Appeal Zambrano refusal or do human rights application?

[renebaby]

I came across your very helpful forum this morning and would greatly appreciate your advice, please.

After nearly 2 years of waiting, my Zambrano application has been refused by the Home Office last Friday for the principal reason that I did not provide sufficient evidence that my daughter’s father is not available to look after her if I should be sent away. My relationship with him broke down shortly after the child was born and we have hardly spoken more than four times over the last 3 years. I provided letters from my GP and my girl’s nursery to show that I have been her primary and sole carer over this period, but the UKBA say this is insufficient although they don’t say what precisely they need to satisfy themselves! They have given me 14 days to appeal the decision, but they also stated something some sort of human rights category under which I could have applied.
I wanted your advice regarding either going ahead with the appeal or simply forgetting about Zambrano and doing the human rights one taking my circumstances into account (ie single mother and sole carer of a British child)

Also, I got a COA when I applied for the Zambrano and this has allowed me to work lawfully till the decision came last Friday. Is my employment still legal while the Zambrano appeal is being considered or not, please? Should I not appeal and instead decide to try the human rights option, can I still keep working while that one is being considered or I’ll have to wait until a decision is made about that one?

Thank you very much for any help you can offer.

[progeny5kay]

I came across your very helpful forum this morning and would greatly appreciate your advice, please.

After nearly 2 years of waiting, my Zambrano application has been refused by the Home Office last Friday for the principal reason that I did not provide sufficient evidence that my daughter’s father is not available to look after her if I should be sent away. My relationship with him broke down shortly after the child was born and we have hardly spoken more than four times over the last 3 years. I provided letters from my GP and my girl’s nursery to show that I have been her primary and sole carer over this period, but the UKBA say this is insufficient although they don’t say what precisely they need to satisfy themselves! They have given me 14 days to appeal the decision, but they also stated something some sort of human rights category under which I could have applied.
I wanted your advice regarding either going ahead with the appeal or simply forgetting about Zambrano and doing the human rights one taking my circumstances into account (ie single mother and sole carer of a British child)

Also, I got a COA when I applied for the Zambrano and this has allowed me to work lawfully till the decision came last Friday. Is my employment still legal while the Zambrano appeal is being considered or not, please? Should I not appeal and instead decide to try the human rights option, can I still keep working while that one is being considered or I’ll have to wait until a decision is made about that one?
Thank you very much for any help you can offer.

I will advise you to go ahead with appeal first as you have been giving the opportunity to appeal and what you need to do is prepare to convince the judge that you are the only one with responsibility prepare evidences like letters from friends and family confirming the dad is not in your child's life remember it is the judge that will be making the decision not home office and it is only a mad man will not rule in your favour when you have provided evidence to show the father is not involved in the child's life, I can assure you the approach home office takes is wrong and you will win your case most zambrano ended up in appeal so you are not the only one there is a long queue just gather more evidence every little receipt of things you bought for him appointment letters and so on............... and as for your job as long as you are appealing just continue the job

[Obie]

It is really an odd position, for the secretary of state to take, when the family law of the UK gives full parental responsibility to the unmarried mother of a child.

Now they are asking you to find the estranged partner, and give your child to him.

I agree you should appeal.

[wiggsy]

I agree with Obie... (knowing from the side of a father who has to battle to see his kid from previous relationship)... Definately appeal...

but...

http://webarchive.nationalarchives.gov. ... milies.pdf

long read, but goes into a lot of the childrens act