what the amended Regulations will say, I would be surprised if they did not start to interpret the requirements for Zambrano applications in accordance with them.

However, the UKBA has of course managed to surprise me in the past ;)

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