Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[LULUBABY]

Hi

The required time frame for response is 14 days but as as usual there's always a by-law which can extend that for the HO. They can respond to you more than 14 days. Delays with god reason is acceptable. HO always have an excuse.

Proposed reply date

The precise time will depend upon the circumstances of the individual case. However, although a shorter or longer time may be appropriate in a particular case, 14 days is a reasonable time to allow in most circumstances

Thanks Snooky. Please the letter has a provision for TYPE OF CLAIM, is Permanent migration or EEA ?.

Or OTHER?.

Hi

If you're doing PAP on Drf1 Zambrano then is EEA

If Settled Status then then Other

Ok. Thank you so much.

[Prettymum]

Hi Snooky,

Please what is the work of a Post decision casework unit... because I have applied for flr fp.. I sent in my original documents but the post decision casework unit returned all my documents and booked me in for biometrics enrolment.

[snooky]

Hi Snooky,

Please what is the work of a Post decision casework unit... because I have applied for flr fp.. I sent in my original documents but the post decision casework unit returned all my documents and booked me in for biometrics enrolment.

Post decision casework unit is where your case go after you have won you appeal to issue you your leave.

You have been GRANTED LEAVE

Congratulations

[Prettymum]

Thank you Snooky. I claim it . I will update you .

[Modesire]

Hi Everyone, I applied for DRF1 since June this year but apart from biometric I haven't heard back from them, please how do I ask for my documents back. I need the document urgently. Thanks

Hi Snooky, can you please help.

[snooky]

Hi Everyone, I applied for DRF1 since June this year but apart from biometric I haven't heard back from them, please how do I ask for my documents back. I need the document urgently. Thanks

Hi Snooky, can you please help.

With DRF1 applications, you only get your passport and documents back only when the case is decided or done. You can request back the documents but that means technically redrawing your application, though it shouldn't have been.

Normally the Drf1 applications are done within 6 months and HO is good about that. Your application still got some 3 months to go but decision can come any time or moment.

But if you want to then go to

https://www.gov.uk/visa-documents-returned

Add below

Name, DoB, Address, HO Ref, and why you want it to be returned

[Catalley09]

Hello

I have just received a refusal as the letter said the children can remain with their father and also to apply for appendix fm like before ( l am a single mum to 3 boys ) and my visa is expiring next week Wednesday, can l appeal? I am so disheartened and disappointed ?

[Greatgreat]

Hello

I have just received a refusal as the letter said the children can remain with their father and also to apply for appendix fm like before ( l am a single mum to 3 boys ) and my visa is expiring next week Wednesday, can l appeal? I am so disheartened and disappointed ?

@Catalley09
So sorry about the refusal. Were you given right of appeal? If so, you can appeal. You can look through the thread for guidance about appealing and preparing your bundle. I'm sure someone will come along to explain more. I know it's a tough decision to make as to whether to continue with the appeal or just apply for appendix fm. God help you to make the right decision!
If I may ask, how long did it take for your application to be decided?

[Catalley09]

This was for DRF1 form and l can not afford the £3000 for FM as l am so broke and fee waiver has been refused and now l don’t know what to do, will legal aid work for someone like me? Euss was also refused in May on basis of still having valid visa and my visa expires next week

It took 8 weeks for them to decide and include biometrics

[Greatgreat]

This was for DRF1 form and l can not afford the £3000 for FM as l am so broke and fee waiver has been refused and now l don’t know what to do, will legal aid work for someone like me? Euss was also refused in May on basis of still having valid visa and my visa expires next week

It took 8 weeks for them to decide and include biometrics

I totally get you about the ridiculous fees honestly. I don't really know much but if you look back in the thread you will see others experiences and how they dealt with it. Also, I'm sure others with more experience will come along soon. Did you get appeal right back in may?
So sorry. Just keep strong. You can fight this.

[IST]

Hello

I have just received a refusal as the letter said the children can remain with their father and also to apply for appendix fm like before ( l am a single mum to 3 boys ) and my visa is expiring next week Wednesday, can l appeal? I am so disheartened and disappointed ?

Hi Catalley09

Sorry to hear about your refusal.

Please lodge an appeal against the decision as you have only have 14 days window.
Follow from the page 34 and is all the instructions needed.

[bwunmi]

We were together for 3 years.
Yes he can
He works as a self employed
Thank you

Then he can show or proof with his account to show that his child is self sufficient so by so doing you as a direct relative primary carer in ascending other under regulation 16(8)(b)(ii).

Chavez-Vilchez C-133/15, on 10 May 2017, you do not need to consider whether the other person is an ‘exempt person’ as defined in regulation 16(7)(c) of the 2016 regulations.

So though your ex might be exempt person that wouldn't affect anything.

Thank you so much Snooky.
I really appreciate your help.

Hello @Snooky. Hope you are keeping safe and well.
Thank you so much for your help on this platform.
I received an email from the Eu Settlement scheme,requesting for more evidence. I applied in August 2019 based on my Eu son (15months old ) My daughter came in to the country,based on her dad's eu settlement,as a non eu family member and recently got her Eu citizenship/passport. I didn't include her in the application. They are not asking evidence based on my daughter 13 years.
1) Evidence she in education 2)Evidence I'm her primary carer 3) Evidence why her dad can't be her primary carer. I already got a letter from the school and Gp. I would really appreciate it if you could please help me with 3rd evidence. What to include in the letter. I'm separated from their dad. I know you are good with the Eu law. Please help.

Hello @Snooky. Hope you are keeping safe and well. I really need your help please.
I just received this email and I really don't know what to do now. We are being supported by children services (section 17)




You replied confirming that your daughters father was self- employed. However, under the Ibrahim & Teixeira ruling you are required to be the primary carer of the child of a former EEA citizen worker. Unfortunately for the purposes of Ibrahim & Teixeira a worker does not include a self- employed person.



However, if you can provide the necessary evidence it may be possible to consider you for pre settled status under Chen, as the primary care of a self -sufficient EEA child.



Therefore, if possible please can you provide evidence that your EEA children have access to sufficient financial resources to support you all whilst living in the UK without having to become a burden on the UK’s social assistance system ie without having to claim any public funds for example Child Tax credit. For example recent bank statements showing sufficient funds and debit transactions for general living expenses and payment of utility bills



Please provide this information within two weeks of the date of this e-mail so that we can decide your application as quickly as possible.

If you have any queries about this e-mail you can find further information and guidance at

[ruona]

Hello everyone I just want to give update on my settlement scheme.i have been refused.here is the email I received.




Dear xxx

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 xxx .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 have applied under the EU Settlement Scheme as a person with a

Zambrano right to reside on the basis that you are the primary carer of a British

citizen.

To qualify under the EU Settlement Scheme, you need to meet the

requirements that are set out in Appendix EU to the Immigration Rules.

One of the requirements for qualifying for settled or pre-settled status as a

person with a Zambrano right to reside is that you do not already hold leave to

enter or remain in the UK, unless this was granted under the EU Settlement

Scheme.

Our records show that you currently hold leave to remain in the UK valid until 5

March 2022.This leave was granted under Family/Private Life 10yr - LTR(E),

not under the EU Settlement Scheme. This means you cannot qualify as a

person with a Zambrano right to reside.

As your existing leave to enter or remain means your application cannot

succeed, we have not considered the rest of your application.

It is considered that the information available does not show that you meet the

eligibility requirements for settled status set out in rule EU11 of Appendix EU to

the Immigration Rules or those for pre-settled status which are set out in rule

EU14 of that Appendix. Therefore, you have been refused settled status and

pre-settled status under rule EU6.

We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.

We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.

Next steps
If you have additional information or evidence that shows you meet the

requirements, you can make another application to the EU Settlement Scheme

at any time online at:

https://apply-for-eu-settled-status.homeoffice.gov.uk.

Applications are free of charge and you have until 30 June 2021, or until any

status you currently hold under the scheme ceases to be valid, to reapply.

Alternatively you can apply for an administrative review if you think the decision maker made an error or did not follow the publish guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive the decision to apply for an administrative review.

[Greatgreat]

Hello everyone I just want to give update on my settlement scheme.i have been refused.here is the email I received.




Dear xxx

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 xxx .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 have applied under the EU Settlement Scheme as a person with a

Zambrano right to reside on the basis that you are the primary carer of a British

citizen.

To qualify under the EU Settlement Scheme, you need to meet the

requirements that are set out in Appendix EU to the Immigration Rules.

One of the requirements for qualifying for settled or pre-settled status as a

person with a Zambrano right to reside is that you do not already hold leave to

enter or remain in the UK, unless this was granted under the EU Settlement

Scheme.

Our records show that you currently hold leave to remain in the UK valid until 5

March 2022.This leave was granted under Family/Private Life 10yr - LTR(E),

not under the EU Settlement Scheme. This means you cannot qualify as a

person with a Zambrano right to reside.

As your existing leave to enter or remain means your application cannot

succeed, we have not considered the rest of your application.

It is considered that the information available does not show that you meet the

eligibility requirements for settled status set out in rule EU11 of Appendix EU to

the Immigration Rules or those for pre-settled status which are set out in rule

EU14 of that Appendix. Therefore, you have been refused settled status and

pre-settled status under rule EU6.

We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.

We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.

Next steps
If you have additional information or evidence that shows you meet the

requirements, you can make another application to the EU Settlement Scheme

at any time online at:

https://apply-for-eu-settled-status.homeoffice.gov.uk.

Applications are free of charge and you have until 30 June 2021, or until any

status you currently hold under the scheme ceases to be valid, to reapply.

Alternatively you can apply for an administrative review if you think the decision maker made an error or did not follow the publish guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive the decision to apply for an administrative review.

Hi ruona, sorry to hear about the refusal. Do put in administrative review as it appears you do not have appeal. If you look through the thread you will find some guidelines and past experiences of people's successes after refusal.
When did you apply, I just want to know the timeline album awaiting my decision too. Definitely prepare to fight it okay.

[ruona]

Hello everyone I just want to give update on my settlement scheme.i have been refused.here is the email I received.




Dear xxx

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 xxx .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 have applied under the EU Settlement Scheme as a person with a

Zambrano right to reside on the basis that you are the primary carer of a British

citizen.

To qualify under the EU Settlement Scheme, you need to meet the

requirements that are set out in Appendix EU to the Immigration Rules.

One of the requirements for qualifying for settled or pre-settled status as a

person with a Zambrano right to reside is that you do not already hold leave to

enter or remain in the UK, unless this was granted under the EU Settlement

Scheme.

Our records show that you currently hold leave to remain in the UK valid until 5

March 2022.This leave was granted under Family/Private Life 10yr - LTR(E),

not under the EU Settlement Scheme. This means you cannot qualify as a

person with a Zambrano right to reside.

As your existing leave to enter or remain means your application cannot

succeed, we have not considered the rest of your application.

It is considered that the information available does not show that you meet the

eligibility requirements for settled status set out in rule EU11 of Appendix EU to

the Immigration Rules or those for pre-settled status which are set out in rule

EU14 of that Appendix. Therefore, you have been refused settled status and

pre-settled status under rule EU6.

We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.

We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.

Next steps
If you have additional information or evidence that shows you meet the

requirements, you can make another application to the EU Settlement Scheme

at any time online at:

https://apply-for-eu-settled-status.homeoffice.gov.uk.

Applications are free of charge and you have until 30 June 2021, or until any

status you currently hold under the scheme ceases to be valid, to reapply.

Alternatively you can apply for an administrative review if you think the decision maker made an error or did not follow the publish guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive the decision to apply for an administrative review.

Hi ruona, sorry to hear about the refusal. Do put in administrative review as it appears you do not have appeal. If you look through the thread you will find some guidelines and past experiences of people's successes after refusal.
When did you apply, I just want to know the timeline album awaiting my decision too. Definitely prepare to fight it okay.

Thank you so much ,
I was granted drc through appeal in 2014,but because it does not lead to pr ,I had to switch to ltr in 2016 which is the 10yr route,and I apply for ess November 2019 and got refuse October 2020.

[Greatgreat]

@rhona
You have a good chance of success especially as you have been recognised as a zambrano carer before. Check from page 32 from this thread. And follow the advice. Also I'm sure someone more experienced in this things will respond to you soon. But I'm sure there are stuff on here you can use.

[ruona]

Hello everyone, I need to ask a few questions regarding the AR .
Do I need to request AR form from the Home office ,or do I just use the online form that is available at gov.uk.please someone should reply .thanks a lot.

[IST]

Hello everyone, I need to ask a few questions regarding the AR .
Do I need to request AR form from the Home office ,or do I just use the online form that is available at gov.uk.please someone should reply .thanks a lot.

Hi Ruona

You can apply online, follow the link below and also on this thread you have all the drafts needed to support the application.

https://visas-immigration.service.gov.u ... GwodfDULPg

[ruona]

Hello everyone, I need to ask a few questions regarding the AR .
Do I need to request AR form from the Home office ,or do I just use the online form that is available at gov.uk.please someone should reply .thanks a lot.

Hi Ruona

You can apply online, follow the link below and also on this thread you have all the drafts needed to support the application.

https://visas-immigration.service.gov.u ... GwodfDULPg

Thank you so much,
Please where it says are you going to send new evidence to show why the decision is wrong?
Do I need to say yes and send the document I have already sent before or just say no and move on.?

[IST]

Hello everyone, I need to ask a few questions regarding the AR .
Do I need to request AR form from the Home office ,or do I just use the online form that is available at gov.uk.please someone should reply .thanks a lot.

Hi Ruona

You can apply online, follow the link below and also on this thread you have all the drafts needed to support the application.

https://visas-immigration.service.gov.u ... GwodfDULPg

Thank you so much,
Please where it says are you going to send new evidence to show why the decision is wrong?
Do I need to say yes and send the document I have already sent before or just say no and move on.?

When you submit the application in the end you will get the email where to send the evidence and you will have 10 days to send them. On this thread you you will have some useful information just go thru the pages

[ruona]

Hello everyone, I need to ask a few questions regarding the AR .
Do I need to request AR form from the Home office ,or do I just use the online form that is available at gov.uk.please someone should reply .thanks a lot.

Hi Ruona

You can apply online, follow the link below and also on this thread you have all the drafts needed to support the application.

https://visas-immigration.service.gov.u ... GwodfDULPg

Thank you so much,
Please where it says are you going to send new evidence to show why the decision is wrong?
Do I need to say yes and send the document I have already sent before or just say no and move on.?

When you submit the application in the end you will get the email where to send the evidence and you will have 10 days to send them. On this thread you you will have some useful information just go thru the pages

OK thanks

[lolwe]

Reasons why your application has been refused - You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

You have applied under the EU Settlement Scheme as a person with a Zambrano right to reside on the basis that you are the primary carer of a British citizen.

Our records show that you currently hold leave to remain in the UK valid until 5 March 2022.This leave was granted under Family/Private Life 10yr - LTR(E), not under the EU Settlement Scheme.

This means you cannot qualify as a person with a Zambrano right to reside.

An administrative review will almost certainly result in a refusal unless they grant you leave under exceptional circumstances. Make sure you add a letter to your administrative review asking them to grant you leave outside the rules.

Lord Dyson in R(Munir) v Secretary of State for the Home Department, [2012] UK SC 32:

[44] "In my view, it is the [Immigration Act 1971] itself which is the source of the Secretary of State's power to grant leave to enter or remain outside the immigration rules. The Secretary of State is given a wide discretion under sections 3, 3A, 3B and 3C to control the grant and refusal of leave to enter or to remain....The language of these provisions...could not be wider. They provide clearly and without qualification that, where a person is not a British citizen, he may be given leave to enter or limited or indefinite leave to remain in the United Kingdom. They authorize the Secretary of State to grant leave to enter or remain even where the leave could not be given under the immigration rules"

Lord Reid in British Spam Company Ltd v Minister of Technology [1971] AC 610, at 625C:

"The general rule is that anyone who has to exercise a statutory discretion must not 'shut his ears to an application'....I do not think there is any great difference between a policy and a rule. There may be cases where an officer or authority out to listen to a substantial argument reasonably presented urging a change of policy. What the authority must not do is refuse to listen at all."

T'herefore, the Home Office should consider exercising their discretion to grant you leave to remain outside of the Immigration Rules.

[shay007]

Hello snooky,
My COA has expired according to my employer and I wouldn’t be able to keep on working. They checked my COA with HO in April and notified me it was going to expire in October. Now the issue is HO said COA doesn’t have an expiry date as long as your application is still been considered but it isn’t a right to work either. I asked for a letter from HO stating COA don’t have expiry so that I can send it to my employer but they haven’t relied to me on that. Any help or advice is appreciated. Thanks

[Spirit007]

Hello snooky,
My COA has expired according to my employer and I wouldn’t be able to keep on working. They checked my COA with HO in April and notified me it was going to expire in October. Now the issue is HO said COA doesn’t have an expiry date as long as your application is still been considered but it isn’t a right to work either. I asked for a letter from HO stating COA don’t have expiry so that I can send it to my employer but they haven’t relied to me on that. Any help or advice is appreciated. Thanks

As far as I am aware, there is no expiry date on a COA. What happens is that, an arbitrary 6months in put on HO systems hoping that a decision will be made before the six months run out. After the 6months, if no decision has been made, another six months is automatically added to the HO systems. My suggestion is that hold your grounds and refer you employer to carry out an ECS check, which you will pass. They can't terminate your employment, unless the check comes back negative, which I doubt.
Have some faith!
Best wishes

[shay007]

Hello snooky,
My COA has expired according to my employer and I wouldn’t be able to keep on working. They checked my COA with HO in April and notified me it was going to expire in October. Now the issue is HO said COA doesn’t have an expiry date as long as your application is still been considered but it isn’t a right to work either. I asked for a letter from HO stating COA don’t have expiry so that I can send it to my employer but they haven’t relied to me on that. Any help or advice is appreciated. Thanks

As far as I am aware, there is no expiry date on a COA. What happens is that, an arbitrary 6months in put on HO systems hoping that a decision will be made before the six months run out. After the 6months, if no decision has been made, another six months is automatically added to the HO systems. My suggestion is that hold your grounds and refer you employer to carry out an ECS check, which you will pass. They can't terminate your employment, unless the check comes back negative, which I doubt.
Have some faith!
Best wishes

Thank you so much for the advice.