Mecry2020 wrote: ↑Mon Aug 10, 2020 3:27 pm
snooky wrote: ↑Sat Aug 08, 2020 7:41 am
@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 Thanks for your endless advice and support on this platform.
Just to clarify this as someone with current ltr can I still apply for Dfr1 in order to re-apply for EU settlement.
A lawyer friend said I can't apply for it since I am under FM, well I have applied anyway.
Hope it will not affect my current status?
Thanks.
Under regulation 16, nothing stops you to apply for EEA or EU Leave to remain as far as you are not exempt under regulation 16(7).
But HO guidance is the problem which needs to be challenged because Reg 16(7) made clear that exempt persons are
(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.
This means if you have LLTR which UK immigration calls it PSIC and defined in s.13(2) of the Asylum and Immigration Act 1996 then you have the right to apply.
Bear in mind that in EU Leave to REMAIN you are not subject to UK immigration control. Anyone whose leave is controlled could apply because you are not an exempt person.
So is a matter of eu law and immigration guidance which has the power.