Updates on Zambrano applications

labelle wrote:

mam2 wrote:@labelle,
Can you private mail me your email address and I will send you some documents to help with your appeal.
And Kofi75 too. Oh, you have already sent yours.

Mam2 , check your pm , many thanks.

Update:

The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.

In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.

In particular, the outstanding issues in this matter are as follows: -

(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.

(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.

We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.

A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.

labelle wrote:

kiss300 wrote:

kiss300 wrote:sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u

i need help with this. thank you

thanks it did. Pls how long after sending the form and the two pictures before you received your responses of refusal.
thank you

kiss300 wrote:

labelle wrote:

kiss300 wrote:

kiss300 wrote:sorry @ kofi and labelle. God will see u through but if i may ask did the home office send you a document to sign that states that they are not giving you Permanent Visa but DRC visa and also did they ask to send two passport size pictures before refusing your visas?
thank u

i need help with this. thank you

thanks it did. Pls how long after sending the form and the two pictures before you received your responses of refusal.
thank you

The response only come after putting pressure on ukba through the right channels.Ukba will not decide your application without you pushing the buttons

Prince74 wrote:

labelle wrote:

mam2 wrote:@labelle,
Can you private mail me your email address and I will send you some documents to help with your appeal.
And Kofi75 too. Oh, you have already sent yours.

Mam2 , check your pm , many thanks.

Update:

The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.

In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.

In particular, the outstanding issues in this matter are as follows: -

(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.

(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.

We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.

A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.

Nice one,cos without the consideration given to the fact that you re the primary carer of your wife,your appeal will fail beforethe judge.Your lawyer was smart.The judge will be determining the case based on the refusal letter before him.The refusal makes no mention of your wife.The HO are trying to play smart but you beat them by their own game

kofi75 wrote:

Prince74 wrote:

labelle wrote:

mam2 wrote:@labelle,
Can you private mail me your email address and I will send you some documents to help with your appeal.
And Kofi75 too. Oh, you have already sent yours.

Mam2 , check your pm , many thanks.

Update:

The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.

In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.

In particular, the outstanding issues in this matter are as follows: -

(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.

(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.

We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.

A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.

Nice one,cos without the consideration given to the fact that you re the primary carer of your wife,your appeal will fail beforethe judge.Your lawyer was smart.The judge will be determining the case based on the refusal letter before him.The refusal makes no mention of your wife.The HO are trying to play smart but you beat them by their own game

That's true bro. How u dey?

Prince74 wrote:

kofi75 wrote:

Prince74 wrote:

labelle wrote:

Mam2 , check your pm , many thanks.

Update:

The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.

In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.

In particular, the outstanding issues in this matter are as follows: -

(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.

(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.

We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.

A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.

Nice one,cos without the consideration given to the fact that you re the primary carer of your wife,your appeal will fail beforethe judge.Your lawyer was smart.The judge will be determining the case based on the refusal letter before him.The refusal makes no mention of your wife.The HO are trying to play smart but you beat them by their own game

That's true bro. How u dey?

I am gud,i sent my forms to the tribunal but because i made a joint application they said i will have to pay for two.There was one appeal form sent to us both but they want double money.Wahala dey

kofi75 wrote:

Prince74 wrote:

kofi75 wrote:

Prince74 wrote:

Update:

The appeal Form IAFT-1 in relation to my Zambrano application refusal has now been sent.

In addition to submitting the appeal form, my solicitor has requested that the First-Tier Tribunal issues a date for a case management review hearing (CMRH) prior to the full substantive hearing for the appeal. The reason for this is there are several outstanding issues in respect of my application which have not been appropriately dealt with by the Secretary of State. In the interests of reducing costs and time wastage for all parties involved, my solicitor requested that a CMRH be held so that these issues can be resolved prior to the substantive hearing.

In particular, the outstanding issues in this matter are as follows: -

(a) My application for a derivative residence card as the primary carer of a British citizen was made on the basis that I am the primary carer of two British citizens. The Reasons for Refusal letter from the UKBA only makes a decision in respect of whether I am the primary carer of my daughter and failed to make any decision on whether I am the primary carer of my wife.

(b) I have a long outstanding request for reconsideration of my right to remain in the United Kingdom on the basis of my and my family’s rights under Article 8 of the European Convention on Human Rights. In the Reasons for Refusal letter, the UKBA failed to consider my family’s rights under Article 8 when making its immigration decision in respect of the decision under appeal. We have submitted to the First-Tier Tribunal that the appeal cannot be appropriately determined without full consideration of my and my family’s rights under Article 8 ECHR.

We have argued that my appeal against the refusal to issue me with a derivative residence card cannot be appropriately determined without taking into consideration my position as the primary carer of my wife and our rights under Article 8 ECHR. We requested that a CMRH be held in order to agree a timetable for further decisions from the UKBA in respect of these two outstanding issues so that all matters can be dealt with if necessary in a one-stop appeal.

A letter will be sent to the UKBA next week to ask them why they failed to consider my position as my wife's carer in their refusal letter.

Nice one,cos without the consideration given to the fact that you re the primary carer of your wife,your appeal will fail beforethe judge.Your lawyer was smart.The judge will be determining the case based on the refusal letter before him.The refusal makes no mention of your wife.The HO are trying to play smart but you beat them by their own game

That's true bro. How u dey?

I am gud,i sent my forms to the tribunal but because i made a joint application they said i will have to pay for two.There was one appeal form sent to us both but they want double money.Wahala dey

Oyinbo na thief !

welldone Prince 74, I really do like the steps you took about the appeal, i am sure your case will be reviewed. Please keep us updated. This zambrano thing is turning into a nightmare in UK, they simply do not want want to issue it but wants the court to decide. My friend that applied has not heard anything from UKBA, she sent them additional proof last month, but hasn't heard anything from them. I hope they make a decision soonest

@easy77
When did your friend apply?
If you don't mind.

easy77 wrote:welldone Prince 74, I really do like the steps you took about the appeal, i am sure your case will be reviewed. Please keep us updated. This zambrano thing is turning into a nightmare in UK, they simply do not want want to issue it but wants the court to decide. My friend that applied has not heard anything from UKBA, she sent them additional proof last month, but hasn't heard anything from them. I hope they make a decision soonest

I do not see anyone getting status under Zambrano without first going to the Tribunal to challenge the UKBA.

CAN ANYONE GIVE ME A CLUE AS TO HOW TO PUT PRESSURE ON THE HO TO RELEASE MY VISA ON THE ZAMBRANO APPLICATION. @KOFI AND LEBELLA. COS NOW I AM FRUSTRATED.

kiss300 wrote:CAN ANYONE GIVE ME A CLUE AS TO HOW TO PUT PRESSURE ON THE HO TO RELEASE MY VISA ON THE ZAMBRANO APPLICATION. @KOFI AND LEBELLA. COS NOW I AM FRUSTRATED.

Write a letter to immigration minister (mark Harper mp).i bet you will here something a week after written the letter

@ yahwadud, thanks for your advice. i just sent him an email and it went. i hope to hear from him or an action takes place.

@ mam2, my friend applied april 2012. What addresses or email to send letters to so they can decide the case asap.

I applied on April 2012 as well but have heard nothing. Not even a replacement COA as they promised they would. I wrote to the address on my COA. No reply. If you go through this thread,you will see the email of Rob Whiteman but I don't think he is still CE of Ex UKBA.
I hope someone can help you with who to write to. A suggestion is posted above to contact the immigrantion minister. All the best.
We shall overcome.

easy77 wrote:@ mam2, my friend applied april 2012. What addresses or email to send letters to so they can decide the case asap.

kiss300
Junior Member


Joined: 22 Mar 2013
Posts: 10
Location: United Kingdom
Posted: Mon Apr 08, 2013 6:31 pm    Post subject:
@ yahwadud, thanks for your advice. i just sent him an email and it went. i hope to hear from him or an action takes place.

A quick advice to all those still waiting for decisions on zambrano application, please if you have any documentation you think will help strengthen or improve your application, please do not keep it in your shelves or files at home. Send it to UKBA as soon as possible, now that we all know UKBA scope of zambrano, bearing in mind that UKBA do not ask for further documentations anymore like they used to do( they clearly state it that the burden of proof is on the applicant). This will help a case worker decide your case more in your favour and will save all parties involved the stress , time and cost of appeals.

Can anyone please tell me an email address or postal address to use so ukba can make decision on my friend's zambrano asap.

ok, guys, my FOI request for all guidance on zambrano has been returned...
https://www.whatdotheyknow.com/request/ ... ing-376967



I find this interesting:

Education
17. For the purposes of regulation 15A, “education” excludes nursery education.

the same isnt stated in UN treaties, or EU law. - and such education can be relied upon in a proportionality test for the child to leave the uk (even if to another member state - note: the uk could theoretically ask the child to leave the uk with the family to live in another eu state to maintain their article 8 rights but thats a different thing..)

@mam2, thanks for the document. I have highlighted pretty much all of your solicitors statements to ukba myself already... - but this document is an excellent example of protection for family etc... and your correct in the expectation that it should help pretty much any Zambrano *(child) applicant.

@easy

your local mp can chase them up... has the BC child got "friends" in the EU which could invite him/her to visit... (and excersise freemovement rights)? get a letter and then request priority treatment for the case so as to allow child to excersise free movement - explain that not to issue DRC will hinder childs free movement as they cannot travel alone safely etc...

To: "Rob.Whiteman@homeoffice.gsi.gov.uk" <Rob.Whiteman@homeoffice.gsi.gov.uk>
Cc: "EREC@homeoffice.gsi.gov.uk" <EREC@homeoffice.gsi.gov.uk>; "UKBACustomerComplaints@homeoffice.gsi.gov.uk" <UKBACustomerComplaints@homeoffice.gsi.gov.uk>; "liverpooleuro.passportreturns@homeoffice.gsi.gov.uk" <liverpooleuro.passportreturns@homeoffice.gsi.gov.uk>;

i send all of my emails to ukba to these addresses - i daresay my email address has been blacklisted by now with the amount of emails ive sent...

postal
European Operational Policy Team
North West Region
PO Box 306
Department 45
Liverpool
L2 0QN

labelle wrote:

Babz wrote:

mam2 wrote:Babz,
Zambrano in UK issued within 6 weeks? When was that? You mentioned visa, do you mean discretionary leave to remain?

Yeah,DLR...And quote me right, 6 week. It was in Aug 2011.

Thanks Babz, DLR is completely different from the zambrano DRC.
Thank you for your reply

Hello Labella, did you E-mail the HO to respond to your application?It seems I am becoming impateint, been waiting since nov 2011. We got the COA the same months, when did you submit your DRF1 APP?

I applied in nov 2012 as well. I was sent the new forms which I filled and returned in december. I haven't heard anything from them not even a replacement COA. Mennnn, I am tired of waiting I also don't know what to do anymore

mikilo2008 wrote:I applied in nov 2012 as well. I was sent the new forms which I filled and returned in december. I haven't heard anything from them not even a replacement COA. Mennnn, I am tired of waiting I also don't know what to do anymore

Ok let us wait let for two more weeks,there might be some positive response.

did you remember to send in letters supporting your claim as primary carer...?

- i popped round the doctors today and my kids didnt have any details for next of kin / emergency contact etc on their records... was simply a note "mother and father = XXXX and XXX also registered at surgery"...

I asked them to update the file. (the lady behind the desk didnt wana show me their records, but i told her under the DPA I have a right to see as the parent of them... - she got the practice manager who told her "Hes right... he can view the information on the screen if he wants to"...

Im wondering if the fact that my wife (and only my wife) is recorded as contact details on their files would help with the claim of Primary carer...
The nursery manager refused to write a letter (said the board wont allow her to) confirming details... So ive wrote a letter (from my wife) for a DPA release as to my daughter... requesting a copy of all register files, all info held on daughter, and my wife has signed the letter giving consent to have her information shared etc blah blah... (data protection act is good ) - this will provide a letter from nursery stating see attached files

along with copy of register stating who dropped daughter off, what time, and who collected... (although its got other kids names on)

we cant remember if it was my details and wifes or just her details on nursery form though...

SureStart centre is getting us a "Support Worker" to come out... My wife is good "friends" with one of the ladies there - she even attended out wedding... - she knows my wife as the primary carer - my daughter has gone to the centre for parent / toddler / baby etc groups since being about six months old (around 3 years). the surestart centre register is pretty much the same as nursery, and its entered into a record for my daughter with who brought her, what time, and time out ETC. - so the lady said she can easily print off all of these for us - but said might be an idea to wait until support worker calls etc... (hopefully she'll be popping in friday - or we pop up there for meeting...)

If this DRC application fails, will be better prepared for next one, and plan to have enough evidence for court...

Although, we already provided tax credits letters, photos ETC. we wanna be safe... so been thinking of all the evidence possible for this... (it took nursery manager two months to come back to us with a "no" answer)... but im willing to pay a tenner for a DPA release... - shame though, because it'll cause her so much more work redacting the names of all the other kids than to write a letter stating facts of "XX is the primary carer in my opinion because: 1) she brings and collects child from school. 2) child is constantly talking about mother, 3) mother attended paret meeting alone, 4) mother attended easter bonnet parade alone " ETC (having to work to provide for family = sacrafices...) but im clearly not the primary carer my wife does a hell of a lot more for kids than i COULD do.

remember guys - EVIDENTIAL FLEXIBILITY...
The search for "evidence" doesnt end when you post the application... evidence can be submitted for consideration straight up until the decision is made! = a slight "insignificant thing" could mean your application succeeds when otherwise it wouldnt of...

wiggsy wrote:did you remember to send in letters supporting your claim as primary carer...?

- i popped round the doctors today and my kids didnt have any details for next of kin / emergency contact etc on their records... was simply a note "mother and father = XXXX and XXX also registered at surgery"...

I asked them to update the file. (the lady behind the desk didnt wana show me their records, but i told her under the DPA I have a right to see as the parent of them... - she got the practice manager who told her "Hes right... he can view the information on the screen if he wants to"...

Im wondering if the fact that my wife (and only my wife) is recorded as contact details on their files would help with the claim of Primary carer...
The nursery manager refused to write a letter (said the board wont allow her to) confirming details... So ive wrote a letter (from my wife) for a DPA release as to my daughter... requesting a copy of all register files, all info held on daughter, and my wife has signed the letter giving consent to have her information shared etc blah blah... (data protection act is good ) - this will provide a letter from nursery stating see attached files

along with copy of register stating who dropped daughter off, what time, and who collected... (although its got other kids names on)

we cant remember if it was my details and wifes or just her details on nursery form though...

SureStart centre is getting us a "Support Worker" to come out... My wife is good "friends" with one of the ladies there - she even attended out wedding... - she knows my wife as the primary carer - my daughter has gone to the centre for parent / toddler / baby etc groups since being about six months old (around 3 years). the surestart centre register is pretty much the same as nursery, and its entered into a record for my daughter with who brought her, what time, and time out ETC. - so the lady said she can easily print off all of these for us - but said might be an idea to wait until support worker calls etc... (hopefully she'll be popping in friday - or we pop up there for meeting...)

If this DRC application fails, will be better prepared for next one, and plan to have enough evidence for court...

Although, we already provided tax credits letters, photos ETC. we wanna be safe... so been thinking of all the evidence possible for this... (it took nursery manager two months to come back to us with a "no" answer)... but im willing to pay a tenner for a DPA release... - shame though, because it'll cause her so much more work redacting the names of all the other kids than to write a letter stating facts of "XX is the primary carer in my opinion because: 1) she brings and collects child from school. 2) child is constantly talking about mother, 3) mother attended paret meeting alone, 4) mother attended easter bonnet parade alone " ETC (having to work to provide for family = sacrafices...) but im clearly not the primary carer my wife does a hell of a lot more for kids than i COULD do.

remember guys - EVIDENTIAL FLEXIBILITY...
The search for "evidence" doesnt end when you post the application... evidence can be submitted for consideration straight up until the decision is made! = a slight "insignificant thing" could mean your application succeeds when otherwise it wouldnt of...

I may be overly pessimistic, but in Zambrano cases if there is an EXEMPT person that can care for the child, the application would fail. This is the UKBA's understanding. For those of us who have made or about to make application on the basis of Zambrano judgment, prepare yourselves for refusal and then get ready to challenge the refusal at the Tribunal.

Prince you are not pessimistic, you are just stating the facts, no one has gotten zambrano without an appeal yet, so now I am thinking of ways to prove to ukba, that my ex-partner can't look after my child, since every area has been covered except that.