Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[LULUBABY]

Lulubaby

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

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Hi IST, I am preparing my AR, please what points did you argue in your AR submission?. Did you submit any new evidence?.

[Loloebele]

Hi Lulubaby
Sorry about your refusal. I also got refused . It was agreed that I was a primary carer and I have a realistic prospect under appendix fm. That there is no reason why such an application should be refused. I have submitted under appendix fm, as I’m tired of battling with refusals and appeals. I wish you all the best

[IST]

Lulubaby

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

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Hi IST, I am preparing my AR, please what points did you argue in your AR submission?. Did you submit any new evidence?.

Hi Lulubaby

I did argue with the points Snooky raised is on page 22 on this thread also submitted my child school letter recently taken from school after my EU Settlement refusal

[IST]

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Hi IST, I am preparing my AR, please what points did you argue in your AR submission?. Did you submit any new evidence?.

Hi Lulubaby

I did argue with the points Snooky raised is on page 22 on this thread also submitted my child school letter recently taken from school after my EU Settlement refusal

Lulubaby this mite be helpful


Who is a ‘person with a Zambrano right to reside’?



A ‘Zambrano right to reside’ is derived from wider EU law rather than from the Free Movement Directive 2004/38/EC and has been confirmed by CJEU judgments



A ‘person with a Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person:



• who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are

(and for the relevant period have been), or (as the case may be) for the relevant period were, resident for a continuous qualifying period in the UK as a person with a derivative right to reside by virtue of regulation 16(1) of the Immigration (European Economic Area) EEA Regulations 2016 (‘the EEA Regulations’), by satisfying the criteria in either:



paragraph (5) of that regulation



paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (where the person was previously granted limited leave to enter or remain under Part 1 of Appendix EU as a person with a

Zambrano right to reside and was under the age of 18 at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years





EEA Regs DERIVATIVE RIGHT OF RESIDENCE



Explaination Icon Some of the changes relating to Brexit day (from SI 2019/1383 have not been updated yet) check back soon.



16. Derivative right to reside of the The Immigration (European Economic Area) Regulations 2016

Green text indicates changes from the original version of the legislation.

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Previous Section

15A. No right of permanent residence for admissions after EU exit

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17. Issue of registration certificate

Derivative right to reside

16.—(1) A person has a derivative right to reside during any period in which the person—



(a)is not an exempt person; and

(b)satisfies each of the criteria in one or more of paragraphs (2) to (6).

(2) The criteria in this paragraph are that—



(a)the person is the primary carer of an EEA national; and

(b)the EEA national—

(i)is under the age of 18;

(ii)resides in the United Kingdom as a self-sufficient person; and

(iii)would be unable to remain in the United Kingdom if the person left the United Kingdom for an indefinite period.

(3) The criteria in this paragraph are that—



(a)any of the person’s parents (“PP”) is an EEA national who resides or has resided in the United Kingdom;

(b)both the person and PP reside or have resided in the United Kingdom at the same time, and during such a period of residence, PP has been a worker in the United Kingdom; and

(c)the person is in education in the United Kingdom.

(4) The criteria in this paragraph are that—



(a)the person is the primary carer of a person satisfying the criteria in paragraph (3) (“PPP”); and

(b)PPP would be unable to continue to be educated in the United Kingdom if the person left the United Kingdom for an indefinite period.

(5) The criteria in this paragraph are that—



(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

(6) The criteria in this paragraph are that—



(a)the person is under the age of 18;

(b)the person does not have leave to enter, or remain in, the United Kingdom under the 1971 Act (but see paragraph (7A));

(c)the person’s primary carer is entitled to a derivative right to reside in the United Kingdom under paragraph (2), (4) or (5); and

(d)the primary carer would be prevented from residing in the United Kingdom if the person left the United Kingdom for an indefinite period.

(7) In this regulation—



(a)“education” excludes nursery education but does not exclude education received before the compulsory school age where that education is equivalent to the education received at or after the compulsory school age;

(b)“worker” does not include a jobseeker or a person treated as a worker under regulation 6(2);

(c)an “exempt person” is a person—

(i)who has a right to reside under another provision of these Regulations;

(ii)who has the right of abode under section 2 of the 1971 Act(1);

(iii)to whom section 8 of the 1971 Act(2), or an order made under subsection (2) of that section(3), applies; or

(iv)who has indefinite leave to enter or remain in the United Kingdom (but see paragraph (7A)).



((7A) Leave to enter, or remain in, the United Kingdom under the 1971 Act which has been granted by virtue of Appendix EU to the immigration rules is not to be treated as leave for the purposes of paragraph (6)(b) or (7)(c)(iv).



(8) A person is the “primary carer” of another person (“AP”) if—



(a)the person is a direct relative or a legal guardian of AP; and

(b)either—

(i)the person has primary responsibility for AP’s care; or

(ii)shares equally the responsibility for AP’s care with one other person *.

(9) In paragraph (2)(b)(iii), (4)(b) or (5)(c), if the role of primary carer is shared with another person in accordance with paragraph (8)(b)(ii), the words “the person” are to be read as “both primary carers”.



(10) Paragraph (9) does not apply if the person with whom care responsibility is shared acquired a derivative right to reside in the United Kingdom as a result of this regulation prior to the other person’s assumption of equal care responsibility.



(11) A person is not be regarded as having responsibility for another person’s care for the purpose of paragraph (8) on the sole basis of a financial contribution towards that person’s care.



(12) A person does not have a derivative right to reside where the Secretary of State or an immigration officer has made a decision under regulation 23(6)(b), 24(1), 25(1), 26(3) or 31(1), unless that decision is set aside or otherwise no longer has effect.

[LULUBABY]

Thanks. Were you refused for a similar reason?.

My refusal was on grounds of holding ltr

Hi IST, I am preparing my AR, please what points did you argue in your AR submission?. Did you submit any new evidence?.

Hi Lulubaby

I did argue with the points Snooky raised is on page 22 on this thread also submitted my child school letter recently taken from school after my EU Settlement refusal

Ok, thank you so much. I am already going through the previous posts and writing out those points Snooky raised.

[LULUBABY]

Hi Lulubaby
Sorry about your refusal. I also got refused . It was agreed that I was a primary carer and I have a realistic prospect under appendix fm. That there is no reason why such an application should be refused. I have submitted under appendix fm, as I’m tired of battling with refusals and appeals. I wish you all the best

Thanks Loloebele.

[IST]

My refusal was on grounds of holding ltr

Hi IST, I am preparing my AR, please what points did you argue in your AR submission?. Did you submit any new evidence?.

Hi Lulubaby

I did argue with the points Snooky raised is on page 22 on this thread also submitted my child school letter recently taken from school after my EU Settlement refusal

Ok, thank you so much. I am already going through the previous posts and writing out those points Snooky raised.

Good luck

[Sabi92]

Hi

After submitting further evidence to home office how long it takes HO to make a decision.

Thanks

[Prettymum]

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?.

Thank you Lulubaby. I just submitted the court gave me for the parental responsibility and it will take 21 days to be processed. By my calculations I can do the AR because it would have past 28days.

Having two options in mind; FLR FP or EEA ZAMBRANO application.

[Prettymum]

Thank you Lulubaby. I just submitted the form court gave me for the parental responsibility and it will take 21 days to be processed. By my calculations I can not do the AR because it would have past 28days.

Having two options in mind; FLR FP or EEA ZAMBRANO application.

[Prettymum]

Hi

After submitting further evidence to home office how long it takes HO to make a decision.

Thanks

2 to 3 weeks...

[snooky]

@All

With my analysis, I think doing new application if you have concrete evidence would be meaningful. Reason is that, AR for Zambrano Carers who applied before 31 January 2020 isn't getting fairness from the HO.

Doing new application would give you the legal right to go before the FTT and have a proper assessment within the Regulations and Patel vs SSHD Ruling December 2019.

As I keep saying, HO is allowing the courts rather to give Zambrano BRC because they are still making Zambrano applicants has it as a last resort which is wrong, bias, and ill thought.

All Zambrano decisions coming out from the euss are
those cases who applied before 31 January 2019. All these are refused unless those who initially had BRC under EEA.

[snooky]

@All - Count Down Time

4 MONTHS TO GO FOR BOTH EEA ZAMBRANO AND EU SETTLEMENT SCHEME ZAMBRANO APPLICATIONS.

IF YOU WANT TO STAY IN THE GAME BEYOND 31 DECEMBER 2020, THEN KEEP YOUR ZAMBRANO EEA IN AS I ALWAYS ADVISE.

4 MONTHS TO GO

[snooky]

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?

Mubashir1981

Has the Permanent Migration Team EEA sent to you your EEA BRC

[Sabi92]

Hi

After submitting further evidence to home office how long it takes HO to make a decision.

Thanks

2 to 3 weeks...

Thank you

[JB007]

Having two options in mind; FLR FP or EEA ZAMBRANO application.

Why not the option of FLR(M) too?

If he cannot work then he does not have to meet the £18,600 financial requirement.

If he can work but does not and claims benefits instead, (Income Support, Tax Credits, Housing Benefit etc) having a partner will trigger a move off those old benefits and onto the new Universal Credit instead.
https://www.entitledto.co.uk/help/chang ... sal_Credit

Universal Credit, unlike the other benefits I mentioned, will have work requirements for him, so why not work anyway and use FLR(M) for you? How old is the child?

[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?

Mubashir1981

Has the Permanent Migration Team EEA sent to you your EEA BRC

Hi snookey

Hope u r good. I have received fee back 2 days ago but still have not received implementation letter.

[snooky]

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?

Mubashir1981

Has the Permanent Migration Team EEA sent to you your EEA BRC

Hi snookey

Hope u r good. I have received fee back 2 days ago but still have not received implementation letter.

Has the post decision casework unit written to you as well.

[mubashir1981]

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

Mubashir1981

Has the Permanent Migration Team EEA sent to you your EEA BRC

Hi snookey

Hope u r good. I have received fee back 2 days ago but still have not received implementation letter.

Has the post decision casework unit written to you as well.

Yes received letter on 21 July dated 7th july same date as my eu settlement application approved. Letter saying they going to implement court decision. But nothing yet.

[IST]

Mubashir1981

Has the Permanent Migration Team EEA sent to you your EEA BRC

Hi snookey

Hope u r good. I have received fee back 2 days ago but still have not received implementation letter.

Has the post decision casework unit written to you as well.

Yes received letter on 21 July dated 7th july same date as my eu settlement application approved. Letter saying they going to implement court decision. But nothing yet.

Hi Mubashir

So did you receive the BRC from EU Settelment yet?

[snooky]

Mubashir1981

Has the Permanent Migration Team EEA sent to you your EEA BRC

Hi snookey

Hope u r good. I have received fee back 2 days ago but still have not received implementation letter.

Has the post decision casework unit written to you as well.

Yes received letter on 21 July dated 7th july same date as my eu settlement application approved. Letter saying they going to implement court decision. But nothing yet.

GOOD NEWS. Once they have written to you then they are going to issue your EEA BRC. These cards are done by DVLA and at the two departments have poor communication and workload.

Congrats my friend. Is over now. Have a nice living but be careful. Do not let anyone advice you to switch. If you do, the Law of SUPERVENING will trap you and you will lose your Zambrano right

They will implement the Judge's promulgation.

[mubashir1981]

Hi snookey

Hope u r good. I have received fee back 2 days ago but still have not received implementation letter.

Has the post decision casework unit written to you as well.

Yes received letter on 21 July dated 7th july same date as my eu settlement application approved. Letter saying they going to implement court decision. But nothing yet.

Hi Mubashir

So did you receive the BRC from EU Settelment yet?

Yes i received all BRP cards on 10th july 2020.

[IST]

Has the post decision casework unit written to you as well.

Yes received letter on 21 July dated 7th july same date as my eu settlement application approved. Letter saying they going to implement court decision. But nothing yet.

Hi Mubashir

So did you receive the BRC from EU Settelment yet?

Yes i received all BRP cards on 10th july 2020.

Congratulations.

[Sebel]

@All - Count Down Time

4 MONTHS TO GO FOR BOTH EEA ZAMBRANO AND EU SETTLEMENT SCHEME ZAMBRANO APPLICATIONS.

IF YOU WANT TO STAY IN THE GAME BEYOND 31 DECEMBER 2020, THEN KEEP YOUR ZAMBRANO EEA IN AS I ALWAYS ADVISE.

4 MONTHS TO GO

@ Snooky I will personal want to thank and appreciate you for the effort and kindness you are showing to us inthis forum. I will say thank you and keep on putting on track and up to dates. May God continue to bless you.

My Dfr1 has been submitted. Did that on wednesday the 5th of August and money already taken from my account onthe 6th of August. No acknowledgement letter received yet,any suggestion about what next?.

[snooky]

@All - Count Down Time

4 MONTHS TO GO FOR BOTH EEA ZAMBRANO AND EU SETTLEMENT SCHEME ZAMBRANO APPLICATIONS.

IF YOU WANT TO STAY IN THE GAME BEYOND 31 DECEMBER 2020, THEN KEEP YOUR ZAMBRANO EEA IN AS I ALWAYS ADVISE.

4 MONTHS TO GO

@ Snooky I will personal want to thank and appreciate you for the effort and kindness you are showing to us inthis forum. I will say thank you and keep on putting on track and up to dates. May God continue to bless you.

My Dfr1 has been submitted. Did that on wednesday the 5th of August and money already taken from my account onthe 6th of August. No acknowledgement letter received yet,any suggestion about what next?.

If after 4 weeks you haven't heard from them, go to page 27 and 28 of this forum. There is an instruction and the laws there to aid you request from the HO, your COA asap