ModesireModesire wrote: ↑Wed Jun 17, 2020 7:05 pmhi 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?
Let me take this opportunity to explain something about the eu settlement scheme Zambrano dr.
First of all eu settlement scheme is not under eu regulations and it is a typical domestic thing.
There's this caveat or block within page 13 - 14 of the appendix eu Zambrano guidance.
Please bear in mind that if you win Zambrano EEA application under regulation 16 and you still have Leave to REMAIN under appendix fm, the appendix eu 2016 settlement scheme application will not be considered.
This is because within British domestic immigration laws the 2 forms of leave overlaps as they are all domestic leave to REMAIN.
So people should understand that, most of my write up here is based on EEA regulations. But as now there is a FTT appeal under eu settlement scheme for now no one has gone through and the courts haven't provided directions for such situations.
But having LEAVE under EEA is very important and can lead smoothly to pre/settled status
Having settled status or pre settled status all depends on how many years you have been a family member and a qualified person all together