Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Ngoo]

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
ICD.5298 1 of 5

To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You have applied to the EU Settlement Scheme as the primary carer of British citizen in the UK. Your application has been refused because the information available to us does not show that you are a ‘person with a Zambrano right to reside’ on this basis.
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to reside’, you must have a right to reside in the UK because you meet the relevant requirements in the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary carer of a British citizen, it is regulation 16(5) that is relevant in your circumstances. However, we are not satisfied that you meet the requirements of regulation 16(5) because you have not demonstrated that xxxxxxx would be unable to remain in the UK if you left the UK for an indefinite period.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
In order to demonstrate that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as his primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means Xxxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
ICD.5298 2 of 5

An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 18 July 2017 and your application was successful. You were granted leave to remain on 12 January 2018, valid until 12 July 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
As you did not submit a further Appendix FM application or Article 8 ECHR claim in these circumstances, you have failed to show that you would be required to leave the UK and that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period. Accordingly, your application on the basis of being a ‘person with a Zambrano right to reside’ has been refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
We are currently working remotely due to COVID-19 and only have access to electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time. However, steps will be taken to return your documents as soon as possible. In the meantime, please ensure that you keep us up to date with any change of address to ensure that documents are returned to the correct location. We apologise for any inconvenience caused.
ICD.5298 3 of 5

@Lulubaby,
I am so sorry for the refusal. Keep your head up by God’s grace your DFR1 will be successful. All hope isn’t lost ‘You are the primary Carer of a British Citizen’. Stay blessed.

[LULUBABY]

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
ICD.5298 1 of 5

To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You have applied to the EU Settlement Scheme as the primary carer of British citizen in the UK. Your application has been refused because the information available to us does not show that you are a ‘person with a Zambrano right to reside’ on this basis.
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to reside’, you must have a right to reside in the UK because you meet the relevant requirements in the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary carer of a British citizen, it is regulation 16(5) that is relevant in your circumstances. However, we are not satisfied that you meet the requirements of regulation 16(5) because you have not demonstrated that xxxxxxx would be unable to remain in the UK if you left the UK for an indefinite period.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
In order to demonstrate that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as his primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means Xxxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
ICD.5298 2 of 5

An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 18 July 2017 and your application was successful. You were granted leave to remain on 12 January 2018, valid until 12 July 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
As you did not submit a further Appendix FM application or Article 8 ECHR claim in these circumstances, you have failed to show that you would be required to leave the UK and that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period. Accordingly, your application on the basis of being a ‘person with a Zambrano right to reside’ has been refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
We are currently working remotely due to COVID-19 and only have access to electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time. However, steps will be taken to return your documents as soon as possible. In the meantime, please ensure that you keep us up to date with any change of address to ensure that documents are returned to the correct location. We apologise for any inconvenience caused.
ICD.5298 3 of 5

@Lulubaby,
I am so sorry for the refusal. Keep your head up by God’s grace your DFR1 will be successful. All hope isn’t lost ‘You are the primary Carer of a British Citizen’. Stay blessed.

Thanks Ngoo. So glad to hear from you.

[IST]

Lulubaby

Sorry to hear about your refusal,pls don’t give up

[LULUBABY]

Lulubaby

Sorry to hear about your refusal,pls don’t give up

Thanks. Were you refused for a similar reason?.

[IST]

Lulubaby

Sorry to hear about your refusal,pls don’t give up

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

[LULUBABY]

Lulubaby

Sorry to hear about your refusal,pls don’t give up

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Ok. Thanks.

[IST]

Lulubaby

Sorry to hear about your refusal,pls don’t give up

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Ok. Thanks.

When did you apply for DRF1 and did you receive COA yet,

[LULUBABY]

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Ok. Thanks.

When did you apply for DRF1 and did you receive COA yet,

I applied last week after my ltr expired. I haven’t received a COA yet.

[IST]

My refusal was on grounds of holding ltr

Ok. Thanks.

When did you apply for DRF1 and did you receive COA yet,

I applied last week after my ltr expired. I haven’t received a COA yet.

Finger cross you will get it soon, I applied at beginning of March and haven’t received no biometrics no coa yet,very strange

[LULUBABY]

Ok. Thanks.

When did you apply for DRF1 and did you receive COA yet,

I applied last week after my ltr expired. I haven’t received a COA yet.

Finger cross you will get it soon, I applied at beginning of March and haven’t received no biometrics no coa yet,very strange

Very strange indeed.With the DRF1 application in, one can still be working right?.

[IST]

When did you apply for DRF1 and did you receive COA yet,

I applied last week after my ltr expired. I haven’t received a COA yet.

Finger cross you will get it soon, I applied at beginning of March and haven’t received no biometrics no coa yet,very strange

Very strange indeed.With the DRF1 application in, one can still be working right?.

HO always have worked even from home

[Prettymum]

Lulubaby

I am so sorry about the refusal.... please take heart
I know all will be well Amen.

[Fustrated2019]

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
ICD.5298 1 of 5

To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You have applied to the EU Settlement Scheme as the primary carer of British citizen in the UK. Your application has been refused because the information available to us does not show that you are a ‘person with a Zambrano right to reside’ on this basis.
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to reside’, you must have a right to reside in the UK because you meet the relevant requirements in the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary carer of a British citizen, it is regulation 16(5) that is relevant in your circumstances. However, we are not satisfied that you meet the requirements of regulation 16(5) because you have not demonstrated that xxxxxxx would be unable to remain in the UK if you left the UK for an indefinite period.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
In order to demonstrate that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as his primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means Xxxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
ICD.5298 2 of 5

An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 18 July 2017 and your application was successful. You were granted leave to remain on 12 January 2018, valid until 12 July 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
As you did not submit a further Appendix FM application or Article 8 ECHR claim in these circumstances, you have failed to show that you would be required to leave the UK and that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period. Accordingly, your application on the basis of being a ‘person with a Zambrano right to reside’ has been refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
We are currently working remotely due to COVID-19 and only have access to electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time. However, steps will be taken to return your documents as soon as possible. In the meantime, please ensure that you keep us up to date with any change of address to ensure that documents are returned to the correct location. We apologise for any inconvenience caused.
ICD.5298 3 of 5

m

Sorry to hear about your refusal. I was so sure they were going to grant you . Why ask for additional evidence if they were just going to refuse . Thank God all hope is not lost .

[naa]

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
ICD.5298 1 of 5

To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You have applied to the EU Settlement Scheme as the primary carer of British citizen in the UK. Your application has been refused because the information available to us does not show that you are a ‘person with a Zambrano right to reside’ on this basis.
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to reside’, you must have a right to reside in the UK because you meet the relevant requirements in the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary carer of a British citizen, it is regulation 16(5) that is relevant in your circumstances. However, we are not satisfied that you meet the requirements of regulation 16(5) because you have not demonstrated that xxxxxxx would be unable to remain in the UK if you left the UK for an indefinite period.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
In order to demonstrate that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as his primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means Xxxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
ICD.5298 2 of 5

An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 18 July 2017 and your application was successful. You were granted leave to remain on 12 January 2018, valid until 12 July 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
As you did not submit a further Appendix FM application or Article 8 ECHR claim in these circumstances, you have failed to show that you would be required to leave the UK and that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period. Accordingly, your application on the basis of being a ‘person with a Zambrano right to reside’ has been refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
We are currently working remotely due to COVID-19 and only have access to electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time. However, steps will be taken to return your documents as soon as possible. In the meantime, please ensure that you keep us up to date with any change of address to ensure that documents are returned to the correct location. We apologise for any inconvenience caused.
ICD.5298 3 of 5

Lulubaby am so sorry to read the EUSS application has been refused. I have been keenly following your progress and was keeping my fingers crossed for you. Especially after your LTR to expired I thought that was it, They have no choice than to approve. How wrong was I.As snooky had already advised all hope is not lost, be prepared to fight for your Zambrano case in the courts. We are all praying for you

[Prettymum]

@ Lulubaby,

Honestly, I was just thinking about it. why did they requested for additional documents? Kindly repost where they asked for the additional document the post as been deleted.

Am scared too because they asked me for additional documents too which I have submitted expect for the Parental responsibility Agreement. Many thanks

[snooky]

@LULUBABY

I have gone tons of information since last night and have come to a conclusion for you again.

I noticed that anyone who applied to the euss after 30 January 2020 has a right of appeal at the FTT.

As HO should have used regulation 16 for the Derivative people under the settlement scheme and they have failed, I would advise you to redo the settlement scheme application again as when refused you will have the chance to court and EEA regulation 16 would be upheld.

Regulation 16(7)(c)(i) doesn't say those reasons to be used to exclude people from the derivative right

[IST]

Hi Snooky

I need your advice please.

As my case gone back to initial decision maker team for consideration.
How long will it take for HO to make a new decision? as the same procedure as court or is not a time scale?

Many Thanks

[snooky]

Hi Snooky

I need your advice please.

As my case gone back to initial decision maker team for consideration.
How long will it take for HO to make a new decision? as the same procedure as court or is not a time scale?

Many Thanks

Dont know but keep checking your email both inbox spam/junk

[IST]

Hi Snooky

I need your advice please.

As my case gone back to initial decision maker team for consideration.
How long will it take for HO to make a new decision? as the same procedure as court or is not a time scale?

Many Thanks

Dont know but keep checking your email both inbox spam/junk

Thank you Snooky

[mubashir1981]

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxx. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
ICD.5298 1 of 5

To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You have applied to the EU Settlement Scheme as the primary carer of British citizen in the UK. Your application has been refused because the information available to us does not show that you are a ‘person with a Zambrano right to reside’ on this basis.
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to reside’, you must have a right to reside in the UK because you meet the relevant requirements in the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary carer of a British citizen, it is regulation 16(5) that is relevant in your circumstances. However, we are not satisfied that you meet the requirements of regulation 16(5) because you have not demonstrated that xxxxxxx would be unable to remain in the UK if you left the UK for an indefinite period.
You can only be considered a ‘person with a Zambrano right to reside’ where xxxxx would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
In order to demonstrate that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as his primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means Xxxxxx will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
ICD.5298 2 of 5

An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
You previously applied for leave under Appendix FM on 18 July 2017 and your application was successful. You were granted leave to remain on 12 January 2018, valid until 12 July 2020. You have not made a further application for leave to remain under this route or an Article 8 ECHR claim and the Secretary of State has not been made aware of any change to your circumstances since the decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim has a realistic prospect of success in your case. It is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
As you did not submit a further Appendix FM application or Article 8 ECHR claim in these circumstances, you have failed to show that you would be required to leave the UK and that Xxxxxxx would be unable to reside in the UK or EEA if you left the UK for an indefinite period. Accordingly, your application on the basis of being a ‘person with a Zambrano right to reside’ has been refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
We are currently working remotely due to COVID-19 and only have access to electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time. However, steps will be taken to return your documents as soon as possible. In the meantime, please ensure that you keep us up to date with any change of address to ensure that documents are returned to the correct location. We apologise for any inconvenience caused.
ICD.5298 3 of 5

Plz ignor all this 🗑 from ho. As long as they accepted that u r primary caree thats it. Just fight for ur drf1 application. Now its more important for u other wise you have start ur 10 year route again.
Good luck. Stay strong God bless u.

[mubashir1981]

Hi Snooky

I need your advice please.

As my case gone back to initial decision maker team for consideration.
How long will it take for HO to make a new decision? as the same procedure as court or is not a time scale?

Many Thanks

28 days. Complaint to phso. Make complaint to ho if its longer than that.

[snooky]

@All(Commentary) to support you

Since Statement of changes to the Immigration Rules: HC 1919, 7 March 2019 ... Ref: ISBN 978-1-5286-1092-6, CCS0319710302 03/19 and its adoptness 2 May 2019 there has been a lot of shift pool HO has used called ELIMINATING BY TACTICS or Elimination by Substitution.

From the first version of the Zambrano guidance to date, trust me HO has changed a lot from being old saint to devourer.

Now most lay people will not even understand the guidance as they have become complicated and unreadable to most.

It is all part of the mechanism to throw out a lot of people from getting what they are due. HO has once again given powers back to Solicitors who in the past have charged clients unreasonably.

From what we know, all euss Zambrano cases which went in after 30 January 2019 hasnt been done or even if done not refused because those case have right of appeal under the judicial system.

HOs definition of Zambrano Derivative and its eligibility is at odd with Regulation 16(1)(5)(b)(c)(7)(c)(1) and 16(8)(b)(ii)(9)(12)Regulation 18(a), Article 20 of the TFEU and Article 21

Apart from Zambrano C34/9 which came out of the wider EU laws and now enshrined in the charter, case laws like Patel etc are not regulations and were not interpretation the Regulations. What Patel does is to define the Zambrano principles. The regulations wording of IF both the primary carer left the uk for an indefinite period is crucial, not the HOs they must leave the UK or they would be forced to leave the UK.

The test in the EEA regulation is just IF. So HO is wrong and can be used. All you people should take the fight to them at the HO.

[IST]

Hi Snooky

I need your advice please.

As my case gone back to initial decision maker team for consideration.
How long will it take for HO to make a new decision? as the same procedure as court or is not a time scale?

Many Thanks

28 days. Complaint to phso. Make complaint to ho if its longer than that.

Thank you Mubashir,

[Ngoo]

Hello Snooky,

Please I need your advice.

Is almost 4 months since I submitted my EEA Zambrano Appeal, and is still waiting for a judge to look at it. I do call them every week for an update and I get the same response every time. What should I do?
Many Thanks

[LULUBABY]

Hi all, you are all amazing. I really appreciate your kind words. As I was typing the post yesterday, in my mind it was just like I was calling out individually on you all.

Have you been in a situation where you are calling someone and as the phone is ringing you are saying “please pick your call, please pick your call”. It felt like that yesterday.

They asked me for further information, (not knowing it was for them to fulfil all righteousness), I thought it will get to a positive conclusion. After the request of further information, I tried very hard to resist the thought of my EU settlement application being done and dusted. The mind was willing but my flesh was weak, very weak indeed. I went and brought out the pom poms we have, for my child and I to do our ‘Lap dance’ immediately I receive a positive outcome from Home Office.
Whoever counts their chickens before they are hatched, if not me.

I felt like a deflated balloon. I was just saying to myself “it looks like this problem has a very long shelf life”. I didn’t know I had so much tears.

It hurt so bad.

I feel better today. Thanks to you all.