LULUBABY wrote: ↑Wed Sep 09, 2020 12:59 am
Ngoo wrote: ↑Tue Sep 08, 2020 2:28 pm
My EU application has been refused today. I don’t know where to do next...
Dear xxxxx
JJK
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.