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Sorry for late reply, I was sleeping all day 2day.Ngoo wrote: ↑Wed Feb 12, 2020 7:49 pmHello Mubashir,mubashir1981 wrote: ↑Tue Feb 11, 2020 8:54 pmI am at work will finish 6 am morning so will send u detail in morningNgoo wrote: ↑Tue Feb 11, 2020 8:38 pmYeah please I need it. Please I need assistance cos I have no idea how do it. Though I want to make a paper appeal. Many thanksmubashir1981 wrote: ↑Tue Feb 11, 2020 8:26 pm
https://immigrationappealsonline.justic ... k/IACFees/
If u need grounds of appeal ler ne k ow i will give u.
Please don’t forget to send the appeal stuff, thank you.
. Ok, I will keep calling them, at least for my sanity sake. You are right, they are beginning to feel the heat. Obviously our repeated calls and complaints are paying off. The struggle continues.Chris90 wrote: ↑Wed Feb 12, 2020 10:58 amIt's a sign that their cup is full of people wanting to resolve their cases and they ran out of excuses to keep us hanging. Not a bad thing. We are all due a decision and the pressure they face is a reminder of the lives on wait...LULUBABY wrote: ↑Wed Feb 12, 2020 10:06 amGoodmorning all, I just called the EU settlement centre and the guy who picked didn’t waste time to remind me that I spoke to a manager on the 8th of February and that the said manager asked me to give them a month and that I will receive a Decision within one month. I asked him if the ‘a month’ meant by 8th of March, he told me he couldn’t guarantee if I will get a decision then. I then asked him, “which means I should TRUST that Manager I who asked me to wait a month?”. He just snapped that I should give them a month as was told. He said that based on that he didn’t have any update for me. Honestly, it doesn’t feel like I just spoke to that manager 4days ago. I don’t know why I am so paranoid and feel like I have been waiting for ages. The fact that I don’t trust the Home Office makes it worse. Unfortunately, I am not a good shock absorber.
Do not get discouraged, you are entitled to a decision on you application or a valid reason for the delay and until one reaches you, you have every reason to want it sorted.. Try again tomorrow or later.
Ok, I will. Thanks.snooky wrote: ↑Wed Feb 12, 2020 11:10 amLULUBABYLULUBABY wrote: ↑Wed Feb 12, 2020 10:06 amGoodmorning all, I just called the EU settlement centre and the guy who picked didn’t waste time to remind me that I spoke to a manager on the 8th of February and that the said manager asked me to give them a month and that I will receive a Decision within one month. I asked him if the ‘a month’ meant by 8th of March, he told me he couldn’t guarantee if I will get a decision then. I then asked him, “which means I should TRUST that Manager I who asked me to wait a month?”. He just snapped that I should give them a month as was told. He said that based on that he didn’t have any update for me. Honestly, it doesn’t feel like I just spoke to that manager 4days ago. I don’t know why I am so paranoid and feel like I have been waiting for ages. The fact that I don’t trust the Home Office makes it worse. Unfortunately, I am not a good shock absorber.
Keep the fire on. At times the People we speak with are not even Managers at the HO
They doing everything to stop people chasing up the case
Home Office can't tell you to phone to or tomorrow.
Make a formal complain to the complaint Department and copy your MP and PHSO as Zambrano_ombudsman said in his post.
mubashir1981 wrote: ↑Wed Feb 12, 2020 8:24 pmSorry for late reply, I was sleeping all day 2day.Ngoo wrote: ↑Wed Feb 12, 2020 7:49 pmHello Mubashir,mubashir1981 wrote: ↑Tue Feb 11, 2020 8:54 pmI am at work will finish 6 am morning so will send u detail in morning
Please don’t forget to send the appeal stuff, thank you.
any way I got my appeal notification.
u can put this ground of appeal if there is only reason is that u did not make application under uk law.
"Home office have refused our application for derivative right to reside under the Zambrano ruling with reasoning that “ you have previously made no attempt to regularise your status in the United Kingdom via an application under the domestic Immigration rules” is not relevant to our case and is not in accordance with EU law.
Section 15A of the EEA Regulations contains no such a provision that a human rights application (e.g. by way of Appendix FM) be made before an application under the Zambrano route.
A refusal to grant a right of residence to a third country national who are primary carer of British child, and also a refusal to grant such a person a work permit, has such an effect to compelled to leave UK with British Child.
We have given right to appeal against this decision under regulation 36 of the immigration EEA Regulation 2016."
80
u need to submit two appeal if your parter is also listed on your resusal letter so 80 pond for each.
ok
do this the I let u know further.
Thanks
NgooNgoo wrote: ↑Wed Feb 12, 2020 9:18 pmmubashir1981 wrote: ↑Wed Feb 12, 2020 8:24 pmSorry for late reply, I was sleeping all day 2day.Ngoo wrote: ↑Wed Feb 12, 2020 7:49 pmHello Mubashir,mubashir1981 wrote: ↑Tue Feb 11, 2020 8:54 pm
I am at work will finish 6 am morning so will send u detail in morning
Please don’t forget to send the appeal stuff, thank you.
any way I got my appeal notification.
u can put this ground of appeal if there is only reason is that u did not make application under uk law.
"Home office have refused our application for derivative right to reside under the Zambrano ruling with reasoning that “ you have previously made no attempt to regularise your status in the United Kingdom via an application under the domestic Immigration rules” is not relevant to our case and is not in accordance with EU law.
Section 15A of the EEA Regulations contains no such a provision that a human rights application (e.g. by way of Appendix FM) be made before an application under the Zambrano route.
A refusal to grant a right of residence to a third country national who are primary carer of British child, and also a refusal to grant such a person a work permit, has such an effect to compelled to leave UK with British Child.
We have given right to appeal against this decision under regulation 36 of the immigration EEA Regulation 2016."
80
u need to submit two appeal if your parter is also listed on your resusal letter so 80 pond for each.
ok
do this the I let u know further.
Thanks
Thanks Mubashir.
I will do this tomorrow. I applied with my two younger kids and we were all refused. Do I have to pay the £80 for each child?
YesNgoo wrote: ↑Wed Feb 12, 2020 9:18 pmmubashir1981 wrote: ↑Wed Feb 12, 2020 8:24 pmSorry for late reply, I was sleeping all day 2day.Ngoo wrote: ↑Wed Feb 12, 2020 7:49 pmHello Mubashir,mubashir1981 wrote: ↑Tue Feb 11, 2020 8:54 pm
I am at work will finish 6 am morning so will send u detail in morning
Please don’t forget to send the appeal stuff, thank you.
any way I got my appeal notification.
u can put this ground of appeal if there is only reason is that u did not make application under uk law.
"Home office have refused our application for derivative right to reside under the Zambrano ruling with reasoning that “ you have previously made no attempt to regularise your status in the United Kingdom via an application under the domestic Immigration rules” is not relevant to our case and is not in accordance with EU law.
Section 15A of the EEA Regulations contains no such a provision that a human rights application (e.g. by way of Appendix FM) be made before an application under the Zambrano route.
A refusal to grant a right of residence to a third country national who are primary carer of British child, and also a refusal to grant such a person a work permit, has such an effect to compelled to leave UK with British Child.
We have given right to appeal against this decision under regulation 36 of the immigration EEA Regulation 2016."
80
u need to submit two appeal if your parter is also listed on your resusal letter so 80 pond for each.
ok
do this the I let u know further.
Thanks
Thanks Mubashir.
I will do this tomorrow. I applied with my two younger kids and we were all refused. Do I have to pay the £80 for each child?
Interesting! I have read the refusal letter again to understand their grammar but I bet they purposely make everything more complicated...snooky wrote: ↑Wed Feb 12, 2020 10:15 pm@Ngoo
The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
So if you have ltr under Appendix FM your subject to 13(2) Act which is defined in 17A of the derivative right to reside.
Great, many thanks.mubashir1981 wrote: ↑Wed Feb 12, 2020 10:58 pmYesNgoo wrote: ↑Wed Feb 12, 2020 9:18 pmmubashir1981 wrote: ↑Wed Feb 12, 2020 8:24 pmSorry for late reply, I was sleeping all day 2day.
any way I got my appeal notification.
u can put this ground of appeal if there is only reason is that u did not make application under uk law.
"Home office have refused our application for derivative right to reside under the Zambrano ruling with reasoning that “ you have previously made no attempt to regularise your status in the United Kingdom via an application under the domestic Immigration rules” is not relevant to our case and is not in accordance with EU law.
Section 15A of the EEA Regulations contains no such a provision that a human rights application (e.g. by way of Appendix FM) be made before an application under the Zambrano route.
A refusal to grant a right of residence to a third country national who are primary carer of British child, and also a refusal to grant such a person a work permit, has such an effect to compelled to leave UK with British Child.
We have given right to appeal against this decision under regulation 36 of the immigration EEA Regulation 2016."
80
u need to submit two appeal if your parter is also listed on your resusal letter so 80 pond for each.
ok
do this the I let u know further.
Thanks
Thanks Mubashir.
I will do this tomorrow. I applied with my two younger kids and we were all refused. Do I have to pay the £80 for each child?
And grouds of appeal u need to put in correct box eea i think is box 6 or 7. So just make sure. If u paying with same card i think u can add all the family member details as well. Hope this will help
@Snooky! You guys have been so helpful. I am trying to get my head around the Acts.Thank yousnooky wrote: ↑Wed Feb 12, 2020 10:15 pm@Ngoo
The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
So if you have ltr under Appendix FM your subject to 13(2) Act which is defined in 17A of the derivative right to reside.
Ngoo morningNgoo wrote: ↑Wed Feb 12, 2020 11:39 pmInteresting! I have read the refusal letter again to understand their grammar but I bet they purposely make everything more complicated...snooky wrote: ↑Wed Feb 12, 2020 10:15 pm@Ngoo
The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
So if you have ltr under Appendix FM your subject to 13(2) Act which is defined in 17A of the derivative right to reside.
Part of the letter:
A Zambrano application centres on a person seeking to remain in the U.K. as the primary Carer of a British Citizen.
There is significant overlap with the right to respect for private and family life is protected by Article 8.
It goes on to say that derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.
And then, your application is refused for the following reasons:
Since your most recent application under appendix FM was issued, there has been no significant changes in your circumstances and it is open for you to reapply under the UK domestic law.
The final part of the letter:
As you have been issued leave to remain in the UK under appendix FM previously and your circumstances remain the same it is deemed that a further application under that route would have a realistic prospect of success.
To me this sounds like the home office is contesting my decision to apply for Zambrano derivative card.
Then they concluded the letter:
As a result, refusing you a Zambrano right to reside under the EU settlement would not prevent the British Citizen from residing in the UK.
Hello Snooky,snooky wrote: ↑Thu Feb 13, 2020 7:28 amNgoo morningNgoo wrote: ↑Wed Feb 12, 2020 11:39 pmInteresting! I have read the refusal letter again to understand their grammar but I bet they purposely make everything more complicated...snooky wrote: ↑Wed Feb 12, 2020 10:15 pm@Ngoo
The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).
So if you have ltr under Appendix FM your subject to 13(2) Act which is defined in 17A of the derivative right to reside.
Part of the letter:
A Zambrano application centres on a person seeking to remain in the U.K. as the primary Carer of a British Citizen.
There is significant overlap with the right to respect for private and family life is protected by Article 8.
It goes on to say that derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.
And then, your application is refused for the following reasons:
Since your most recent application under appendix FM was issued, there has been no significant changes in your circumstances and it is open for you to reapply under the UK domestic law.
The final part of the letter:
As you have been issued leave to remain in the UK under appendix FM previously and your circumstances remain the same it is deemed that a further application under that route would have a realistic prospect of success.
To me this sounds like the home office is contesting my decision to apply for Zambrano derivative card.
Then they concluded the letter:
As a result, refusing you a Zambrano right to reside under the EU settlement would not prevent the British Citizen from residing in the UK.
It is very interesting to see that Home Office still discriminating against TCN due to where you’re born. In rule of law there is no difference between these to. Home Office created apartied system to make TCN very inferior.
Third country nationals derives all their EU right from their minor Union citizen. So what power your EU minor child can never be taken away with bureaucratic administrative guidance.
The article 20 of TFEU does not say that you should be refused or had first applied under domestic law before you can be issued a Zambrano derivative. The Zambrano ruling C34/09 2011 does not say that too. Rather it created another route within the wider EU Laws.
Home Office due to that created domestic Zambrano Under the domestic immigration laws Appendix FM, Ex1 to reflect that judgement so that they can sell it to people and make money.
The Supreme Court on 16 December 2019, Sent a clear message to the Home Office that by infringing peoples right it amount to contempt of EU laws directives and Regulations.
Home still has not change their policy and has now made the Court to decide who should have a Zambrano right.
The law is the utmost instrument not the Policy guidance.
The courts said in my case before the Supreme Court ruling that, Home Office guidance is incompatible to my case and does not hold and even not similar and same under their guidance.
Shame to the Home Office for disregarding Supreme Court ruling and we have to write to the attorney General and the Supreme Court to voice out.
Every application refused after Supreme Court ruling becomes a contempt of Court as Home Office refuse to follow Supreme Courts directions
#correction# 7A not 17A
So if you have ltr under Appendix FM your subject to 13(2) Act which is defined in 7A of the derivative right to reside.
Was this an application done under the settlement scheme?mummy21 wrote: ↑Thu Feb 13, 2020 12:04 pmHi everyone
I sent in a complaint last week about the length of time my application was taking and my dire circumstances.
Today I received a letter asking for more evidence relating to the following:
-the last time my child saw their father (sporadically and he has seen his child less than 10 times since he was born. My child is 14 months old)
-why my son's father cannot take care of him (I am my son's primary caregiver and resident parent. He is not involved in my son's life and is now married as well as unreported domestic abuse)
-wvidence of my child's presence in the UK(I have sent his red book with all his check ups and vaccinations as well as over 30 NHS appointment letters and a letter from the GP
-Evidence of me being his primary caregiver. (I have sent a letter from GP stating this and that we are registered together and I am the only one who attends his appointments)
This is the evidence I have sent previously when j first made my application. For more evidence I plan to
-resend GP letter stating I am primary carer
-send more NHS letters for my son
-a letter from me and my brother saying I am his primary caregiver and my son is breastfed
What else can I send?
Are they planning on denying my application and saying my 14 month old can be cared for by his father if I were to leave the UK? How is that fair? What can I provide to counter this
Please help
Im with snooky, it was not a refusal. That wait was very horrible. Is that letter the only contact they made since your Coa. Positive side of things is they are assessing your application.
I think you should call and explain you already provided them evidence that your child is dependent on you and you are finding it difficult to obtain additional evidence due to your child age. Maybe try and get a hold of a health visitor to give you a supportive letter.mummy21 wrote: ↑Thu Feb 13, 2020 1:50 pmHi all
My son is only 14 months and does not have a childminder as I cannot afford one. I can only provide a letter from the GP as I. Am not registered with a dentist and he is not in school and the HB have told me they are no longer allowed to write letters. I had already provided the GP letter in my initial application so wondering what more I can provide or they want.
My biggest fear is they will say my son should be cared for by his father who he barely knows if I return to my country. My child cannot stay in this country without me so will have to leave as I am his primary carer and the resident parent. The question to me feels redundant. How can you force a child to stay with a parent he does not know?
Please dont make your matter worse by thinking negatively.mummy21 wrote: ↑Thu Feb 13, 2020 1:50 pmHi all
My son is only 14 months and does not have a childminder as I cannot afford one. I can only provide a letter from the GP as I. Am not registered with a dentist and he is not in school and the HB have told me they are no longer allowed to write letters. I had already provided the GP letter in my initial application so wondering what more I can provide or they want.
My biggest fear is they will say my son should be cared for by his father who he barely knows if I return to my country. My child cannot stay in this country without me so will have to leave as I am his primary carer and the resident parent. The question to me feels redundant. How can you force a child to stay with a parent he does not know?