I made an Article 8 application in May 2010 which was refused in July 2010 with no right to appeal. I was an overstayer since 2004. My legal representatives wrote several letters to the HO asking them to make an immigration decision or initiate removal direction which should give rise to right of appeal, the HO kept quiet and never replied to any of those letters. My solicitor wrote to the HO again in May 2011 asking for reconsideration, a week later we received an email from HO acknowledging the request and added that the application will be reconsidered but could not tell when that would be.
In November 2011 my solicitor put in another application based on Zambrano and six weeks later we received a Certificate of Application (COA). My wife and daughter are both British. My wife and I are HIV positive and both on medication and besides emotional support to her as her husband, I also support her to cope with the diagnosis. I feel the COA was issued because of this chronic medical condition.
Now.... though the HO accepted that I come within the scope of its interpretation of Zambrano, would this still be the case when the EEA Regulations are amended later this year? This is my dilemma.
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