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Bloody Hell...zambrano


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#111 Prince74

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Posted 07 June 2013 - 04:43 PM

I had been contacting the office of my MP regarding biometric enrolment invitation and they in turn have been contacting the Home Office on my behalf. The caseworker seemed to have a direct hotline with someone at the Home Office. When it seemed like the HO had misplaced my two passports, in no time she made contact again with the contact at the HO, my passports are now being looked after by someone at the HO who promised to send it to me together with the BRP once it has been produced.

I received a call yesterday afternoon from my MP's caseworker and she mentioned that a request for biometric enrolment has been sent to my house address and a copy to my Solicitors and these were sent by special delivery and should be received today.

I received the biometric invitation letter today as promised and I've now given my fingerprints.

I now look forward to receiving the BRP Card.



#112 Leonex45

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Posted 11 June 2013 - 03:21 PM

I know that there are quite a number of members on this forum who have been following my posts, so I think I should inform you guys of the recent development concerning my dealings with the Home Office. First, I am pleased to inform you all that I have been granted 30 months leave to remain based on Appendix FM of the Immigration Rules. In the letter of grant which I just picked up from my solicitor's office a couple of hours ago, it states that the reasons for the grant are: (a) they are satisfied from the information I provided that while I am not the biological father of my partner's child, my partner and her child have been naturalised and I have married my partner, ( B) In view of the child's length of residence, they are not satisfied that it would be reasonable to expect the child to leave the United Kingdom and because of our particular circumstances, they have granted me leave within the immigration rules under D-LTRP.1.2 of Appendix FM.

My battle with the Home Office has been a very lengthy one, and the process has cost me £4,608 in legal fees/home office application fee. I think it is important for me to explain my situation in detail:

In 2005 I met my partner, she had applied asylum in 2002. She was on legacy. In 2008, without any of us having status, we decided to get married in our church because even though neither of us had status, we wanted to live together as husband and wife. She had a child with her late husband and the child had become used to me and we wanted to give her some sort of stability by getting married and moving in together. In October 2009 (that was a year after our church wedding), the Home Office decided to grant her ILR on legacy. After she had been granted, that was only when I consulted a solicitor so that I can then regularise my own status. I consulted a solicitor in London in February 2010. Even though it had taken me 3 years to get my status, I still believe that this solicitor made such a wonderful representation on my behalf. I will be using them until I get my ILR in 10 years time.

In May 2010, my solicitor put in an FLR(O) on my behalf, this was based on Article 8. On July 7, 2010 this application was refused and right of appeal was not given. This was when the battle began - my solicitors wrote several letters, many of which the Home Office did not bother to reply. In July 2010, my solicitor asked the Home Office to review and reconsider the decision to refuse my application. In November 2010, the Home Office reviewed the decision but maintained its decision to refuse the application.

In July 2011, I contacted my MP (Theresa May). She asked me why don't I go and applied from my country. I told her bluntly that I have family here in the UK and it would be unreasonable to expect me to leave my family behind. In May 2011 we received an email from the Home Office telling us that they would reconsider the refusal "without unnecessary delay". In August 2011, I received a letter from Immigration Minister, Damian Green telling me that they can not expedite my reconsideration unless there is exceptional compassionate circumstances. Coincidentally, at the time I was seeing a psychologist, and the psychologist wrote that the main cause of my depression and anxiety is my immigration status in the UK. In September 2011, the Immigration Minister wrote back, saying that the depression and anxiety I suffer from is not compassionate enough, so they can not expedite action on my case.

In November 2011, my solicitor put in an EEA application based on Zambrano. After a very long wait, in March 2013 Zambrano was refused and appeal right given. We are appealing and the hearing has been fixed for 9th August 2013.

In frustration, I wrote letters, emails to the Home Secretary who is my MP. I called the Home Office every couple of months and the answer was always the same - "case under consideration, so you have to wait, UKBA will contact you". In February I wrote an email to the UKBA complaint department. In April I received a letter from the complaint department saying that a case worker is dealing with my case and the outcome would be communicated to me shortly. I bombarded my MP's office with emails. My MP's office contacted me in April to say that the Home Office has said to them that they are dealing with my case and they would get back to me shortly.

My mother became very unwell from March 27, 2013 and on the same day, I contacted my MP's office and demanded an urgent meeting with my MP. I informed them about my mother's illness. On April 30, 2013, I lost my mother whom I lost saw 10 years ago.

On May 3, 2013 a caseworker at the Home Office contacted my solicitor to say that they are looking at the human right element of my application and that the solicitor should fax a copy of a letter of representation which my solicitor had sent to them in October 2012. Immediately, my solicitor faxed the letter with attachments and she called me to update me.

Today, May 8th 2013, my solicitor contacted me that she had received a letter from the Home Office granting me 30 months leave to remain based on Appendix FM as stated above. No sooner had I received the call, within an hour and half, I was already in her office to collect the letter and fill out the Biometric Residence Card Form which she will be posting out to the Home Office tomorrow together with a copy of my mother's death certificate so that they can process the Biometric Residence Card without delay as my family is waiting for me, they can not bury my mother in my absence.

Dealing with the Home Office has been a nightmare and I would not wish it on my worst enemy. It has taken me 3 years.

I want to thank everyone whose word of encouragement has kept me sane. I knew nothing about immigration law until I joined this forum, today I can confidently say that I have learnt a lot from all of you. There are too many people to thank. I want to especially thank Mutly, Vinny, Victoria and all those whose names I cant remember at the moment.

You guy have been fantastic and I often wondered how I managed to cope for 3 years dealing with the UKBA. You guys made it easy for me.

Lots of love to you all.


i have been away.... thank God Prince, congratulations, finally! and i'm sorry about your mom... may her soul rest in peace...

#113 Prince74

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Posted 14 June 2013 - 11:43 PM

I have been told by my solicitor that it is possible to switch in-country into the 5 year partner route if you have been granted 2.5 years visa on the 10 year family route.

#114 bluebird12

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Posted 15 June 2013 - 07:24 AM

I have been told by my solicitor that it is possible to switch in-country into the 5 year partner route if you have been granted 2.5 years visa on the 10 year family route.



Good to hear that you can switch-in-country....lets see if somebody apply and get approved

#115 Leonex45

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Posted 16 June 2013 - 02:20 AM

I have been told by my solicitor that it is possible to switch in-country into the 5 year partner route if you have been granted 2.5 years visa on the 10 year family route.


yeah, i was right about it... its a great to here that. Also something i thought about, since the new DLR is within the immigration rule, then i'm guessing there will also be a prevention to public funds? am i correct?

#116 Prince74

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Posted 19 June 2013 - 02:36 PM

Public funds would still not be allowed. The benefits of switching are huge and I would recommend it to those that meets all the other requirements. Some of the benefits are:

a). You will only make three applications : i) first application to switch, if successsful 2.5 years leave will be granted ii) second application to renew the first grant of leave, if successful a further 2.5 years would be granted iii) third application to apply for ILR

'B). You can become british in 6 years time

c). As you would be making a total of three applications, you would save money on application fees and solicitors's charges. If you stayed on the DLR, you would make a total of four applications, that means if you are using a solicitor, you would pay him/her four times to make all the applications on your behalf.

d). It will take you 6 years to qualify for welfare benefits - that's should you ever need it. With the current DLR, it would take you 10 years to be entitled to benefits even though you are working and putting into the pot.

e). You would be on par with those who applied from abroad, you didn't have to pay substantially extortionate application fee, no flight tickets to come to the UK like those who applied from abroad.

f). As you would not be travelling abroad to apply, there will be no disruption to family life.

Edited by Prince74, 19 June 2013 - 02:39 PM.


#117 Victoria

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Posted 19 June 2013 - 02:43 PM

If your spouse is British, you'd be able to become British after 5 years, ie as soon as you have ILR.

#118 Prince74

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Posted 19 June 2013 - 02:53 PM

Hurray, my application to switch has to be in as soon as am done with my mother's funeral, possibly in September/October.

#119 Prince74

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Posted 20 June 2013 - 05:28 PM

My BRP Card has now been received and the HO has informed me through the offices of my MP that my passports will be sent direct to my home address, it will be despatched tomorrow and should be received on Tuesday 25th.





#120 Prince74

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Posted 23 June 2013 - 09:39 AM

Passports received yesterday.

[Case Closed for now]




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