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Updates on Zambrano applications

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

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

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evie233
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Post by evie233 » Wed Mar 13, 2013 7:26 pm

Proof that they have received your application, with or without a right to work.. you get it 4-6 weeks after your application for a derivative resident card...

spidexx
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Post by spidexx » Wed Mar 13, 2013 9:33 pm

wiggsy wrote:
spidexx wrote:Hello People ,

I will like to know " what is this COA issued under Zambrano application ?" Is it just a sort of acknowledgement from UKBA saying they have recieved your application and they are processing it ? Or is it actually a document that gives you any right or entitlement for six months ??

Could someone please enlighten me ??
http://www.whatdotheyknow.com/request/1 ... 026321.pdf
Thanks for this link . But i think the link is actually talking about the guidelines for issuing COAs in the case of EEA2 applications , and not under Zambrano applications. Or am i mistaken ?

easy77
Junior Member
Posts: 69
Joined: Sat Dec 11, 2010 5:58 pm

Post by easy77 » Thu Mar 14, 2013 5:32 am

Hello all, a friend of mine who applied under zambrano immigration rules based on seperated british spouse present in the uk and a child who needs medical care and follow up in the uk and received coa after 1 month with the right to work, then subsequently received the new drf1 form in november which she filled and submitted with additional medical evidence for the child. She wasn't sent a new coa and has not bothered to ask for one. Recently she received an email from her child's father that he is relocating to their country of origin but wants her to continually care for their child in respect to her medical needs in Uk. She is wondering if she should forward this email to ukba with the recent medical letters for the child and probably ask for a new coa or a decision to be made on her case. Will it be safe to do so or just wait patiently for ukba to make a decision with d assumption that the seperated spouse is in the uk? Also if sending this new evidence, which email address or address should she send it to as she's quite skeptical of it getting lost in post. Plssss any advice will be appreciated.

evie233
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Post by evie233 » Thu Mar 14, 2013 9:18 am

Well this is what I see, whether he lives in the UK or not, doesn't stop her from being the primary carer, so she can still be granted DRC if she can still prove she is the one doing everything for the child... And I really don't think she should forward the email to ukba, because it might seem to them that you are trying to say, there is an alternative carer available... So I don't think you should volunteer information to ukba, she is the primary carer and that is it. She can send emails or letters or even call ukba for a new coa like most people did on this forum ....

evie233
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Post by evie233 » Thu Mar 14, 2013 10:36 am

.....
Last edited by evie233 on Thu Mar 14, 2013 2:17 pm, edited 1 time in total.

maittm
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Posts: 33
Joined: Tue May 10, 2011 5:15 pm
Location: United Kingdom

Second Zambrano application

Post by maittm » Thu Mar 14, 2013 2:10 pm

hi guys
I need your advice please.
Im in the process of making my second Zambrano application and wanted to ask how do I prove that If Im to leave the UK, my son wont have to leave with me as it was on that ground that my last application was based on.
In my first application I had enclosed my sons birth certificate passport letter from Gp and letter from church that all stated that my son lives with me and im his main carer.
Is there anything else I need to include, or statements I need to say in my letter to them.
Please help as I want to put it in before the changes become introduced
Many thanks

evie233
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Re: Second Zambrano application

Post by evie233 » Thu Mar 14, 2013 2:20 pm

maittm wrote:hi guys
I need your advice please.
Im in the process of making my second Zambrano application and wanted to ask how do I prove that If Im to leave the UK, my son wont have to leave with me as it was on that ground that my last application was based on.
In my first application I had enclosed my sons birth certificate passport letter from Gp and letter from church that all stated that my son lives with me and im his main carer.
Is there anything else I need to include, or statements I need to say in my letter to them.
Please help as I want to put it in before the changes become introduced
Many thanks
Hi maittm,
Could you tell us when you made your first application, and why are you making a second application?

maittm
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Posts: 33
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Location: United Kingdom

Post by maittm » Thu Mar 14, 2013 2:24 pm

hi
I made my first application in In april 2012, and was refused end 2012, Im making the second application because people have advised me to and I cant really afford to apply for the hUmans rights one

evie233
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Post by evie233 » Thu Mar 14, 2013 2:58 pm

Ok then you can apply again now , before it was based on being a"sole carer" now you can apply as a primary carer, with the DRF1 form... And you put in all the proofs , to show you are responsible for the child, you are directly related to the child, and your child will have to leave the country if you leave... So you need to provide all those documents you provided earlier( recent ones) and your application should be accepted...

kofi75
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Location: london

Post by kofi75 » Thu Mar 14, 2013 5:53 pm

I got an email from the caseworker today telling me our application is on active consideration so we should be getting our decision in due course.
Ukba is playing funny.My friend got a refusal on her Zambrano today after applying in November.She got her COA with right to work in early Dec.She requested for her passports due to her father being very ill back home and they refused her application and retained her passport asking her to make preparation to leave.She has the right of appeal tho.The child is only 6months old.
They said she has not shown enough evidence that she is responsible for the child and not enough evidence to show the British father of the child wouldnt be able to care for the child if she is asked to leave.
This is going to be hard to prove and esp when you are a single mum how are you going to prove the british father is not involved with the child or is not able to care for the child?Hmmm,wahala dey :o

evie233
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Post by evie233 » Thu Mar 14, 2013 6:24 pm

Yes oo, real wahala.. this is just pure wickedness, maybe they expect her to bring her ex down to their office and explain that he cannot take care of the child :? They make crazy decisions sometimes...

kofi75
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Post by kofi75 » Thu Mar 14, 2013 6:39 pm

The funny thing is as they refused her,they told her she qualifies under article 8 but since dat was not what she applied for,they gave her a link to follow if she wants to apply.
I am sure this is a ploy to get most Zambrano applicants to apply under the immigration rules so they can get some money and also to be able to exercise their immigration control over them. :x :x

mam2
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Post by mam2 » Thu Mar 14, 2013 7:18 pm

kofi75 wrote:The funny thing is as they refused her,they told her she qualifies under article 8 but since dat was not what she applied for,they gave her a link to follow if she wants to apply.
I am sure this is a ploy to get most Zambrano applicants to apply under the immigration rules so they can get some money and also to be able to exercise their immigration control over them. :x :x

What documents did she send with application? Did she have a cover letter explaining her situation?
I think they should have ask for more evidence rather than to refuse she submitted her application before they made their caseworker guidelines available to the public.
This is going to be tough.
For a child to get a British passport,one parent has to be settled or British. So do they want the British parents dead before zambrano is considered?
Oh dear. Life can be sad on a foreign land. God help us.
papa2

kofi75
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Location: london

Post by kofi75 » Thu Mar 14, 2013 7:28 pm

The child is only 6months and to think her mum is not responsible for her is ridiculous.For them to have given a COA with right to work mean she submitted enough.A baby breastfeeding cannot be handed to the father even if he is in the country.
She sent enough docs to my knowledge.They just using the British father as an excuse to refuse.
90% will fail under Zambrano if that criteria is to be used.
Hmmmmm :x :x :x
She submitted before the guideline came out

labelle
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Post by labelle » Thu Mar 14, 2013 11:55 pm

kofi75 wrote:The funny thing is as they refused her,they told her she qualifies under article 8 but since dat was not what she applied for,they gave her a link to follow if she wants to apply.
I am sure this is a ploy to get most Zambrano applicants to apply under the immigration rules so they can get some money and also to be able to exercise their immigration control over them. :x :x
Wow! This is really sad,but maybe they gave their decision based on the old requirements( still doesnt make sense , smh) , does it mean that they have started to make decisions on applications?

labelle
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Post by labelle » Fri Mar 15, 2013 12:18 am

kofi75 wrote:The funny thing is as they refused her,they told her she qualifies under article 8 but since dat was not what she applied for,they gave her a link to follow if she wants to apply.
I am sure this is a ploy to get most Zambrano applicants to apply under the immigration rules so they can get some money and also to be able to exercise their immigration control over them. :x :x
How many people will be able to pay for the article 8 ? not many and with legal aid going off in April , if you have to pay for a lawyer fees then the ukba fees :roll: .it will be :( .

easy77
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Post by easy77 » Fri Mar 15, 2013 2:39 am

Thanks for your advice, but i think she should send new evidence to ukba as keeping this vital information might not do her any good. Moreso she's got results and up to date letters from her child medical specialists explaining the current medical situation and what the child needs. Its the applicants responsibility to provide documentation not ukba. Can someone please tell me the email address or address she can use. Thanks

marina4
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Post by marina4 » Fri Mar 15, 2013 8:19 am

kofi75 wrote:I got an email from the caseworker today telling me our application is on active consideration so we should be getting our decision in due course.
Ukba is playing funny.My friend got a refusal on her Zambrano today after applying in November.She got her COA with right to work in early Dec.She requested for her passports due to her father being very ill back home and they refused her application and retained her passport asking her to make preparation to leave.She has the right of appeal tho.The child is only 6months old.
They said she has not shown enough evidence that she is responsible for the child and not enough evidence to show the British father of the child wouldnt be able to care for the child if she is asked to leave.
This is going to be hard to prove and esp when you are a single mum how are you going to prove the british father is not involved with the child or is not able to care for the child?Hmmm,wahala dey :o
hello Kofi75, could you pls confirm if your friend made mention at the initial stage of her application if she was marrried or still with the father of her child or single.
i really think with the way UKBA are operating one really needs to clearly state that one is a single carer/parent with any story /info that can convey the messege even to the most dumb human being, cause it seems these people are >>>

progeny5kay
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Location: manchester

what's wrong with appealing the decision

Post by progeny5kay » Fri Mar 15, 2013 11:18 am

I think she should appeal this decision, and there's more chance she will win her appeal than sending anything to ukba cos her application will just be sitting there and also am 100% sure she will win. Appeal is the way forward for her

maittm
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Location: United Kingdom

thank you

Post by maittm » Fri Mar 15, 2013 11:47 am

thank you evie 232 for your responses

kofi75
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Location: london

Re: thank you

Post by kofi75 » Fri Mar 15, 2013 8:21 pm

She is appealing both on the decision and article 8 as they have instructed her to leave the country.I know it is a generic letter.

labelle
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Re: thank you

Post by labelle » Fri Mar 15, 2013 9:44 pm

"kofi75"]She is appealing both on the decision and article 8 as they have instructed her to leave the country.I know it is a generic letter.[/quote]

Thx for the update, I'm sure she will be successful . Did you have any update on yours?
:P
Last edited by labelle on Fri Mar 15, 2013 10:05 pm, edited 1 time in total.

kofi75
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Location: london

Re: thank you

Post by kofi75 » Fri Mar 15, 2013 10:01 pm

On Tues the caseworker sent an email requesting the special delivery number i used for sending the passports back,which i sent the same day.
I got another email from her yesterday saying she has gotten our passports and our application is under active consideration so we will be notified of our decision in due course.I m sure latest by next week it ll come through. :) :) :)

labelle
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Re: thank you

Post by labelle » Fri Mar 15, 2013 10:06 pm

kofi75 wrote:On Tues the caseworker sent an email requesting the special delivery number i used for sending the passports back,which i sent the same day.
I got another email from her yesterday saying she has gotten our passports and our application is under active consideration so we will be notified of our decision in due course.I m sure latest by next week it ll come through. :) :) :)

So shall it be :D , keep us updated please and most importantly keep your knees bent.

kofi75
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Location: london

Post by kofi75 » Fri Mar 15, 2013 10:09 pm

@Marina4,she applied as a single parent but obviously Ukba said there wasnt enough evidence to show the british parent is not involved with the child or would notbe able to care for the child if she were to go.
I think the best way is to show you in a relationship wth another person.Just a suggestion. :idea:
@Labelle i will do.Words of faith has been spoken and they will never come back void until it has accomplish what it has been sent for :D :D

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