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Please Urgent Advice... Solicitor doing my head in!!!

Posted: Sat Jun 22, 2013 1:34 am
by ywright
Hello all,
Pls, i will like you to give me your opinion on my situation... I am a single mum still on a post study visa. my baby father is married to another woman but he got british passport for my child. I went to see a solicitor and he said I should not do flr(o) as i will be refused because I have just done 3 years in the country. He said the Zambrano route is the best but all that I have read on the Zambrano route is not encouraging at all. It is very unfortunate that I have paid the solicitor half of his fees before i realised he will use zambrano route. Do I have a better chance as a single mum of a british child using the FLR(O)? The solicitor has confused me more and he said (authoritatively) that he is very sure the application will be refused if i do flr(o).
Pls, what do you think is my best chance before my visa runs out in mid August? Thanking you for your anticipated assistance and I wish you the best with your applications.

Re: Please Urgent Advice... Solicitor doing my head in!!!

Posted: Sat Jun 22, 2013 8:04 am
by kofi75
ywright wrote:Hello all,
Pls, i will like you to give me your opinion on my situation... I am a single mum still on a post study visa. my baby father is married to another woman but he got british passport for my child. I went to see a solicitor and he said I should not do flr(o) as i will be refused because I have just done 3 years in the country. He said the Zambrano route is the best but all that I have read on the Zambrano route is not encouraging at all. It is very unfortunate that I have paid the solicitor half of his fees before i realised he will use zambrano route. Do I have a better chance as a single mum of a british child using the FLR(O)? The solicitor has confused me more and he said (authoritatively) that he is very sure the application will be refused if i do flr(o).
Pls, what do you think is my best chance before my visa runs out in mid August? Thanking you for your anticipated assistance and I wish you the best with your applications.
I have answered this query on the Zambrano forum.You can apply for both simultaneously but put in the FLR(O) first to avoid your LTR running out then the Zambrano which is a confirmation of a right you already have under Community Law referencing your passport is with them already.Hope this helps

Posted: Sat Jun 22, 2013 8:25 am
by ywright
thank you for the quick response and I'll check the other thread. I'm much relieved now. :)

Posted: Sun Jun 23, 2013 9:10 pm
by Obie
You can still apply for FLR (O) under the parent section.

The fact that you have lived in the UK for a relatively short time should have no impact on your application.

In fact i am of the view that a Zambrano application may be slightly difficult, given the fact that the father of the British Child is actually in the UK.

I believe that is a legally flawed basis to refuse, but if this goes to court, it is likely to be struck, as it is clearly unreasonable.

Posted: Mon Jun 24, 2013 11:17 am
by ywright
Obie wrote:You can still apply for FLR (O) under the parent section.

The fact that you have lived in the UK for a relatively short time should have no impact on your application.

In fact i am of the view that a Zambrano application may be slightly difficult, given the fact that the father of the British Child is actually in the UK.

I believe that is a legally flawed basis to refuse, but if this goes to court, it is likely to be struck, as it is clearly unreasonable.

thanks Obie.