Zambrano Settled Status EU settlement scheme Paper Application Form

[apollo_alpha]

Hello House,

Thanks for all your responses.

[Ngoo]

@Ngoo

The Home Office word OVERLAPS is very ambiguous in its Representation in EEA Zambrano and Settlement Scheme application.

The Regulation 16 never made mentioned that someone should have made a domestic immigration application before you can be entitle for Zambrano right to reside.

When we go through Derivative Right To Reside 2016 section 7 and 7(a) which I have discussed before, those with 2.5 LTR do not fall under Persons Exempt.

Under British Domestic Immigration also people with 2.5 LTR are termed "persons under immigration control"

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)

Home Office in its redefine of 16 December 2019 Supreme Court Judgment of Patel vs SSHD has said that those who have had Leave To Remain and applied to the scheme can only proceed through if only the british child would be compelled to leave the member State should the settlement or EEA Zambrano application refused.

That is why the provision of 28 days or less was inserted into the guidance.

So what Home Office is trying to argue is if anyone applying have leave above 28 days at the time of caseworkers making decision should be refused because that would not let the british child be in compulsion situation.

These guidances dont make any meaningful legal sense as Home Office once again has open it to the courts to decide.

My experience at the Immigration Court for my appeal was that, the Judge said

ANY RULE WHICH DOES NOT CONFORM WITH THE ORIGINAL ZAMBRANO RULING AND CASE LAWS AND REGISTRATION 16 can never be used by the Home Office as if permitted would loosen the Article 20 of TFEU.

Meaning those with expired 2.5 or about to expire Leave to Remain shouldnt renew it has been renewed would give Home Office the illegal power to refuse whether EEA Zambrano or settlement scheme Zambrano.

But those who once had derivatives and went to other domestic immigration route are not affected by Home Office heavy handed policy as the settlement scheme only went people who have or had only spent 5years continuously.

That is how I think Home Office is playing the chess board.

But Thank God there is appeal right and the abuse will not be accepted by the law Court

@Snooky, thanks for the detailed explanation.Well appreciated. Remain blessed.

[Ngoo]

The Charity lawyer who took on my case with home office, when as a sole carer of a British child, out of desperation, I went to seek asylum ( thinking asylum seeking was a walk in the park) , reminded home Office that 1) A Zambrano carer is a Zambrano carer with or without a derivative card. 2) That my Zambrano carer’s derivative right started immediately I gave birth to that British child. My experience has shown me that Home Office has a bag full of tricks, they bring out for each situation when needed. I had no derivative card prior to receiving my 2.5yrs leave to remain. I also received that ltr 9 days before my child turned 5. It is my first 2.5 and will expire in July. Deep down I believe with the EU settlement scheme we Zambrano carers are on the right track. It is just Home Office mind games that has turned me into a SCARY CAT.

@lulubaby, I totally agree with you. Indeed, they enjoy stressing people out.Thanks

[mummy21]

Hi everyone!

I made a complaint to the Home Office and my MP about the length of my application upon your advice. (Application made 15th July and COA 8th of August 2019). I ended up homeless and unable to work due not having any status while waiting for a decision. Anyway I made the complaint on 31st of January 2020 and received a reply saying they would respond within 20 working days which was today but I still haven't heard from Home Office except a letter asking for more evidence by today for my application (which I sent last week and they took over a week to confirm they did get the new documents).

Is there anything I should do to follow up on my complaint? Also my MP has yet to respond and I emailed her office on the 31st of January 2020. I know she is a new MP but surely a month is long enough to respond even if generically

[mubashir1981]

Hi everyone!

I made a complaint to the Home Office and my MP about the length of my application upon your advice. (Application made 15th July and COA 8th of August 2019). I ended up homeless and unable to work due not having any status while waiting for a decision. Anyway I made the complaint on 31st of January 2020 and received a reply saying they would respond within 20 working days which was today but I still haven't heard from Home Office except a letter asking for more evidence by today for my application (which I sent last week and they took over a week to confirm they did get the new documents).

Is there anything I should do to follow up on my complaint? Also my MP has yet to respond and I emailed her office on the 31st of January 2020. I know she is a new MP but surely a month is long enough to respond even if generically

Wait for ur complaint reply. If they dont fully uphold ur complaint as for review. Once u have reply for review and still dont fully uphold ur complaint. Then go to phso website download form fill it send to ur mp and ask her to fill section 5 and send it to phso.

[bjoflondon]

Hello House,
Are you allowed travel out of the Uk while waiting a decision on your Zambrano paper application please. It’s a 2.5 visa running out this month.

[shay007]

Did anyone receive a letter starting a birth certificate is required to show the true link between the carer and the child? I think a lot of people are getting that I assume.

[LULUBABY]

Hello House,
Are you allowed travel out of the Uk while waiting a decision on your Zambrano paper application please. It’s a 2.5 visa running out this month.

If it were me, I wouldn’t risk it, in case of unforeseen circumstances causing unnecessary delay back home.

[LULUBABY]

I submitted my child’s birth certificate to prove I am the mum.

[LULUBABY]

Did anyone receive a letter starting a birth certificate is required to show the true link between the carer and the child? I think a lot of people are getting that I assume.

I haven’t received such letter. I submitted my child’s birth certificate in my initial application. Didn’t you submit your child’s birth certificate to them already, when you applied for the EU settlement scheme?.

[Darasimidd]

I raise a complaint on Saturday and receive this email today

Thank you for your telephone contact on 29 February 2020 concerning the progress of your EUSS paper based application that the Home Office have received from yourself.



Your application has been lodged with us on the basis that you have a derivative right to residence in the UK under the terms of the Zambrano case ruling. In particular with reference to the fact that you are regarded as being the “primary carer of a British citizen child”. I would inform you that by their very nature this specific case type is a little bit more complicated and detailed than is normally the case.



I can confirm that our current recorded timeframe of 5 days to 1 month to process an EUSS application which is presently published on gov.uk is an expected processing time. This is an indication of how long it may take to receive a decision on an application to the EU Settlement Scheme, and is not a service standard.



An EUSS application is likely to take longer to process if:



we need to request more information from an applicant
you are applying as a minor and your application is not linked to an adult
you submit a paper based application
you have a relevant criminal record
you are a non-EEA or non-Swiss citizen and are applying based on a relationship that you have not relied upon in a previous application to the Home Office


In these instances, processing times will vary on a case-by-case basis, based upon how quickly an applicant can provide the requested information, and the circumstances and/or individual needs of each applicant.



The Home Office have to make a number of detailed enquiries before such time that we can reach a decision on whether or not to grant status to an individual under the terms of the EUSS. The extent and length of time taken to complete these enquiries varies according to the prevailing circumstances of each particular application. Thus far our internal enquiries have not been completed in regards to your paper based EUSS application that we have received from yourself and we are most sorry for the lengthy delay that has been incurred.



We would kindly ask that you continue to remain patient whilst our deliberations are ongoing.

[Rosh1234]

Hi guys,

I’ve been following this thread for a while and I read all your contributions to this topic but all the information here have confused me. I’m sorry for asking a question that’s already been answered by many but I am going through a very hard period of time in life leading to depression and I’m finding it hard to make much sense to a lot that’s been written. Can someone please be kind enough to give me a simplified answer to my questions below

1. I currently have 2.5 years LTR under 10 year route on the basis of my child, granted in December 2018. I am due for first renewal next year May. My daughter who turned 10 last December, has a pending home office British registration( Form T) application and by God’s grace, should be registered as British citizen in the coming months. What are my chances of successfully applying for EU pre settlement?

2. Prior to the home office deciding my LTR application in 2018, I started a new relationship. Subsequently, I got married religiously and my daughters and I have started living with my husband. We have also welcomed a new baby two months ago. My husband has overstayed his visa in the UK. We have been advised to submit a human rights application following the registration of my daughter as a British citizen but I wanted to know if my husband can be added to the application ( if I am eligible to apply for EU pre settlement as a career of a British child) . He has not legally adopted my daughter ( due to his immigration status) but he’s involved in her life. Following the solicitor’s advice, we are trying to acquire proof of his involvement in her life and we should be able to gather some evidence in the coming months.

I would be very grateful if anyone could answer these questions for me.

Thanks in advance

[LULUBABY]

I raise a complaint on Saturday and receive this email today

Thank you for your telephone contact on 29 February 2020 concerning the progress of your EU Settlement Scheme paper based application that the Home Office have received from yourself.



Your application has been lodged with us on the basis that you have a derivative right to residence in the UK under the terms of the Zambrano case ruling. In particular with reference to the fact that you are regarded as being the “primary carer of a British citizen child”. I would inform you that by their very nature this specific case type is a little bit more complicated and detailed than is normally the case.



I can confirm that our current recorded timeframe of 5 days to 1 month to process an EU Settlement Scheme application which is presently published on gov.uk is an expected processing time. This is an indication of how long it may take to receive a decision on an application to the EU Settlement Scheme, and is not a service standard.



An EU Settlement Scheme application is likely to take longer to process if:



we need to request more information from an applicant
you are applying as a minor and your application is not linked to an adult
you submit a paper based application
you have a relevant criminal record
you are a non-EEA or non-Swiss citizen and are applying based on a relationship that you have not relied upon in a previous application to the Home Office


In these instances, processing times will vary on a case-by-case basis, based upon how quickly an applicant can provide the requested information, and the circumstances and/or individual needs of each applicant.



The Home Office have to make a number of detailed enquiries before such time that we can reach a decision on whether or not to grant status to an individual under the terms of the EU Settlement Scheme. The extent and length of time taken to complete these enquiries varies according to the prevailing circumstances of each particular application. Thus far our internal enquiries have not been completed in regards to your paper based EU Settlement Scheme application that we have received from yourself and we are most sorry for the lengthy delay that has been incurred.



We would kindly ask that you continue to remain patient whilst our deliberations are ongoing.

. What ‘deliberations’ ?. Are there more than one caseworker involved?. Has it now turned to court case where jury will make a decision?. No more enquiries stage, no more investigation, it is now deliberations. Mhhhhhhh, Home Office.

[Tinumo]

Hello everyone for some strange reasons I was locked out of this board.
I am on the same ship as those of us who applied in June 2019 as a parent of British child on a current 2.5 leave and COA in July 2019.
And nothing up to now.
I think someone made mention of someone who requested for a document from HO and it wasn’t sent back within 72hrs that was me.
I requested for my daughter’s birth certificate after 4-5 months for her nursery registration and to my surprise all my documents were sent back within 72hrs recorded delivery.
And I phoned them to ask if all those documents has been scanned I was told not yet and that they will request for it when they need it, I didn’t fall for the trap I returned the same documents back with recorded delivery within 48hrs too and I chased it up to be sure it’s with them and since then when I ring it’s one apology over another..
And I am due for renewal in July but I don’t think it should take that long as it’s 9months already.
Although I had been busy saving for my renewal just incase.
I haven’t been a carer for 5 years as my lil one is 3yeara but I had been here for over 11years so either settled or pre settled I don’t mind..
The thought of paying for almost 4grand plus premium service makes my heart skip..
Congratulations to those who had been sorted hopefully soon for the rest of us....

[Tinumo]

I did try to check my status online after a passcode was sent into my email, but what I got was application still under review.
I will ring them before the end of this week, a part of me want to ring them and scream and a part of me is so polite and they kept assuring me they will put a note on the application for case worker to have a review ASAP that is going to be 2months.
I just hope they won’t ask more silly document as I gave them
My all.
I am a single mum baby father never met her or want to be in her life I even went to court to chase up a declaration of parentage so his name could be put on her birth certificate for me to obtain her passport when she was born and we had three hearings, dude didn’t turn up in court and refused DNA testing and court then made judgment so I gave them all so I don’t expect them to start asking me for further details of who the child will stay with or Evidence of relationship with the father COA their is NONE...

[snooky]

I raise a complaint on Saturday and receive this email today

Thank you for your telephone contact on 29 February 2020 concerning the progress of your EU Settlement Scheme paper based application that the Home Office have received from yourself.



Your application has been lodged with us on the basis that you have a derivative right to residence in the UK under the terms of the Zambrano case ruling. In particular with reference to the fact that you are regarded as being the “primary carer of a British citizen child”. I would inform you that by their very nature this specific case type is a little bit more complicated and detailed than is normally the case.



I can confirm that our current recorded timeframe of 5 days to 1 month to process an EU Settlement Scheme application which is presently published on gov.uk is an expected processing time. This is an indication of how long it may take to receive a decision on an application to the EU Settlement Scheme, and is not a service standard.



An EU Settlement Scheme application is likely to take longer to process if:



we need to request more information from an applicant
you are applying as a minor and your application is not linked to an adult
you submit a paper based application
you have a relevant criminal record
you are a non-EEA or non-Swiss citizen and are applying based on a relationship that you have not relied upon in a previous application to the Home Office


In these instances, processing times will vary on a case-by-case basis, based upon how quickly an applicant can provide the requested information, and the circumstances and/or individual needs of each applicant.



The Home Office have to make a number of detailed enquiries before such time that we can reach a decision on whether or not to grant status to an individual under the terms of the EU Settlement Scheme. The extent and length of time taken to complete these enquiries varies according to the prevailing circumstances of each particular application. Thus far our internal enquiries have not been completed in regards to your paper based EU Settlement Scheme application that we have received from yourself and we are most sorry for the lengthy delay that has been incurred.



We would kindly ask that you continue to remain patient whilst our deliberations are ongoing.

Darasimidd

This is another PIRATE Response

We have come to a realisation that Home Office response to our Complaints is a standard one.

They are not making any sense as responses are not bespoke to the individual.

I wonder how long Home Office would get away with this babaric Treatment to human beings.

When I complain, Home Office actually went on given me an estimated date, below is a transcript, quote and unquote

We would kindly ask that you continue to remain patient whilst our deliberations are ongoing. We will endeavour to decide all of these applications by the 17 April 2020 at the very latest.

Anyway Home Office can play the game as they want but there is time for everything to come to an end.

Long live Zambrano

[snooky]

Hi guys,

I’ve been following this thread for a while and I read all your contributions to this topic but all the information here have confused me. I’m sorry for asking a question that’s already been answered by many but I am going through a very hard period of time in life leading to depression and I’m finding it hard to make much sense to a lot that’s been written. Can someone please be kind enough to give me a simplified answer to my questions below

1. I currently have 2.5 years LTR under 10 year route on the basis of my child, granted in December 2018. I am due for first renewal next year May. My daughter who turned 10 last December, has a pending home office British registration( Form T) application and by God’s grace, should be registered as British citizen in the coming months. What are my chances of successfully applying for EU pre settlement?

2. Prior to the home office deciding my LTR application in 2018, I started a new relationship. Subsequently, I got married religiously and my daughters and I have started living with my husband. We have also welcomed a new baby two months ago. My husband has overstayed his visa in the UK. We have been advised to submit a human rights application following the registration of my daughter as a British citizen but I wanted to know if my husband can be added to the application ( if I am eligible to apply for EU pre settlement as a career of a British child) . He has not legally adopted my daughter ( due to his immigration status) but he’s involved in her life. Following the solicitor’s advice, we are trying to acquire proof of his involvement in her life and we should be able to gather some evidence in the coming months.

I would be very grateful if anyone could answer these questions for me.

Thanks in advance

Rosh1234

My friend dont get depress. Be strong irrespective of the situation. Soldiers fight wars. We are all Soldiers. Lol

Now to your questions

1. There is nothing in the EEA Regulations Derivative Right To Reside 2016 which stops you to apply for Zambrano right to reside.

2. EU Settlement Scheme is a bit dicey and different when it comes to its implementations. First of all, EUSS is not under EU RULES

If you think you are a Zambrano Carer then I would advice you to apply for under the EEA Regulations Zambrano which Home Office will respond very quickly and moreover refuse it too. The good thing is you would have an appeal right under section 36 of the regulations then a Judge would make a good decision.

With EUSS Home Office is not responding quickly and you could be in for a long time and that could increase your anxiety. Those who have already got Zambrano would be given EU Settlement Scheme either settled or pre-settled no matter what comes because they have been assessed already according to the EUSS caseworkers guidance stage 1-4.

Now as your child has turned 10 years by living in the UK continuously, the Home Office would make your child a British under section 1(4). Your Zambrano right will only start on the day the certificate is granted.

With your husband's he can't join to do Zambrano derivative or EUSS as his child isnt having a derivative right and the british child isnt his too. The only way he can be Included is to go to Court for Parental Responsibility Order. Adoption a lengthy process which involves money and take years.

He could do Appendix FM application under EX1 or flr as partner if he could show he has lived with you for 2 years as you do the Zambrano.

EU Settlement Scheme is a British promise to secure all EU right

[snooky]

Hello everyone for some strange reasons I was locked out of this board.
I am on the same ship as those of us who applied in June 2019 as a parent of British child on a current 2.5 leave and COA in July 2019.
And nothing up to now.
I think someone made mention of someone who requested for a document from HO and it wasn’t sent back within 72hrs that was me.
I requested for my daughter’s birth certificate after 4-5 months for her nursery registration and to my surprise all my documents were sent back within 72hrs recorded delivery.
And I phoned them to ask if all those documents has been scanned I was told not yet and that they will request for it when they need it, I didn’t fall for the trap I returned the same documents back with recorded delivery within 48hrs too and I chased it up to be sure it’s with them and since then when I ring it’s one apology over another..
And I am due for renewal in July but I don’t think it should take that long as it’s 9months already.
Although I had been busy saving for my renewal just incase.
I haven’t been a carer for 5 years as my lil one is 3yeara but I had been here for over 11years so either settled or pre settled I don’t mind..
The thought of paying for almost 4grand plus premium service makes my heart skip..
Congratulations to those who had been sorted hopefully soon for the rest of us....

Good spirit, keep it up

[Ngoo]

@Mubashir and Snooky!

I received the Acknowledgment Of Notice Of Appeal today.
Basically the letter says this is to acknowledge receipt of your appeal to the First -Tier Tribunal.
You will be informed of the progress of your appeal in due course.
When I submitted the appeal they stated that, if i have new evidence or additional information it should be sent to them. So , I sent the copies of my 2nd child passport and birth certificate which wasn’t included in the initial application. Because I only submitted the passport of my 15years old child.

What should I do to have a good chance to win the appeal? Thanks

[mubashir1981]

@Mubashir and Snooky!

I received the Acknowledgment Of Notice Of Appeal today.
Basically the letter says this is to acknowledge receipt of your appeal to the First -Tier Tribunal.
You will be informed of the progress of your appeal in due course.
When I submitted the appeal they stated that, if i have new evidence or additional information it should be sent to them. So , I sent the copies of my 2nd child passport and birth certificate which wasn’t included in the initial application. Because I only submitted the passport of my 15years old child.

What should I do to have a good chance to win the appeal? Thanks

I have been asked to send my written evidence and submission until 19 march to court and HO need ro send me documents to me until 17 to me. I have made Skelton of argument for me including submissions. I am doing all by muself without solicitor.
Will keep u updated

[mubashir1981]

And my court is same as snookey. Taylor House london.

[snooky]

@Mubashir and Snooky!

I received the Acknowledgment Of Notice Of Appeal today.
Basically the letter says this is to acknowledge receipt of your appeal to the First -Tier Tribunal.
You will be informed of the progress of your appeal in due course.
When I submitted the appeal they stated that, if i have new evidence or additional information it should be sent to them. So , I sent the copies of my 2nd child passport and birth certificate which wasn’t included in the initial application. Because I only submitted the passport of my 15years old child.

What should I do to have a good chance to win the appeal? Thanks

Mubashir

Make sure you send school Letter GP letter and puctures of the whole family

If you have and submitted enough documentations already then just wait for a letter from post telling you your appeal is allowed

Congrats

[mubashir1981]

@Mubashir and Snooky!

I received the Acknowledgment Of Notice Of Appeal today.
Basically the letter says this is to acknowledge receipt of your appeal to the First -Tier Tribunal.
You will be informed of the progress of your appeal in due course.
When I submitted the appeal they stated that, if i have new evidence or additional information it should be sent to them. So , I sent the copies of my 2nd child passport and birth certificate which wasn’t included in the initial application. Because I only submitted the passport of my 15years old child.

What should I do to have a good chance to win the appeal? Thanks

Mubashir

Make sure you send school Letter GP letter and puctures of the whole family

If you have and submitted enough documentations already then just wait for a letter from post telling you your appeal is allowed

Congrats

I am also adding my and my wife pay slips referring that if our appel is unsuccessful we will not able to continue our jobs. As coa confirms thst we will not have right to work in uk whn my appel righs finish.
I am waiting for home office bundle to come first as they need to send me 48 hrs b4 mine is due to send. In Skelton of argument i need to put HO bundle and page reference no. So i am waiting for that.

[snooky]

@Mubashir and Snooky!

I received the Acknowledgment Of Notice Of Appeal today.
Basically the letter says this is to acknowledge receipt of your appeal to the First -Tier Tribunal.
You will be informed of the progress of your appeal in due course.
When I submitted the appeal they stated that, if i have new evidence or additional information it should be sent to them. So , I sent the copies of my 2nd child passport and birth certificate which wasn’t included in the initial application. Because I only submitted the passport of my 15years old child.

What should I do to have a good chance to win the appeal? Thanks

Mubashir

Make sure you send school Letter GP letter and puctures of the whole family

If you have and submitted enough documentations already then just wait for a letter from post telling you your appeal is allowed

Congrats

I am also adding my and my wife pay slips referring that if our appel is unsuccessful we will not able to continue our jobs. As coa confirms thst we will not have right to work in uk whn my appel righs finish.
I am waiting for home office bundle to come first as they need to send me 48 hrs b4 mine is due to send. In Skelton of argument i need to put HO bundle and page reference no. So i am waiting for that.

Dont worry about Home Office. Their bundle is copied letters you Sent and the application. They got nothing to add.

Dont send payslips because with EEA EU applications there is no financial requirements and not important.

All what is important is school Reports, letters from GP Dentist school Optician and puctures. Letters addressed to you from kids school or GP

You will be fine

[Ngoo]

@Mubashir,
Brilliant! I have sent lots of documents such as school reports , doctor’s letter, letter from my employer, letter from my son’s football club. Though I didn’t include pictures. I have no clue what to argue i would love to see what your arguments are if the HO demand for it. Me too, I will represent myself on paper ,many thanks