Zambrano visa application

[Starlight2712]

Hi I'm just wondering if It's right to apply Zambrano visa. I have a 5 yrs old daughter and her dad is suffering from severe depression. Few months ago he got arrested for gbh stayed in prison for remand for a month now he is out doing community service. I applied for Zambrano but I got refused saying I'm still living with the father of my child. Upon application I send doctors letter and social service involvement that he is not fit to look after my daughter alone. I'm just wondering if I get refused for this application what else can I apply to reside here legally? Thanks

[Casa]

You've posted this in the EEA forum. What nationality are you and your husband? Have you previously held a valid visa?

[Starlight2712]

Hi can anyone gave me advice I applied Zambrano visa but get refused due to the fact that I was still living with the father of my daughter (4 yes old). I applied Zambrano as a primary carer of my British child as the father is suffering from severe depression, he's been suicidal aswel, we have social service involve in our case but because I assured them that I am primary carer of y daughter even though we are living with her father so they are ok with that, he has 1 year suspended sentence for gbh and has been caught and fined for weed. When I applied I send doctors letters social service letter and passports and school letters of my daughter but I am still refused to the fact that I am still living with the father. I just can't understand how can I leave someone who is not mentally well? And I know it's hard on my side as I am looking after my daughter plus working plus looking after the dad as most of the time he's just in a low mood or can't even look after himself he can't work neither. I just don't know what to do at this point? Please can anyone give me advise so I can have the right to stay here. As I can't apply for other visa application as the father can't even help me to meet the £18600 to sponsor someone as he's not working and just on benefits (esa as he is unfit to work)

[Starlight2712]

Sorry I'm new to this site and don't know where to post and ask for advice yet. He is British and I'm a Filipino nationality that overstay the visa. My daughter is British citizen.

[noajthan]

Sorry I'm new to this site and don't know where to post and ask for advice yet. He is British and I'm a Filipino nationality that overstay the visa. My daughter is British citizen.

It sounds like a 'family of settled person' visa may be the appropriate path:
https://www.gov.uk/remain-in-uk-family/overview

However there may be complications if you have (or HO think you have) broken immigration law.

Mabuhay!

[noajthan]

If you have/had sole responsibility for your child, then there is the 'family life as parent'-route.
See https://www.freemovement.org.uk/family- ... new-rules/
(There is a possible exception [EX1] available to cover cases where the applicant has no lawful leave in UK).

[Starlight2712]

Thank you for your advice. I spoke to one solicitor before and he said I can only apply zambrano coz I'm an overstayer

[Casa]

Thank you for your advice. I spoke to one solicitor before and he said I can only apply zambrano coz I'm an overstayer

The solicitor has given you poor advice.

[Starlight2712]

That's Why I'm very nervous as ho refused my zambrano application saying I'm still living with my partner. So I told to my solicitor what can I do? Coz at this point he can't sponsor me coz he can't work coz of severe depression he's only relying on his benefits. I am working full time at the moment since ho gave me coa I manage to get full time job. But when it comes to my daughter in the main responsible for her we got social service case coz of the dad when he try commit suicide and they close our case co they can see even I'm living with the dad I'm still the one responsible for my daughter daily needs and financially. It's hard coz I don't know what route I can apply coz my solicitor said I can't apply anything except zambrano coz I overstayed my visa. Please someone gave me a very good advice on this situation. Thank u all in advance

[noajthan]

That's Why I'm very nervous as ho refused my zambrano application saying I'm still living with my partner. So I told to my solicitor what can I do? Coz at this point he can't sponsor me coz he can't work coz of severe depression he's only relying on his benefits. I am working full time at the moment since ho gave me coa I manage to get full time job. But when it comes to my daughter in the main responsible for her we got social service case coz of the dad when he try commit suicide and they close our case co they can see even I'm living with the dad I'm still the one responsible for my daughter daily needs and financially. It's hard coz I don't know what route I can apply coz my solicitor said I can't apply anything except zambrano coz I overstayed my visa. Please someone gave me a very good advice on this situation. Thank u all in advance

You may wish to review your legal representation.

I've made some suggestions (above).
Let's see what other members can also suggest to help you move on.

Ingat ka lagi.

[Starlight2712]

Thank you so much for your advice I really appreciate it .

[Chotyler]

Your solicitor is giving you wrong advice, you can apply for family life as a parent flr(fp) under the 10years route, try any solicitor

[Starlight2712]

Thanks chotyler, can I make that application even though I overstay my visa? At this point I'm so confused of what application I can make, coz I am a main carer of my daughter and I gave prove to ho as the father is not well plus I can't just kick the father out of the house coz he is mentally not stable. ( he got nowhere to go or family to help him as his parents are involved in scam plus being sick with Tb). And actually I'm also looking after him at this point of time. I'm not in a relationship with him but we still living together. Very hard and confusing situation. Thank you very much for ur advice and reply I will try to seek for another solicitors advice.

[noajthan]

Thanks chotyler, can I make that application even though I overstay my visa? At this point I'm so confused of what application I can make, coz I am a main carer of my daughter and I gave prove to ho as the father is not well plus I can't just kick the father out of the house coz he is mentally not stable. ( he got nowhere to go or family to help him as his parents are involved in scam plus being sick with Tb). And actually I'm also looking after him at this point of time. I'm not in a relationship with him but we still living together. Very hard and confusing situation. Thank you very much for ur advice and reply I will try to seek for another solicitors advice.

You are clearly a caring & compassionate & resilient person & I'm not surprised - after all you are a Filipina.

The following are harsh words I know but, speaking frankly, it may be time to let go & move on.
As you say the relationship is over.

You have enough challenges on your plate and will still have a massive struggle to turn your life around for you and your child.
Just so you know, some of my family (in-laws) also face challenges like these in their lives.

The other party has family of sorts (as you have stated), so they need to step in now.
There are also government agencies & services in this country to assist in cases like this.

Please remember, I haven't minced my words and made polite conversation (English style) but my intentions are positive.

And if nothing else do try to find a better legal representation to fight your corner.

Walang mahirap na gawa 'pag dinaan sa tiyaga.
(Nothing's hard to do if you pursue it through perseverance)

Best of luck.

[Obie]

You should be able to qualify under FLR (FP) and in light of the situation of the father, you could get fee exemption.

I beg to differ with those that said the advice of the solicitor on Zambrano is wrong.

We have a father, who is mentally unwell , have other ailment and there is clearly no one to look after your child besides you, and requiring you to leave, or preventing you from staying , will result on the child having to accompany you to the Philippines . Clearly this engages Zambrano and the Home Office was wrong to refuse if the matter was presented in this way .

[Starlight2712]

Thanks obie for your reply. I am waiting for my hearing. So hopefully the judge will grant me zambrano. As there's no way I cannot leave my daughter to the dad. His depression is bad at the moment he can't even work he's go said he is unfit to work. He is relying on his benefit for his daily expenses. I am lucky coz ho send me coa to work so at the moment I am working earning atleast 18,800 a year. So hopefully the judge can let me get my zambrano visa. Or if possible to apply other route. If zambrano is not applicable coz the father of my child still staying with us. Thank you again for your advice