The Emails to the Home Office Begin

28-01-2013
My wife’s application for confirmation of her rights given by the ruling in the Zambrano case arrived at UKBA on the 15th Jan 2013.  We had heard nothing from UKBA since this date about my wife’s application.
We had been very patient up until this point.  Obviously the stresses of the entire case were building up… So after finding this out, I wrote a quick email to the European Department to check on the application….
The emails are as follows:
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Subject: My wifes residence card / my passport / my daughters passport…
From: My @ Email
To: [email protected];
Cc:
Bcc:
Date: Monday, 28 January 2013, 11:09
Dear Sir/Madam,
Your Ref: HO Ref: TXXXX / Port Ref: WMD/xxxxx
I am writing to you in relation to my wifes application under EEA2 for a family permit.
You have my passport, my daughters passport and various other documents with my wifes application. When are these documents due to be returned?
Also, When is the COA due to be issued for my wife?
I am also writing as my wife is expected to attend the West Midlands reporting centre on the first Thursday of each month. Our daughter attends nursery now, so this is not very practicable, as it would mean my child would need to miss her education so as to allow my wife to report.
For my wife to attend the reporting centre she needs to get a train to and from the reporting centre. The train takes an average of 1 or 2 hours each way. Perhaps there is something you would be able to do about this. I see from documentation in relation to reporting that such reporting is only necessary if the subject is a flight risk. This is not the case with my wife. We have a fixed family life.
I also see that a monthly reporting is the most that you can expect from my wife. I know for a fact that many people who are issued with an IS96 are required to report a lot less than this – most commonly 6 month intervals.
i see that you must try to make contact with family members should my wife fail to report. my wife has given UKBA permission to speak to myself on her behalf, yet the West Midlands reporting centre refuses to discuss anything with myself on her behalf. Please explain this?
Also the West Midlands reporting centre state that they can only discuss her case with “her solicitor”. This removes my wifes rights as an individual. In what part of legislation does it state that my wife needs a solicitor to speak on her behalf?
Yours,
Mr P….

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Subject: RE: My wifes residence card / my passport / my daughters passport…
From: Liverpool Euro Passport Returns ([email protected])
To: My @ Email
Cc:
Bcc:
Date: Monday, 28 January 2013, 15:10

Good Afternoon,

In order that I may locate your application, please provide me with the Royal Mail tracking number of the package submitted.

Thank you
Euro
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Subject: Re: My wifes residence card / my passport / my daughters passport…
From: My @ Email
To: [email protected];
Cc:
Bcc:
Date: Tuesday, 29 January 2013, 4:40
Hi,
Thank you for the response…
I am unsure as to why you require the Royal Mail tracking number… I provided you with the home office reference number…
What would happen if my documents were sent untracked?
All the same: XXXXX = Delivered 15.1.13
Further evidence has been provided in reference to my personal health issues. And authorisation has been granted for this to be confirmed with my doctor. I would be unable to care for my children full time without the help of my wife.  I also included a prescription list with recent medication listed.
Whilst I do currently work, I am finding it particularly difficult to continue in my current role – due to my increasing disability. My severe pains result in me having lots of restless nights, and end up dosing up on high amounts of codeine/ibroufen ETC. I do not wish to need to claim benefits, and my wife would be able to work – with no problems of finding employment should she be granted the right to work.
In addition to the above, my wife provides day to day care for myself. – I would not be able to care for my children on my own. I sleep at irregular times, and would often need to leave our very young (5 month old, and 3 year old) unattended so as to be able to rest.
Can you please confirm reciept of the application, and confirm that my wifes application is valid and whether any further documentation is required…
Yours,
Me..
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Subject: Re: My wifes residence card / my passport / my daughters passport…
From: My @ Email
To: [email protected];
Cc:
Bcc:
Date: Monday, 4 February 2013, 12:07
I wrote to yourselves last week with regards to my passport, my daughters passport and various other documents. You simply need to copy these documents. Holding these documents hinders our rights under Free Movement. And the holding of our documents is not entirely necessary for the application to proceed. You simply need to verify the authenticity ETC.
I also refer to the COA which my wife recieved… I do not see how you cannot confirm my wifes right to work within the UK. Under EU law, you should confirm my wifes right to work, and confirm her derative rights whilst an application is in process.
Attached is a letter my wife sent to yourself on 2-2-13.
I am still awaiting a response to my mail from 28-1-13.
Yours,
Wayne Pearsall.

Attached to this was this very simple letter, which was also posted on the 2nd Feb 13 upon receipt of a COA which did not confirm my wife’s right to work within the UK: [wifes name] [home address]
2nd Feb 2013

Dear Sir/Madam

RE: Certificate of Application

I am writing to you today in reply to your letter dated 29th Jan 2013 (Certificate of Application).

I am writing to query as to whether you have read my application and confirmed the details on my application form.

I notice from your letter that you have my name on your system incorrect.  My legal name is Mrs [Married Name] – as confirmed by the Marriage Certificate that you were sent along with my application.

I notice that you are unable to confirm my right to work within the UK at this stage.  Further down your letter are a section of three FAQ’s.  I draw your attention to the fact that none of the three sections of your FAQ refer to myself.

My children are BRITISH CITIZENS.  Not EU Citizens “excersising European free movement” as “a self sufficient person”.

You are well aware of my identification.  You hold a copy of my Indonesian passport, along with a copy of my marriage certificate.

Also, My family is not an “extended family” but direct relatives, and I again draw attention to the fact that my family are BRITISH CITIZENS.

Therefore, as per Directive 2004/38/EC you should confirm that I have the right to work within the UK.

Your FAQ’s do not apply to myself.

Yours,

[signed] Mrs [WIFES NAME]

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Subject: RE: My wifes residence card / my passport / my daughters passport…
From: Liverpool Euro Passport Returns ([email protected])
To: My @ Email
Cc:
Bcc:
Date: Monday, 4 February 2013, 13:45

Good Afternoon,

In order that I may locate your application, Please provide me with the CID reference number.

Thank you

Euro

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Subject: Re: RE: My wifes residence card / my passport / my daughters passport…
From: My @ Email
To: [email protected];
Cc:
Bcc:
Date: Monday, 4 February 2013, 14:34
Did you read previous messages. And attaxhed letter. Amaazing that you always require some number to locate case… Last time was royal mail reference….Your Ref: HO Ref: XXXXSent from Yahoo! Mail on Android
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Obviously, We received no further response to this… So we began waiting… until (see next post)

The Zambrano / Deriviative Rights Application

We had spoken to an immigration lawyer, and he had confirmed our three possible options:
1) Zambrano, which considering UKBA’s interpretation of the law was “Borderline” as I was a British Citizen.
2) Submit a further FLR(M) application and hope for the best – I NOTE: After reading, the application we need to use is FLR(O) < based on our children and the application being “OUTSIDE OF THE RULES!”
3) To use the Surinder Singh route of the EEA Free Movement Directive 2004/38/EC.  This route basically means: If a British Citizen is living in his home country he cannot rely on the terms of Directive 2004/38/EC as he has not invoked his right to free movement.  However, the case of Surinder Singh ruled that if a person was to work in another EEA Member State then he would be afforded all rights from the Directive upon his return to the country.  And therefore his spouse would be able to return to the country along with him.

As the EEA application was non chargeable we completed the TWO FORMS.
We completed form EEA2, and form DRF1.  In addition to this, my wife attached a letter outlining the needs of our youngest child being a baby etc.
EEA2: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea21.pdf
DRF1: http://www.ind.homeoffice.gov.uk/eucitizens/derivative/applying-derivative/

We posted the Zambrano application off, using Special Next Day recorded delivery.

PLEASE UNDERSTAND THE FOLLOWING:
The ruling of Zambrano was that the primary carer of an EU citizen cannot be removed from the member state.  UKBA’s interpretation of this is that if there is another carer in the UK with an equal caring role, then the removal of the third country national would not force the EU citizen (British Citizen) to be removed from the EEA.

When submitting your application ensure to include all of the following:
Proof that the child is indeed British.
Proof of your relationship with the child.
Proof that you are the primary carer for the child.
= See above. This can include:
== Letters from the child’s school.
== Letters from the your doctor.
== Letters from the local SureStart centre.
== Letters from the priest at your local church that you attend on a regular basis.
== Ensure you establish why your removal will also remove the EU citizen from the UK.
= Include all of the possible evidence to show dependency upon yourself.  This includes:
== Emotional Dependency
== Financial Dependency
== Physical Dependency

Things to submit are Photographs of the children and parent together, a detailed letter from any local help services, gp’s etc which know you, or if you are (unlucky/lucky? enough) to have required a local authority to be involved with your case – their input also.

I once again refer you to this FOI response of 9th April 2013 (although further information is awaited):
https://www.whatdotheyknow.com/request/derivative_right_of_residence#incoming-377911
(Direct: https://www.whatdotheyknow.com/request/151507/response/376967/attach/2/FOI%20response%2026630%202013%2004%2009%20FINAL.pdf)
Particularly Annex A and Annex F

Zambrano Application

So, after months of trying, and no success.  I got a little frustrated.  Knowing about the pending rules for Legal Aid removing support for both family and immigration cases.  I made a post on the following website: Immigration Boards.com

I was given some info by Obie about Deriviate Residence under “Zambrano“.  I started to Google the term, and came up with no end of information on the “perceived” aspect and scope of Zambrano.

The particular thread that drew my attention was:
http://www.freemovement.org.uk/2012/06/25/making-a-zambrano-application/

Along with the official UKBA website page:
http://www.ukba.homeoffice.gov.uk/eucitizens/derivative/

I have made numerous Freedom of Information Requests on the subject, although most FOI requests to UKBA seem to go unanswered.

Here are a few that may be of use if you decide to apply via Zambrano:
Derivative Rights of Residence:
https://www.whatdotheyknow.com/request/derivative_right_of_residence#incoming-377911

Section 55 of the Act: https://www.whatdotheyknow.com/request/section_55_of_the_immigration_ac#incoming-378061

Certificate of Application: https://www.whatdotheyknow.com/request/certificate_of_application_5#incoming-377004

Considering United Nations Rights of the Child: https://www.whatdotheyknow.com/request/considering_un_rights_of_the_chi#incoming-376909

I will post a further thread later on with a detailed list of “Evidence” to submit along with your claim.