Updates on Zambrano applications

Hi
She applied under zambrano and refused with a many objections one of t them is that child is not in the state.

frei wrote:

zaidamjad wrote:I already applied visa for Ireland and it was refused.

What was the basis for refusal? what type of visa did she apply for?

Did you appeal? did it go down to court? as expected it wouldn't be approved because they will say child is not present in the state, but how can child be present without the mother? they are denying the child entry into her own country by refusing to grant the mum a visa.

The education which is to be received in Pakistan is not of the same standard as to the one she will receive were she to be in Ireland. How old is the refusal? you should appeal that decision in the strongest term.

I have a strong feeling if this case gets to the court the decision will be overturned.

hi
thanks for your reply, its well a year know when it was refused. i paid a huge fee to solicitor to prepare the application. the lawyer asked me to appeal but also asked for more fees, then i thought its a waist of time and money and never appeal. what do you think can i still appeal this?

zaidamjad wrote:hi
thanks for your reply, its well a year know when it was refused. i paid a huge fee to solicitor to prepare the application. the lawyer asked me to appeal but also asked for more fees, then i thought its a waist of time and money and never appeal. what do you think can i still appeal this?

The appeal is long gone now, I do think she has a legitimate request to a zambrano visa for Ireland, I can find a lawyer contact for you, her fee is considerate. I think you should reapply with a strong worded letter and or with a solicitor you can't just give in like that.

The INIS are a hard case and you have to be tough sometimes to get anything from this guys, they hardly apply common sense until when told to do so by the court.

Please open a thread or continue in the Irish Zambrano section of this forum as this is about Irish zambrano application.

anyone received a derivative residence card yet? .....

evie233 wrote:anyone received a derivative residence card yet? .....

Still waiting, let us make more prayers.

Yea,still waiting. Every week is an anxious wait for the postman.

hi
i would appreciate if you could give me some reasonable lawyer and i may reapply. thanks for your help, i will open a new thread in Irish forum

GLH2012 wrote:

mam2 wrote:GLH 2012,
Did you write to them? If yes, to what address? My solicitor wrote to Paula Rudd who issues replacement COA as per FOI request a month before my COA expired but we have heard nothing. This is really frustrating.

Hi mam2, my solicitor wrote to them several times but am not sure the address she used. She's called them a couple of times in my presence but they were reluctant to help, still insisting for us to write. I called them yesterday and the lady I spoke to said I should use the address on the COA.
Thanks Prince74 for the phone number. Will also keep you posted.

Hi all. I receive my new and corrected COA today thank God. I wish Derivative Residence card follows very soon. I might need to request my son's British passport back to have it renewed. It expired in November.

http://www.bailii.org/uk/cases/UKUT/IAC ... aysia.html

GLH2012 wrote:

GLH2012 wrote:

mam2 wrote:GLH 2012,
Did you write to them? If yes, to what address? My solicitor wrote to Paula Rudd who issues replacement COA as per FOI request a month before my COA expired but we have heard nothing. This is really frustrating.

Hi mam2, my solicitor wrote to them several times but am not sure the address she used. She's called them a couple of times in my presence but they were reluctant to help, still insisting for us to write. I called them yesterday and the lady I spoke to said I should use the address on the COA.
Thanks Prince74 for the phone number. Will also keep you posted.

Hi all. I receive my new and corrected COA today thank God. I wish Derivative Residence card follows very soon. I might need to request my son's British passport back to have it renewed. It expired in November.

Glad to hear that. There is hope for us all. As I be said earlier,I've written 4 letters so hopefully should hear something soon. Congrats for the good fight. We shall overcome

frei wrote:UT, derivative residence card would not lead to PR

Further to that, the HO position is that it will also not lead to ILR under 10 years long residency (under the UK immigration rules).

I still believe by the time a zambrano parent has been on DR card for 5yrs, it will finally lead to PR. All these cases are not specifically for zambrano though all fall under DR card.

Jambo wrote: Further to that, the HO position is that it will also not lead to ILR under 10 years long residency (under the UK immigration rules).

I do not see the legality in that in the HO's position, it's like setting prejudice towards this people it's nor fair.

mam2 wrote:I still believe by the time a zambrano parent has been on DR card for 5yrs, it will finally lead to PR. All these cases are not specifically for zambrano though all fall under DR card.

Residence card issued under Zambrano is a derivative residence, how do you think they will be given the priviledge of PR amongst others?

This is because the children are citizens of the country their parents have been given right to stay.

mam2 wrote:This is because the children are citizens of the country their parents have been given right to stay.

There is no legal basis for that. The CJEU might have a different opinion though

In as much as there are no current legal precedent to grant PR/ILR no one thought there will be a Zambrano as we have today. I strongly believe that these positions will be reversed in the near future. I also note the comment from the judge about 10 yr residence rule and article 8; a window of opportunity, may be.

However why would u need a PR? If the zambrano case is correctly implemented by HO/DWP in the context it was intended both in social care and immigration, u wouldn't need ILR since you enjoy every right as PR.

HiPriest wrote: However why would u need a PR? If the zambrano case is correctly implemented by HO/DWP in the context it was intended both in social care and immigration, u wouldn't need ILR since you enjoy every right as PR.

Without PR one can't apply to be naturalised which i think is the goal of most migrants not getting access to social

Hi mam2, thanks and am optimistic you will hear good news from them too very soon. My solicitor's suggestion may be right that the HO are overwhelmed by all the backlog. We pray for decisions soon but my suspicion is they want to wait until the 6months mark as stipulated by the new COA. Just a guess.

Hi fellow zambrano applicants,
Where are we? Is it still that quiet? Pls keep posting cos pur thread is vanishing from the front page index.
We shall overcome.

EEA2 Zambrano application via solicitor (primary carer of British citizen)

Submitted EEA2 Zambrano application: 16/01/2013
Application Received: 17/01/2013
Received COA (without right to work) : 01/02/2013
Received form DRF1 (Derivative Residence card from): 01/02/2013
(dated 30/01/2013, they said fill section 3,10 and 11, return within 21 days include 2 photograph and supporting document)
I fill it and send It UKBA: 17/02/2013

Waiting for result
I don't know what is in my luck!!!! I fillings 1 day=1 year

Hello rahim0171.. why were you not given the right to work? Where you given any reasons?

Since when did they start issueing COA with no right to work. For zambrano?
Rahim0171,Can you pls tell us your story if you don't mind.
Thank you