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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
@Lulubaby,you couldn't have said more. Snooky's coming has really giving me hope.LULUBABY wrote: ↑Sat Sep 12, 2020 9:57 pmNgoo, don’t be confused. Since the lawyer wants to concentrate on the AR, try and establish from him what his plan B is. After AR, if there is a refusal, will he do PAP, then JR?. Just make sure both of you are on the same page. So you can be rest assured.Ngoo wrote: ↑Wed Sep 09, 2020 4:44 pmforney wrote: ↑Wed Sep 09, 2020 3:33 pmPer your refusal letter dated 8 September 2020:Ngoo wrote: ↑Wed Sep 09, 2020 2:51 pm@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.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.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.
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
Don’t abandon your appeal, since the lawyer is only interested in the AR, then you concentrate on the appeal. Division of labour. Let the lawyer do his bit while you do yours ok?.
Remain focused and on track. (Mind the gap). Anytime you have doubts, go back and read all those Snooky’s posts. Read that Mubashir1981’s letter again, then read Snooky’s explanation of that letter.
Snooky is here again anyway, that was just the reassurance I needed because these past few weeks have been like: ‘right,left,centre,front,back,forward and backwards, all over the place’.
It’s still early days but hope you are feeling better.
Hishay007 wrote: ↑Sun Sep 13, 2020 7:14 pmHello everyone, My employer emailed me stating the expiry of my coa. I spoke to EU and they said they can’t issue another one and also there is no expiry on the coa. I wouldn’t be able to work after the ‘expiry date’ so my question is what can i do to keep working till I get my decision. Submitted my application in late feb and got my coa in April.
EU settlementsnooky wrote: ↑Sun Sep 13, 2020 7:29 pmHishay007 wrote: ↑Sun Sep 13, 2020 7:14 pmHello everyone, My employer emailed me stating the expiry of my coa. I spoke to EU and they said they can’t issue another one and also there is no expiry on the coa. I wouldn’t be able to work after the ‘expiry date’ so my question is what can i do to keep working till I get my decision. Submitted my application in late feb and got my coa in April.
What type of COA do you have.
EEA coa or EU Settlement Scheme coa
Sebel wrote: ↑Sun Sep 13, 2020 3:47 pm@Lulubaby,you couldn't have said more. Snooky's coming has really giving me hope.LULUBABY wrote: ↑Sat Sep 12, 2020 9:57 pmNgoo, don’t be confused. Since the lawyer wants to concentrate on the AR, try and establish from him what his plan B is. After AR, if there is a refusal, will he do PAP, then JR?. Just make sure both of you are on the same page. So you can be rest assured.Ngoo wrote: ↑Wed Sep 09, 2020 4:44 pmforney wrote: ↑Wed Sep 09, 2020 3:33 pm
Per your refusal letter dated 8 September 2020:
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
Don’t abandon your appeal, since the lawyer is only interested in the AR, then you concentrate on the appeal. Division of labour. Let the lawyer do his bit while you do yours ok?.
Remain focused and on track. (Mind the gap). Anytime you have doubts, go back and read all those Snooky’s posts. Read that Mubashir1981’s letter again, then read Snooky’s explanation of that letter.
Snooky is here again anyway, that was just the reassurance I needed because these past few weeks have been like: ‘right,left,centre,front,back,forward and backwards, all over the place’.
It’s still early days but hope you are feeling better.
That's Good. Good luck Nagoo.Ngoo wrote: ↑Sun Sep 13, 2020 8:03 am@Lulubaby, thanks for your support. Indeed I actually need to Mind the gap I decided to reapply cos I believe is the best option for me. I rang the EU settlement team on Friday evening to request for a new application, luckily the lady I spoke to had no idea what to do. She was reading the requirements off the computer she then said to me u need to call UK VISAS and Immigration. I then told her no I don’t need to call them because I qualify to make an EU settlement application and moreover this will be my second application as the first application was refused, and on the refusal letter, the HO stated that I should either apply for an AR or Reapply so I have decided to reapply. She then said ok you should get the application form in 10 working days.LULUBABY wrote: ↑Sat Sep 12, 2020 9:57 pmNgoo, don’t be confused. Since the lawyer wants to concentrate on the AR, try and establish from him what his plan B is. After AR, if there is a refusal, will he do PAP, then JR?. Just make sure both of you are on the same page. So you can be rest assured.Ngoo wrote: ↑Wed Sep 09, 2020 4:44 pmforney wrote: ↑Wed Sep 09, 2020 3:33 pm
Per your refusal letter dated 8 September 2020:
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
Don’t abandon your appeal, since the lawyer is only interested in the AR, then you concentrate on the appeal. Division of labour. Let the lawyer do his bit while you do yours ok?.
Remain focused and on track. (Mind the gap). Anytime you have doubts, go back and read all those Snooky’s posts. Read that Mubashir1981’s letter again, then read Snooky’s explanation of that letter.
Snooky is here again anyway, that was just the reassurance I needed because these past few weeks have been like: ‘right,left,centre,front,back,forward and backwards, all over the place’.
It’s still early days but hope you are feeling better.
@Snooky, @Mubashir1981snooky wrote: ↑Sat Sep 12, 2020 11:25 pmHiojoke2020 wrote: ↑Thu Sep 10, 2020 9:11 pmHi everyone,
Hope you're all good. I'm a new participant on this platform but I've been following the trends for a long while now. Please I need your kind help about my derivative application that has just been refused and received today. I made an application on EU Settlement Scheme last year September which is still ongoing but put in a derivative application based on @Snooky's advice that it helps in getting positive decision July 2020. I received the derivative decision refused today but my EU Scheme has not been decided on (It's exactly a year I applied for that this September).
Please I need help on the right and quick steps to follow for my appeal. I have just 11 days to go as the letter read from the date the decision was sent (7th Sept., 2020).
@Ngoo, @Snooky, @IST, @Mubashir1981, @lulubaby just to mention few.
PLEASE HELP ME OUT!
Thank you in advance.
If you follow my post, I have made mentioned that all people should do Drf1 application and expect refusal.
This is because HO since 2 May 2019 have now left EEA Zambrano for the courts to decide. They shut the route with that erroneous guidance.
But within that up to December Patel ruling, almost all Zambrano and derivative cases to the courts were allowed by the judges because they were looking at the Regulations not the HO guidance policy.
Now that Patel 2019 has open up the avenue again, you see that HO uses clever tactics to deny people EU Settlement Scheme Zambrano application forms. This amount to bullying and unprofessional.
The derivative route both in EEA and EU Settlement Scheme has been made very difficult just to put people off.
HO can not choose even for you the route to follow leave under appendix fm then EU route. This flimsy suggestion shows totally disregard to the implementation of EU law.
As now, we have 2 ways of immigration and it's your choice to choose whichever will suit you. Technically for HO staff to advise you for an alternative is total contradictory to Immigration Act, OISC code of practice and Solicitors code of practice.
HO staff are not lawyers and can not advise anyone to apply according to the parliamentary act and the code of practice of immigration in this country. It shows contempt and facial bias of the system.
I don't need to quote laws again because it becomes repetitive. Everything you need and how to go about your appeal is on this platform.
Your case is just one of the soft to go through the court. HO take chances and hoping to get away.
Just appeal and dont forget to get new school and GP letters, and family pictures to be part of it.
Good luck
@spirit007 could you please verify this for me, as the email adress bounced back.Spirit007 wrote: ↑Fri Sep 11, 2020 5:40 pmYou need to provide your biometrics first before a COA is issued. First thing, chase biometrics department on eubiometrics@homeoffice.gov.ukSebel wrote: ↑Fri Sep 11, 2020 4:48 pmIST wrote: ↑Thu Aug 20, 2020 4:11 pmHi everyone
My DRF1 has been refused letter received today
Applied on March 2020
COA July 2020
Refusal date 13 August 2020.
Snooky Mubashir and Ngoo
Could you please help me out with court procedures and any bundles be very helpful.
I only got a week left to lodge a appeal.
@IST please which number can I use to call as i haven't received any COA letter from Drf1. Sent my application since 6weeks ago and money already taken from my account.
Thanks
Apologies, my bad. It is eurobiometrics@homeoffice.gov.ukSebel wrote: ↑Mon Sep 14, 2020 10:52 am@spirit007 could you please verify this for me, as the email adress bounced back.Spirit007 wrote: ↑Fri Sep 11, 2020 5:40 pmYou need to provide your biometrics first before a COA is issued. First thing, chase biometrics department on eubiometrics@homeoffice.gov.ukSebel wrote: ↑Fri Sep 11, 2020 4:48 pmIST wrote: ↑Thu Aug 20, 2020 4:11 pmHi everyone
My DRF1 has been refused letter received today
Applied on March 2020
COA July 2020
Refusal date 13 August 2020.
Snooky Mubashir and Ngoo
Could you please help me out with court procedures and any bundles be very helpful.
I only got a week left to lodge a appeal.
@IST please which number can I use to call as i haven't received any COA letter from Drf1. Sent my application since 6weeks ago and money already taken from my account.
Thanks
@ojoke2020 - I suggest you read the forum rules, as you were required to do when registering to join the forum. You are NOT permitted to post ANY form of contact information or social media links etc on the forum!!!ojoke2020 wrote: ↑Mon Sep 14, 2020 10:22 am@Snooky, @Mubashir1981
Pls., am right on the form page filling for appeal but got stock here:
B. If you are sending any other documents with this form to support your appeal, they must be in English or a certified translation. Please list them here:
C. If you are intending to send other documents that are not yet available to you. Please list them here:
Could you help me out in listing the relevant docs here ( I know these: school letters, GP letters, dentist letters, family pictures, my appeal argument, passport(travel)). What are others necessary to add?
email address removed by moderator
@CR001CR001 wrote: ↑Mon Sep 14, 2020 1:30 pm@ojoke2020 - I suggest you read the forum rules, as you were required to do when registering to join the forum. You are NOT permitted to post ANY form of contact information or social media links etc on the forum!!!ojoke2020 wrote: ↑Mon Sep 14, 2020 10:22 am@Snooky, @Mubashir1981
Pls., am right on the form page filling for appeal but got stock here:
B. If you are sending any other documents with this form to support your appeal, they must be in English or a certified translation. Please list them here:
C. If you are intending to send other documents that are not yet available to you. Please list them here:
Could you help me out in listing the relevant docs here ( I know these: school letters, GP letters, dentist letters, family pictures, my appeal argument, passport(travel)). What are others necessary to add?
email address removed by moderator
Thanks Mubashir!mubashir1981 wrote: ↑Mon Sep 14, 2020 8:43 amThat's Good. Good luck Nagoo.Ngoo wrote: ↑Sun Sep 13, 2020 8:03 am@Lulubaby, thanks for your support. Indeed I actually need to Mind the gap I decided to reapply cos I believe is the best option for me. I rang the EU settlement team on Friday evening to request for a new application, luckily the lady I spoke to had no idea what to do. She was reading the requirements off the computer she then said to me u need to call UK VISAS and Immigration. I then told her no I don’t need to call them because I qualify to make an EU settlement application and moreover this will be my second application as the first application was refused, and on the refusal letter, the HO stated that I should either apply for an AR or Reapply so I have decided to reapply. She then said ok you should get the application form in 10 working days.LULUBABY wrote: ↑Sat Sep 12, 2020 9:57 pmNgoo, don’t be confused. Since the lawyer wants to concentrate on the AR, try and establish from him what his plan B is. After AR, if there is a refusal, will he do PAP, then JR?. Just make sure both of you are on the same page. So you can be rest assured.
Don’t abandon your appeal, since the lawyer is only interested in the AR, then you concentrate on the appeal. Division of labour. Let the lawyer do his bit while you do yours ok?.
Remain focused and on track. (Mind the gap). Anytime you have doubts, go back and read all those Snooky’s posts. Read that Mubashir1981’s letter again, then read Snooky’s explanation of that letter.
Snooky is here again anyway, that was just the reassurance I needed because these past few weeks have been like: ‘right,left,centre,front,back,forward and backwards, all over the place’.
It’s still early days but hope you are feeling better.
Afternoon everyone, can anyone help me on this issue pls?shay007 wrote: ↑Sun Sep 13, 2020 11:25 pmEU settlementsnooky wrote: ↑Sun Sep 13, 2020 7:29 pmHishay007 wrote: ↑Sun Sep 13, 2020 7:14 pmHello everyone, My employer emailed me stating the expiry of my coa. I spoke to EU and they said they can’t issue another one and also there is no expiry on the coa. I wouldn’t be able to work after the ‘expiry date’ so my question is what can i do to keep working till I get my decision. Submitted my application in late feb and got my coa in April.
What type of COA do you have.
EEA coa or EU Settlement Scheme coa
Congratulationssssssss, enjoy your life and stay stress free. BlessIST wrote: ↑Mon Sep 14, 2020 5:08 pm@All
I have been granted settled status today.
EU Settlement Scheme application 28 October 2019
COA received 1. December 2019
EU Settlement Scheme application refused May 2020
Lodged AR May 2020
AR successful July 2020
Today granted settled status.
I would like to thank everyone in this forum for supporting through this difficult time specially Snooky for been there for us .
God bless everyone
Hallelujah , Hallelujah
Thank you and hope you’ll win the battle tooshay007 wrote: ↑Mon Sep 14, 2020 5:12 pmCongratulationssssssss, enjoy your life and stay stress free. BlessIST wrote: ↑Mon Sep 14, 2020 5:08 pm@All
I have been granted settled status today.
EU Settlement Scheme application 28 October 2019
COA received 1. December 2019
EU Settlement Scheme application refused May 2020
Lodged AR May 2020
AR successful July 2020
Today granted settled status.
I would like to thank everyone in this forum for supporting through this difficult time specially Snooky for been there for us .
God bless everyone
Hallelujah , Hallelujah
Thank you very much, yes I had LTR under Immigration rules, never had DRC under Zambrano