Updates on Zambrano applications

[expositouk1]

An addition to the importance of appealing Zambrano refusals. A friend was refused last year after nearly a year of waiting for a decision. Her original solicitor advised her to forget everything and try Article 8 instead. However, reading from Wigsy (who has been of incredible help!) and others on this forum, I advised her to follow up in court. Thus, she appealed, went to court at the end of January, using a solicitor in London (Victoria Sharkey from Medivisas). The appeal was granted and she's received her derivative residence card today - 5 years

The bottom line is that refusals are being made by caseworkers on very flimsy bases and those affected need to test the laws, if they have time and funds to do so, rather than simply give up and apply for Article 8 which is entirely discretionary. Besides, a case can still be made for Article 8 at the Zambrano appeal hearing, or should the appeal not be successful, a fresh Article 8 application can still be made.

Good luck to all still waiting. As long as you're the primary carer, don't give in to the ludicrous grounds for refusals (child's British father or mother still in the UK, etc)!!

[Topsibelle]

Thanks so much for your reply. Our case is straight forward, me and my husband are joint carers with no status. Our kids are British and EEA national so this is why I reckon they have no choice but to grant us the RC...I've tried to look up where it is legal to go beyond the 6 months window. I will let her be and then send her another email when it's exactly 6 months. If they are still making enquires, shouldn't they be asking for more documents? They are not. In fact they have returned all our documents after 3 months, stating they won't be needing them and have made a note of them.

Thanks again y'all.

[dalebutt]

Wrong move reminding that woman of the processing time etc etc, she's got a big chip on her shoulder that woman, you will do well to refrain from further contact with this lady, couple of my friends who jumped the gun and had a bit of a tussle with this woman, the results haven't been great. I think she was made deputy mainly to piss the hell out of people, she even replies to messages which aren't directed to her personally, she will take on the responsibility of replying on behalf of her co-workers and asking you to direct all future contact about the particular application to her. Pointless!

[expositouk1]

This is probably no comfort to you, I guess, but the thing is that they are literally drowning in backlog of applications and the six-month turnaround policy is simply fictitious as many on here will tell you, from their own experiences. My friend's took almost two years from the date of first application till receiving her derivative residence permit this week!

The key thing is to be hopeful that ultimately you and your husband will both succeed, no matter how long it takes. Sometimes, I get the sense that they delay things simply to frustrate people into giving up.

[Topsibelle]

I hope to God that they will not exceed the 6months benchmark....it is absolutely frustrating

[Topsibelle]

Good morning everyone,

I got a phone call from my caseworker at the home office. She asked if my husband and I have a valid passport to which I replied in the affirmative. She asked that I send it to her directly so our residence permit can be issued. I am so happy. I'm sending it today, next day delivery. I think they are trying to ensure it meets the 6 months benchmark which is on the 6th May.

[chaoclive]

Super news! Well done

Did she specifically tell you that they are going to issue the residence permit? Just curious. You note to Linda Bateman might just have worked! (Although I definitely wouldn't encourage everyone to contact her directly!).

[netqueen]

That is very good news Topsibelle, Thank God for His goodness.

@Chaoctive I beg to differ, my Zambrano application was granted in February, just before the six months time limit was up, prior to that I had written to Linda and Steve long several times. I started writing to them before the end of January when it was about four weeks for my COA to expire, then two weeks after and when the six months was up I wrote to them again. I think when you satisfy all the requirements of the Zambrano application a polite request for progress update and a gentle reminder of what the European casework directive dictates should get you a reply. After all they have stated on the gov.uk website that they (home office officials ) are committed to good customer service to all applicants.

Super news! Well done

Did she specifically tell you that they are going to issue the residence permit? Just curious. You note to Linda Bateman might just have worked! (Although I definitely wouldn't encourage everyone to contact her directly!).

[behold2014]

who is linda bates

[Topsibelle]

Super news! Well done

Did she specifically tell you that they are going to issue the residence permit? Just curious. You note to Linda Bateman might just have worked! (Although I definitely wouldn't encourage everyone to contact her directly!).

Yes she did. She said when you send us the passports it will have to go through security and we will issue it.

[Topsibelle]

who is linda bates

Linda Bates is the deputy chief case worker...

[Topsibelle]

[quote="netqueen"]That is very good news Topsibelle, Thank God for His goodness.

@Chaoctive I beg to differ, my Zambrano application was granted in February, just before the six months time limit was up, prior to that I had written to Linda and Steve long several times. I started writing to them before the end of January when it was about four weeks for my COA to expire, then two weeks after and when the six months was up I wrote to them again. I think when you satisfy all the requirements of the Zambrano application a polite request for progress update and a gentle reminder of what the European casework directive dictates should get you a reply. After all they have stated on the gov.uk website that they (home office officials ) are committed to good customer service to all applicants.



[quote="chaoclive"]Super news! Well done

Thanks so much @netqueen. I'm glad I contacted Linda bc she should know that because we are overstayers doesn't imply we are illiterates. You can't twist and turn the laws at your whim. I was dead sure I meet the requirements and they will lose out if it goes to court.

[debab]

Hello guys, My appeal was allowed 3rd of feb and
to God be the glory i received my passport back on the 17th April....Wish you all the best and thank you all for your support.
Best Regards,
Deb

[expositouk1]

As I say, everyone who is refused must appeal because the adds are that the court will overturn the decision. Once they start realising that their senseless refusals will not be allowed to stand by Courts, they will stop that silly behaviour. Congrats

[ada4msd]

Made an appeal based on zambrano and the hearing date is fast approaching, i don't know what to think, I am representing myself cos of no funds to get a bareister. God, into your Mighty Hands I commit my situation.

[Topsibelle]

Hello guys, My appeal was allowed 3rd of feb and
to God be the glory i received my passport back on the 17th April....Wish you all the best and thank you all for your support.
Best Regards,
Deb

Congrats and all the best for the future.

[ruona]

Hi everyone ,just a quick update about my zambrano appeal,actually I won my appeal in jan and the home office re appeal my win ,and I won for the second time.got a letter from the court on 7 April saying that the home office permission to appeal as Appeal has been refused.i am so happy cos I think this is the end of the road for them.i called the appeal court on 5 may this month and they told me the home office did not appeal again .i give thnks to God for everything and hope to get my card soon.what I would say to those waiting is to be patient.

[djman]

Congrats to everyone who won their appeal, my appeal was dismissed, with a reason that my ex was named on d birth certificate, and that d people wrote letters that they know I am my daughter's primary carer didn't come to give oral evidence in court, and also because me and my ex have d same address on the birth certificate and that there must have been some contact between us for me to get my child british passport means that I am not the primary carer of my child. Also I earned about £540 a month, d judge said that is not enough for someone bringing up a young child. Am so frustrated. My solicitor advice to put another application.any advice pleaseeeeee

[ruona]

@djman,I m so sorry for the dismissal of your appeal .their reason for refusal does not make sense to me at all ,what if you appeal the homeoffice win,I mean ,seek permission to appeal to the upper tribunal .or what do you think guys.may God help us all.my own refusal was that I don't have evidence to proof how I look after my kids since I said I live on charity from people and the judge said that does not stop me not to be the primary carer of my child .and she allowed my appeal.

[ada4msd]

@Ruona congratulations on your success.Am soo happy for you, now you can breathe fresh air and focus on something else. The RC will come definitely. Their appeal was refused because there was no error of law by the first tier judge. Waow, God is great.
@Djman, I think, Ruona is right, try to seek permission from the first tier to grant you permission to appeal to the upper tribunal. You can only be granted if the first judge made and error of law in his judgement. Maybe they just want you to make a charged apllication.
Too many variations in all these judgements. One just need to pray. Thats why am scared of my hearing date fast approaching.
Please those that went to appeal, what questions did the Judge ask and the HO PO ask. Please I need a clue.
Congratulations to those who have received their RC. Those still waiting, be patient and be cheerful atleast one down, ie appeal allowed. Happy weekend to you all.

[ace201]

Hello All,
I am new in this forum but I have been following up on the threads. My Zambrano has been refused on the basis that my British son's Aunt who is British should take care of my son and I should leave. At the moment I am the one helping her with her own child as she is in full time employment. the HO disregard this and said it's her choice as to what type of Job she does. I am currently Self employed and have a right to appeal. I don't know whether I should appeal or apply for FLRO. Pls advice.

Thanks

[Topsibelle]

Hello All,
I am new in this forum but I have been following up on the threads. My Zambrano has been refused on the basis that my British son's Aunt who is British should take care of my son and I should leave. At the moment I am the one helping her with her own child as she is in full time employment. the HO disregard this and said it's her choice as to what type of Job she does. I am currently Self employed and have a right to appeal. I don't know whether I should appeal or apply for FLRO. Pls advice.

Thanks

Pls apply....they are so out of order. Is British Aunty your child's parent? Does child have other parent British? If not, then pls apply as you have a very strong case.

[Topsibelle]

I meant appeal

[ace201]

The child's british father does not reside in the UK. that's why they have chosen the Aunt over me...imagine

Thanks so much for making me feel better. You have no idea how helpful your forum is.
God bless you and Good Luck to everyone trying to get a better life here or anywhere.

I will APPEAL and leave the rest for God's favour and grace.

Hope to update you soon.

[djman]

Hello there, u have got a very strong case as ur child father does not live in uk, but u shouldn't
Have included ur child's aunt in the application. All u need to do is to appeal and make sure your aunt write a letter stating she can't look after your child and attach the data page of her passport to confirm d authenticity of the letter, or better still go to court with you and tell the judge she can't look after your child as she got a lot of responsibility. Wish u best of luck!