Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Mecry2020]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

Oh nooooo, it’s been in there for weeks. Please be strong and don’t give up.

Thanks Lulubaby, I won't give up!

Battle continues and victory is sure.

[snooky]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

Hi

Do request for new EU Settlement Scheme Zambrano dr form from the settlement scheme. Dont fo AR. Waste of money unless you want to do JR after AR is also refused

But if you wanna proceed to AR then there is a cover letter on the board already with all what you need

https://www.immigrationboards.com/eea-r ... 3-420.html

[Onomskky]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

[shay007]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

Hello,
Are they just ‘dishing’ out refusal letters to applicants with visas already or just in general? Thanks

[snooky]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

Hello,
Are they just ‘dishing’ out refusal letters to applicants with visas already or just in general? Thanks

Yes yes yes, HO is refusing both Zambrano EEA and Zambrano euss. Those on Zambrano EEA will always win at the courts but those within euss Zambrano still has a long way because no Zambrano euss has gone to court and HO is refusing cases before 30 of January 2020

[Onomskky]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

Hello,
Are they just ‘dishing’ out refusal letters to applicants with visas already or just in general? Thanks

@Shay007 HO have refused Zambrano applications with expired LTR even with members on the forum. The number of people refused post-Brexit immigration status under the EU settlement scheme has surged by 700 per cent in a month. Data published by the Home Office shows that 1,400 applicants were refused settled status in June, compared with 200 in May. The HO have recently stopped breaking down the percentage of refusal stating it makes collating of the monthly stats quicker and they have refused a FOI request to provide stats on Zambrano applications.

The HO is hiding under the disguise that refusal decision is couched in terms that, the Appellants having been granted leave to remain under Appendix FM of the Immigration Rules previously, and there being no change in their circumstances, were required to apply under the said Rules/ Article 8 Human Rights and that “… a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK”. It’s interesting to note that there was nothing contained within the EEA Regulations which stipulates/requires that an applicant must exhaust all other means to remain lawfully in the United Kingdom under “domestic immigration law”.

Paper application caseworkers are relying on Home Office Policy Guidance “Free Movement; Derivative Rights of Residence, Version 5.0, 2nd May 2019, which appears to be based upon the Court of Appeal decision in Patel v SSHD [2017] EWCA Civ 2028, which in turn appears to have been recently considered by the Supreme Court in Patel v Secretary of State for the Home Department UKSC59(16 December 2019).

I have twice been asked to provide evidence but tbh with you, I have zero confidence in the system atm.

[snooky]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

Hello,
Are they just ‘dishing’ out refusal letters to applicants with visas already or just in general? Thanks

@Shay007 HO have refused Zambrano applications with expired LTR even with members on the forum. The number of people refused post-Brexit immigration status under the EU settlement scheme has surged by 700 per cent in a month. Data published by the Home Office shows that 1,400 applicants were refused settled status in June, compared with 200 in May. The HO have recently stopped breaking down the percentage of refusal stating it makes collating of the monthly stats quicker and they have refused a FOI request to provide stats on Zambrano applications.

The HO is hiding under the disguise that refusal decision is couched in terms that, the Appellants having been granted leave to remain under Appendix FM of the Immigration Rules previously, and there being no change in their circumstances, were required to apply under the said Rules/ Article 8 Human Rights and that “… a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK”. It’s interesting to note that there was nothing contained within the EEA Regulations which stipulates/requires that an applicant must exhaust all other means to remain lawfully in the United Kingdom under “domestic immigration law”.

Paper application caseworkers are relying on Home Office Policy Guidance “Free Movement; Derivative Rights of Residence, Version 5.0, 2nd May 2019, which appears to be based upon the Court of Appeal decision in Patel v SSHD [2017] EWCA Civ 2028, which in turn appears to have been recently considered by the Supreme Court in Patel v Secretary of State for the Home Department UKSC59(16 December 2019).

I have twice been asked to provide evidence but tbh with you, I have zero confidence in the system atm.

HO is just backwards and untruthful government executive arm.

What you have written is the truth about the advice guidance. The 2017 Patel is obsolete as Supreme court 16 December 2019 issued a final ruling. Home Office have refused to take it down. Subsequently FTT courts have found that policy both in January is illegal and out of touch but nothing has been done. Unless a Judge issues a contempt case against them before the right thing could be done. The only way for Zambrano euss applicants is to go for JR after AR refused. But with Zambrano eea, the courts will allow all appeals. HO once again playing catch me if you can game here. They have refused to do cases which went in after 31 January 2020 because refusal will and up in court and open the floodgate Zambrano applicants

[bwunmi]

Good morning @Snooky.
Just a quick question please. Does a self employed person quality as a worker in Ibrahim/Teixeira carer case please? Thanks

[snooky]

Good morning @Snooky.
Just a quick question please. Does a self employed person quality as a worker in Ibrahim/Teixeira carer case please? Thanks

Yes, in as much as the child is in education or was in education

Ibrahim and Teixeira cases involve either the child of an EEA national worker/former worker where that child is in education in the UK or the primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK.

The child must have lived in the UK when the EEA national was a worker in the UK – the child does not necessarily have had to be in education while the EEA parent was a worker. The ‘child’ does not have to be a minor – derivative rights in Ibrahim and Teixeira cases continue for as long as the child or young person is in full-time education. These rights can also apply to children who are separated from their parents.

Education does not include nursery education but can include education received before compulsory school age – where a child has entered into the reception class.

[Mecry2020]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

Hi

Do request for new EU Settlement Scheme Zambrano dr form from the settlement scheme. Dont fo AR. Waste of money unless you want to do JR after AR is also refused

But if you wanna proceed to AR then there is a cover letter on the board already with all what you need

https://www.immigrationboards.com/eea-r ... 3-420.html

Thanks Snooky,
I agree with you, I want to send the drf 1 application first then I will re apply.

Much appreciated.

[Mecry2020]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

Thanks,
I applied June 19 and they never asked for additional evidence.

The email stated that the decision was based on the electronic documents because they are working from home and my documents will be return when the office resumes.
I called the EU call centre the decision was not on the system since July 3th that HO sent the email.

[Mecry2020]

Hi Snooky,

I am just seeing my refusal email today, it went to my junk mail.
the reason was that I am currently on ltr till next year and I would like to do AR but only got 3days.
Please can you guide me through AR, am not giving up without a fight!

Thanks

@Mecry sorry to hear and don’t give up. Continue the fight as HO is hell bent on frustrating Zambrano applicants for money gains. They now have a special team dealing with paper application and they are dishing out the refusals like Santa Claus. Can I ask when you made your application and where you asked to provide additional evidence?

Hello,
Are they just ‘dishing’ out refusal letters to applicants with visas already or just in general? Thanks

That's what it looks like.

[bwunmi]

Good morning @Snooky.
Just a quick question please. Does a self employed person quality as a worker in Ibrahim/Teixeira carer case please? Thanks

Yes, in as much as the child is in education or was in education

Ibrahim and Teixeira cases involve either the child of an EEA national worker/former worker where that child is in education in the UK or the primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK.

The child must have lived in the UK when the EEA national was a worker in the UK – the child does not necessarily have had to be in education while the EEA parent was a worker. The ‘child’ does not have to be a minor – derivative rights in Ibrahim and Teixeira cases continue for as long as the child or young person is in full-time education. These rights can also apply to children who are separated from their parents.

Education does not include nursery education but can include education received before compulsory school age – where a child has entered into the reception class.

Thank you @Snooky. I really appreciate your help.

[Prettymum]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

[netqueen]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Ohh No this is not at all. Take heart Prettymum, i hope you were given appeal rights so you can appeal that decision. All the best

[Prettymum]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Ohh No this is not at all. Take heart Prettymum, i hope you were given appeal rights so you can appeal that decision. All the best

I was given Administrative Review 28 days

[mubashir1981]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

[CR001]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

You have the ability to search and read a users previous posts. I suggest you do that instead of asking for the same information (which has been posted many times now) to be posted again.

https://www.immigrationboards.com/membe ... mum/posts/

[Prettymum]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

Pre settled for a british step daughter
I don't have a derivative card
I don't have leave to remain

[IST]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

Pre settled for a british step daughter
I don't have a derivative card
I don't have leave to remain

Hi Prettymum

Sorry to hear about your refusal, please take Snooky advise and apply for DRF1

[mubashir1981]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

Pre settled for a british step daughter
I don't have a derivative card
I don't have leave to remain

Did they accept u that u are primary carer of british child or not. And only objection is that u have not made application ujder artical 8.

[Ngoo]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

@Prettymum,

I am sorry to hear about your refusal, don’t give up. All will be well.

[Prettymum]

my Zambrano people is a bad news from me

Have been refused ; I was told to apply for leave to remain that it will succeed.

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

Pre settled for a british step daughter
I don't have a derivative card
I don't have leave to remain

Did they accept u that u are primary carer of british child or not. And only objection is that u have not made application ujder artical 8.

Is because of i dont have an application under artical 8
And am not a primary carer... they said it is shared responsibility

[snooky]

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

Pre settled for a british step daughter
I don't have a derivative card
I don't have leave to remain

Did they accept u that u are primary carer of british child or not. And only objection is that u have not made application ujder artical 8.

Is because of i dont have an application under artical 8
And am not a primary carer... they said it is shared responsibility

Once again, HO is sending two clear messages.

1. Only the courts can give you Zambrano Right to Reside in the uk because is a last RESORT
2. EUSS Zambrano is only issued to people who have held previous BRC under EEA Regulation 16.

In totality, it is not in accordance to the EEA Regulations, Zambrano C34/09 and 2019 Patel SC Ruling.

As I have already advised here, HO's advice contradicts the rule of law and those whose Applications have been refused should Bang in EEA Zambrano before 31 December 2020.

On 30 January 2020 and having heard a number of test cases, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) has a derivative right of residence notwithstanding that he or she has not yet made an application under the Immigration Rules and pursuant to Article 8 ECHR.

So my friend and members without having initial right under Regulation 16 HO will not consider your EUSS ZAMBRANO application fairly.

Some migrants NGO probably will soon usher HO to court because the contempt is too high and made the EUSS not fit for purpose.


Sorry and dont give up

[LULUBABY]

Hi sorry ro hear about that.
Did u apply for settle or pre settled. Did u have drf1 card? What is ur current status?

Pre settled for a british step daughter
I don't have a derivative card
I don't have leave to remain

Did they accept u that u are primary carer of british child or not. And only objection is that u have not made application ujder artical 8.

Is because of i dont have an application under artical 8
And am not a primary carer... they said it is shared responsibility

Shared responsibility between you and who?. Please cheer up, be strong and remain focused. Put in your DRF1 application, also remember to chase up that court document you were going for. Don’t give up, try and get every possible document that will evidence your care towards her. Keep fighting, ok?.