Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Spirit007]

@Spirit007

Is the british child your your friends child

If not, the second child is s/he a British

If the second is not British then are you married to the non EEA or can you proof you have been living together for 2 years

Hi Snooky,
My friend's wife had the British child with another man. But, the second child is with my friend and his wife, who are both non EU. The wife is currently of the 2and cycle of the family route.
They have been married for 5years and have since lived together

[snooky]

@Spirit007

Is the british child your your friends child

If not, the second child is s/he a British

If the second is not British then are you married to the non EEA or can you proof you have been living together for 2 years

Hi Snooky,
My friend's wife had the British child with another man. But, the second child is with my friend and his wife, who are both non EU. The wife is currently of the 2and cycle of the family route.
They have been married for 5years and have since lived together

If they married then your friend can apply as Zambrano through the British child. If you aren't married, then of you have a parental responsibility order from the courts then you could use that as being the primary carer.

Lastly your friend partner can apply for derivative card with you as a family because if he is granted then all dependents will also be given

[snooky]

@spirit007

Under the legal guardian EEA regulations

relative or legal guardian of the child of an EEA national; (iv) regulation 16(5), ... or legal guardian of a British citizen; (v) regulation 16(6), proof that P ...

Dependant of the primary carer


Dependant of the primary carer – regulation 16(6). Regulation 16(6) of the EEA Regulations provides for a right to reside for a child under the

[Spirit007]

Snooky,

This is very insightful and does address' my friend's doubts.
Thank you very much for the prompt responses. May God continue to bless all your endeavours

[IST]

Hello guys.
Not a good news from me.
My application was refused too after 7 months dated 13th of May 2020
Currently on 2.5 leave to remain
It’s about 3pages

IST

Just take heart.

It's really upsetting to receive such news after months of waiting. The HO has made it hard for Zambrano people as I keep saying over here.

Question
How many months left on your 2,5 ltr

Thanks mate

Less then 3 months.

What do you suggest me to do? I don’t have the right of appeal just AR

Hi Snooky

I have submitted the AR application and still outstanding
EEA application still outstanding.

Will I be the exempt person as my partner hold as British Citizenship?
My partner has confirmed that if I will e returned to non EU country indefinite will follow me as will be no able to rise the kids without me.

Under the EEA regulation will the Judge allow my appeal when it comes for it as I am waiting for the EEA application?

Facts of Shah

Mr Shah is a TCN primary carer of his British citizen son. His wife is also a British national. Mr and Mrs Shah live with their infant son. Mrs Shah works full-time. Whilst Mrs Shah works, Mr Shah cares for their son.

The FTT found that if Mr Shah were to return to Pakistan, Mrs Shah would accompany her husband. Their child would also leave the UK. As a result, the FTT and UT found that Mr Shah derived a right to remain. The CA disagreed and held that Mrs Shah could look after the son in the UK; the requirement for compulsion to leave the UK was therefore not satisfied.
Judgment of the Supreme Court

The Supreme Court unanimously allowed Mr Shah’s appeal and dismissed Mr Patel’s appeal.

The judgement of Lady Arden recognises that EU citizenship is a Treaty right, and that the Treaty article conferring citizenship, Article 20 TFEU, does not confer any rights on a TCN (R (Agyarko v Secretary of State for the Home Department [2017] 1 WLR 623) [§10].

[snooky]

Hello guys.
Not a good news from me.
My application was refused too after 7 months dated 13th of May 2020
Currently on 2.5 leave to remain
It’s about 3pages

IST

Just take heart.

It's really upsetting to receive such news after months of waiting. The HO has made it hard for Zambrano people as I keep saying over here.

Question
How many months left on your 2,5 ltr

Thanks mate

Less then 3 months.

What do you suggest me to do? I don’t have the right of appeal just AR

Hi Snooky

I have submitted the AR application and still outstanding
EEA application still outstanding.

Will I be the exempt person as my partner hold as British Citizenship?
My partner has confirmed that if I will e returned to non EU country indefinite will follow me as will be no able to rise the kids without me.

Under the EEA regulation will the Judge allow my appeal when it comes for it as I am waiting for the EEA application?

Facts of Shah

Mr Shah is a TCN primary carer of his British citizen son. His wife is also a British national. Mr and Mrs Shah live with their infant son. Mrs Shah works full-time. Whilst Mrs Shah works, Mr Shah cares for their son.

The FTT found that if Mr Shah were to return to Pakistan, Mrs Shah would accompany her husband. Their child would also leave the UK. As a result, the FTT and UT found that Mr Shah derived a right to remain. The CA disagreed and held that Mrs Shah could look after the son in the UK; the requirement for compulsion to leave the UK was therefore not satisfied.
Judgment of the Supreme Court

The Supreme Court unanimously allowed Mr Shah’s appeal and dismissed Mr Patel’s appeal.

The judgement of Lady Arden recognises that EU citizenship is a Treaty right, and that the Treaty article conferring citizenship, Article 20 TFEU, does not confer any rights on a TCN (R (Agyarko v Secretary of State for the Home Department [2017] 1 WLR 623) [§10].

Ist

If you read my post on exempt people, the regulations did not made mention about 16(7a). That was inserted by the Home Office.


“exempt person” is a person—

(i)who has a right to reside under another provision of these Regulations;
(ii)who has the right of abode under section 2 of the 1971 Act(1);
(iii)to whom section 8 of the 1971 Act(2), or an order made under subsection (2) of that section(3), applies; or
(iv)who has indefinite leave to enter or remain in the United Kingdom

The supreme court threw out FTT decision accordingly and said they have erred.

Patel vs SSHD 16 December 2019 overruled FTT FTT decision and has said derivative can be given to anyone who derives a right to reside from a minor BC it doesn't matter if there's an exempt person within the family.

They went one saying that the assessment should be carried on the one seeking has the responsibility and the child depends on most.

It also said if by refusing the non exempted person and it will force the exempt out of uk with the non exempt INDEFINITE period, then the question of compelling and compulsion has engaged as insurmountable effects

The judge will allow your appeal under regulation 16, sec 55 and art 20 and with the Zambrano principles in December December patel ruling then 30 January ftt ruling of HO guidance been illegal and must be tore down

[IST]

IST

Just take heart.

It's really upsetting to receive such news after months of waiting. The HO has made it hard for Zambrano people as I keep saying over here.

Question
How many months left on your 2,5 ltr

Thanks mate

Less then 3 months.

What do you suggest me to do? I don’t have the right of appeal just AR

Hi Snooky

I have submitted the AR application and still outstanding
EEA application still outstanding.

Will I be the exempt person as my partner hold as British Citizenship?
My partner has confirmed that if I will e returned to non EU country indefinite will follow me as will be no able to rise the kids without me.

Under the EEA regulation will the Judge allow my appeal when it comes for it as I am waiting for the EEA application?

Facts of Shah

Mr Shah is a TCN primary carer of his British citizen son. His wife is also a British national. Mr and Mrs Shah live with their infant son. Mrs Shah works full-time. Whilst Mrs Shah works, Mr Shah cares for their son.

The FTT found that if Mr Shah were to return to Pakistan, Mrs Shah would accompany her husband. Their child would also leave the UK. As a result, the FTT and UT found that Mr Shah derived a right to remain. The CA disagreed and held that Mrs Shah could look after the son in the UK; the requirement for compulsion to leave the UK was therefore not satisfied.
Judgment of the Supreme Court

The Supreme Court unanimously allowed Mr Shah’s appeal and dismissed Mr Patel’s appeal.

The judgement of Lady Arden recognises that EU citizenship is a Treaty right, and that the Treaty article conferring citizenship, Article 20 TFEU, does not confer any rights on a TCN (R (Agyarko v Secretary of State for the Home Department [2017] 1 WLR 623) [§10].

Ist

If you read my post on exempt people, the regulations did not made mention about 16(7a). That was inserted by the Home Office.


“exempt person” is a person—

(i)who has a right to reside under another provision of these Regulations;
(ii)who has the right of abode under section 2 of the 1971 Act(1);
(iii)to whom section 8 of the 1971 Act(2), or an order made under subsection (2) of that section(3), applies; or
(iv)who has indefinite leave to enter or remain in the United Kingdom

The supreme court threw out FTT decision accordingly and said they have erred.

Patel vs SSHD 16 December 2019 overruled FTT FTT decision and has said derivative can be given to anyone who derives a right to reside from a minor BC it doesn't matter if there's an exempt person within the family.

They went one saying that the assessment should be carried on the one seeking has the responsibility and the child depends on most.

It also said if by refusing the non exempted person and it will force the exempt out of uk with the non exempt INDEFINITE period, then the question of compelling and compulsion has engaged as insurmountable effects

The judge will allow your appeal under regulation 16, sec 55 and art 20 and with the Zambrano principles in December December patel ruling then 30 January ftt ruling of HO guidance been illegal and must be tore down

Thank you very much,your help appreciated.

[snooky]

@all
Page 13 and 14 of the Home Office Zambrano guidance dicely make reference to unquote

An applicant cannot meet the definition of ‘person with a Zambrano right to reside’ if they have (or, as the case may be, had) leave to enter or remain granted under another part of the Immigration Rules.
If the applicant does (or did) have leave to enter or remain granted under another part of the Immigration Rules you must refuse the application with reference to part (b) of the definition of ‘person with a Zambrano right to reside’ within Annex 1 to Appendix EU.
If, at the point of decision, that leave to enter or remain has less than 28 days until its expiration date, you must also consider whether the relevant British citizen will be compelled to leave the UK or EEA if leave to enter or remain under the EU Settlement Scheme is not granted to their primary carer(s).

This was not part of the original 16(7) regulation 16.

It was created by the Home of and as a matter Law it is not to be accepted as part of EEA regulations

[Sebel]

Hi everyone

16th of March 2020 EEA DRF1 form was submitted, money taken week after.
Passport received back 1st April 2020 and since then no biometrics letter or COA received

Is this normal ?


Many Thanks

Normal due to covid19 pandemic

Thank you Snooky

@all please inthe AR form, they are asking for my UAN number,that is a number that is found on your decision letter. But I am trying to put the number,they are telling me is incorrect .please where can I find the number? Thanks

[snooky]

Hi everyone

16th of March 2020 EEA DRF1 form was submitted, money taken week after.
Passport received back 1st April 2020 and since then no biometrics letter or COA received

Is this normal ?


Many Thanks

Normal due to covid19 pandemic

Thank you Snooky

@all please inthe AR form, they are asking for my UAN number,that is a number that is found on your decision letter. But I am trying to put the number,they are telling me is incorrect .please where can I find the number? Thanks

This is a 16-digit number in the format of xxxx-xxxx-xxxx-xxxx. You will find your UAN on the email you got from the Home Office to confirm that you had been granted ILR under the EU Settlement Scheme. The UAN will be found at the top right-hand side of your Home Office email; located beside ‘Our Ref’.

[Lagosbos]

@Sebel i guessed you also made a paper application? If that's the case you will need to input few zeros before your paper application number just create the 16 digits required. That is what i had to do when i lodged my AR.

@IST how long ago did you lodge your AR? if its gone past 28 days i will suggest you check your junk email as I'm not if HO does it deliberately, but a lot of the AR outcomes has been going in to junk mail.

[IST]

Hi everyone

16th of March 2020 EEA DRF1 form was submitted, money taken week after.
Passport received back 1st April 2020 and since then no biometrics letter or COA received

Is this normal ?


Many Thanks

Normal due to covid19 pandemic

Thank you Snooky

@all please inthe AR form, they are asking for my UAN number,that is a number that is found on your decision letter. But I am trying to put the number,they are telling me is incorrect .please where can I find the number? Thanks

Hi Sebel

As we got an paper application the UAN start with 0 for example if you case ID is 023471790 put as 0000-0000-2347-1790. I had the same issue and spoke to AR team .

[IST]

@Sebel i guessed you also made a paper application? If that's the case you will need to input few zeros before your paper application number just create the 16 digits required. That is what i had to do when i lodged my AR.

@IST how long ago did you lodge your AR? if its gone past 28 days i will suggest you check your junk email as I'm not if HO does it deliberately, but a lot of the AR outcomes has been going in to junk mail.

Hi Lagosbos

I did submitted over month ago after 28 days past did email last week to AR team for an update and replayed back with an excuse due to Covid19 will be a delay .

Did you get your decision yet ?

[bjoflondon]

Hi All,
Spoke with the Resolution centre today for updates on my application they lady said there was no update and even said there was no record of the call I made last week when the manager assured me of escalating the case and that I will hear from them within 10 days. Anyways so I blew out and ask to speak with a manager again. Pass me to another manager who said she found the record of the call and that an email was sent to my Solicitor yesterday. I straight away rang the solicitor who checked and said there was no email from the home office regarding my application.
Has anyone experienced this? Are they just fooling me? What can I do please. Being waiting since September 2019.

[mubashir1981]

Hi.

When u fist post saying they assure u to reply in 10 days i was laughing. Mine more tha 10 monts nearly 11 monts now. 2 time my mp mail them now its with ombandsman. Ombandsman email me saying its month and they r waiting for there reply for email over 4 weeks now. I have apoken manger several time. Br they said u dis not have right establish with ho so will take time now my appeal has been allowed. Let see waht they says this time.

[mubashir1981]

Hi All,
Spoke with the Resolution centre today for updates on my application they lady said there was no update and even said there was no record of the call I made last week when the manager assured me of escalating the case and that I will hear from them within 10 days. Anyways so I blew out and ask to speak with a manager again. Pass me to another manager who said she found the record of the call and that an email was sent to my Solicitor yesterday. I straight away rang the solicitor who checked and said there was no email from the home office regarding my application.
Has anyone experienced this? Are they just fooling me? What can I do please. Being waiting since September 2019.

Hi.

When u fist post saying they assure u to reply in 10 days i was laughing. Mine more tha 10 monts nearly 11 monts now. 2 time my mp mail them now its with ombandsman. Ombandsman email me saying its month and they r waiting for there reply for email over 4 weeks now. I have apoken manger several time. Br they said u dis not have right establish with ho so will take time now my appeal has been allowed. Let see waht they says this time.

[snooky]

@All

Please come down. HO is having one of the most serious backlogs and dont know what to do.

But be rest assured that soon things would be better.

@bjoflondon

As far as you have record of your application and postal receipt, so not panic all shall be well.

@mubashir1981

You are missing, why?
Anyway nice seeing you post, your settlement scheme shall be in immediately after you recieve you BRC under EEA

[Modesire]

hi everyone,...thanks Snooky for your help each time. I have been following for awhile now after submitting paper application in Feb and still waiting for response. i'm currently on my 2nd 2.5yrs which expires mid next year with recourse to public fund (I later applied to be removed during COVID). My question is if I apply for drf1 as suggested now and later win the appeal afterwards, will I be given settled or pre settled settlement under eu settlement scheme?

[Lagosbos]

@IST i already received a response regarding my AR and it was unsuccessful as i mentioned in my previous post. In usual case they will uphold the fact you currently have a LTR.

[IST]

@IST i already received a response regarding my AR and it was unsuccessful as i mentioned in my previous post. In usual case they will uphold the fact you currently have a LTR.

@Lagosbos sorry to hear that they have uphold the decision, when did you submitted the AR application and did you get your decision within 28 days?

Thanks

[Lagosbos]

@ IST it was within 28 days. The have no any other excuse other than you currently hold a LTR and if you try arguing using EEA regulations they will also point out you have not been refused refused under the EEA regulations but under the EU settlement scheme. Therefore, the regulations don't apply to your case. So basically this is only dealt with within Appendix EU. So as Snooky as suggested earlier i believe DRF1 is more arguable in court.

[IST]

@ IST it was within 28 days. The have no any other excuse other than you currently hold a LTR and if you try arguing using EEA regulations they will also point out you have not been refused refused under the EEA regulations but under the EU settlement scheme. Therefore, the regulations don't apply to your case. So basically this is only dealt with within Appendix EU. So as Snooky as suggested earlier i believe DRF1 is more arguable in court.

@Lagobos thanks for swift reply, I have already submitted EEA couple months ago and that will be the only way to get thru the battle with HO.

I am is same situation as you as I hold LTR, I am just asking regarding to AR cos the 28 days passed and still haven’t received yet. Did you submitted the AR during the Covid19?

[Lagosbos]

@IST yes, as it was submitted in the second week in April and i received a response in the second week in May. Do keep us posted on DRF1. All the best

[IST]

@IST yes, as it was submitted in the second week in April and i received a response in the second week in May. Do keep us posted on DRF1. All the best

@Lagosbos I will do,Thanks

[LULUBABY]

Hi all, hope you all are ok. Glad you all are here. Congratulations Mubashir1981, one down, two more to go. Hope you will soon get your derivative card and the positive EU settlement decision will follow suit. I am so happy for you, at least you can now be rest assured.