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Buachaill, Barrister
Category: UK Immigration Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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hi im eu citizen who live in uk and in march 2010 me and my

Customer Question

im eu citizen who live in uk and in march 2010 me and my partner who is from gambia apply for COA applicationa and in march 2011 we got answer that the application is refuse becouse is not enough evidence that we are couple with we not agree because we are living together over 1 year and 9 months and we have a 7 months old baby.After the refuse in march 2011 we went to gambia and got married when you put aplication for his visa after 3 weeks we got replay that is refuse because my passport was not endorse ,so i did that and on 4 may 2011 we appeal but on the webside is say that can take about 6 months or more for answer. i just want to know if is any possiblity to get the answer immediate because in 3 weeks time i have to back to work and i dont have no one to stay with as baby so i need my husband they have a right to separate the family? what should i do to help him back home ? pls for some help
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Buachaill replied 6 years ago.
Was the child you had together born in an EU country eg the UK and is it an EU or English citizen?
Customer: replied 6 years ago.

was born in uk ,but have eu citizen

Expert:  Buachaill replied 6 years ago.

1. If your child is a citizen of an EU country, then your husband has an automatic right to live and work in the UK as a result of the decision of the European Court of Justice in the Zambrano case. This was only decided eight weeks ago, so it is quite new law. Basically it held that the parent of any EU citizen has the right to live and work in any member state ofthe EU to support his child. Accordingly, your husband now has the right to live indefinitely and work in the UK as a result of his child being an EU citizen. In making a new application to the UK Border Agency, you should base his application on this basis and include a copy of the Birth Certificate of your child or a copy of his EU passport. Alternatively, if you can find that another Member State of the EU would process your husband's application quicker than the six month period the UK border Agency will take, you can apply there on a similar basis as the Zambrano decision is applicable in any EU state. It may be that your country of origin or the country of your child's citizenship will process matters quicker. Once your husband has the right to live and work in any EU state, then he can live and work in the UK.


Please ACCEPT the Answer. I will remain available to answer any further queries you may have.

Customer: replied 6 years ago.
Thx for the replay but all this informationa are no helping me because we all ready put all documents to the UK ambassy in Accra in Ghana for the appeal so I can not apply a new application! I was just want to know if I can apply to the UK Border Agency for a consideration of my case as quick as is possible so he can get his visa quicker then waiting time due to the fact that I have to go back to work and there is nobody to look after our child.Referring to the new law my husban should get a visa and be with his family to help and support.
Expert:  Buachaill replied 6 years ago.

2. I cannot help you with delays within the processing of visa applications. I can only point out that there is a legal solution whereby you can apply to another country's visa process and this way you can avoid a 6 month delay with the UK Border Agency.


Please ACCEPT the Answer as I have answered your question.

Customer: replied 6 years ago.

That will be a good solution but like i say we dont have as document to put a new applicationa so that is not helping me in my cease.I will try to get some help from my mp.