Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[bwunmi]

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.

Hi @Snooky. Thank you for your help. Can you explain the last paragraph please?and how does it apply to my case please. Do you think my application will be refused?

[Onomskky]

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

Hello Lulubaby I am absolutely gutted and can’t comprehend why your application was refused after they admitted you are a primary carer. My theory is a decision was made by a EO before July 12th which shows you have an ongoing LTR before it was confirmed by a HEO. We are both in the same boat and I have been asked by the caseworker to provide evidence twice. I’m still waiting and seriously on edge for an outcome.

[snooky]

@All

HO refuse cases due to poor training and lack of understanding and compassionate their staff are.

Most of their refusals still have coded messages in. You can't refused someone and still admit that,

"on our records we know and believe you are still the primary carer of your child, "

This is called double standard. Cheap policies of politics

[snooky]

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.

Hi @Snooky. Thank you for your help. Can you explain the last paragraph please?and how does it apply to my case please. Do you think my application will be refused?

Since HC 120, which also doubles as CP 232, HO is required to ask for continuous family ties or dependency before a family member can be given either pre or settled status.

Now until after the relationship has lasted for 3 years before collapsing, anything less than that can never warrant you Leave to Remain under euss.

Family members should proof relationship before their application is granted

[Onomskky]

@All

HO refuse cases due to poor training and lack of understanding and compassionate their staff are.

Most of their refusals still have coded messages in. You can't refused someone and still admit that,

"on our records we know and believe you are still the primary carer of your child, "

This is called double standard. Cheap policies of politics

@Snooky you are right and it’s by his grace. I have seen EOs make a positive decision only for it to be overturned by a HEO. Some applications go through multiple caseworkers especially if it’s complicated like a Zambrano application. The best you can do is put in as much evidence as possible. The overriding factor remains the welfare of your child. Don’t forget to state the impact it will have on your child should you have to leave the UK. I always say no evidence is too small from photos, bank statements, receipts, GP appointment, contributions you make like bills payment. Every little helps at the end of the day.

[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

Hello Lulubaby I am absolutely gutted and can’t comprehend why your application was refused after they admitted you are a primary carer. My theory is a decision was made by a EO before July 12th which shows you have an ongoing LTR before it was confirmed by a HEO. We are both in the same boat and I have been asked by the caseworker to provide evidence twice. I’m still waiting and seriously on edge for an outcome.

Thanks for your concern. I was gobsmacked, flabbergasted.....(still looking for the right word to express how I feel). Don’t worry, your case is different, we are all different remember. It will be positive. Your leave expired during the lockdown right?.

[LULUBABY]

@All

HO refuse cases due to poor training and lack of understanding and compassionate their staff are.

Most of their refusals still have coded messages in. You can't refused someone and still admit that,

"on our records we know and believe you are still the primary carer of your child, "

This is called double standard. Cheap policies of politics

@Snooky you are right and it’s by his grace. I have seen EOs make a positive decision only for it to be overturned by a HEO. Some applications go through multiple caseworkers especially if it’s complicated like a Zambrano application. The best you can do is put in as much evidence as possible. The overriding factor remains the welfare of your child. Don’t forget to state the impact it will have on your child should you have to leave the UK. I always say no evidence is too small from photos, bank statements, receipts, GP appointment, contributions you make like bills payment. Every little helps at the end of the day.

The worst part is that Home Office’s overriding factor is the welfare of our children, that we should (pay thousands of pounds which should have been spent on our children) and stick to our 2.5yrs ltr and that nobody will ever ask us to leave, thereby there won’t be any impact on our children. What a strange way to look out for the welfare of our children.

[snooky]

@All

HO refuse cases due to poor training and lack of understanding and compassionate their staff are.

Most of their refusals still have coded messages in. You can't refused someone and still admit that,

"on our records we know and believe you are still the primary carer of your child, "

This is called double standard. Cheap policies of politics

@Snooky you are right and it’s by his grace. I have seen EOs make a positive decision only for it to be overturned by a HEO. Some applications go through multiple caseworkers especially if it’s complicated like a Zambrano application. The best you can do is put in as much evidence as possible. The overriding factor remains the welfare of your child. Don’t forget to state the impact it will have on your child should you have to leave the UK. I always say no evidence is too small from photos, bank statements, receipts, GP appointment, contributions you make like bills payment. Every little helps at the end of the day.

I have said so already. First to look into your case is

1. Artificial intelligence
2. Case Allocator
3. Case-Owner
4. Caseworker
5. Line Manager
6. Department Manager

All these should come into agreement before your case is approved. Years ago anyone could issue you visa at the HO and corruption became massive. Since 2007 up to 2012, HO closed all these loopholes and made only Liverpool, and Sheffield to be the main administrations to coordinate Visa processing through out the world. Croydon is for emergency only and Express cash machine Office. So if even you apply from either Asia or Africa, your documentation would be sent here for processing.

This is the cause of their delay and poor decision. Over working, poorly trained staff and under paid staff. Even HOPOs are not trained and the judges and barristers find it so hard to understanding them. Is part of why they dont come to court.

[LULUBABY]

@All

HO refuse cases due to poor training and lack of understanding and compassionate their staff are.

Most of their refusals still have coded messages in. You can't refused someone and still admit that,

"on our records we know and believe you are still the primary carer of your child, "

This is called double standard. Cheap policies of politics

@Snooky you are right and it’s by his grace. I have seen EOs make a positive decision only for it to be overturned by a HEO. Some applications go through multiple caseworkers especially if it’s complicated like a Zambrano application. The best you can do is put in as much evidence as possible. The overriding factor remains the welfare of your child. Don’t forget to state the impact it will have on your child should you have to leave the UK. I always say no evidence is too small from photos, bank statements, receipts, GP appointment, contributions you make like bills payment. Every little helps at the end of the day.

I have said so already. First to look into your case is

1. Artificial intelligence
2. Case Allocator
3. Case-Owner
4. Caseworker
5. Line Manager
6. Department Manager

All these should come into agreement before your case is approved. Years ago anyone could issue you visa at the HO and corruption became massive. Since 2007 up to 2012, HO closed all these loopholes and made only Liverpool, and Sheffield to be the main administrations to coordinate Visa processing through out the world. Croydon is for emergency only and Express cash machine Office. So if even you apply from either Asia or Africa, your documentation would be sent here for processing.

This is the cause of their delay and poor decision. Over working, poorly trained staff and under paid staff. Even HOPOs are not trained and the judges and barristers find it so hard to understanding them. Is part of why they dont come to court.

You are right Snooky. I never knew HO employs ‘Agency’ staff, until I went to Croydon a couple of years ago to seek asylum with my child after being served a deportation notice by CAPITA twice, (meanwhile I had paid a Solicitor to put in an application for me, he never did and I didn’t know).

While I was busy crying my eyes off, a HO staff did an asylum paper work for my child, was very rude to my child while taking pictures to to print Asylum card for my child (despite my child’s British passport).

Another staff came and cautioned the‘Agency worker’ and told her “Are you shouting at a British child?”. She then suddenly became nice and gave my child some stickers.

At the end a Manager came and tore up my child’s paperwork and apologised to me, then gave me my Asylum card. (That Manager never bothered to tell me that ‘I was standing at the wrong bus-stop’).

[snooky]

@All

HO refuse cases due to poor training and lack of understanding and compassionate their staff are.

Most of their refusals still have coded messages in. You can't refused someone and still admit that,

"on our records we know and believe you are still the primary carer of your child, "

This is called double standard. Cheap policies of politics

@Snooky you are right and it’s by his grace. I have seen EOs make a positive decision only for it to be overturned by a HEO. Some applications go through multiple caseworkers especially if it’s complicated like a Zambrano application. The best you can do is put in as much evidence as possible. The overriding factor remains the welfare of your child. Don’t forget to state the impact it will have on your child should you have to leave the UK. I always say no evidence is too small from photos, bank statements, receipts, GP appointment, contributions you make like bills payment. Every little helps at the end of the day.

I have said so already. First to look into your case is

1. Artificial intelligence
2. Case Allocator
3. Case-Owner
4. Caseworker
5. Line Manager
6. Department Manager

All these should come into agreement before your case is approved. Years ago anyone could issue you visa at the HO and corruption became massive. Since 2007 up to 2012, HO closed all these loopholes and made only Liverpool, and Sheffield to be the main administrations to coordinate Visa processing through out the world. Croydon is for emergency only and Express cash machine Office. So if even you apply from either Asia or Africa, your documentation would be sent here for processing.

This is the cause of their delay and poor decision. Over working, poorly trained staff and under paid staff. Even HOPOs are not trained and the judges and barristers find it so hard to understanding them. Is part of why they dont come to court.

You are right Snooky. I never knew HO employs ‘Agency’ staff, until I went to Croydon a couple of years ago to seek asylum with my child after being served a deportation notice by CAPITA twice, (meanwhile I had paid a Solicitor to put in an application for me, he never did and I didn’t know).

While I was busy crying my eyes off, a HO staff did an asylum paper work for my child, was very rude to my child while taking pictures to to print Asylum card for my child (despite my child’s British passport).

Another staff came and cautioned the‘Agency worker’ and told her “Are you shouting at a British child?”. She then suddenly became nice and gave my child some stickers.

At the end a Manager came and tore up my child’s paperwork and apologised to me, then gave me my Asylum card. (That Manager never bothered to tell me that ‘I was standing at the wrong bus-stop’).

Bingo. Since all civil services jobs got privatised, things have grown worse. All is about capitalism. Look at the council, GPs, NHS, School Canteens, etc, they have worsen because of greed.

Capita illegally send stupid notices to people threatening them of removals, deportations and the rest. Legal they dont have a damn right because immigration is very complex and only a trained person oisc member or trained immigration lawyer can deal with you. Even apart from senior case managers, no one at the HO can tell you that you have no right or go home or advise you during your immigration matter.

That is why judges and the courts are the final goal post to defend humanity on this matter.

Imagine how terrified your child would have felt. HO policy and immigration laws first call out to pastorial involvement when there is a child.

Children whether born here to illegal migrants according to immigration laws have not broken any immigration law because they have not come through the ports. So every child born in the UK has the same protection. That's why a lot of concession for them. No child born through the stomach has breached immigration law.

[Onomskky]

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

Hello Lulubaby I am absolutely gutted and can’t comprehend why your application was refused after they admitted you are a primary carer. My theory is a decision was made by a EO before July 12th which shows you have an ongoing LTR before it was confirmed by a HEO. We are both in the same boat and I have been asked by the caseworker to provide evidence twice. I’m still waiting and seriously on edge for an outcome.

Thanks for your concern. I was gobsmacked, flabbergasted.....(still looking for the right word to express how I feel). Don’t worry, your case is different, we are all different remember. It will be positive. Your leave expired during the lockdown right?.

@LULUBABY I hope so and yes but as far back as April. At the moment I don't have a lot of confidence in the system but let's wait and see.

[IST]

@Snooky you are right and it’s by his grace. I have seen EOs make a positive decision only for it to be overturned by a HEO. Some applications go through multiple caseworkers especially if it’s complicated like a Zambrano application. The best you can do is put in as much evidence as possible. The overriding factor remains the welfare of your child. Don’t forget to state the impact it will have on your child should you have to leave the UK. I always say no evidence is too small from photos, bank statements, receipts, GP appointment, contributions you make like bills payment. Every little helps at the end of the day.

I have said so already. First to look into your case is

1. Artificial intelligence
2. Case Allocator
3. Case-Owner
4. Caseworker
5. Line Manager
6. Department Manager

All these should come into agreement before your case is approved. Years ago anyone could issue you visa at the HO and corruption became massive. Since 2007 up to 2012, HO closed all these loopholes and made only Liverpool, and Sheffield to be the main administrations to coordinate Visa processing through out the world. Croydon is for emergency only and Express cash machine Office. So if even you apply from either Asia or Africa, your documentation would be sent here for processing.

This is the cause of their delay and poor decision. Over working, poorly trained staff and under paid staff. Even HOPOs are not trained and the judges and barristers find it so hard to understanding them. Is part of why they dont come to court.

You are right Snooky. I never knew HO employs ‘Agency’ staff, until I went to Croydon a couple of years ago to seek asylum with my child after being served a deportation notice by CAPITA twice, (meanwhile I had paid a Solicitor to put in an application for me, he never did and I didn’t know).

While I was busy crying my eyes off, a HO staff did an asylum paper work for my child, was very rude to my child while taking pictures to to print Asylum card for my child (despite my child’s British passport).

Another staff came and cautioned the‘Agency worker’ and told her “Are you shouting at a British child?”. She then suddenly became nice and gave my child some stickers.

At the end a Manager came and tore up my child’s paperwork and apologised to me, then gave me my Asylum card. (That Manager never bothered to tell me that ‘I was standing at the wrong bus-stop’).

Bingo. Since all civil services jobs got privatised, things have grown worse. All is about capitalism. Look at the council, GPs, NHS, School Canteens, etc, they have worsen because of greed.

Capita illegally send stupid notices to people threatening them of removals, deportations and the rest. Legal they dont have a damn right because immigration is very complex and only a trained person oisc member or trained immigration lawyer can deal with you. Even apart from senior case managers, no one at the HO can tell you that you have no right or go home or advise you during your immigration matter.

That is why judges and the courts are the final goal post to defend humanity on this matter.

Imagine how terrified your child would have felt. HO policy and immigration laws first call out to pastorial involvement when there is a child.

Children whether born here to illegal migrants according to immigration laws have not broken any immigration law because they have not come through the ports. So every child born in the UK has the same protection. That's why a lot of concession for them. No child born through the stomach has breached immigration law.

Well said . Is all about money and greed, human right got worse since 2012 when immigration law changed .

[IST]

@Sebel

Just do the EEA Drf1 first as within the EEA application there isnt any such law to stop you.

As explained, PSIC sec 13(2) 1996 immigration act makes you someone without leave. So this could be challenged as it is at odds with reg 16(7)

But as it stands, with the settlement scheme the HO will still refused it. This time you could have an appeal to the courts.

The thing is HO could delay your application for Drf1 as we almost less then half of it duration.

So consider its pros and cons.

Hi Snooky

Even my DRF1 was send to HO begging of March 2020 £65 taken from my account week after and since then I haven’t heard any thing no biometric no COA nothing at all. As you mention do you think they are delaying?

Many Thanks

I understand. We all should acknowledge the covid19 has caused a lot of slowness in the system.

With your EEA application, HO is under duty to make a decision within 6 months.

For your COA, you can write to them saying that

During the decision-making time, a certificate of application, according to EU law, “shall be issued immediately” (Article 10 of Directive 2004/38).

If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

This from HO

You will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

Contact the EEA permanent Migration team and say to them that your COA should be issued immediately as failure to do infringes eu law.

COA issuance under the regulations shouldn't be subject to biometric registration. The caveat there can be override as it isnt eu law and covid19 has change the way we do things

Hi Snooky

I have written to HO as you advised and today received the Biometric letter.
Does the 6 months for HO to make decision starts from March when I submitted application or from when you give biometrics?

Thanks in advance

[snooky]

@Sebel

Just do the EEA Drf1 first as within the EEA application there isnt any such law to stop you.

As explained, PSIC sec 13(2) 1996 immigration act makes you someone without leave. So this could be challenged as it is at odds with reg 16(7)

But as it stands, with the settlement scheme the HO will still refused it. This time you could have an appeal to the courts.

The thing is HO could delay your application for Drf1 as we almost less then half of it duration.

So consider its pros and cons.

Hi Snooky

Even my DRF1 was send to HO begging of March 2020 £65 taken from my account week after and since then I haven’t heard any thing no biometric no COA nothing at all. As you mention do you think they are delaying?

Many Thanks

I understand. We all should acknowledge the covid19 has caused a lot of slowness in the system.

With your EEA application, HO is under duty to make a decision within 6 months.

For your COA, you can write to them saying that

During the decision-making time, a certificate of application, according to EU law, “shall be issued immediately” (Article 10 of Directive 2004/38).

If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

This from HO

You will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

Contact the EEA permanent Migration team and say to them that your COA should be issued immediately as failure to do infringes eu law.

COA issuance under the regulations shouldn't be subject to biometric registration. The caveat there can be override as it isnt eu law and covid19 has change the way we do things

Hi Snooky

I have written to HO as you advised and today received the Biometric letter.
Does the 6 months for HO to make decision starts from March when I submitted application or from when you give biometrics?

Thanks in advance

The six months window start from when you posted your application not when they received it or sent to you COA or biometric letter

If by August and they haven't send you a decision, write to them with the eu Article of laws I have provided on this platform already.

Whether covid19 pandemic or not, HO should adhere to the blocs rules which states decision should be made without delay or immediately

Good job

[IST]

Hi Snooky

Even my DRF1 was send to HO begging of March 2020 £65 taken from my account week after and since then I haven’t heard any thing no biometric no COA nothing at all. As you mention do you think they are delaying?

Many Thanks

I understand. We all should acknowledge the covid19 has caused a lot of slowness in the system.

With your EEA application, HO is under duty to make a decision within 6 months.

For your COA, you can write to them saying that

During the decision-making time, a certificate of application, according to EU law, “shall be issued immediately” (Article 10 of Directive 2004/38).

If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

This from HO

You will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

Contact the EEA permanent Migration team and say to them that your COA should be issued immediately as failure to do infringes eu law.

COA issuance under the regulations shouldn't be subject to biometric registration. The caveat there can be override as it isnt eu law and covid19 has change the way we do things

Hi Snooky

I have written to HO as you advised and today received the Biometric letter.
Does the 6 months for HO to make decision starts from March when I submitted application or from when you give biometrics?

Thanks in advance

The six months window start from when you posted your application not when they received it or sent to you COA or biometric letter

If by August and they haven't send you a decision, write to them with the eu Article of laws I have provided on this platform already.

Whether covid19 pandemic or not, HO should adhere to the blocs rules which states decision should be made without delay or immediately

Good job

Snooky

We are thankful for your advice and helpful at anytime to all of us here.
I will do my biometrics soon as and I will wait till 16 of August when the 6 months is up, hopefully we get a decision by then if not I will write to them. I am worried as we only got less then 5 months till December. Just want to get the decision from HO soon as so I can lodge a appeal.

[snooky]

I understand. We all should acknowledge the covid19 has caused a lot of slowness in the system.

With your EEA application, HO is under duty to make a decision within 6 months.

For your COA, you can write to them saying that

During the decision-making time, a certificate of application, according to EU law, “shall be issued immediately” (Article 10 of Directive 2004/38).

If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

This from HO

You will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

Contact the EEA permanent Migration team and say to them that your COA should be issued immediately as failure to do infringes eu law.

COA issuance under the regulations shouldn't be subject to biometric registration. The caveat there can be override as it isnt eu law and covid19 has change the way we do things

Hi Snooky

I have written to HO as you advised and today received the Biometric letter.
Does the 6 months for HO to make decision starts from March when I submitted application or from when you give biometrics?

Thanks in advance

The six months window start from when you posted your application not when they received it or sent to you COA or biometric letter

If by August and they haven't send you a decision, write to them with the eu Article of laws I have provided on this platform already.

Whether covid19 pandemic or not, HO should adhere to the blocs rules which states decision should be made without delay or immediately

Good job

Snooky

We are thankful for your advice and helpful at anytime to all of us here.
I will do my biometrics soon as and I will wait till 16 of August when the 6 months is up, hopefully we get a decision by then if not I will write to them. I am worried as we only got less then 5 months till December. Just want to get the decision from HO soon as so I can lodge a appeal.

Don't worry about the months left. As far as you are in before 31 December 2020(application) the EEA laws will protect you until granted, refused, appeal, allow or disallowed.

Winning EEA application too will protect you under the settlement scheme till same rules applies.

So your card is EEA residence card

[snooky]

@All

In accordance with Article 10(1) of Directive 2004/38/EC, applications should be decided within 6 months. Paragraph 17(3) of the Immigration (EEA) Regulations 2006, confirms that "on receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received".

If HO fails unduly then Action

This is not always the case, as demonstrated by Zewdu v SSHD [2015] EWHC 2148 (Admin). It appears that in this case the Home Office agreed to pay £40,000 in damages for a 19 months delay in issuing a residence card.

[IST]

Hi Snooky

I have written to HO as you advised and today received the Biometric letter.
Does the 6 months for HO to make decision starts from March when I submitted application or from when you give biometrics?

Thanks in advance

The six months window start from when you posted your application not when they received it or sent to you COA or biometric letter

If by August and they haven't send you a decision, write to them with the eu Article of laws I have provided on this platform already.

Whether covid19 pandemic or not, HO should adhere to the blocs rules which states decision should be made without delay or immediately

Good job

Snooky

We are thankful for your advice and helpful at anytime to all of us here.
I will do my biometrics soon as and I will wait till 16 of August when the 6 months is up, hopefully we get a decision by then if not I will write to them. I am worried as we only got less then 5 months till December. Just want to get the decision from HO soon as so I can lodge a appeal.

Don't worry about the months left. As far as you are in before 31 December 2020(application) the EEA laws will protect you until granted, refused, appeal, allow or disallowed.

Winning EEA application too will protect you under the settlement scheme till same rules applies.

So your card is EEA residence card

Thank you again, I have to wait for both EEA and EUSS outcomes, I hope god is with us

[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

Hello Lulubaby I am absolutely gutted and can’t comprehend why your application was refused after they admitted you are a primary carer. My theory is a decision was made by a EO before July 12th which shows you have an ongoing LTR before it was confirmed by a HEO. We are both in the same boat and I have been asked by the caseworker to provide evidence twice. I’m still waiting and seriously on edge for an outcome.

Thanks for your concern. I was gobsmacked, flabbergasted.....(still looking for the right word to express how I feel). Don’t worry, your case is different, we are all different remember. It will be positive. Your leave expired during the lockdown right?.

@LULUBABY I hope so and yes but as far back as April. At the moment I don't have a lot of confidence in the system but let's wait and see.

I too have lost confidence in them. I am not superstitious but during my brief Asylum affair, a flock of birds flew past and splashed poo all over me, I remembered my grandmother's saying about bird poo and good luck. I ended up getting unsolicited help from that Charity lawyer who did PAP for me and I left that Asylum route.

During my 2.5 ltr application, while out and about, a flock of birds pooed all over me again, not quite long my fee waiver and ltr came out successfully.

Unfortunately, during this my EU settlement scheme application 'no show'. There were no birds flying past me, the few that flew past didn't need a poo. That was when I knew 'there was fire on the mountain', yet I kept hoping for the best.

[CR001]

During my 2.5 ltr application, while out and about, a flock of birds pooed all over me again, not quite long my fee waiver and ltr came out successfully.

Unclear why you would take the risk of changing routes, resetting your pr clock, let your visa expire during this process and end up with no leave to remain, when you were granted a fee waiver and effectively got FLR fp through the UK immigration rules route for free.

[LULUBABY]

During my 2.5 ltr application, while out and about, a flock of birds pooed all over me again, not quite long my fee waiver and ltr came out successfully.

Unclear why you would take the risk of changing routes, resetting your pr clock, let your visa expire during this process and end up with no leave to remain, when you were granted a fee waiver and effectively got FLR fp through the UK immigration rules route for free.

Our Social worker was on my case and is still, to the extent that the police got involved and our MP recommended me a lawyer. I almost lost my mind. My child too became affected. For sanity sake I just decided to go solo. I decided not to collect housing benefit. I just couldn’t stand going through what I went through before again for fee waiver sake.

[LULUBABY]

During my 2.5 ltr application, while out and about, a flock of birds pooed all over me again, not quite long my fee waiver and ltr came out successfully.

Unclear why you would take the risk of changing routes, resetting your pr clock, let your visa expire during this process and end up with no leave to remain, when you were granted a fee waiver and effectively got FLR fp through the UK immigration rules route for free.

Even while my child and I were at the accommodation given to us, before I finally submitted my application, she was still advising me to seek asylum and threatening me with reporting me to HO.

[LULUBABY]

During my 2.5 ltr application, while out and about, a flock of birds pooed all over me again, not quite long my fee waiver and ltr came out successfully.

Unclear why you would take the risk of changing routes, resetting your pr clock, let your visa expire during this process and end up with no leave to remain, when you were granted a fee waiver and effectively got FLR fp through the UK immigration rules route for free.

It got to the extent that if my phone rang and if her number showed, my child will say “not again’ and go and get me a scarf to hold to wipe my tears because every call from her ended up in tears and pleading.

[Fustrated2019]

Hi @snooky , last week I sent my DFR1 application with my current BRP but I need it back urgently. I have been looking for a contact number or email to request it but to avail. Please do you know how I can contact them . Thank you

[LULUBABY]

During my 2.5 ltr application, while out and about, a flock of birds pooed all over me again, not quite long my fee waiver and ltr came out successfully.

Unclear why you would take the risk of changing routes, resetting your pr clock, let your visa expire during this process and end up with no leave to remain, when you were granted a fee waiver and effectively got FLR fp through the UK immigration rules route for free.

I understand what you mean though but then I applied for the EU settlement scheme not knowing there would be delay, then the lockdown, then request for further information and then refusal. It happened by default.

I know it is a tough call but then, I can only do my best for sanity sake. If the clock resets well, that’s it.

What is happening now is a tip of the iceberg. You will not understand. I rather this than go through what I went through this first 2.5yrs ltr again.