Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[LULUBABY]

@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 EU Settlement Scheme 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

Thanks Snooky, I called them yesterday and requested for all the documents I sent them. I will update them and make a new application.
I am wondering if I still have the right to work?.

[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

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 .

Yeah, they were setting me up for a fall. A mighty fall when I least expected it.

[LULUBABY]

Lulubaby

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

Thanks pretty mum.

[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 am so sorry to read the EU Settlement Scheme 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

Thank you so much, naa.

[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

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.

Thanks Mubashir, glad to hear from you.

[LULUBABY]

@ 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

Don’t be scared, everybody’s case is different. I will repost it for you again.

[snooky]

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.

Thank Yahweh that you feel good. This will give you the strength to fight on. You are surely going to be successful very soon

[snooky]

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

You will be fine. The covid19 has made everything slow. The courts got a lot of backlogs and are dealing to clear. Soon you will get a decision from the courts

[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 EU Settlement Scheme 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

Thanks Snooky, I called them yesterday and requested for all the documents I sent them. I will update them and make a new application.
I am wondering if I still have the right to work?.

You do have it as your EEA Derivative is in

[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

You will be fine. The covid19 has made everything slow. The courts got a lot of backlogs and are dealing to clear. Soon you will get a decision from the courts

Thanks for the response. Stay blessed!

[Sabi92]

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

sorry about your refusal. stay strong and keep fighting, dont give up

[Sabi92]

hi

as i have explained from previous post i went to see the solicitor yesterday, explained to him my situation and took over my case.

he is going to write a letter to home office saying .(the reason my client didn't submit the oldest child details on the application form is because home office already knew about my first child and update the details of second child,ect.) and he is going to send more evidence for my oldest child like, redbook, school reports, school letters, NHS letters, pictures. and more

[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.

[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.

Thank you so much. I really appreciate.

[LULUBABY]

@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 EU Settlement Scheme 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

Thanks Snooky, I called them yesterday and requested for all the documents I sent them. I will update them and make a new application.
I am wondering if I still have the right to work?.

You do have it as your EEA Derivative is in

Hi Snooky, my employer is asking for my passport. Please what do I do. They say they have my right to work.

[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 EU Settlement Scheme 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

Thanks Snooky, I called them yesterday and requested for all the documents I sent them. I will update them and make a new application.
I am wondering if I still have the right to work?.

You do have it as your EEA Derivative is in

Hi Snooky, my employer is asking for my passport. Please what do I do. They say they have my right to work.

Tell them it's with the HO. Give them your COA and advise them to do right to work checks. You can also add to their request the postal reference number

[snooky]

hi

as i have explained from previous post i went to see the solicitor yesterday, explained to him my situation and took over my case.

he is going to write a letter to home office saying .(the reason my client didn't submit the oldest child details on the application form is because home office already knew about my first child and update the details of second child,ect.) and he is going to send more evidence for my oldest child like, redbook, school reports, school letters, NHS letters, pictures. and more

That's not bad at all but I think the Solicitor is taking an undue advantage of you. One as I said, HO will sort it out themselves because they will have to do intense search on any of your previous Leave to Remain. If you haven't paid the solicitor, dont bother

[Sabi92]

hi

as i have explained from previous post i went to see the solicitor yesterday, explained to him my situation and took over my case.

he is going to write a letter to home office saying .(the reason my client didn't submit the oldest child details on the application form is because home office already knew about my first child and update the details of second child,ect.) and he is going to send more evidence for my oldest child like, redbook, school reports, school letters, NHS letters, pictures. and more

That's not bad at all but I think the Solicitor is taking an undue advantage of you. One as I said, HO will sort it out themselves because they will have to do intense search on any of your previous Leave to Remain. If you haven't paid the solicitor, dont bother

Snooky

The reason why I hired a lawyer is because i have messed up my case.

Like you said home office will do it's own research. But I'm hoping these extra evidence will make the case a little stronger. (Hopefully)

Let's see now and hope HO will make a decision.

Once again thank you for your advice

[LULUBABY]

@ 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

Don’t be scared, everybody’s case is different. I will repost it for you.


Thank you for your application under the EU Settlement Scheme.

We are in the process of considering your application and we require some additional information or evidence from you to help us to make sure we reach the correct decision. We would like to reassure you that no decision has been made on your EU Settlement Scheme application at this stage and we will work with you to help you with your application.

Consideration has been given to whether you qualify for settled status on the basis of completing a continuous qualifying period of five years’ residence in the UK as the primary carer of a British citizen, referred to in Appendix EU as being a ‘person with a Zambrano right to reside’

You have provided evidence showing that xxxxx is a British citizen. We require further evidence that you qualify for settled status (indefinite leave to enter or remain) as a person with a Zambrano right to reside.



Please send us:



Evidence that you have been the primary carer of your sponsor over a five year period. Whilst you have provided evidence of your primary care over your sponsor, the earliest evidence that you have provided is from 2017- 2018. This department requires more recent evidence, for 2015, 2016, 2019 and 2020 that evidences that you have been the primary carer for your child. This evidence can include documents such as doctor’s letters, a school letter or other evidence naming you as responsible for your child.


If you are unable to provide any of this evidence, please explain this clearly in your reply to this email.

Please provide this information within two weeks of the date of this e-mail so that we can decide your application as quickly as possible.

[LULUBABY]

Thanks Snooky, I called them yesterday and requested for all the documents I sent them. I will update them and make a new application.
I am wondering if I still have the right to work?.

You do have it as your EEA Derivative is in

Hi Snooky, my employer is asking for my passport. Please what do I do. They say they have my right to work.

Tell them it's with the HO. Give them your COA and advise them to do right to work checks. You can also add to their request the postal reference number

The only COA I have is for the EU Settlement Scheme application that has just been refused.

[snooky]

You do have it as your EEA Derivative is in

Hi Snooky, my employer is asking for my passport. Please what do I do. They say they have my right to work.

Tell them it's with the HO. Give them your COA and advise them to do right to work checks. You can also add to their request the postal reference number

The only COA I have is for the EU Settlement Scheme application that has just been refused.

That shouldn't be a problem. It is the same when it comes to right to work. Give it to them. They will check and it will come up

[snooky]

hi

as i have explained from previous post i went to see the solicitor yesterday, explained to him my situation and took over my case.

he is going to write a letter to home office saying .(the reason my client didn't submit the oldest child details on the application form is because home office already knew about my first child and update the details of second child,ect.) and he is going to send more evidence for my oldest child like, redbook, school reports, school letters, NHS letters, pictures. and more

That's not bad at all but I think the Solicitor is taking an undue advantage of you. One as I said, HO will sort it out themselves because they will have to do intense search on any of your previous Leave to Remain. If you haven't paid the solicitor, dont bother

Snooky

The reason why I hired a lawyer is because i have messed up my case.

Like you said home office will do it's own research. But I'm hoping these extra evidence will make the case a little stronger. (Hopefully)

Let's see now and hope HO will make a decision.

Once again thank you for your advice

Nice one

[bwunmi]

1. How many years did you live with your ex in uk
2. Can your ex support the child with the income
3. Is your ex working

Based on your answers to these causing, I can determine another route

You could still have derived right

We were together for 3 years.
Yes he can
He works as a self employed
Thank you

Then he can show or proof with his account to show that his child is self sufficient so by so doing you as a direct relative primary carer in ascending other under regulation 16(8)(b)(ii).

Chavez-Vilchez C-133/15, on 10 May 2017, you do not need to consider whether the other person is an ‘exempt person’ as defined in regulation 16(7)(c) of the 2016 regulations.

So though your ex might be exempt person that wouldn't affect anything.

Thank you so much Snooky.
I really appreciate your help.

Hello @Snooky. Hope you are keeping safe and well.
Thank you so much for your help on this platform.
I received an email from the Eu Settlement scheme,requesting for more evidence. I applied in August 2019 based on my Eu son (15months old ) My daughter came in to the country,based on her dad's eu settlement,as a non eu family member and recently got her Eu citizenship/passport. I didn't include her in the application. They are not asking evidence based on my daughter 13 years.
1) Evidence she in education 2)Evidence I'm her primary carer 3) Evidence why her dad can't be her primary carer. I already got a letter from the school and Gp. I would really appreciate it if you could please help me with 3rd evidence. What to include in the letter. I'm separated from their dad. I know you are good with the Eu law. Please help.

[snooky]

We were together for 3 years.
Yes he can
He works as a self employed
Thank you

Then he can show or proof with his account to show that his child is self sufficient so by so doing you as a direct relative primary carer in ascending other under regulation 16(8)(b)(ii).

Chavez-Vilchez C-133/15, on 10 May 2017, you do not need to consider whether the other person is an ‘exempt person’ as defined in regulation 16(7)(c) of the 2016 regulations.

So though your ex might be exempt person that wouldn't affect anything.

Thank you so much Snooky.
I really appreciate your help.

Hello @Snooky. Hope you are keeping safe and well.
Thank you so much for your help on this platform.
I received an email from the Eu Settlement scheme,requesting for more evidence. I applied in August 2019 based on my Eu son (15months old ) My daughter came in to the country,based on her dad's eu settlement,as a non eu family member and recently got her Eu citizenship/passport. I didn't include her in the application. They are not asking evidence based on my daughter 13 years.
1) Evidence she in education 2)Evidence I'm her primary carer 3) Evidence why her dad can't be her primary carer. I already got a letter from the school and Gp. I would really appreciate it if you could please help me with 3rd evidence. What to include in the letter. I'm separated from their dad. I know you are good with the Eu law. Please help.

1. Continuous working pay slips
2. Letter from him explaining why he can't
3. The other wife doesn't want the child in their house
4. The child depends on you for everything(food, bathing, clothes, discipline, to see GP and hospital, play school or drop in, emotional wellbeing, warm home, financial, choosing education and association, looking after child's properties, naming the child and agreeing to any change of name, clothing the child and providing social life and making sure child best interest is served, men can never give girls a bath

Home Office is trying to adhere to Patel vs SSHD December 2019 and and changes done due to HC 120 which requires all family members to show continuous family dependency

[bwunmi]

Then he can show or proof with his account to show that his child is self sufficient so by so doing you as a direct relative primary carer in ascending other under regulation 16(8)(b)(ii).

Chavez-Vilchez C-133/15, on 10 May 2017, you do not need to consider whether the other person is an ‘exempt person’ as defined in regulation 16(7)(c) of the 2016 regulations.

So though your ex might be exempt person that wouldn't affect anything.

Thank you so much Snooky.
I really appreciate your help.

Hello @Snooky. Hope you are keeping safe and well.
Thank you so much for your help on this platform.
I received an email from the Eu Settlement scheme,requesting for more evidence. I applied in August 2019 based on my Eu son (15months old ) My daughter came in to the country,based on her dad's eu settlement,as a non eu family member and recently got her Eu citizenship/passport. I didn't include her in the application. They are not asking evidence based on my daughter 13 years.
1) Evidence she in education 2)Evidence I'm her primary carer 3) Evidence why her dad can't be her primary carer. I already got a letter from the school and Gp. I would really appreciate it if you could please help me with 3rd evidence. What to include in the letter. I'm separated from their dad. I know you are good with the Eu law. Please help.

1. Continuous working pay slips
2. Letter from him explaining why he can't
3. The other wife doesn't want the child in their house
4. The child depends on you for everything(food, bathing, clothes, discipline, to see GP and hospital, play school or drop in, emotional wellbeing, warm home, financial, choosing education and association, looking after child's properties, naming the child and agreeing to any change of name, clothing the child and providing social life and making sure child best interest is served, men can never give girls a bath

Home Office is trying to adhere to Patel vs SSHD December 2019 and and changes done due to HC 120 which requires all family members to show continuous family dependency

Thank you @Snooky.
This is really helpful.