Zambrano Settled Status EU settlement scheme Paper Application Form

[Topsibelle]

I thought l would start this thread for Zambrano carers I.e. Parent of British citizen.
I requested for the form on the 23rd May 2019. I got the form on the 3rd June and sent it back on the 4th June. I had a pending renewal of derivative residence pending with the Home office which was sent on the 20th March, this was returned to me on the 4th June 2019 refused.

So fingers crossed for the outcome of the EU settlement scheme. I have 5 years continuous stay so qualified for settled status.

[doury]

What is the reason for the refusal

[doury]

I got mind on the 3th of June too

[Topsibelle]

What is the reason for the refusal

The reason being we do not meet Regulation 16 (5) of the 2016 regulations (I have British citizen daughter and a EU citizen daughter, born in Belfastin 2004).
Furthermore, they state that we have not attempted to regularise our stay under Domestic law. We sent our passports to the Home office for a renewal of the Derivative residence on the 20th March which is prior to the new policy change on May 2. We had 5 year derivative residence valid from May 12 2014 to May 12 2019. Refusal came on the 3rd of June.

[Topsibelle]

I got mind on the 3th of June too

What did you get?

[mubashir1981]

I also applied joint zambrano with my wife as my child got citizenship 1(4) 10 year age. We both have no leave to remain neither we try to apply under uk law.
If they ask me ro apply under artical 8 there is no provision that jont carer of brotish child is cover. Only sole carer can apply would they still ask me to apply outsite immigration.

[doury]

You can apply as join responsibility since may 2019 the law have change you just apply first under parents routes wish country is your partner from you can also apply as sharing responsibility under Zambrano but the law are different under EU Settlement Scheme they can use discretion

[Topsibelle]

Please help me can our EU settlement scheme application be refused? I'm really petrified.

[doury]

They have not refused no one yet under the settlement scheme they will do all the best to help wish country is your wife from the EU Settlement Scheme is different to the uk law they use discretion just be confident

[Topsibelle]

They have not refused no one yet under the settlement scheme they will do all the best to help wish country is your wife from the EU Settlement Scheme is different to the uk law they use discretion just be confident

I am a woman and l applied with my husband. We are both Nigerians so non EU parents of EU and British citizens. I pray they don't refuse. The derivative residence refusal knocked my confidence.
Thanks

[naa]

What is the reason for the refusal

The reason being we do not meet Regulation 16 (5) of the 2016 regulations (I have British citizen daughter and a EU citizen daughter, born in Belfastin 2004).
Furthermore, they state that we have not attempted to regularise our stay under Domestic law. We sent our passports to the Home office for a renewal of the Derivative residence on the 20th March which is prior to the new policy change on May 2. We had 5 year derivative residence valid from May 12 2014 to May 12 2019. Refusal came on the 3rd of June.

Sorry to hear about the refusal. Pls don't be worried about the settlement scheme because based on their new policy you qualify for settled status. Am praying for you

[naa]

https://www.gov.uk/government/publicati ... march-2019

[Topsibelle]

What is the reason for the refusal

The reason being we do not meet Regulation 16 (5) of the 2016 regulations (I have British citizen daughter and a EU citizen daughter, born in Belfastin 2004).
Furthermore, they state that we have not attempted to regularise our stay under Domestic law. We sent our passports to the Home office for a renewal of the Derivative residence on the 20th March which is prior to the new policy change on May 2. We had 5 year derivative residence valid from May 12 2014 to May 12 2019. Refusal came on the 3rd of June.

Sorry to hear about the refusal. Pls don't be worried about the settlement scheme because based on their new policy you qualify for settled status. Am praying for you

Thank you

[naa]

Hello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.

[Topsibelle]

Hello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.

Hi Naa,

You have nothing to lose by applying for the pre settled status now. It is free. When you derivative residence card is up for renewal they will not renew for you and will send you down the route of 10 year parent route.
The Derivative residence is on your passport I'm guessing and from what I'm reading the settled/ pre settled is on a biometric residence card. Someone on another thread did put up a picture of it.
All the best.

[Ugofify]

I have received my form for Eu settlement scheme as zambrano carer.I have not filled form yet because I have been busy but form is straight forward.I intend to apply for settled status though I have leave to remain as a parent under uk immigration law.will post my timeline here for updates when I send my application.Goodluck all

[ziggylad]

Hello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.

Hi Naa,

You have nothing to lose by applying for the pre settled status now. It is free. When you derivative residence card is up for renewal they will not renew for you and will send you down the route of 10 year parent route.
The Derivative residence is on your passport I'm guessing and from what I'm reading the settled/ pre settled is on a biometric residence card. Someone on another thread did put up a picture of it.
All the best.

Hi everyone, I have a couple of questions before sending my form. i am non-eea but my partner is British and we do have a British child. The Zambrano law defines a primary carer as follows;

The primary carer of a British citizen will have a derivative right to reside in the UK if
the British citizen:
(A) is also residing in the UK
(B) would be forced to leave the UK, and the EEA, should the primary carer be
denied such a right

My question is this, as my wife is British would I be able to justify the B part stated above ?

Secondly, the section which states: Is the applicant required to leave the
UK?

This section tells you how to assess whether a Zambrano applicant (regulation
16(5)) is required to leave the UK, or the EEA, if they are refused a derivative right to
reside.

If the applicant has either:
• limited leave to enter or remain in the UK
• not made any attempt to apply for limited leave to enter or remain in the UK
you must refuse the application as refusal will not force the British citizen to leave the
UK or the EEA. This is because the applicant either has leave or has an alternative
route available for leave to remain in the UK.

A derivative right to reside is only available to an applicant who has no other means
to remain lawfully in the UK as the primary carer of a dependent British citizen, or a
dependent of that primary carer.

My Question: does the fact that I presently hold a 2.5 limited leave to remain mean a Zambrano application will automatically be refused ?

[doury]

Is your 2 years limited to remain was issue as parents or partner

[ziggylad]

Parent route

[Topsibelle]

Hello everyone I'm confused I need advice. I have a Zambrano derivative residence card I will qualify for settled status next year August 2020 when it will be 5 years my son became British . Is it advisable to apply for pre settled status now or wait and apply for settled status next year. Also what happens to the Residence card when you get the pre settled status. Thanks for your time.

Hi Naa,

You have nothing to lose by applying for the pre settled status now. It is free. When you derivative residence card is up for renewal they will not renew for you and will send you down the route of 10 year parent route.
The Derivative residence is on your passport I'm guessing and from what I'm reading the settled/ pre settled is on a biometric residence card. Someone on another thread did put up a picture of it.
All the best.

Hi everyone, I have a couple of questions before sending my form. i am non-eea but my partner is British and we do have a British child. The Zambrano law defines a primary carer as follows;

The primary carer of a British citizen will have a derivative right to reside in the UK if
the British citizen:
(A) is also residing in the UK
(B) would be forced to leave the UK, and the EEA, should the primary carer be
denied such a right

My question is this, as my wife is British would I be able to justify the B part stated above ?

Secondly, the section which states: Is the applicant required to leave the
UK?

This section tells you how to assess whether a Zambrano applicant (regulation
16(5)) is required to leave the UK, or the EEA, if they are refused a derivative right to
reside.

If the applicant has either:
• limited leave to enter or remain in the UK
• not made any attempt to apply for limited leave to enter or remain in the UK
you must refuse the application as refusal will not force the British citizen to leave the
UK or the EEA. This is because the applicant either has leave or has an alternative
route available for leave to remain in the UK.

A derivative right to reside is only available to an applicant who has no other means
to remain lawfully in the UK as the primary carer of a dependent British citizen, or a
dependent of that primary carer.

My Question: does the fact that I presently hold a 2.5 limited leave to remain mean a Zambrano application will automatically be refused ?

Hi,

You will be refused Zambrano as you already have limited leave to remain.
I was refused renewal of my Zambrano because I have not made any attempt to apply for limited leave to enter or remain in the UK. Although l put in my renewal application in March and the new policy came in May. The refusal letter came in June.

[doury]

Just give it a try you never know

[ziggylad]

Thanks, i thought as much.

[Topsibelle]

Try settled status though as parent of British citizen with shared responsibilities. It's free so won't cost you nothing to give it a go.

[What_Do_I_Know]

I thought l would start this thread for Zambrano carers I.e. Parent of British citizen.
I requested for the form on the 23rd May 2019. I got the form on the 3rd June and sent it back on the 4th June. I had a pending renewal of derivative residence pending with the Home office which was sent on the 20th March, this was returned to me on the 4th June 2019 refused.

So fingers crossed for the outcome of the EU settlement scheme. I have 5 years continuous stay so qualified for settled status.

The reason for refusing your Zambrano renewal application is simple. You cannot have two different valid applications with the HO, the last one will cancel out the first application, automatically. So relax, they are considering your recent application, and it will be a Yes, if you pass Suitability, Residence and Criminal tests.

[Topsibelle]

I thought l would start this thread for Zambrano carers I.e. Parent of British citizen.
I requested for the form on the 23rd May 2019. I got the form on the 3rd June and sent it back on the 4th June. I had a pending renewal of derivative residence pending with the Home office which was sent on the 20th March, this was returned to me on the 4th June 2019 refused.

So fingers crossed for the outcome of the EU settlement scheme. I have 5 years continuous stay so qualified for settled status.

The reason for refusing your Zambrano renewal application is simple. You cannot have two different valid applications with the HO, the last one will cancel out the first application, automatically. So relax, they are considering your recent application, and it will be a Yes, if you pass Suitability, Residence and Criminal tests.

I sincerely hope so. I have 2 kids, British and Irish citizens so Chen and Zambrano. I'm banking on either being considered/used for my settled status