Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[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

@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.

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)

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

[snooky]

I just don’t understand why the Home Office is so inconsistent.

I thought the test question is - ‘if the applicant is required to leave the Uk for an indefinite period, will the British citizen be unable to reside in the Uk or EEA?.’

I thought it was about compulsion and not if the Home Office will ask the parent of a British citizen to leave.

It is very frustrating that they are so inconsistent. The worst part is that they have refused to update their ‘guidance’ to include those court judgements that favour those of us with 2.5 years ltr.

I just keep reading their guidance notes over and over everyday and on page 24, it is written that if at the point of decision a person has a leave to remain less than 28 days, that the case worker MUST consider the remainder of stage 4.

I have also read the ‘stage 4’ of the guidance and it is about the case worker checking if the applicant, has a leave to remain in the UK; if the British citizen will be unable to reside in the Uk or EEA; if there are alternative care arrangements available (for the British citizen).

My child is not even up to 10years old (even if they delay their decision for the next 2 years my child will only grow taller, lose or put on weight but will still not be 10years old). I can’t even travel except we are both going together and it must be during the school holiday time. I am a single parent.
Therefore if I am required to leave the Uk, we will both leave together.

My child’s other parent receives PIP.

There is no alternative care at all in place for my child.

Will Home Office now refuse the application saying that I should remain on the 10year route?.

I am becoming anxious again.

Under Regulation 16 or 2017 Patel vs SSHD interpretation of Zambrano Principles, the Courts did not made those Rules from page 13 14 and 24 and those stage 2. The HO civil servants who wrote the guidance had caused all these mess.

There is also no alternative care arrangement stupidity in the EEA Regulations.

With the December 2019 SC Patel vs SSHD, the courts eliminated the word Compulsion and used COMPELLING rather and said HO should rest Article 7 of the Charter.

That is why I am pushing people to take what it is rightfully theirs and apply for Zambrano EEA derivative right to reside.

With the derived right, the criteria is just 3

(a)the person is the primary carer of a British citizen
(b)BC is residing in the United Kingdom; and
(c)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.

All those nonsense in the guidance are technically shortsighted Positive discriminatory bureaucratic shenanigans

That's why the FTT has asked the HO to take down the policy and find it not unlawful but ILLEGAL since 30 of January

[LULUBABY]

I just don’t understand why the Home Office is so inconsistent.

I thought the test question is - ‘if the applicant is required to leave the Uk for an indefinite period, will the British citizen be unable to reside in the Uk or EEA?.’

I thought it was about compulsion and not if the Home Office will ask the parent of a British citizen to leave.

It is very frustrating that they are so inconsistent. The worst part is that they have refused to update their ‘guidance’ to include those court judgements that favour those of us with 2.5 years ltr.

I just keep reading their guidance notes over and over everyday and on page 24, it is written that if at the point of decision a person has a leave to remain less than 28 days, that the case worker MUST consider the remainder of stage 4.

I have also read the ‘stage 4’ of the guidance and it is about the case worker checking if the applicant, has a leave to remain in the UK; if the British citizen will be unable to reside in the Uk or EEA; if there are alternative care arrangements available (for the British citizen).

My child is not even up to 10years old (even if they delay their decision for the next 2 years my child will only grow taller, lose or put on weight but will still not be 10years old). I can’t even travel except we are both going together and it must be during the school holiday time. I am a single parent.
Therefore if I am required to leave the Uk, we will both leave together.

My child’s other parent receives PIP.

There is no alternative care at all in place for my child.

Will Home Office now refuse the application saying that I should remain on the 10year route?.

I am becoming anxious again.

Under Regulation 16 or 2017 Patel vs SSHD interpretation of Zambrano Principles, the Courts did not made those Rules from page 13 14 and 24 and those stage 2. The HO civil servants who wrote the guidance had caused all these mess.

There is also no alternative care arrangement stupidity in the EEA Regulations.

With the December 2019 SC Patel vs SSHD, the courts eliminated the word Compulsion and used COMPELLING rather and said HO should rest Article 7 of the Charter.

That is why I am pushing people to take what it is rightfully theirs and apply for Zambrano EEA derivative right to reside.

With the derived right, the criteria is just 3

(a)the person is the primary carer of a British citizen
(b)BC is residing in the United Kingdom; and
(c)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.

All those nonsense in the guidance are technically shortsighted Positive discriminatory bureaucratic shenanigans

That's why the FTT has asked the HO to take down the policy and find it not unlawful but ILLEGAL since 30 of January

Thanks Snooky. I am already getting my documents ready for my Zambrano EEA application.

[LULUBABY]

I just don’t understand why the Home Office is so inconsistent.

I thought the test question is - ‘if the applicant is required to leave the Uk for an indefinite period, will the British citizen be unable to reside in the Uk or EEA?.’

I thought it was about compulsion and not if the Home Office will ask the parent of a British citizen to leave.

It is very frustrating that they are so inconsistent. The worst part is that they have refused to update their ‘guidance’ to include those court judgements that favour those of us with 2.5 years ltr.

I just keep reading their guidance notes over and over everyday and on page 24, it is written that if at the point of decision a person has a leave to remain less than 28 days, that the case worker MUST consider the remainder of stage 4.

I have also read the ‘stage 4’ of the guidance and it is about the case worker checking if the applicant, has a leave to remain in the UK; if the British citizen will be unable to reside in the Uk or EEA; if there are alternative care arrangements available (for the British citizen).

My child is not even up to 10years old (even if they delay their decision for the next 2 years my child will only grow taller, lose or put on weight but will still not be 10years old). I can’t even travel except we are both going together and it must be during the school holiday time. I am a single parent.
Therefore if I am required to leave the Uk, we will both leave together.

My child’s other parent receives PIP.

There is no alternative care at all in place for my child.

Will Home Office now refuse the application saying that I should remain on the 10year route?.

I am becoming anxious again.

Under Regulation 16 or 2017 Patel vs SSHD interpretation of Zambrano Principles, the Courts did not made those Rules from page 13 14 and 24 and those stage 2. The HO civil servants who wrote the guidance had caused all these mess.

There is also no alternative care arrangement stupidity in the EEA Regulations.

With the December 2019 SC Patel vs SSHD, the courts eliminated the word Compulsion and used COMPELLING rather and said HO should rest Article 7 of the Charter.

That is why I am pushing people to take what it is rightfully theirs and apply for Zambrano EEA derivative right to reside.

With the derived right, the criteria is just 3

(a)the person is the primary carer of a British citizen
(b)BC is residing in the United Kingdom; and
(c)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.

All those nonsense in the guidance are technically shortsighted Positive discriminatory bureaucratic shenanigans

That's why the FTT has asked the HO to take down the policy and find it not unlawful but ILLEGAL since 30 of January

That’s good. Compelling fits best.
Thanks Snooky.

[snooky]

@LULUBABY

The rights guaranteed in Article 7 of the Charter that Patel vs SSHD 16 December 2019 SC ruled that HO should use as the main assessment for Zambrano has made them not to change their guidance.

When you look into the SC SC ruling, they were explaining the principles of Zambrano right not the regulations.

They used these

Article 20
Chavez-Vilchez [2018]
Article 7
CJEU’s KA [2018] 3 CMLR 28
Agyarko v SSHD (for adult Zambrano)

This article 7 is just affirming that, Zambrano is a Human Right Application under EU. HO hates it and is stopping all to take advantage.

The 2017 CoA Patel vs SSHD high threshold of Compulsion also was taken out and KAs Compelling was used as in right direction.

So you see, to qualify for Zambrano is just easy under EEA.

[Prettymum]

I think I missed a call from the home office this morning saw a private number... am scared really hopefully they call back again.

[LULUBABY]

I think I missed a call from the home office this morning saw a private number... am scared really hopefully they call back again.

Please don’t be scared. Hope and pray it was them calling and it is good news. I have everything crossed for you. Good luck.

[Sebel]

I just don’t understand why the Home Office is so inconsistent.

I thought the test question is - ‘if the applicant is required to leave the Uk for an indefinite period, will the British citizen be unable to reside in the Uk or EEA?.’

I thought it was about compulsion and not if the Home Office will ask the parent of a British citizen to leave.

It is very frustrating that they are so inconsistent. The worst part is that they have refused to update their ‘guidance’ to include those court judgements that favour those of us with 2.5 years ltr.

I just keep reading their guidance notes over and over everyday and on page 24, it is written that if at the point of decision a person has a leave to remain less than 28 days, that the case worker MUST consider the remainder of stage 4.

I have also read the ‘stage 4’ of the guidance and it is about the case worker checking if the applicant, has a leave to remain in the UK; if the British citizen will be unable to reside in the Uk or EEA; if there are alternative care arrangements available (for the British citizen).

My child is not even up to 10years old (even if they delay their decision for the next 2 years my child will only grow taller, lose or put on weight but will still not be 10years old). I can’t even travel except we are both going together and it must be during the school holiday time. I am a single parent.
Therefore if I am required to leave the Uk, we will both leave together.

My child’s other parent receives PIP.

There is no alternative care at all in place for my child.

Will Home Office now refuse the application saying that I should remain on the 10year route?.

I am becoming anxious again.

Under Regulation 16 or 2017 Patel vs SSHD interpretation of Zambrano Principles, the Courts did not made those Rules from page 13 14 and 24 and those stage 2. The HO civil servants who wrote the guidance had caused all these mess.

There is also no alternative care arrangement stupidity in the EEA Regulations.

With the December 2019 SC Patel vs SSHD, the courts eliminated the word Compulsion and used COMPELLING rather and said HO should rest Article 7 of the Charter.

That is why I am pushing people to take what it is rightfully theirs and apply for Zambrano EEA derivative right to reside.

With the derived right, the criteria is just 3

(a)the person is the primary carer of a British citizen
(b)BC is residing in the United Kingdom; and
(c)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.

All those nonsense in the guidance are technically shortsighted Positive discriminatory bureaucratic shenanigans

That's why the FTT has asked the HO to take down the policy and find it not unlawful but ILLEGAL since 30 of January

That’s good. Compelling fits best.
Thanks Snooky.

@snooky, is the AR really necessary? Rather than spending £80 on it ,which it will turn down,I will really wish to ask if its necessary to do or it's part of Drf1?

[snooky]

@Sebel

Honestly I will choose New Application than AR. This is because AR is £80, new settlement application is free and EEA Zambrano is £65

In Zambrano EEA regulation 16, there's no AR. Is just appeal under sec 36

[Sebel]

@Sebel

Honestly I will choose New Application than AR. This is because AR is £80, new settlement application is free and EEA Zambrano is £65

In Zambrano EEA regulation 16, there's no AR. Is just appeal under sec 36
[/quote

Thought as much. Thanks so much.
@snooky, I got you. I wish to ask, can someone reapply the EU settlement scheme again? Like at fresh? Just thought I should call them again while doing my drf1 since my ltr will will be expiring in feb2021(barely 7 months from now) . Thought I could do it as they always take long for decision to come out. Or what are your thoughts snooky?

[snooky]

@Sebel

Honestly I will choose New Application than AR. This is because AR is £80, new settlement application is free and EEA Zambrano is £65

In Zambrano EEA regulation 16, there's no AR. Is just appeal under sec 36
[/quote

Thought as much. Thanks so much.
@snooky, I got you. I wish to ask, can someone reapply the EU settlement scheme again? Like at fresh? Just thought I should call them again while doing my drf1 since my ltr will will be expiring in feb2021(barely 7 months from now) . Thought I could do it as they always take long for decision to come out. Or what are your thoughts snooky?

Yes, you can reapply for EU settlement scheme.

[Sebel]

@Sebel

Honestly I will choose New Application than AR. This is because AR is £80, new settlement application is free and EEA Zambrano is £65

In Zambrano EEA regulation 16, there's no AR. Is just appeal under sec 36
[/quote

Thought as much. Thanks so much.
@snooky, I got you. I wish to ask, can someone reapply the EU settlement scheme again? Like at fresh? Just thought I should call them again while doing my drf1 since my ltr will will be expiring in feb2021(barely 7 months from now) . Thought I could do it as they always take long for decision to come out. Or what are your thoughts snooky?

Yes, you can reapply for EU settlement scheme.

Wow you are a God sent to us.

[bwunmi]

@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020

@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you

As you have waited for 10 months already, just know that decision is just seconds away.

EEA right is your initial right and you can choose to go for it. BRC under EEA and BRC under the settlement scheme dont overlap and you can choose to have both.

As you never had any leave before you applied for the settlement scheme, you stand a better chance of being successful if you read the HO guidance.

My problem is, since the introduction of Zambrano EU settlement scheme on 2 May 2019, I haven't seen anyone who has been given pre/settled status without first having EEA Derivative BRC.

So I will say Yes. Protect yourself before you're eliminated by substitution by the dodgie HO.

@Spooky.
Thank you so much for your help.

[mubashir1981]

@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020

@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you

As you have waited for 10 months already, just know that decision is just seconds away.

EEA right is your initial right and you can choose to go for it. BRC under EEA and BRC under the settlement scheme dont overlap and you can choose to have both.

As you never had any leave before you applied for the settlement scheme, you stand a better chance of being successful if you read the HO guidance.

My problem is, since the introduction of Zambrano EU settlement scheme on 2 May 2019, I haven't seen anyone who has been given pre/settled status without first having EEA Derivative BRC.

So I will say Yes. Protect yourself before you're eliminated by substitution by the dodgie HO.

@Spooky.
Thank you so much for your help.

Hi i also applied in aug 2019. Spoke to euss manager 2day. And he clearly said they r not obliged to give decision until 31 dec 2020 as ur status remain same. And my application is with senior case worker.

Thanks

[mubashir1981]

I think I missed a call from the home office this morning saw a private number... am scared really hopefully they call back again.

No need to panic. Go and check view ur status online.

[Prettymum]

I think I missed a call from the home office this morning saw a private number... am scared really hopefully they call back again.

Please don’t be scared. Hope and pray it was them calling and it is good news. I have everything crossed for you. Good luck.

Thank you LULUBABY!

[Prettymum]

I think I missed a call from the home office this morning saw a private number... am scared really hopefully they call back again.

No need to panic. Go and check view ur status online.

Have checked it. is still the same " no match found"

[LULUBABY]

@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you

As you have waited for 10 months already, just know that decision is just seconds away.

EEA right is your initial right and you can choose to go for it. BRC under EEA and BRC under the settlement scheme dont overlap and you can choose to have both.

As you never had any leave before you applied for the settlement scheme, you stand a better chance of being successful if you read the HO guidance.

My problem is, since the introduction of Zambrano EU settlement scheme on 2 May 2019, I haven't seen anyone who has been given pre/settled status without first having EEA Derivative BRC.

So I will say Yes. Protect yourself before you're eliminated by substitution by the dodgie HO.

@Spooky.
Thank you so much for your help.

Hi i also applied in aug 2019. Spoke to EU Settlement Scheme manager 2day. And he clearly said they r not obliged to give decision until 31 dec 2020 as ur status remain same. And my application is with senior case worker.

Thanks

Can you imagine that?. They have turned to Chameleon and Stick insect. They keep using different tactics to adapt to the pressure Zambrano applicants are mounting on them. They want to run down the clock.

[bwunmi]

@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you

As you have waited for 10 months already, just know that decision is just seconds away.

EEA right is your initial right and you can choose to go for it. BRC under EEA and BRC under the settlement scheme dont overlap and you can choose to have both.

As you never had any leave before you applied for the settlement scheme, you stand a better chance of being successful if you read the HO guidance.

My problem is, since the introduction of Zambrano EU settlement scheme on 2 May 2019, I haven't seen anyone who has been given pre/settled status without first having EEA Derivative BRC.

So I will say Yes. Protect yourself before you're eliminated by substitution by the dodgie HO.

@Spooky.
Thank you so much for your help.

Hi i also applied in aug 2019. Spoke to EU Settlement Scheme manager 2day. And he clearly said they r not obliged to give decision until 31 dec 2020 as ur status remain same. And my application is with senior case worker.

Thanks

Can you imagine. The waiting is killing and I'm really stressed right now. I spoke to a manager on Thursday and she promised to chase it up with the case worker. Hopefully i get a decision soon. I'll keep calling them every week,if that's what they want.

[PlzHelp]

@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.

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)

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

@Snooky, thank you so much for help for help/advise. I wanted to go for EEA Zambrano Derivative as you advised, but I realised under the Eligibility criteria that,
"You cannot get a derivative residence card if you have permission to reside in the UK for another reason". Please, what does that mean? Does it mean because I already have LTR I can not apply for EEA Zambrano Derivative? Am confused.

[PlzHelp]

I just don’t understand why the Home Office is so inconsistent.

I thought the test question is - ‘if the applicant is required to leave the Uk for an indefinite period, will the British citizen be unable to reside in the Uk or EEA?.’

I thought it was about compulsion and not if the Home Office will ask the parent of a British citizen to leave.

It is very frustrating that they are so inconsistent. The worst part is that they have refused to update their ‘guidance’ to include those court judgements that favour those of us with 2.5 years ltr.

I just keep reading their guidance notes over and over everyday and on page 24, it is written that if at the point of decision a person has a leave to remain less than 28 days, that the case worker MUST consider the remainder of stage 4.

I have also read the ‘stage 4’ of the guidance and it is about the case worker checking if the applicant, has a leave to remain in the UK; if the British citizen will be unable to reside in the Uk or EEA; if there are alternative care arrangements available (for the British citizen).

My child is not even up to 10years old (even if they delay their decision for the next 2 years my child will only grow taller, lose or put on weight but will still not be 10years old). I can’t even travel except we are both going together and it must be during the school holiday time. I am a single parent.
Therefore if I am required to leave the Uk, we will both leave together.

My child’s other parent receives PIP.

There is no alternative care at all in place for my child.

Will Home Office now refuse the application saying that I should remain on the 10year route?.

I am becoming anxious again.

@Lulubaby, I agree with you about HO incontinency. I actually argued with them in AR about the "test question" and that brought about their response of they/home office won't in anyway ask me to live the UK because I have three British children. Which I think is just an excuse. They are happy to see go through the 10 year parents route rather the euss that for free.

About you being anxious, I think it's normal to be, because I have been there, with depression and mental illness which the home is very much aware of but still didn't change their decision about my application so all i can say to you is (don't panic, have faith and believe that everyone is different. Your could be positive. Even if it not, we will definitely get there one day.

[snooky]

@PlzHelp

Unquote
Q. @Snooky, thank you so much for help for help/advise. I wanted to go for EEA Zambrano Derivative as you advised, but I realised under the Eligibility criteria that,
"You cannot get a derivative residence card if you have permission to reside in the UK for another reason". Please, what does that mean? Does it mean because I already have LTR I can not apply for EEA Zambrano Derivative? Am confused.

Ans. What you read was read from the HO guidance and not Regulation 16.

This is what the EU law and the Regulations state about WHO IS EXCLUDED FROM ZAMBRANO RIGHT TO RESIDE

Reg 16(7) of the EEA Regs

(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

But come to Appendix EU immigration which is the immigration rules for the Withdrawal Agreement, the Parliamentarians actually made it a law that Holding leave under any domestic immigration will exclude you from EU settlement scheme.

This is at odds to the 2016 EU28 AGREEMENT SIGNED by all member state.

Now my write ups are focusing on EEA Regulations which is still relevant and can help you secure INDEFINITE leave.

I will say again, the 30th January 2020 ruling FTT ruling by Judge Neville which HO failed to appeal and and even attend, the respectable FTT Judge Neville promulgated his determination and said HO 2 May 2019 Zambrano guidance are Illegal and must be taken off because the Judges erred and the supreme court one should take precedent.

So technically the Judge is saying the Zambrano guidance be it eu settlement one or EEA one are all illegal and he went further saying HO direction are contrary to the case to the judges decision and dor that matter it is at odds with eu immigration

[PlzHelp]

@PlzHelp

Unquote
Q. @Snooky, thank you so much for help for help/advise. I wanted to go for EEA Zambrano Derivative as you advised, but I realised under the Eligibility criteria that,
"You cannot get a derivative residence card if you have permission to reside in the UK for another reason". Please, what does that mean? Does it mean because I already have LTR I can not apply for EEA Zambrano Derivative? Am confused.

Ans. What you read was read from the HO guidance and not Regulation 16.

This is what the EU law and the Regulations state about WHO IS EXCLUDED FROM ZAMBRANO RIGHT TO RESIDE

Reg 16(7) of the EEA Regs

(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

But come to Appendix EU immigration which is the immigration rules for the Withdrawal Agreement, the Parliamentarians actually made it a law that Holding leave under any domestic immigration will exclude you from EU settlement scheme.

This is at odds to the 2016 EU28 AGREEMENT SIGNED by all member state.

Now my write ups are focusing on EEA Regulations which is still relevant and can help you secure INDEFINITE leave.

I will say again, the 30th January 2020 ruling FTT ruling by Judge Neville which HO failed to appeal and and even attend, the respectable FTT Judge Neville promulgated his determination and said HO 2 May 2019 Zambrano guidance are Illegal and must be taken off because the Judges erred and the supreme court one should take precedent.

So technically the Judge is saying the Zambrano guidance be it eu settlement one or EEA one are all illegal and he went further saying HO direction are contrary to the case to the judges decision and dor that matter it is at odds with eu immigration

@Snooky, I can't thank you enough for the prompt response, I will put in my EEA Zambrano Derivative.
Once again thank you.

[Violetsareblue]

@Violetsareblue

HO, is always having a tussle with the Judges and the police. The judge instructed the HO to take off their misguided guidance but HO is frustrate the situation and killing time because EEA is only 6 in the go.

In law, HO failure to take down the guidance amount to contempt of court and soon directive will come from court again should they fail to do it then the HO Secretary can be imprisoned. Remember Teresa May was nearly put in prison for contempt of court and was the first in almost 70 years as a HO to have a contempt.

That's why Zambrano appeals and DR are being allowed by judges for the guidance are illegal and has been asked to be replaced to reflect the regulation.

Hi snooky,
They are wasting time because many people will benefit from it. Is there a way that might prompt the ho to change the guidance ASAP as they’re actually breaking the law? Like suing to court or writing to parliament? I’m sure there’s a way to get words out about how their going against A court decision

[snooky]

@Violetsareblue

HO, is always having a tussle with the Judges and the police. The judge instructed the HO to take off their misguided guidance but HO is frustrate the situation and killing time because EEA is only 6 in the go.

In law, HO failure to take down the guidance amount to contempt of court and soon directive will come from court again should they fail to do it then the HO Secretary can be imprisoned. Remember Teresa May was nearly put in prison for contempt of court and was the first in almost 70 years as a HO to have a contempt.

That's why Zambrano appeals and DR are being allowed by judges for the guidance are illegal and has been asked to be replaced to reflect the regulation.

Hi snooky,
They are wasting time because many people will benefit from it. Is there a way that might prompt the ho to change the guidance ASAP as they’re actually breaking the law? Like suing to court or writing to parliament? I’m sure there’s a way to get words out about how their going against A court decision

You can make a complimentary complaint to your MP but due to covid19, MPs have become inactive and dormant.

You can write to HO office Judicial Department at London or Feltham to advise them because at time it could be an oversight. You will have to give them 21 days to respond.

If they fail, then PAP.
If they PAP fails, then JR.

But these cost money, so individuals dont normally do it. I know big NGOs for migrant right are monitoring and keep threatening HO.

Is a matter of time. Zambrano itself came in 2011. It took HO 3 years to implement and incorporating Zambrano into British Law.

Same Ludo here. Anything that is against them takes ages to become law. But when it is for their advantage, it takes 3 seconds for it implementation