Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[IST]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

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 your son xxxxx. 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.
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 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.
ICD.5298 1 of 3

In order to demonstrate that xxxxx 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/her] 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 xxxxx 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.
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 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 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.
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 requirement.

I am sorry about you refusal.

@1ST,
Thank you.
Could you please send me the link for the Administrative Review.

https://www.gov.uk/ask-for-a-visa-administrative-review
Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.

[IST]

On my last complaint from HO it says if you not happy you can write to complaintreview so I guess the final one is the complaintreview.

https://www.gov.uk/complain-uk-visas-immigration

Complain about UK Visas and Immigration (UKVI)

Use this online form to complain about UKVI’s service or to check on a complaint you have already made.

Make sure you have any Home Office reference numbers that could help with the complaint.

If you’re making a complaint on behalf of someone else you’ll need their consent, along with their name and date of birth.


How to complain

If you have a complaint about our service or professional conduct, please use our online complaints form.

Alternatively email us at complaints@homeoffice.gov.uk.

Tell us as much information about yourself as you can. This will help us to find the information relevant to your case, and to contact you about it. The information you should provide is listed below:

your contact details – it is important you include your address and phone number as we may contact you to resolve your complaint by phone or to request further information
the names of the applicant/original complainant if you’re completing this on behalf of someone else – we must have written authority to disclose information about another person’s case
full details of the matter you’re complaining about, including times, dates and locations
the names or identifying numbers of any staff you’ve dealt with
details of any witnesses to the incident, if appropriate
copies of the relevant letters or papers
details of any reimbursement issues including papers and receipts to support your claim
your Home Office reference details, and any other references that will help us to investigate your complaint, for example refund reference, appeal reference or UAN (unique application number)
if your complaint is in relation to our contact centre we will need to know the date you called, the number you dialled and the number you called us from

We can only accept complaints in English and Welsh.

If you’re not satisfied

If you are not satisfied with our response, you can ask us to review the matter.

A senior member of staff will carry out an independent review of your complaint. They will provide you with further details within 20 working days of the date when you ask for a review.

If you’re still not satisfied at this stage, you may be able to raise the matter with the Parliamentary and Health Service Ombudsman who may be able to help you.

Contact us if:

you have a complaint about our service or professional conduct
the incident happened within the last 3 months

Complaints should be made no later than 3 months after the date of the incident unless there are exceptional circumstances.

Thank you

[Ngoo]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

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 your son xxxxx. 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.
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 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.
ICD.5298 1 of 3

In order to demonstrate that xxxxx 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/her] 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 xxxxx 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.
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 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 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.
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 requirement.

I am sorry about you refusal.

@1ST,
Thank you.
Could you please send me the link for the Administrative Review.

https://www.gov.uk/ask-for-a-visa-administrative-review
Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.

Do you think I should reapply for the EU settlement while I wait for the DRF 1 appeal? Thanks

[forney]

Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.
Do you think I should reapply for the EU settlement while I wait for the DRF 1 appeal? Thanks

Why would a primary carer of a British national, who was refused settlement under Zambrano, be given settlement under the EEA application?

[Greatgreat]

Oh thanks everyone! I've called HO again and behold, the lady told me same thing , that I do not qualify because I have LTR 2.5 years already! So I asked for her name and told her I am documenting everything as I'm going to take action. So she responded that she can send me the form and I can take my chances. So the form should be here in 10nworking days!

Ok, but what are you going to do when you are refused?

Hoping to get a tight of appeal. I've seen people here win their appeals.

[forney]

I think it is dangerous, given how close (a hard) Brexit is, to apply for things without knowing WHY you should apply for it. It is huge gamble.

[forney]

Oh thanks everyone! I've called HO again and behold, the lady told me same thing , that I do not qualify because I have LTR 2.5 years already! So I asked for her name and told her I am documenting everything as I'm going to take action. So she responded that she can send me the form and I can take my chances. So the form should be here in 10nworking days!

Ok, but what are you going to do when you are refused?

Hoping to get a tight of appeal. I've seen people here win their appeals.

So you are saying that you know people who currently have LTR, and who wer refused settlement, win their appeal in the First Tier Tribunal? If that is the case, why is the Home Office still refusing people who have LTR? Where are the cases? What are their claim numbers?

[IST]

I am sorry about you refusal.

@1ST,
Thank you.
Could you please send me the link for the Administrative Review.

https://www.gov.uk/ask-for-a-visa-administrative-review
Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.

Do you think I should reapply for the EU settlement while I wait for the DRF 1 appeal? Thanks

Personally I think is nothing to loose if you apply again,as Snooky has previously Is better to make a new application as is free. Pls senior members advice

[forney]

Personally I think is nothing to loose if you apply again,as Snooky has previously Is better to make a new application as is free. Pls senior members advice

It is everything to lose. You don't have a lot of time left. When you apply for the scheme via a route, you should know why you are eligible. If you just keep applying to the scheme, hoping to be approved on one, without a real understanding of why you should be approved, you may wake up one day and find that the Home Office has changed its mind. Moreover, you won't even know how to challenge their decision. The best option is to choose a path that you feel strongly you are eligible for, and fight for it.

[forney]

Personally I think is nothing to loose if you apply again,as Snooky has previously Is better to make a new application as is free. Pls senior members advice

It is everything to lose. You don't have a lot of time left. When you apply for the scheme via a route, you should know why you are eligible. If you just keep applying to the scheme, hoping to be approved on one, without a real understanding of why you should be approved, you may wake up one day and find that the Home Office has changed its mind. Moreover, you won't even know how to challenge their decision. The best option is to choose a path that you feel strongly you are eligible for, and fight for it.

It is not a good idea to follow people blindly - unless they are willing to pay the price to represent you if something goes wrong. You should always try and have at least a basic understanding of what is happening and why.

[Roar1]

Personally I think is nothing to loose if you apply again,as Snooky has previously Is better to make a new application as is free. Pls senior members advice

It is everything to lose. You don't have a lot of time left. When you apply for the scheme via a route, you should know why you are eligible. If you just keep applying to the scheme, hoping to be approved on one, without a real understanding of why you should be approved, you may wake up one day and find that the Home Office has changed its mind. Moreover, you won't even know how to challenge their decision. The best option is to choose a path that you feel strongly you are eligible for, and fight for it.

It is not a good idea to follow people blindly - unless they are willing to pay the price to represent you if something goes wrong. You should always try and have at least a basic understanding of what is happening and why.

@ forney, i have been going through your advice since you joined this forum. I appreciate your honesty.

[forney]

@ forney, i have been going through your advice since you joined this forum. I appreciate your honesty.

Thanks, Roar1. I am probably going to take a break soon. As the refusals start to increase, people will have tough decisions to make. Broadly speaking, they can apply again under another scheme, appeal to the First Tier Tribunal, file a judicial review with the Upper Tribunal, or challenge the EUSS implementation through the High Court/Appeals Court/Supreme Court. In addition, they will have to decide whether to go it alone, or join together and find a barrister + solicitor to represent them. For those having difficulties even getting a decision, they need to work with their MP and the PHSO or send the Home Office a pre action protocol letter. That's my advice, in a nutshell.

[LULUBABY]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

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 your son xxxxx. 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.
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 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.
ICD.5298 1 of 3

In order to demonstrate that xxxxx 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/her] 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 xxxxx 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.
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 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 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.
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 requirement.

Ngoo, sorry to hear about your refusal. That was exactly the same reason I was given on my refusal letter. You have to cry, console yourself, calm down and REMAIN FOCUSED.

We have to be realistic, how can we Zambrano carers here file a joint appeal, when we have forum rules and restrictions?. There is no room for private communication. Unless you know other Zambrano carers outside the forum who you can join with.

From what we have seen on this forum, those with LTR who were given positive EU settlement decisions all had an EEA Derivative card at one point or another either it had expired or not. I can only count 3 who said they didn’t have the EEA card but were given a positive decision. ( Remember the brother and Sister in the old locked thread who were given during the early stage, then this recent member who just posted a couple of days ago).

When I called to ask for a new EU settlement scheme application, the agent refused and told me that I should stick to my ltr that “the EU settlement scheme application form is only for those with EEA DERIVATIVE CARD”. By the time I finished giving him my verbal Pre Action Protocol, he sent me an application form.

Go again and read the previous posts on this NEW thread. Remember Mubashir1981’s letter from HO after his/her complain to PHSO or MP, (I can’t remember now the exact details), go and read it again, it is an eye opener.

Snooky immediately it was posted explained it again in case we didn’t understand it. He then told us that from what we are seeing from the refusals given members with ltr was because we had no EEA card, he told us that HO has made it things in such a way that “it is only the courts now who can determine who is a Zambrano carer to HO”. He reminded us that HO was running down the clock, hence asking us to quickly make an EEA application before 31 December 2020. He also said we could go the courts, do AR, PAP, Judicial Review but due to the costs, he said we can re apply for EU settlement scheme and get appeal rights. The choice has always been left to us.

Home Office accepts you are a primary carer, of a British child. Your EEA application is already in court. Chase it up using the procedure one of the members posted here a few days ago.

Also, if you have the money do AR but then there is no time and HO keeps delaying (remember IST is still awaiting his overturned response), you can do PAP, then Judicial Review.

Snooky has always said HO guidance on Zambrano is wrong, he mentioned a court case that specified that. He said HO has no right to tell us to ‘stick to our ltr route’, I think he mentioned a court case/judgement that specified that. He also told us that it is not a must that a Zambrano carer must apply for a derivative card in other to be recognised, we also know that and there is also a court case/judgement to back it up.

Snooky is not here anymore to write those letters for us as he used to but we have those ones he already posted for us. Go through them, add the point in his last post, add also those points some members raised a couple days ago (Of course you have to add those that apply to your situation). He also gave us formats of how to complain or chase up our applications / decisions with the HO. Some members also posted formats and links on how to go about it too.

It is difficult but it is worth the effort.

Concentrate on hastening the appeal, email the HO as suggested and notify them of intention to do PAP, JR (please check the exact procedure the member asked us the follow), wait for their response and take it from there.

Alternatively you can use a lawyer if you want to or join up with other Zambrano carers if you know any.

Or do you now want to listen to HO (who likes to advice applicants but find it very difficult to listen to Judges) and stick to your route?.

Don’t give up without a fight.

[LULUBABY]

Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.
Do you think I should reapply for the EU settlement while I wait for the DRF 1 appeal? Thanks

Why would a primary carer of a British national, who was refused settlement under Zambrano, be given settlement under the EEA application?

The idea is that the primary carer of British child, who was refused settlement under Zambrano EU settlement scheme can apply for DRF1 which is an EEA application to get a Derivative Card to prove that Zambrano Status to HO. With the Derivative card HO will then ‘Officially accept’ the Zambrano Status and will not refuse a fresh EU settlement scheme application.

[Greatgreat]

You have said it all @lulubaby. Thank you.
@Ngoo, wishing you the best in whatever way you decide to go.

[Greatgreat]

Oh thanks everyone! I've called HO again and behold, the lady told me same thing , that I do not qualify because I have LTR 2.5 years already! So I asked for her name and told her I am documenting everything as I'm going to take action. So she responded that she can send me the form and I can take my chances. So the form should be here in 10nworking days!

Ok, but what are you going to do when you are refused?

Hoping to get a tight of appeal. I've seen people here win their appeals.

So you are saying that you know people who currently have LTR, and who wer refused settlement, win their appeal in the First Tier Tribunal? If that is the case, why is the Home Office still refusing people who have LTR? Where are the cases? What are their claim numbers?

Thanks @ forney.
All I am saying is that some people on this forum had success through appeals and a handful was granted outright. With home office, one is never sure. However, I am going to rely on the fact that my leave expires soon. And as you have pointed out earlier, I may be granted sue to this. If not I'd appeal. They never granted my LTR outright anyway, until the court instructed them to.
I know every case is different. But one must keep fighting!

[forney]

Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.
Do you think I should reapply for the EU settlement while I wait for the DRF 1 appeal? Thanks

Why would a primary carer of a British national, who was refused settlement under Zambrano, be given settlement under the EEA application?

The idea is that the primary carer of British child, who was refused settlement under Zambrano EU settlement scheme can apply for DRF1 which is an EEA application to get a Derivative Card to prove that Zambrano Status to HO. With the Derivative card HO will then ‘Officially accept’ the Zambrano Status and will not refuse a fresh EU settlement scheme application.

Yes, thanks. I understand the process. But the legal justification, the legal explanation, is missing. Moreover, the Home Office are telling people not to do it. On the one hand, you can think they are just advising against this option because they are being difficult. On the other hand, you can assume that even if a Zambrano carer manages to get approved today under EEA, they will withdraw that approval at some point in the future. They are directly warning you that they are hostile to the idea of a Zambrano carer remaining in the EUSS due to obtaining an EEA status. Ignore their warning at your own risk. They are telling Zambrano carers need to go for LTR via Appendix FM or similar. If you go against them today, they have forever to take away your status. The safe way to obtain settlement is to challenge the Home Office. It is to remain a Zambrano carer and argue for the reasons why you should qualify under Appendix EU. The moderators should create a mechanism for people who received the same refusal letter, to get together if they want to file a joint claim, if they truly want to help people.

[forney]

Ok, but what are you going to do when you are refused?

Hoping to get a tight of appeal. I've seen people here win their appeals.

So you are saying that you know people who currently have LTR, and who wer refused settlement, win their appeal in the First Tier Tribunal? If that is the case, why is the Home Office still refusing people who have LTR? Where are the cases? What are their claim numbers?

Thanks @ forney.
All I am saying is that some people on this forum had success through appeals and a handful was granted outright. With home office, one is never sure. However, I am going to rely on the fact that my leave expires soon. And as you have pointed out earlier, I may be granted sue to this. If not I'd appeal. They never granted my LTR outright anyway, until the court instructed them to.
I know every case is different. But one must keep fighting!

The Home Office allow some people who have expired LTR to obtain settlement under EUSS. Yet, others who either do not have LTR or have an expired LTR are refused.

The key problem is timing. If your LTR expires in December and Brexit occurs on 1 January 2020, I wonder if you will be able to get settlement in time?

[Sebel]

I am sorry about you refusal.

@1ST,
Thank you.
Could you please send me the link for the Administrative Review.

https://www.gov.uk/ask-for-a-visa-administrative-review
Best of luck. As Snooky has mention so many times you will succeed the EEA application. HO has admitted that you are a primary carer.

Do you think I should reapply for the EU settlement while I wait for the DRF 1 appeal? Thanks

@ngoo, I think so,as advised by snooky earlier on this thread, but I dought if HO will send you the form as some of us tried to call them, but they said, we are not qualify. So try your luck,if a form is sent to you, then it will be good.

[Greatgreat]

Hoping to get a tight of appeal. I've seen people here win their appeals.

So you are saying that you know people who currently have LTR, and who wer refused settlement, win their appeal in the First Tier Tribunal? If that is the case, why is the Home Office still refusing people who have LTR? Where are the cases? What are their claim numbers?

Thanks @ forney.
All I am saying is that some people on this forum had success through appeals and a handful was granted outright. With home office, one is never sure. However, I am going to rely on the fact that my leave expires soon. And as you have pointed out earlier, I may be granted sue to this. If not I'd appeal. They never granted my LTR outright anyway, until the court instructed them to.
I know every case is different. But one must keep fighting!

The Home Office allow some people who have expired LTR to obtain settlement under EU Settlement Scheme. Yet, others who either do not have LTR or have an expired LTR are refused.

The key problem is timing. If your LTR expires in December and Brexit occurs on 1 January 2020, I wonder if you will be able to get settlement in time?

That's a serious food for thought! Now is just a waiting game for my drf 1 and I'll send the other form in as soon as I get it.

[Ngoo]

My EU application has been refused today. I don’t know where to do next...


Dear xxxxx

8 September 2020

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 your son xxxxx. 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.
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 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.
ICD.5298 1 of 3

In order to demonstrate that xxxxx 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/her] 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 xxxxx 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.
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 16 December 2016 and your application was successful. You were granted leave to remain on 14 July 2017, valid until 14 January 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.
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 requirement.

Ngoo, sorry to hear about your refusal. That was exactly the same reason I was given on my refusal letter. You have to cry, console yourself, calm down and REMAIN FOCUSED.

We have to be realistic, how can we Zambrano carers here file a joint appeal, when we have forum rules and restrictions?. There is no room for private communication. Unless you know other Zambrano carers outside the forum who you can join with.

From what we have seen on this forum, those with LTR who were given positive EU settlement decisions all had an EEA Derivative card at one point or another either it had expired or not. I can only count 3 who said they didn’t have the EEA card but were given a positive decision. ( Remember the brother and Sister in the old locked thread who were given during the early stage, then this recent member who just posted a couple of days ago).

When I called to ask for a new EU settlement scheme application, the agent refused and told me that I should stick to my ltr that “the EU settlement scheme application form is only for those with EEA DERIVATIVE CARD”. By the time I finished giving him my verbal Pre Action Protocol, he sent me an application form.

Go again and read the previous posts on this NEW thread. Remember Mubashir1981’s letter from HO after his/her complain to PHSO or MP, (I can’t remember now the exact details), go and read it again, it is an eye opener.

Snooky immediately it was posted explained it again in case we didn’t understand it. He then told us that from what we are seeing from the refusals given members with ltr was because we had no EEA card, he told us that HO has made it things in such a way that “it is only the courts now who can determine who is a Zambrano carer to HO”. He reminded us that HO was running down the clock, hence asking us to quickly make an EEA application before 31 December 2020. He also said we could go the courts, do AR, PAP, Judicial Review but due to the costs, he said we can re apply for EU settlement scheme and get appeal rights. The choice has always been left to us.

Home Office accepts you are a primary carer, of a British child. Your EEA application is already in court. Chase it up using the procedure one of the members posted here a few days ago.

Also, if you have the money do AR but then there is no time and HO keeps delaying (remember IST is still awaiting his overturned response), you can do PAP, then Judicial Review.

Snooky has always said HO guidance on Zambrano is wrong, he mentioned a court case that specified that. He said HO has no right to tell us to ‘stick to our ltr route’, I think he mentioned a court case/judgement that specified that. He also told us that it is not a must that a Zambrano carer must apply for a derivative card in other to be recognised, we also know that and there is also a court case/judgement to back it up.

Snooky is not here anymore to write those letters for us as he used to but we have those ones he already posted for us. Go through them, add the point in his last post, add also those points some members raised a couple days ago (Of course you have to add those that apply to your situation). He also gave us formats of how to complain or chase up our applications / decisions with the HO. Some members also posted formats and links on how to go about it too.

It is difficult but it is worth the effort.

Concentrate on hastening the appeal, email the HO as suggested and notify them of intention to do PAP, JR (please check the exact procedure the member asked us the follow), wait for their response and take it from there.

Alternatively you can use a lawyer if you want to or join up with other Zambrano carers if you know any.

Or do you now want to listen to HO (who likes to advice applicants but find it very difficult to listen to Judges) and stick to your route?.

Don’t give up without a fight.

@Lulubaby,

Thank you so much. I was really down yesterday but after reading all you have written, I am up for the fight. I actually wanted to go for the AR but I am going to give them a call today to send me a new application form while I wait for the court decision on the EEA Zambrano appeal. How did you get them to send the form or what did you say to them? I am not sure what to say to the court as regards to my appeal how do I get them to speed things up. I do call them every week and their response is always the same.

[Sebel]

Personally I think is nothing to loose if you apply again,as Snooky has previously Is better to make a new application as is free. Pls senior members advice

It is everything to lose. You don't have a lot of time left. When you apply for the scheme via a route, you should know why you are eligible. If you just keep applying to the scheme, hoping to be approved on one, without a real understanding of why you should be approved, you may wake up one day and find that the Home Office has changed its mind. Moreover, you won't even know how to challenge their decision. The best option is to choose a path that you feel strongly you are eligible for, and fight for it.

It is not a good idea to follow people blindly - unless they are willing to pay the price to represent you if something goes wrong. You should always try and have at least a basic understanding of what is happening and why.

Well said forney, truly we were following blindly ,now we have been stock inthe middle of the sea. Someone who was really giving us directives, advices because of a little misunderstanding, the person backs out. I got two assumptions;
- Either the person have seen that there is no way forward to help or the directives he or she gave was wrong, or
- the person is forecasting lots of refusal and trying to run away from the way forward and not ready to defend his or her advice concerning the EEA drf1 card and don't want to be face with such embarrassment and now decided to quit despite all the plea and a mistake from one member. That is really inhuman seeing your neighbour's dieing and u prefer to sit quiet inthe name of angry.

Though one was not obliged to advice,was just a freewill as no one is paying, but you don't just leave people in jeopardy like that. Instead, God will never forgive anyone who does that type of acts.

Please no one should misunderstand me just being frustrated.


Also is funny mubashi1981 who was here and all of us tried to see into his application for help, is not even there to help people based on his or her experience. Minds of people
Thanks

[IST]

Good morning All

I agree we are left in limbo,but if all of us without a good law knowledge we can follow what Snooky previously mentioned apply for EEA DRF1 and challenge the HO decision to Court, which most of us already have applied for EEA I think we will be oright and we have to fight till the end, and god blessing we all will win the battle.

[JB007]

https://www.freemovement.org.uk/eu-sett ... no-carers/

[forney]

Personally I think is nothing to loose if you apply again,as Snooky has previously Is better to make a new application as is free. Pls senior members advice

It is everything to lose. You don't have a lot of time left. When you apply for the scheme via a route, you should know why you are eligible. If you just keep applying to the scheme, hoping to be approved on one, without a real understanding of why you should be approved, you may wake up one day and find that the Home Office has changed its mind. Moreover, you won't even know how to challenge their decision. The best option is to choose a path that you feel strongly you are eligible for, and fight for it.

It is not a good idea to follow people blindly - unless they are willing to pay the price to represent you if something goes wrong. You should always try and have at least a basic understanding of what is happening and why.

Well said forney, truly we were following blindly ,now we have been stock inthe middle of the sea. Someone who was really giving us directives, advices because of a little misunderstanding, the person backs out. I got two assumptions;
- Either the person have seen that there is no way forward to help or the directives he or she gave was wrong, or
- the person is forecasting lots of refusal and trying to run away from the way forward and not ready to defend his or her advice concerning the EEA drf1 card and don't want to be face with such embarrassment and now decided to quit despite all the plea and a mistake from one member. That is really inhuman seeing your neighbour's dieing and u prefer to sit quiet inthe name of angry.

Though one was not obliged to advice,was just a freewill as no one is paying, but you don't just leave people in jeopardy like that. Instead, God will never forgive anyone who does that type of acts.

Please no one should misunderstand me just being frustrated.


Also is funny mubashi1981 who was here and all of us tried to see into his application for help, is not even there to help people based on his or her experience. Minds of people
Thanks

If people apply for EEA AND STILL go to court to challenge the refusal for settlement under Zambrano, I think that is ok.

Imagine if you do get EEA. Then, in three years, you get a letter from the Home Office saying you should not have been granted EEA. They will tell you to move to LTR (as they are saying now) or you could risk deportation. You then either have to switch to LTR, leave the country or go to court.

The problem is, if the Home Office give you EEA then take it away later, and you go to court to challenge their decision, the judge will say, why did you apply for EEA when the Home Office told you that you were not eligible? When the judge reads your application history, it looks like you applied for things out of luck. Applying for multiple statuses, hoping to "get lucky" is not going to look good to the judge.

I think that once Zambrano carers file their claims in Court, they may be able to write to the court and ask them if their cases can be combined with other people in a similar situation. Zambrano carers can also call around to law firms and ask them if they can be combined with other clients. It may work. It really is a shame that there is no way for people who received the same refusal letter to come together.