Updates on Zambrano applications

easy77 wrote:It might take up to 3-4weeks to get the appeal decision, it is normally sent via post. But the main issue is if the judge accepts d article 8 aspect of zambrano. But kofi can tell us how it went generally.

I have posted a topic on what went on but i ll advise you to prepare yourself to teach the judge wat zambrano is about.
The judges have absolute no clue wat the regulation is about

kiss300 wrote:so the decision is not made there and then for you to know if you have won or not is that what you are saying?

He gave us 10 days to hear from him

kofi75 wrote:

kiss300 wrote:so the decision is not made there and then for you to know if you have won or not is that what you are saying?

He gave us 10 days to hear from him

these are gonna be 10 long days for us all... (is that Business or Calander?)

Wow!!! Interesting, very very interesting!!

wiggsy wrote:

kofi75 wrote:

kiss300 wrote:so the decision is not made there and then for you to know if you have won or not is that what you are saying?

He gave us 10 days to hear from him

these are gonna be 10 long days for us all... (is that Business or Calender?)

It is not really long 12/08 /2013.We have been waiting for nearly 3yrs

So there is lack of knowledge on zambrano derivative right, then they are avoiding article 8. Well i hope kofi did provide all the relevant documents to educate d judge, 10days is not really far. I hope & pray kofi's appeal is allowed. Since d presenting officer also lack knowledege of zambrano, dat should convince d judge that case workers do not have d basic understanding to make right decisions. Has anyone else got an appeal for august or september?

easy77 wrote:Since d presenting officer also lack knowledege of zambrano, dat should convince d judge that case workers do not have d basic understanding to make right decisions. Has anyone else got an appeal for august or september?

HOPO's are not case workers... they are part of the HO Litigation team... It just helps show the poor handling of clients / cases at the home office.

How long have people had to wait for their appeal from applying? I know there is in excess of ten weeks to load case files... so does anybody have an idea of how quickly we might get a date (the bundle was received on Friday)...


@Sara - true, 3 years to ten days is nothing... but just think of christmas,,, you wait all year, and it comes round so fast... then those last 2 or three days... don't they just drag...

When your waiting for something, it really takes time... (a watched kettle and all)...

i had to wait for almost 2 months to get my appeal hearing date. i sent it on the 3rd of MAY and had a date on the 21st June and my date is Nov.18th

kiss300 wrote:i had to wait for almost 2 months to get my appeal hearing date. i sent it on the 3rd of MAY and had a date on the 21st June and my date is Nov.18th

Ahh, so about six more months... plenty of time to get some more documents together

wiggsy wrote:

kiss300 wrote:i had to wait for almost 2 months to get my appeal hearing date. i sent it on the 3rd of MAY and had a date on the 21st June and my date is Nov.18th

Ahh, so about six more months... plenty of time to get some more documents together

I am waiting for 2months and 1week

wiggsy wrote:

kiss300 wrote:i had to wait for almost 2 months to get my appeal hearing date. i sent it on the 3rd of MAY and had a date on the 21st June and my date is Nov.18th

Ahh, so about six more months... plenty of time to get some more documents together

check your PM inbox plse

replied to you with my email

@kofi75 i just want to know what you wrote for your expedited hearing. i really need you opinion on it

Hi all, I got a letter today from capita buisness centre
Says....
The overwhelming majority of ppl who visit uk do so in accordance with
Our immigration laws.
We are contacting you becos the ukba has told us that you no longer have the
Right to remain in the uk.
If you do have the right to remain in the uk or have submitted a new application
Pls contact our team today 08443754636 to confirm this.
If you do not have the right to remain in the uk, you must make immediate arrangenent
To leave the uk and provide proof that you done by completing the enclosed
Form and returning it to out local office with a copy of your ticket by 15/08/2013
Or you can email us CapitaContact@homeoffice.gsi.gov.uk attaching a copy of
Your travel ticket.
If ur passport is held by ukba , this will be sent to your port of departure when
You leave .when making ur arrangements to leave the uk you must allow 10
Working days for ur passport to be sent to your point of departure after uou
Nobtified us of your travel plans
We recognise that occasionally there will be a personal issue that prevents
You from leaving the uk immediately, or there may be another reason for your
Continued residence.in such circumstances we want to do our best to help you.
Therefore it is vital that u contact our team today .while u remain in the uk
Without leave u are liable to be removed from the uk and this may affect ur
Right to return in future.

I called my lawyer soon as I got this she said she will call them, does anyone
Has this letter before after sending the appeal form in, my appeal was sent since
July have still waiting to hear from them.

i fink that so far as you have an appeal then they dont have the right to send you away. just call them and explain it do them. dont panic they cant do anything to you. just asking have your passport expired? if not then request for it from the home office. if it has make a new one. is a threat but dont be afraid

you are not the only person who has received this letter.

DO NOT WORRY. Send your letter of complaint to the Home Office, The Courts, your MP and Capita. You cannot be removed whilst excersising your right of appeal...

The Home Office know they will loose the appeals ans so are trying to make people leave in fear of arrest ETC.

Stand your ground, and make your noise... Remember: The Home Office do not grant you the right to reside. TFEU Article 20 gives you the right to reside. The Home Office simply CONFIRM this right, that you already have.

Also note: that Sec 55 of the Borders Act also applies directly to Capita as they are functioning on behalf of the secretary of state.

I might add to make your complaint to the ICO in relation to the Home Office breaching your data protection. You did not give them consent to divulge your information to a third party in such a manner.

http://www.ico.org.uk/complaints/handling

[quote="wiggsy"]you are not the only person who has received this letter.

DO NOT WORRY. Send your letter of complaint to the Home Office, The Courts, your MP and Capita. You cannot be removed whilst excersising your right of appeal...

The Home Office know they will loose the appeals ans so are trying to make people leave in fear of arrest ETC.

Stand your ground, and make your noise... :) Remember: The Home Office do not grant you the right to reside. TFEU Article 20 gives you the right to reside. The Home Office simply CONFIRM this right, that you already have.

Also note: that Sec 55 of the Borders Act also applies directly to Capita as they are functioning on behalf of the secretary of state.

I might add to make your complaint to the ICO in relation to the Home Office breaching your data protection. You did not give them consent to divulge your information to a third party in such a manner.



@kiss300&wiggsy
Thanks guys mind at rest now,my solicitor sent email to CAPITA already will tell her to forward the email to Home office,Court also my MP.
Thanks for you support guys

File your complaint onto the ICO about the lack of Data Protection ETC...

The ICO are looking into various complaints RE my wife, and have accepted that the DWP have breached her data protection by getting in touch with the home office...

It might not do anything etc, but if enough people are shown to be (whats the word... Affected / Injustly Hindered ETC?) by it, perhaps they will act, and the Home Office might think twice before breaking the law... (nobody should be above the law, ESP those who make the laws!)

@debab, with this letter it is an opportunity for you to write to the court for them get you an expedited hearing as the UK wants to remove you from the country and the only way forward is for you to have a quick hearing. DISCUSS this with ur solicitor as this is an opportunity in disguise. i hope this help because pple facing removal get upper hand. so try u might never know. Use this letter to your advantage rather than panicking. let ur solicitor write to the tribunal with that letter as a supporting evidence for a quick hearing. do so this is a great advice take it. call your solicitor and tell her. be firm on it. it will do u good.

kiss300 wrote:@debab, with this letter it is an opportunity for you to write to the court for them get you an expedited hearing as the UK wants to remove you from the country and the only way forward is for you to have a quick hearing. DISCUSS this with ur solicitor as this is an opportunity in disguise. i hope this help because pple facing removal get upper hand. so try u might never know.

Sorry, This is what i meant when I said write to the court too.

Thanks for highlighting it Kiss - because I certainly didn't

Also, USe this letter in your defence when the home office states that the refusal is not requiring you to leave, as clearly their refusal DOES require you to leave...

wiggsy wrote:

kiss300 wrote:@debab, with this letter it is an opportunity for you to write to the court for them get you an expedited hearing as the UK wants to remove you from the country and the only way forward is for you to have a quick hearing. DISCUSS this with ur solicitor as this is an opportunity in disguise. i hope this help because pple facing removal get upper hand. so try u might never know.

Sorry, This is what i meant when I said write to the court too.

Thanks for highlighting it Kiss :) - because I certainly didn't :P

Also, USe this letter in your defence when the home office states that the refusal is not requiring you to leave, as clearly their refusal DOES require you to leave...

@kiss300 &wiggsy
Will call my solicitor tomorrow and will keep you guys posted.
Thanks for your support guys

just want to ask if anyone knows if the zambrano residence card can be used to travel to other EU countries without visa? i want help with it

Hi everyone
Its my first time on here but have been reading all u guys post..I have received my refusal from HO 1. They dont see any reason why my daughter cant live with her dad, and if the dad is employed or unwilling to take care of his child thats not a reason for him not to have her. We have been separated over 7yrs now my daughter is 8 and cant even remember him.
2.Moreover u work 36 hours at night, the person/persons she stay with can have her whilst I go home.

please help I need some advice they direct me to article 8 and right to appeal. Also I have an application pending since 2001 under marriage when we separate they HO was notify by my solicitor and my solicitor ask for my case to be turn over to article8, but no reply.

anya05 wrote:Hi everyone
Its my first time on here but have been reading all u guys post..I have received my refusal from HO 1. They dont see any reason why my daughter cant live with her dad, and if the dad is employed or unwilling to take care of his child thats not a reason for him not to have her. We have been separated over 7yrs now my daughter is 8 and cant even remember him.
2.Moreover u work 36 hours at night, the person/persons she stay with can have her whilst I go home.

please help I need some advice they direct me to article 8 and right to appeal. Also I have an application pending since 2001 under marriage when we separate they HO was notify by my solicitor and my solicitor ask for my case to be turn over to article8, but no reply.

If you were given the right of appeal, please appeal, HO has no right to refuse you , and am sure most of those case workers don't know about zambrano...so please before thinking of article 8, try and appeal first with a good lawyer, cos according to what we have heard, most of them don't know jack about zambrano...and if you don't mind me asking, when did you apply, and when did you get refused?

I applied in December 2011
returned Jan 2012 for in date passport
return to them in feb 2012
receive COA March 2012
refused july 22, 2013