Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Hope16]

I am on the verge of loosing my job offer my COA was issued on the 26/11/2019 and given that it’s a job in health services I have to do a DBS check but to have it done I need to have a COA that has been issued within the last 6months and mine I clearly past ...and this is because I don’t have any other form of valid ID at the moment
I called them and they said they can issue me a new one as they only give one per application I took the time to explain to the person I spoke to that it means I will be loosing this job offer and jobs are getting hard to get due to the consequences of the pandemic and that I have been waiting for as long as 11months it either they have me a new COA or they have me an outcome already let me know what is next to than keeping me in limbo and not being able to do anything with my life ...but my problem wasn’t solved and said someone was going to get back to me
My anxiety level are sky rocketing to the point I’ve ask a family member to help me look after my child until I manage I can’t even see someone for help don’t know where else to turn to or what to do at this point

Hope16

Hope all is well and managing.

As far as no one trust the HO for quick action on applications, in this circumstance we need agree that the delay is beyond their control due the covid19 pandemic. Back last year HO wrote to people affirming to finish all Zambrano cases by 17. 04. 20. Their plan was dashed out by the whole system shutdown.

Now it is said that employers fail in their duty to make proper decision when it come to immigration. They are failing to work with the HO.

First of all, COA issued under EU Settlement Scheme has no time limit and only expires when you have been granted Leave under the settlement scheme or Refused and you have absorbed all appeal Right.

Again if you had Leave under EEA already and it has expired whilst doing EU Settlement Scheme application, your entitlement wouldn't change unless Refused and all avenues of appeal has been absorbed or granted leave

Your employer's job is to do RIGHT TO WORK CHECK on you and HO will come up with your entitlement.

So tell your employer that HO is asking them to run a right to work check and it is their duty to do so and not to victimized you.

Be courageous within these hard days and stand firm. All shall pass.

The employers have done the right to work check and all that is needEd but it’s the DBS company that as one of the conditions requires a COA that has been issued within 6months ...I really understand the current situation it’s just what it is

Have you had BRC before.
Where is your passport also

Never had a BRC before and my passport is expired and to apply for a new one from my embassy I need a BRC

[snooky]

@Hope16

Am sorry to see you go through unproactive administrative chain of catastrophes. It is beyond anyone's help now.

Please let us HOPE for a quick miraculous practicable decision.

Stay extremely blessed

[Hope16]

@Hope16

Am sorry to see you go through unproactive administrative chain of catastrophes. It is beyond anyone's help now.

Please let us HOPE for a quick miraculous practicable decision.

Stay extremely blessed

That really kind of you thank you very much for the kind words

[bjoflondon]

Hi All,
Spoke with a manager at the EU resolution Centre yesterday about the length of time my application is taking. He agrees with me and said he was going to escalate my case to the quality team. He said I should expect a response from them within 10 days.
Anyone else experience this please? Application made in September 2019.

[snooky]

Hi All,
Spoke with a manager at the EU resolution Centre yesterday about the length of time my application is taking. He agrees with me and said he was going to escalate my case to the quality team. He said I should expect a response from them within 10 days.
Anyone else experience this please? Application made in September 2019.

bjoflondon

Good on you for putting pressure on them at the resolution centre. It is in the right direction.

The quality control management team is very important within the HO and can accelerate your case but there's one problem. There's a lot of acceleration of cases so it has become ineffective nowadays.

What you have to know straight away is that, the Settlement Scheme is not protected by the "Within 6 Months Rules " of the EEA regulations.

This is a typical domestic UK immigration application and can delay uncontrollably.

What we have seen about 99% of Zambrano EUSS Application time frame is that, it could take up to 10 months for a decision to be made.

Your case is just almost there so dont worry about time again. You have already killed the time. Now decision could be through either post or by telephone any day. Keep checking View My Status also.

The biggest problem we face is the pandemic slowing down all activities so if you had given them enough documents covering 5 years and a current enhanced DBS copy then you have made their job easy.

[bjoflondon]

Thanks Snooky,
The DBS was not part of the requirement when I made the application so didn’t send one. Should I quickly get one done or just wait. Thanks again.

[snooky]

Thanks Snooky,
The DBS was not part of the requirement when I made the application so didn’t send one. Should I quickly get one done or just wait. Thanks again.

No, is too late now. They might have finished all their Suitability checks with the DBS and police national data base by this time.

With eu settlement scheme for Zambranos, you will have to give them everything so that they dont come back to you. Especially if you have past DBS certificates, you add them.

Because you are in your 9th going to 10th months, don't worry too much

Be strong and hope good

[mubashir1981]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

[snooky]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Mubashir1981 mubashir1981 mubashir1981, the battle is ended and no more immigration shenanigans.

Home office Office will not challenge the promulgation of the judges determination. Simple because they know it is a bo win claim.

Home office is trying to derive the weak from getting their status under Zambrano that's why they do refuse. Money is their motivation.

After 30 days I will send you an email to write to them of you haven't received your Zambrano BRC and How to get your money.

The good news of the day is that, your Zambrano Settled is Assured and as you have that is If you have been with your British child for 5 or more years on accordance of Senneh vs sswp or if less then pre settled.

It has been a long journey but there's always a light at the end of every tunnel

Congratulations congratulations

[Ngoo]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

God is so good!!!

Congratulations Mubashir,
I am so pleased for you and your family. You so much deserve it. This is the start of great things to come and i know your EU settlement is positive news.
Dear Snooky, May God almighty Continue to bless you and your family beyond your own expectations. I Wish everyone on this platform the best of luck. Thank you Jesus

[rainbow 66]

Thank you Snooky and mubashir1981 for your valuable information.

I really want to try fee waiver. My only concern is If I try fee waiver, would it affect my application success rate if HO thinks I’m too poor on finance?

I contacted citizen advise bureau yesterday, their legal advise suggested me to wait for decision of current zambrano application under EU settlement scheme and see what’s the reason of refusal and take it from there as they said Home Office is unpredictable and Apendix FM does cost lots of money. Plus they said Home Office will only reopen in July to enroll biometrics, so even I apply Appendix FM now they will not proceed until July. And they said Zambrano status will end when children reach 18 years old. Is that true?

What about logistics if I do not withdraw current application? EU settlement scheme still hold all of my original documents such as my two children’s birthday certificates, etc. When I make a new Appendix FM application, will EU settlement scheme transfer my documents to new application automatically?

Really appreciate your information here. It helps me a lot.

Hi

Fee Waiver will not influence your application. HO does not demonised people because they are poor.

It is true that HO is unpredictable but trust me not on EU Settlement Scheme. They have made it hard for Zambrano people and made it in a way that only few 1000s will qualify.

Zambrano RC technically stops when children turn 18 but if the child still depends on you, HO will have to re-issue. That is why HO has brought Zambrano in line to acquire Settled Status(ILR) under EU Settlement Scheme after residing 5 Years in the UK.

You can do the Appendi FM application and provide copies because nowadays they dont need your original documents as you will have to scan them onto their 3rd party's website.

Whether Home Office's Biomatric centres closed or not, the HO website clearly states application should be done and submitted as normal online and Register with UKVCAS.

You will have to send the settlement scheme people a message to request for your documents

Hi Snooky, Thank you very much for your advice. Of course I trust you. I have submit the fee waiver application. Now I’m waiting to get decision of fee waiver then I can submit my application of appendix FM.

Many thanks for your help.

[Onomskky]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Congrats Mubashir & I hope more good news from the HO will grace the forum soon.

[IST]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Hi Mubashir1981

Congratulations to you and your family,the battle is over now. Enjoy the most of it.

[Fustrated2019]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Congratulations brother. Enjoy your new found freedom

[Sebel]

Congratulations mubashi 1981 and @snooky our helper,we thank you so much for the time you are taking to help us out here courage to tou bro.

I got bad news,my application has been refused saying I currently have a 2.5years leave to remain and I have been giving 28days of administrative review. Please @snooky and @mubashi1981 how can I go about it . Should I open a case? Or how can I go about please need help as this stuff is really stressing me up. Thanks

[Sebel]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Congratulations @mubashir1981 please I will need your help on how you went through the appeal process, I have been refused by HO and given 28days for AR from the 8th of june. Just saw their mail today as its went to my spam.thanks

[snooky]

Congratulations mubashi 1981 and @snooky our helper,we thank you so much for the time you are taking to help us out here courage to tou bro.

I got bad news,my application has been refused saying I currently have a 2.5years leave to remain and I have been giving 28days of administrative review. Please @snooky and @mubashi1981 how can I go about it . Should I open a case? Or how can I go about please need help as this stuff is really stressing me up. Thanks

Hi, sad to hear about your refusal. That's HO at it mean and doing everything possible for only few 1000s to receive Zambrano Pre settled status or Settled status

Read this. It came out on 30 January 2020 and HO is not challenging. They are about to tweak their Guidance for both Zambrano EEA n Zambrano EUSS.

After reading comeback or proceed to AR n Login EEA Zambrano (DRF1)


On 30 January 2020 and having heard a number of test cases, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) has a derivative right of residence notwithstanding that he or she has not yet made an application under the Immigration Rules and pursuant to Article 8 ECHR. The upshot is that the novel concept set out in Home Office policy that a Zambrano carer must first make an unsuccessful fee-paid human rights application before an application under the 2016 Regulations can be submitted is unlawful.

Judge Neville also held that the EU Treaties do not demand an applicant be entitled to a permanent right of residence after living continuously in the UK for a period of five years as Zambrano carers. It was held that a Zambrano right of residence is impermanent by its very nature, and that once the compulsion to follow the third country national (‘TCN’) falls away, there is no basis upon which the British citizen is deprived of his rights under the EU Treaties by the TCN’s removal.

This second issue is the subject of an on-going appeal to the Upper Tribunal. The Secretary of State elected not to appeal the finding on the first issue. The indication from senior sources is that the policy will now be subject to amendment giving effect to the FtT’s ruling.

[snooky]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

God is so good!!!

Congratulations Mubashir,
I am so pleased for you and your family. You so much deserve it. This is the start of great things to come and i know your EU settlement is positive news.
Dear Snooky, May God almighty Continue to bless you and your family beyond your own expectations. I Wish everyone on this platform the best of luck. Thank you Jesus

Good news will come as you have wished. Hope you are well

[snooky]

@those without EEA Zambrano

Please as I always say and had kept saying, please please try spend £65 and bang in your Regulations 16 EEA application for Zambrano. Under Reg 20 of Regulations 16, you have so much power and the courts are with the applicants because Zambrano C30/09 is really protected in there.

EUSS is a totally a domestic UK immigration rules and fighting HO is going to be a bit hard though it deviates from the Withdrawal Agreement set out by all member states.

Please take advantage of your eu right under the regulations and anyone who has Zambrano already and confirmed is 100% getting the settlement scheme

[snooky]

@Leave to Remain 2.5

This is what the EU law states about WHO IS EXCLUDED FROM ZAMBRANO RIGHT TO RESIDE

Reg 16(7)(c)(i) exempt person - British citizens and ILR Only
Reg 16(7)(c)(i) right to reside under eea
Reg 16(8)(b)(ii) uncaring parents

Nb, people with limited leave to remain under rules have the Zambrano right to reside

HO guidance are ambiguous, illegal, not fit for purpose and incompatible with EU law and Parliamentary Statute

[mubashir1981]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Congratulations @mubashir1981 please I will need your help on how you went through the appeal process, I have been refused by HO and given 28days for AR from the 8th of june. Just saw their mail today as its went to my spam.thanks

This is the relevant law used by FTT judge in my appeal determination.
—(1) A person has a derivative right to reside during any period in which the person—

is not an exempt person; and

satisfies each of the criteria in one or more of paragraphs (2) to (6).

…………..

The criteria in this paragraph are that—

the person is the primary carer of a British citizen (“BC”);

BC is residing in the United Kingdom; and

BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.
So if u have limited leave to remain u still fufill the requirementa of the regulation.
As u r not an exempt person. Read snooky post for more details
I would say go for jr and i strongly recommend u if u really want euss then plz make drf1 application as well.


In my appeal jude said about patel case which HO use to abuse law.
Dealing with the point made in the RFRL, regarding the lack of an application under Appendix FM by the appellants, in my judgment, Patel is not to be read as importing an additional requirement that an applicant attempt to regularise their status before making an application for recognition of a derivative right of residence.

Similarly HO is also wrong to refuse derivative right for people who have limited leave to remain

Good luck

[snooky]

Hi everyone
Good news. My appeal against HO has been allowed 2day with fee award. HO wanted to make application under apendex fm.

Big Big thanks to snookey for his great help and support it was not possible without his help.I did not pay single penny to solicitor
Prepare skelton of argument all my self with anookey help.

Congratulations @mubashir1981 please I will need your help on how you went through the appeal process, I have been refused by HO and given 28days for AR from the 8th of june. Just saw their mail today as its went to my spam.thanks

This is the relevant law used by FTT judge in my appeal determination.
—(1) A person has a derivative right to reside during any period in which the person—

is not an exempt person; and

satisfies each of the criteria in one or more of paragraphs (2) to (6).

…………..

The criteria in this paragraph are that—

the person is the primary carer of a British citizen (“BC”);

BC is residing in the United Kingdom; and

BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.
So if u have limited leave to remain u still fufill the requirementa of the regulation.
As u r not an exempt person. Read snooky post for more details
I would say go for jr and i strongly recommend u if u really want EU Settlement Scheme then plz make drf1 application as well.


In my appeal jude said about patel case which HO use to abuse law.
Dealing with the point made in the RFRL, regarding the lack of an application under Appendix FM by the appellants, in my judgment, Patel is not to be read as importing an additional requirement that an applicant attempt to regularise their status before making an application for recognition of a derivative right of residence.

Similarly HO is also wrong to refuse derivative right for people who have limited leave to remain

Good luck

As I always say, the judges are there to see the law works not home office guidance. Any guidance which precludes someone to meet the law is totally illegal and makes home office to be contempt of the Act. Meaning disregarding the rule of law.

Kudos to all ye who have taken the home Office on.

For those who haven't done EEA application, please do bang in one because the only way to argue within the Regulation 16 and Art 20 is to have one.

With the settlement scheme, though home office should have respect to the agreement, they have kept switching it to suit their local immunity policy and the EU has found HO to be unfaithful.

But what HO do to eu citizens in the UK is replicated by others to also disregard the rights of British citizens in the states. Bargain chip as it has been known.

Look at how home office has excluded Settled Status as form of legitimate status requirement for naturalisation. Most EU citizens will have to wait another 5 years to become naturalized after settled status.

The good news is that for Zambrano cares under eu settlement scheme, you only get Settled Status if you have spent 5 years in the UK and not less. This gives Zambrano people edge ahead of the requirements for naturalisation after 12 months of being free from immigration.

For eu and EEA people the promise of they are our friends and we want you to stay is all farce and home Office motivation is money.

Keep up brethren and sistren.

[snooky]

@All

As I always say, the judges are there to see the law works not home office guidance. Any guidance which precludes someone to meet the law is totally illegal and makes home office to be contempt of the Act. Meaning disregarding the rule of law.

Kudos to all ye who have taken the home Office on.

For those who haven't done EEA application, please do bang in one because the only way to argue within the Regulation 16 and Art 20 is to have one.

With the settlement scheme, though home office should have respect to the agreement, they have kept switching it to suit their local immigration policy and the EU has found HO to be unfaithful.

But what HO do to eu citizens in the UK is replicated by others to also disregard the rights of British citizens in the states. Bargain chip as it has been known.

Look at how home office has excluded Settled Status as form of legitimate status requirement for naturalisation. Most EU citizens will have to wait another 5 years to become naturalized after settled status.

The good news is that for Zambrano carers under eu settlement scheme, you only get Settled Status if you have spent 5 years in the UK and not less. This gives Zambrano people edge and ahead of the requirements for naturalisation after 12 months of being free from immigration, apart from that most EEA EU members would have to proof with 5 years documentation of papers

For eu and EEA people the promise of they are our friends and we want you to stay is all farce and home Office motivation is money.

Keep up brethren and sistren.

[Lagosbos]

@ Snooky do you suggest someone with a 2.5 years LTR to put in an application as a Zamrano Carer? would that affect the existing leave in anyway? Just look at viable options.

[snooky]

@ Snooky do you suggest someone with a 2.5 years LTR to put in an application as a Zamrano Carer? would that affect the existing leave in anyway? Just look at viable options.

Get the forms and either bang in or wait for that leave to expire to bang in. Bear in mind from 1 January 2021, HO is not going to accept any EEA applications under EEA regulations again. But those who have applied before will still have be protected under the EEA regulations.

Those who who have formed family life with EEA national will then have until 2025 to use it

Zambrano is the most generous of all the eu stay so home office try to make it hard to get close