Those who applied before October 2019 were not given FTT appeal right and for that matter your only option is the AR.(I dont have confidence with HO AR)PlzHelp wrote: ↑Fri Jun 19, 2020 2:47 amsnooky wrote: ↑Sun Jun 14, 2020 3:17 pm@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
@Snooky, I need your help.
I have 2.5 ltr on 10 year route, I applied under EU Settlement Scheme June 2019, got a refusal decision on March 2020, on the bases that I already have a 2.5 ltr, I applied for AR and paid £80 March 2020 and again received refusal in May 2020 with the same reason that I already have 2.5 ltr and that HO won't anyway ask me to leave UK because I have 3 British children.
Therefore I should remain on that route or reaply with new evidence.
I was not given right to appeal, so what your advice to me please.
Now that the AR also biased with the HO initial decision to let it feel good, your options left are
1. Judicial Review (meaning you're taken them on)
2. Re do the settlement scheme application
3. Bang in EEA Zambrano derivative
I will prefer no. 3 because you can really argue at the court that Regulations 16(7)(A) was not originally part of the EU Regulation 16. It was inserted there by the HO to precludes rightful claimants to successful under derivative right to reside.
If you go for no. 2 also, when refused again, this time you will have an appeal right to FTT and make your case. My problem is that, you can't argue too much with regulation 16.
Appendix EU is the immigration statutes of law that regulates the Withdrawal Agreement to make sure those with free movement can be protected. So it's a contentious step as it is a domestic uk immigration act.
Under appendix EU, you cannot argue against regulation 16(7)A as within the uk laws it's Legal. This is because it was passed by parliament