Updates on Zambrano applications

wiggsy · Post by **wiggsy** » Sun Sep 08, 2013 12:23 am

The case of Bassey and Para 24 was highlighted specifically by Barbara Muldoon in her comment on FreeMovement. Nice little highlight, which i'm sure will serve anyone of the applicants who have been told they can leave because the mother/father can care for the child.

And as other specific highlights are shown, its yet another clear example of the Home Office failing under their Section 55 duties.

Has everybody who has been refused under Zambrano Complained to the European Commission that the child's right to a family life is not being respected for x reasons etc.

ada4msd · Post by **ada4msd** » Wed Sep 18, 2013 12:01 pm

Does anyone know if HO still replaces COA for Zambrano applicants? Mine will soon expire, I have called them on 01512134132, sent emails to adressses I got from this forum, sent a special delivery letter to the adress on the old COA and no response from them yet. I dont know what next to do, does anyone have any advice on what else I can try. I have secured a very good job with the old COA, but have been asked to get a new one when coming for the Induction by next month. Would not want to miss this job.

wiggsy · Post by **wiggsy** » Wed Sep 18, 2013 12:26 pm

the employers need to contact the home office employers checking service.

also, did you send an email to all the addresses here: ukba email addresses

try calling Serena Bryant (0151 213 4443) - shes somebody high in the chain.

ada4msd · Post by **ada4msd** » Wed Sep 18, 2013 12:48 pm

Thanks Wigsy for the quick response. Just got a letter from them through the post man. I think they have stopped replacing old COAs . The letter says that they can confirm that while my application is still outstanding, the COA originally issued to me remains valid. Atleast I have a current letter to tender during the Induction.

wiggsy · Post by **wiggsy** » Wed Sep 18, 2013 1:15 pm

thats good to hear. its essentially still a "COA" that confirms your original one is still valid.

ada4msd · Post by **ada4msd** » Wed Sep 18, 2013 1:58 pm

Absolutely, you got my point. Have you got a hearing date yet for your wife,s appeal? Best of luck with it.

wiggsy · Post by **wiggsy** » Wed Sep 18, 2013 2:13 pm

they said they would be sending forms in the post soon the other week. but nothing has came yet, no date or anything. they did reply to my wifes email confirming that i'm now officially listed as her non-legal representative. - so i can keep emailing new bits of info to the court...

did i mention this one already though: Carpenter Case C-60/00

The Carpenter case simply highlights the fact that Member States cannot take action against the family members of EU nationals which would breach their rights under Article 8 of the ECHR. While the context of the case related to the exercise of the freedom to provide services, the determining factor in the case was the disproportionate effect of the proposed deportation of Mr Carpenter‟s wife.

ada4msd · Post by **ada4msd** » Wed Sep 18, 2013 2:29 pm

Good a thing they accepted, the backlog is something else. Just concentrate on Article 8 and equip yourself properly as you are already doing your research. Some solicitors make matters worse and can't argue nothing. You end up educating them after they have ended up extorting money from helpless people. You will win it. I intend defending myself anytime, they send that their stupid refusal letter, as tthey do not want to issue any visa based on Zambrano.

wiggsy · Post by **wiggsy** » Wed Sep 18, 2013 2:32 pm

is it any wonder. we'll apply for PR in 12 months on the basis of my daughter being born in 2009. it'll be refused, and we will appeal

If it goes past the first teir we are planning on paying for a good HR barrister. a couple of grand is quite a bit of money - but it'll be money well spent - im sure.

eh, hopefully it goes to court, we win, and they dont appeal. Has Kofi been back online? - not heard anything from the case?

ada4msd · Post by **ada4msd** » Wed Sep 18, 2013 2:46 pm

Yeah, they will ask you to appeal rather than approve it. Because if they start approving applications positively FTT and UTT will go out of business. personal thought. Nothing from Kofi yet.

wiggsy · Post by **wiggsy** » Wed Sep 18, 2013 3:48 pm

ada4msd wrote:Nothing from Kofi yet.

I hope this means good news... just more uncertainty.

easy77 · Post by **easy77** » Sat Sep 21, 2013 12:28 am

My friend was sucessful wit her zambrano appeal. She provided extra documentation/evidence from the child's father, child's creche & NHS. She had to use a solicitor/barrister to represent her. The barister was very good, d witness statement perfect, he had good grasp of zambrano law. She mentioned they argued on zambrano, article 8, section 55 & d barrister said in cases where the other parent is in the Uk Zh tanzania applies. I hope this brings hope to all of you waiting for zambrano decisions & appeals..

evie233 · Post by **evie233** » Sat Sep 21, 2013 6:56 am

Wow ... That's good news... Thanks for sharing..

wiggsy · Post by **wiggsy** » Sat Sep 21, 2013 12:46 pm

easy77 wrote:d witness statement perfect, he had good grasp of zambrano law.

What witness statement was provided, if you can provide further info on this.

Its good news. I'm hoping that the same is true for Kofi, and thats the reason no new news from them.

ada4msd · Post by **ada4msd** » Sat Sep 21, 2013 1:25 pm

Great news... Atleast there is hope. More allowed appeals will be flowing through,I believe. Could you expantiate on your friends situation, as in single or divorced or separated. Congratulations to your friend.

easy77 · Post by **easy77** » Sat Sep 21, 2013 5:41 pm

@ wigsy witness statement is the statement the appeallant prepares in support of their case, its usually a brief explanation of your case. I would advice you employ the services of a solicitor for your appeals, you can visit different ones to check their intelligence/knowledge/understanding of zambrano, relevant case laws & of your particular situation & fees charged, then choose one.

wiggsy · Post by **wiggsy** » Sat Sep 21, 2013 5:42 pm

easy77 wrote:@ wigsy witness statement is the statement the appeallant prepares in support of their case, its usually a brief explanation of your case. I would advice you employ the services of a solicitor for your appeals, you can visit different ones to check their intelligence/knowledge/understanding of zambrano, relevant case laws & of your particular situation & fees charged, then choose one.

ahh, right, the appealants submissions

I thought maybe they had formal submissions of expert witnesses ETC

easy77 · Post by **easy77** » Sat Sep 21, 2013 5:49 pm

Also make sure you provide further evidence, as much as possible to support your case. My friend is seperated, child's father is abroad. Also provide evidence of how u support yourself financially.

marina4 · Post by **marina4** » Mon Sep 23, 2013 10:45 am

helllo all!, what a good news , congrat to your friend easy77, was just wondering .. do you think father being here in uk might affect ones appeal?
kindly check you PM pls.
thanks

easy77 · Post by **easy77** » Mon Sep 23, 2013 5:24 pm

Check your inbox

sarahassy · Post by **sarahassy** » Thu Sep 26, 2013 12:13 am

easy77 wrote:Also make sure you provide further evidence, as much as possible to support your case. My friend is seperated, child's father is abroad. Also provide evidence of how u support yourself financially.

plse what did she provide for the child's father abroad plse
check your pm plse

Nat1979 · Post by **Nat1979** » Tue Oct 01, 2013 8:03 pm

Got my derivatitve residence card issued on an A4 piece of paper. I tried getting a schengen visa today from the French embassy and got refused on the bases that my residence card must be in my passport. What a disappointment esp since the home office had my passport when the residence permit was issued.

No sure what to do any advice will be helpful.

Nat1979 · Post by **Nat1979** » Tue Oct 01, 2013 8:04 pm

Got my derivatitve residence card issued on an A4 piece of paper. I tried getting a schengen visa today from the French embassy and got refused on the bases that my residence card must be in my passport. What a disappointment esp since the home office had my passport when the residence permit was issued.

No sure what to do any advice will be helpful.

evie233 · Post by **evie233** » Tue Oct 01, 2013 10:30 pm

Nat1979 wrote:Got my derivatitve residence card issued on an A4 piece of paper. I tried getting a schengen visa today from the French embassy and got refused on the bases that my residence card must be in my passport. What a disappointment esp since the home office had my passport when the residence permit was issued.

No sure what to do any advice will be helpful.

Why don't you get a passport?

Nat1979 · Post by **Nat1979** » Wed Oct 02, 2013 1:12 pm

evie233 wrote:
Nat1979 wrote:Got my derivatitve residence card issued on an A4 piece of paper. I tried getting a schengen visa today from the French embassy and got refused on the bases that my residence card must be in my passport. What a disappointment esp since the home office had my passport when the residence permit was issued.

No sure what to do any advice will be helpful.
Why don't you get a passport?

I've got a passport. The home office just didn't put my residence card in the passport.

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