Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[forney]

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

New figures show that 770 of the 1,260 Zambrano carers applying for leave to remain under the scheme have been rejected (61%). [27th August 2020]

Many if not most of the 770 Zambrano carers were refused because they already have leave to remain or the Home Office want them to apply for leave to remain. The position of the Home Office is wrong. The correct way to challenge it is to go to the High Court (not the First Tier Tribunal or even the Upper Tribunal). Hoping to get in under EEA is a short term solution that will probably end in tears. Imagine if just 100 of the 770 Zambrano carers all filed together in court? The UK made a promise to everyone who was in the UK before Brexit. They said they would be able to stay. Telling people to apply for LTR is not fulfilling the promise.

[LULUBABY]

“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 above statement you made was exactly what Snooky advised us to do. He said we should focus on our Zambrano Derivative card application and go to court for it. He told us to argue with reasons of our qualification for it in court.

We know all these things but our thoughts are, should we go to courts ourselves and save the money, should we use a lawyer though expensive but could be the best expense we have made, if we do it ourselves how do we collate all those points in our favour and draft the letter properly, if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Unfortunately these are personal decisions we have to make and there is no time.

[forney]

“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 above statement you made was exactly what Snooky advised us to do. He said we should focus on our Zambrano Derivative card application and go to court for it. He told us to argue with reasons of our qualification for it in court.

We know all these things but our thoughts are, should we go to courts ourselves and save the money, should we use a lawyer though expensive but could be the best expense we have made, if we do it ourselves how do we collate all those points in our favour and draft the letter properly, if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Unfortunately these are personal decisions we have to make and there is no time.

Wow! What an awful lawyer!!!

The type of refusal you received is not personal to you. Years ago, the refusal letters could be challenged based on the personal situation of each applicant, so it made sense to go to the First Tier Tribunal. The judge could look at your personal circumstances and make a decision. This new refusal letter is about any Zambrano carer who has LTR or who has yet to apply for LTR. This requirement belongs in the High Court. Respectfully, you can not argue this LTR question successfully by yourself or even with some guidance from this thread. This thread is for understanding the basics of what you are fighting for. A barrister will have to fight this fight on behalf of Zambrano carers - in the High Court. The sooner everyone understands this, the sooner everyone can focus.

[JB007]

if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Use a major well known lawyer who has a good history of winning and who has their own reputation to think of too: these will be more likely to tell you if you have a chance of winning before you pay out thousands. Perhaps avoid those who arrive on internet forums?

[forney]

“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 above statement you made was exactly what Snooky advised us to do. He said we should focus on our Zambrano Derivative card application and go to court for it. He told us to argue with reasons of our qualification for it in court.

We know all these things but our thoughts are, should we go to courts ourselves and save the money, should we use a lawyer though expensive but could be the best expense we have made, if we do it ourselves how do we collate all those points in our favour and draft the letter properly, if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Unfortunately these are personal decisions we have to make and there is no time.

Wow! What an awful lawyer!!!

The type of refusal you received is not personal to you. Years ago, the refusal letters could be challenged based on the personal situation of each applicant, so it made sense to go to the First Tier Tribunal. The judge could look at your personal circumstances and make a decision. This new refusal letter is about any Zambrano carer who has LTR or who has yet to apply for LTR. This requirement belongs in the High Court. Respectfully, you can not argue this LTR question successfully by yourself or even with some guidance from this thread. This thread is for understanding the basics of what you are fighting for. A barrister will have to fight this fight on behalf of Zambrano carers - in the High Court. The sooner everyone understands this, the sooner everyone can focus.

Just look at the Patel & Shah ruling that Zambrano carers talk about a lot. The hearing took place in the Supreme Court with barristers, solicitors and NGOs. This challenge is not for people who represent themselves. The key question becomes, "How can people work together?" There are at least 770 Zambrano carers out there.

[forney]

if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Use a major well known lawyer who has a good history of winning and who has their own reputation to think of too: these will be more likely to tell you if you have a chance of winning before you pay out thousands. Perhaps avoid those who arrive on internet forums?

I would start with finding a barrister. The barrister can then recommend a solicitor. There is a number one ranked barristers' chambers committed to fighting injustice, defending human rights and upholding the rule of law.

[forney]

if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Use a major well known lawyer who has a good history of winning and who has their own reputation to think of too: these will be more likely to tell you if you have a chance of winning before you pay out thousands. Perhaps avoid those who arrive on internet forums?

I would start with finding a barrister. The barrister can then recommend a solicitor. There is a number one ranked barristers' chambers committed to fighting injustice, defending human rights and upholding the rule of law.

Moderator edit : Only official weblinks should be posted. The link you posted is a private research organisation.

https://solicitors.lawsociety.org.uk/

https://www.gov.uk/find-an-immigration-adviser

[forney]

The ILPA office does NOT give immigration advice. Search our directory of members to find an immigration advisor near you.

https://ilpa.org.uk/members-directory/

The Immigration Law Practitioners’ Association (ILPA) is a professional association and registered charity, the majority of whose members are barristers, solicitors, advocates and OISC regulated advisers practising in all aspects of immigration, asylum and nationality law. Academics, non-governmental organisations and individuals with a substantial interest in the law are also members.

[forney]

if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Use a major well known lawyer who has a good history of winning and who has their own reputation to think of too: these will be more likely to tell you if you have a chance of winning before you pay out thousands. Perhaps avoid those who arrive on internet forums?

So....just to be clear.....I am not a lawyer in any capacity. If your comment was about me, you are barking up the wrong tree.

[Ngoo]

“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 above statement you made was exactly what Snooky advised us to do. He said we should focus on our Zambrano Derivative card application and go to court for it. He told us to argue with reasons of our qualification for it in court.

We know all these things but our thoughts are, should we go to courts ourselves and save the money, should we use a lawyer though expensive but could be the best expense we have made, if we do it ourselves how do we collate all those points in our favour and draft the letter properly, if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Unfortunately these are personal decisions we have to make and there is no time.

@lulababy,

I spoke to a solicitor. He has gone through the refusal letter and he said I should go for the AR , though is a 50/ 50 chance and it takes maximum 5weeks for HO to respond. He promise to try his best on my behalf. His main question was to actually know if am the parent of the British Citizen.I think I might go for it..... I don’t want to do it myself since with the lawyers it takes maximum of 5weeks.
If I had do it myself it will take longer you know how the HO operates. I also told him that I have a pending appeal. But he is more concerned about getting the AR in.

[forney]

I spoke to a solicitor. He has gone through the refusal letter and he said I should go for the AR , though is a 50/ 50 chance and it takes maximum 5weeks for HO to respond. He promise to try his best on my behalf. His main question was to actually know if am the parent of the British Citizen.I think I might go for it..... I don’t want to do it myself since with the lawyers it takes maximum of 5weeks.
If I had do it myself it will take longer you know how the HO operates. I also told him that I have a pending appeal. But he is more concerned about getting the AR in.

What the solicitor told you is false.

[forney]

The administrative review system under the EUSS allows applicants to submit further evidence, which will then be considered alongside their original application. You either have LTR or you don't. You either applied for LTR or you didn't. Further evidence is not going to change the core argument.

Administrative reviews are carried out by a separate team that is independent from the team that made the original decision. The reviewer can overturn the original decision for one of three reasons:

• the original decision-maker failed to apply, or incorrectly applied, Appendix EU

• the original decision-maker failed to apply, or incorrectly applied, the published guidance in relation to the application

• information or evidence that was not before the original decision-maker has been provided which shows that the applicant qualifies for a grant, or a different grant, of leave under Appendix EU

The published guidance is clear. Applicants with LTR must be refused. The Home Office have also said repeatedly that Zambrano carers should apply for LTR. No administrative reviewer is going to go against the Home Office position, even if they wanted to. Due to covid (or so they say), there are delays. You may not get a decision within 28 days or 5 weeks. If you applied before 31 January 2020, you have 3 months from the date of your refusal to file for judicial review - regardless of how long it takes for the Home Office to decide your administrative review. There isn't much time left.

[Ngoo]

The administrative review system under the EU Settlement Scheme allows applicants to submit further evidence, which will then be considered alongside their original application. You either have LTR or you don't. You either applied for LTR or you didn't. Further evidence is not going to change the core argument.

Administrative reviews are carried out by a separate team that is independent from the team that made the original decision. The reviewer can overturn the original decision for one of three reasons:

• the original decision-maker failed to apply, or incorrectly applied, Appendix EU

• the original decision-maker failed to apply, or incorrectly applied, the published guidance in relation to the application

• information or evidence that was not before the original decision-maker has been provided which shows that the applicant qualifies for a grant, or a different grant, of leave under Appendix EU

The published guidance is clear. Applicants with LTR must be refused. The Home Office have also said repeatedly that Zambrano carers should apply for LTR. No administrative reviewer is going to go against the Home Office position, even if they wanted to. Due to covid (or so they say), there are delays. You may not get a decision within 28 days or 5 weeks. If you applied before 31 January 2020, you have 3 months from the date of your refusal to file for judicial review - regardless of how long it takes for the Home Office to decide your administrative review. There isn't much time left.

@Forney,

My LTR expired on January 14th 2020. My initial application was submitted online last November but a day before my LTR expired which was on the 13th of January, the HO sent a paper application which I received, completed and send back around 21st of January. My LTR expired in their custody.

[forney]

@Forney,

My LTR expired on January 14th 2020. My initial application was submitted online last November but a day before my LTR expired which was on the 13th of January, the HO sent a paper application which I received, completed and send back around 21st of January. My LTR expired in their custody.

Per your refusal letter dated 8 September 2020:

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.

There are two categories of refusal - those who currently have LTR and those who do not have LTR, but are refused EUSS and told to apply for LTR. You fall into the second category. Within the second category, some people who allowed their LTR to expire were granted settlement under EUSS. Other people who allowed their LTR to expire were refused settlement and told to re-apply for LTR. At this point, even if the AR is successful, I am not sure I would trust the Home Office. They do not seem to apply their rules in a consistent manner. The Home Office needs to explain why some people who allow their LTR to expire are granted settlement while others are refused settlement and told to apply for LTR.

Finally, a second wave of coronavirus is likely in the fall. The Courts may close again or slow down drastically. If you are going to go the legal route, you may want to do that now. If you wait for the AR, you may not get a decision before October, when a second wave may be in full force. If the AR decision is negative, what are you going to do? Are you confident you can get a hearing before 31 December 2020? Are you confident that you will have the same rights after 31 December 2020, to fight your case?

[Ngoo]

@Forney,

My LTR expired on January 14th 2020. My initial application was submitted online last November but a day before my LTR expired which was on the 13th of January, the HO sent a paper application which I received, completed and send back around 21st of January. My LTR expired in their custody.

Per your refusal letter dated 8 September 2020:

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.

There are two categories of refusal - those who currently have LTR and those who do not have LTR, but are refused EU Settlement Scheme and told to apply for LTR. You fall into the second category. Within the second category, some people who allowed their LTR to expire were granted settlement under EU Settlement Scheme. Other people who allowed their LTR to expire were refused settlement and told to re-apply for LTR. At this point, even if the AR is successful, I am not sure I would trust the Home Office. They do not seem to apply their rules in a consistent manner. The Home Office needs to explain why some people who allow their LTR to expire are granted settlement while others are refused settlement and told to apply for LTR.

Finally, a second wave of coronavirus is likely in the fall. The Courts may close again or slow down drastically. If you are going to go the legal route, you may want to do that now. If you wait for the AR, you may not get a decision before October, when a second wave may be in full force. If the AR decision is negative, what are you going to do? Are you confident you can get a hearing before 31 December 2020? Are you confident that you will have the same rights after 31 December 2020, to fight your case?

Hmmm,

What do you suggest I should do. I applied before 31st of January that is why I am going for AR. Honestly I’m confuse

[Caseyd]

Hi Everyone
I have been following you guys for a while, Thank you guys for doing a good job supporting each other, giving advice , cheering and consoling each other.

Well I applied to the Eusettlement scheme on 6 Jan 2020 under Zobrano DRC, I had a DRC that expired on the 20 Jan 2020, I had finished 5 yrs under that route, I also hold a Leave to Remain under 10 yr route which expires on the 20th of ths month.

They refused my case on the 3 of June 2020, on the basis that I hold a LTR which, I have renewed 2 times. Eusettlement Sc sent the refusal via email, and it went to junk mail, only to discover around end of August that they have made a decision after calling and checking the Resolution centre,

Anyway I felt it was pointless to do an AR, I called them and requested an application, And I have applied and sent it back yesterday. But I will renew the LTR as I don't want to end up stateless.

[LULUBABY]

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.

@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.

I called them shortly after my refusal and was still hurting. The agent after putting me on hold and speaking to his manager told me the form was only for people with derivative card. He said I already had a ltr and asked me if I have a derivative card.
I unleashed my tongue ‘politely’. I thanked him but reminded him he had no right to question my Zambrano status. I reminded him I was not at Heathrow airport, wasn’t travelling and didn’t call to ask him for employment. I told him that he is neither a border force officer nor my potential employer. I gave him my email address and asked him to officially request from me if I have a Zambrano derivative card.
I told him that “this call is recorded not only for quality and training purposes but also for making official complaints and reporting purposes”.
I went ‘Official mode’, told him my name in full and asked him to please tell me his name. He did and I politely asked him to please spell it for me. As he was spelling I was repeating after him. Afterwards I asked him to “please remind me the name of the person who instructed him not to give me an application form.
He then asked me if I wanted him to set me up for an online application or a paper application. I replied paper application. That was it. He confirmed my address. I received it.

[forney]

Hmmm,

What do you suggest I should do. I applied before 31st of January that is why I am going for AR. Honestly I’m confuse

I suggest you do the AR, but don't wait to file your court claim. Does that make sense?

[forney]

Hi Everyone
I have been following you guys for a while, Thank you guys for doing a good job supporting each other, giving advice , cheering and consoling each other.

Well I applied to the Eusettlement scheme on 6 Jan 2020 under Zobrano DRC, I had a DRC that expired on the 20 Jan 2020, I had finished 5 yrs under that route, I also hold a Leave to Remain under 10 yr route which expires on the 20th of ths month.

They refused my case on the 3 of June 2020, on the basis that I hold a LTR which, I have renewed 2 times. Eusettlement Sc sent the refusal via email, and it went to junk mail, only to discover around end of August that they have made a decision after calling and checking the Resolution centre,

Anyway I felt it was pointless to do an AR, I called them and requested an application, And I have applied and sent it back yesterday. But I will renew the LTR as I don't want to end up stateless.

Good that you did the AR. Good that you renewed the LTR. None of that stops you from challenging the refusal in court. I don't know how, but it would be good if you joined the others in a legal claim challenging the Home Office's rules.

[LULUBABY]

Hi Everyone
I have been following you guys for a while, Thank you guys for doing a good job supporting each other, giving advice , cheering and consoling each other.

Well I applied to the Eusettlement scheme on 6 Jan 2020 under Zobrano DRC, I had a DRC that expired on the 20 Jan 2020, I had finished 5 yrs under that route, I also hold a Leave to Remain under 10 yr route which expires on the 20th of ths month.

They refused my case on the 3 of June 2020, on the basis that I hold a LTR which, I have renewed 2 times. Eusettlement Sc sent the refusal via email, and it went to junk mail, only to discover around end of August that they have made a decision after calling and checking the Resolution centre,

Anyway I felt it was pointless to do an AR, I called them and requested an application, And I have applied and sent it back yesterday. But I will renew the LTR as I don't want to end up stateless.

Good that you did the AR. Good that you renewed the LTR. None of that stops you from challenging the refusal in court. I don't know how, but it would be good if you joined the others in a legal claim challenging the Home Office's rules.

He hasn’t done the AR yet and hasn’t renewed his LTR.

[forney]

I called them shortly after my refusal and was still hurting. The agent after putting me on hold and speaking to his manager told me the form was only for people with derivative card. He said I already had a ltr and asked me if I have a derivative card.
I unleashed my tongue ‘politely’. I thanked him but reminded him he had no right to question my Zambrano status. I reminded him I was not at Heathrow airport, wasn’t travelling and didn’t call to ask him for employment. I told him that he is neither a border force officer nor my potential employer. I gave him my email address and asked him to officially request from me if I have a Zambrano derivative card.
I told him that “this call is recorded not only for quality and training purposes but also for making official complaints and reporting purposes”.
I went ‘Official mode’, told him my name in full and asked him to please tell me his name. He did and I politely asked him to please spell it for me. As he was spelling I was repeating after him. Afterwards I asked him to “please remind me the name of the person who instructed him not to give me an application form.
He then asked me if I wanted him to set me up for an online application or a paper application. I replied paper application. That was it. He confirmed my address. I received it.

The Home Office is trying to stop Zambrano carers who were refused settlement under the Zambrano route of Appendix EU from applying under the EEA/DRF1 route.

It could be that they are trying to stop Zambrano carers from achieving settlement under EUSS.

Have you considered, however, that they are just trying to warn you and help you avoid being stripped of your settlement rights in the future?

[forney]

Anyway I felt it was pointless to do an AR, I called them and requested an application, And I have applied and sent it back yesterday. But I will renew the LTR as I don't want to end up stateless.

He hasn’t done the AR yet and hasn’t renewed his LTR.

"And I have applied and sent it back yesterday"- I thought that meant the AR was filed? Either way, it would be good to file the AR and the LTR extension. The key is not to rely on them but to seek clarification via the Courts.

[Caseyd]

No, sorry I meant to say I sent a fresh application und Eusettlement agn, coz the other I didn't have right if appeal, I will be renewing my LTR on the 20 of the month

I am a lady

[forney]

No, sorry I meant to say I sent a fresh application und Eusettlement agn, coz the other I didn't have right if appeal, I will be renewing my LTR on the 20 of the month

I am a lady

Sorry, but I am confused when you say you did not have the right of appeal? Do you mean your application was filed before 31 January 2020, and therefore your option to challenge the refusal was to file a judicial review in the Upper Tribunal? Why do you think a fresh application will be any different?

[Caseyd]

I'm female Lulubaby, correct Forney I applied b4 the 31 st, Forney you know how H.O is they refuse some cases all the time for whatever reason, whether you are on the correct route, meet the requirements, and a lot of people win in court.

My expired DRC I won it in court, by then I didn't even have LTR, so I have nothing to lose its free of charge to apply under the Eusettlement and the fact that I did hold a valid DRC by then if I lose in court as well it will give me a peace of mind, ths scheme is too good to just look and not try it it's free.