Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

Home Office Refusals

The Home Office / SSHD may refuse an application because of the following

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 (Child’s name) will not be compelled to leave the UK or the EEA.

If the Zambrano carer follows this advice and applies for leave to remain under Appendix FM, they will be refused settlement a second time, if they reapply to the EU Settlement Scheme.

Zambrano carers with leave to remain under FM who apply to the EU Settlement Scheme are refused because Appendix EU defines a Zambrano carer as one who does not have leave to remain under another part of the rules or Appendix FM.

It is important for Zambrano carers to understand the logic at play. To repeat:

1.) The Home Office created a settlement category for Zambrano carers.
2.) They defined Zambrano carers as people who do not have leave to remain under Appendix FM.
3.) They then denied many Zambrano carers settlement for not having leave to remain under Appendix FM.
4.) They also denied many Zambrano carers settlement for having leave to remain under Appendix FM.

Therefore, the route to settlement under Appendix EU for many Zambrano carers is actually non existent.

Moreover, because some Zambrano carers do actually get settlement, that means the way the Home Office / SSHD implements the EU Settlement Scheme is inconsistent, if not discriminatory.

Any legal challenge to a refusal should make this point.

[netqueen]

Home Office Refusals


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 (Child’s name) will not be compelled to leave the UK or the EEA.


1.) The Home Office created a settlement category for Zambrano carers.
2.) They defined Zambrano carers as people who do not have leave to remain under Appendix FM.
3.) They then denied many Zambrano carers settlement for not having leave to remain under Appendix FM.
4.) They also denied many Zambrano carers settlement for having leave to remain under Appendix FM.

Therefore, the route to settlement under Appendix EU for many Zambrano carers is actually non existent.

Moreover, because some Zambrano carers do actually get settlement, that means the way the Home Office / SSHD implements the EU Settlement Scheme is inconsistent, if not discriminatory.

Any legal challenge to a refusal should make this point.

'''The Home Office / SSHD may refuse an application because of the following''

Hi,
Could you kindly give me the source of the above quote. I mean the exact page you quoted it from , want to read further on it.
It is interesting as you have summarised it above,
Thank you

[shay007]

Hello snooky/evryone,
I just received my refusal letter and i have no choice than to take it on the chin and move on right?
The reasons why my application was refused is below -
To qualify for settled or pre-settled status as a 'person with a zambrano right to reside', you must have a right to reside in the uk because you meet the relevant requirements in the immigration (European economic area) regulations 2016 (the EEA regulations,). As you state that you are the primary carer of a British citizen, its regulation 16(5) that is relevant in your circumstances. However, we are not satisfied that you meet the requirements of regulation 16(5) because you have not provided sufficient evidence that you are xxxxx direct relative or legal guardian.

A direct relative is defined to include the following relatives only:
* parent
* grandparent
* spouse or civil partner
* child
* grandchild
* sibling

You state that xxxxx is your nephew. you have provided statements from his parents stating that you are their brother and brother in law, therefore making you the uncle of their son xxxx. Although you have not provided official documents such as a birth certificate proving your relationship to the mother or father of xxx as a sibling, this department accepts based on the personal statements provided, that you are xxxxx 's uncle. Despite this evidence, as this particular relationship doesn't fall within the definition of a direct relative given above you are unable to meet this requirement.

You have provided as evidence written statements from the parents of your sponsor stating that you have parental responsibilities for your sponsor. This department is unable to accept anecdotal personal statements from family members of an applicants as evidence of primary care over a British citizen child. This department requires evidence of legal guardianship in the form of a guardianship order issued by a UK family court. You have not provided such evidence and as a result cannot be considered as a legal guardian for your sponsor.

As you have not provided any evidence that you are xxxx direct relative or legal guardian your application cannot succeed as you must meet all the requirements in regulation 16(5) to be considered a person with a zambrano right to reside on this basis. We have therefore 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.

It is noted that you previously applied for status as the primary carer of your sponsor and have been refused on the same basis. Unless you are able to provide evidence that addresses the points made above, any future applications will be refused for the same reasons as stated above.

we note that you state that you are employed within the healthcare sector and as such we have considered whether you qualify for the automatic visa extension set out by the government. We recognise the huge importance of the health and social care sector, which is providing vital services following the coronavirus outbreak , which has led to the extension announced by the Home secretary.

In the secretary of state's announcements on 31 march 2020 and subsequently on 29 April 2020, specific healthcare staff were confirmed as eligible for the scheme if the individual undertakes a qualifying role and as a visa due to expire before 1 october 2020.

we have assessed your current circumstances based on the details provided and unfortunately you do not currently meet the criteria to qualify for the automatic visa extension.

Next steps summary

i can reapply or apply for an administrative review and i have 28 days to do so. i have 14 days from the date of the decision to appeal.

you can appeal on the basis that the decision is not in accordance with the EU settlement scheme rules, or hat it breaches any rights you have under the withdrawal agreement , the eea efta seperation agreement, or the swiss citizens rights agreement. you may bring or continue an appeal from inside or outside the uk.

The documents i added were
Birth certificate of my nephew which they didnt acknowledge
letters from school
letter from GP
british passport
my bank statement
statements from both parents

my timeline
Applied on the 26th of feb
biometric - 2nd wk in march
COA - 2nd wk in April
Refusal - 27th October

I have no previos brp.

So everyone what do you think is the next best step? Thank you everyone

Any help anybody? wld really appreciate it. thanks

[snooky]

@Shay007

Sorry to hear that HO has refused you.

I think they have given their reasons but in law their reasons outline is even incompatible to both the WA and EU charter of articles on extended family.

One category of these eu exit agreements scheme is given extended family right and another been denied.

The only way is money and court as the policy been use exclude you from meeting EEA right to exercise your treaty right.

The Zambrano jurisprudence did not exclude anyone nor said you should only have it when you're in the UK.

The HO has listed people they think could be Zambrano but this is a drift from the ruling.

The HO policy could be challenged should you have money in accordance of Alvi vs SSHD case law or precedent

[shay007]

@Shay007

Sorry to hear that HO has refused you.

I think they have given their reasons but in law their reasons outline is even incompatible to both the WA and EU charter of articles on extended family.

One category of these eu exit agreements scheme is given extended family right and another been denied.

The only way is money and court as the policy been use exclude you from meeting EEA right to exercise your treaty right.

The Zambrano jurisprudence did not exclude anyone nor said you should only have it when you're in the UK.

The HO has listed people they think could be Zambrano but this is a drift from the ruling.

The HO policy could be challenged should you have money in accordance of Alvi vs SSHD case law or precedent

Thanks for your reply as always snooky. To breakdown what I just read from your reply, you reckon I should for AR? And also could you pls explain what you meant by your last paragraph because I don’t really get it. And do you also think the list of documents added were enough or more was needed? I have a week left to submit my AR and I need every help possible. Thank you

[snooky]

@Shay007

Sorry to hear that HO has refused you.

I think they have given their reasons but in law their reasons outline is even incompatible to both the WA and EU charter of articles on extended family.

One category of these eu exit agreements scheme is given extended family right and another been denied.

The only way is money and court as the policy been use exclude you from meeting EEA right to exercise your treaty right.

The Zambrano jurisprudence did not exclude anyone nor said you should only have it when you're in the UK.

The HO has listed people they think could be Zambrano but this is a drift from the ruling.

The HO policy could be challenged should you have money in accordance of Alvi vs SSHD case law or precedent

Thanks for your reply as always snooky. To breakdown what I just read from your reply, you reckon I should for AR? And also could you pls explain what you meant by your last paragraph because I don’t really get it. And do you also think the list of documents added were enough or more was needed? I have a week left to submit my AR and I need every help possible. Thank you

Hi

By their refusal, you were refused because they claimed that direct family requirement wasn't met and if even you could meet it then you will need guardianship or court order or adoption certificate to enforce reg 16(1)(5). In the EU exit agreement, there's provision for extended family members but HO is trying to exclude Zambrano people to take advantage of that rule.

My last paragraph means that, the law of Alvi vs SSHD makes it clear that HO can not use their policy to exclude anyone who meet law passed by the parliament or court.

HO WA should reflect eu laws and eea regulations set by their charter and articles. Anything other than this contravene and that precludes you and you union member minor child under article 20.

But to fight these illegal laws in HO Appendix EU, it will take lot of money and the courts not AR.

[snooky]

To all

Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.

Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.

It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.

For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.

Please keep protecting yourselves too from covid19 and stay safe

[Sebel]

To all

Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.

Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.

It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.

For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.

Please keep protecting yourselves too from covid19 and stay safe

Hello snooky,wish to continuously thank you for all your effort on this platform. Only our good God almighty will forever bless you abundantly.

Please I don't really understand this point;"For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant"... please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?

[snooky]

To all

Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.

Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.

It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.

For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.

Please keep protecting yourselves too from covid19 and stay safe

Hello snooky,wish to continuously thank you for all your effort on this platform. Only our good God almighty will forever bless you abundantly.

Please I don't really understand this point;"For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant"... please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?

Hi Sebel

Please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?

YES you have to make sure you have applied for euss Zambrano else the EEA Zambrano under eu route will be invalid. This must be done before 1 July 2021 for EUSS.

[Sebel]

To all

Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.

Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.

It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.

For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.

Please keep protecting yourselves too from covid19 and stay safe

Hello snooky,wish to continuously thank you for all your effort on this platform. Only our good God almighty will forever bless you abundantly.

Please I don't really understand this point;"For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant"... please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?

Hi Sebel

Please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?

YES you have to make sure you have applied for euss Zambrano else the EEA Zambrano under eu route will be invalid. This must be done before 1 July 2021 for EUSS.

Thanks so much snooky. I just pray time should not be on my side as my kids passport is not yet out got a message that by the end of next week. Still I have to put on the drf1 application, say by this month ending, God knows for how long they going to respond to me before court process blabla.

Inthe course of the application, my leave to remain will be expiring by feb2021. Omg am so much confuse. Any advice, after my leave finishes will still be considered incase I will be sent to court?

Had been wondering for months now.

[lolwe]

Home Office Refusals


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 (Child’s name) will not be compelled to leave the UK or the EEA.


1.) The Home Office created a settlement category for Zambrano carers.
2.) They defined Zambrano carers as people who do not have leave to remain under Appendix FM.
3.) They then denied many Zambrano carers settlement for not having leave to remain under Appendix FM.
4.) They also denied many Zambrano carers settlement for having leave to remain under Appendix FM.

Therefore, the route to settlement under Appendix EU for many Zambrano carers is actually non existent.

Moreover, because some Zambrano carers do actually get settlement, that means the way the Home Office / SSHD implements the EU Settlement Scheme is inconsistent, if not discriminatory.

Any legal challenge to a refusal should make this point.

'''The Home Office / SSHD may refuse an application because of the following''

Hi,
Could you kindly give me the source of the above quote. I mean the exact page you quoted it from , want to read further on it.
It is interesting as you have summarised it above,
Thank you

The quote is taken from ojoke2020's refusal letter - See Post by ojoke2020 » Wed Oct 28, 2020 6:04 pm

If you are a Zambrano carer who has not applied for leave to remain under Appendix FM, you are refused.

If you are a Zambrano carer who has leave to remain under Appendix FM, you are refused.

The only way to win is through leave outside the rules - unless you get lucky.

[lolwe]

Hello everybody,
@Snooky and every senior member,
ojoke2020 has been given the option of right of appeal under Citizens’ Rights Appeals) (EU Exit) Regulations 2020. ojoke2020 applied before the exit day, I still do not understand how is different from right of appeal to FTT allowed for those who applied after exit day. Will you please clarify on that. With regards and many appreciation for your help and valuable guidance, during such hard times for all of us.

There are two separate pieces of legislation:

1.) The Withdrawal Agreement of 2019 - which allows for judicial reviews
2.) The Withdrawal Agreement Act of January 2020 - which allows for appeals

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community - 19 October 2019, page 37, ARTICLE 18 Issuance of residence documents

1.The host State may require Union citizens or United Kingdom nationals, their respective family members and other persons, who reside in its territory in accordance with the conditions set out in this Title, to apply for a new residence status which confers the rights under this Title and a document evidencing such status which may be in a digital form.

Applying for such a residence status shall be subject to the following conditions:

(r) the applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State against any decision refusing to grant the residence status. The redress procedures shall allow for an examination of the legality of the decision,as well as of the facts and circumstances on which the proposed decision is based. Such redress procedures shall ensure that the decision is not disproportionate.


European Union (Withdrawal Agreement) Act 2020 - 23rd January 2020

PART 3 Citizens' rights
11 Appeals etc. against citizens’ rights immigration decisions
(1) A Minister of the Crown may by regulations make provision for, or in connection with, appeals against citizens’ rights immigration decisions of a kind described in the regulations.

[lolwe]

Zambrano carers who apply for EU settlement as a person with a derivative right to reside will be refused.

You can not be a Zambrano carer AND a person with a derivative right to reside. Zambrano carers are excluded.

Appendix EU - Annex 1 Definitions -

person with a derivative right to reside

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period in which they rely on having been a person with a derivative right to reside (before they then became a person who had a derivative or Zambrano right to reside) they were, resident for a continuous qualifying period in the UK with a derivative right to reside by virtue of regulation 16(1) of the EEA Regulations:

(a) regardless of whether, in respect of the criterion in regulation 16(2)(b)(ii) of the EEA Regulations, the EEA citizen meets, or (as the case may be) met, the requirement in regulation 4(1)(c)(ii) of the EEA Regulations for comprehensive sickness insurance cover in the UK; and

(b) regardless (where the person was previously granted limited leave to enter or remain under this Appendix as a person with a derivative right to reside and was under the age of 18 years at the date of application for that leave) of whether, in respect of the criterion in regulation 16(2)(b)(i) or regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(c) excluding a person satisfying the criteria in:
(i) paragraph (5) of regulation 16(1) of the EEA Regulations; or
(ii) paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5)

...

Paragraph (5) of regulation 16(1) of the EEA Regulations

(5) The criteria in this paragraph are that—

(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

[LULUBABY]

I have been typing and deleting, downloading and uploading. Poor PDF can’t believe in 2020 someone is still trying to force it to copy and paste and save.
Jesus Wept!!!
No wonder Lawyers charge thousands of pounds for applications that cost a few hundreds of pounds.

That reminds me, Mubashir, Snooky, IST, Dimiku and all of you who have received your positive decisions should not forget to remind SANTA to ‘UP HIS GAME’ this year ooooo, because this journey wouldn’t have been possible without these children.

[lida56]

Hello forum members,
Good news from me: I am granted pre-settled status, so relieved now, but not so happy!!! I wish everyone receive the positive result soon. Mine took more than one and half years.

[Greatgreat]

Hello forum members,
Good news from me: I am granted pre-settled status, so relieved now, but not so happy!!! I wish everyone receive the positive result soon. Mine took more than one and half years.

Oh @lida56, that's great news! Congratulations. You very well deserve it.
Can you pls share you time line and process. Thanks x

[lida56]

Hi, and thanks Greatgreat,
I applied in June 2019, COA in July 2019, provided further documents as required in February 2020, made several complaints which partially was uphold, finally contacted MP, after two weeks I received my pre-settled status.

[Greatgreat]

Hi, and thanks Greatgreat,
I applied in June 2019, COA in July 2019, provided further documents as required in February 2020, made several complaints which partially was uphold, finally contacted MP, after two weeks I received my pre-settled status.

Thanks. Congrats again.

[IST]

I have been typing and deleting, downloading and uploading. Poor PDF can’t believe in 2020 someone is still trying to force it to copy and paste and save.
Jesus Wept!!!
No wonder Lawyers charge thousands of pounds for applications that cost a few hundreds of pounds.

That reminds me, Mubashir, Snooky, IST, Dimiku and all of you who have received your positive decisions should not forget to remind SANTA to ‘UP HIS GAME’ this year ooooo, because this journey wouldn’t have been possible without these children.

Lulubaby

I hope you are well.

We all pray for you. Have you got any update from AR yet?

[IST]

Hi, and thanks Greatgreat,
I applied in June 2019, COA in July 2019, provided further documents as required in February 2020, made several complaints which partially was uphold, finally contacted MP, after two weeks I received my pre-settled status.

Lida56

Congratulations and enjoy your freedom

[lida56]

Thanks IST and Greatgreat. Wish you the best.

[THGHZ]

Thanks IST and Greatgreat. Wish you the best.

Congratulations what visa did you have before you applied and was it still valid?

[Ngoo]

Hello forum members,
Good news from me: I am granted pre-settled status, so relieved now, but not so happy!!! I wish everyone receive the positive result soon. Mine took more than one and half years.

@Lida56,

Congratulations!!! Enjoy your freedom.

[Ngoo]

I have been typing and deleting, downloading and uploading. Poor PDF can’t believe in 2020 someone is still trying to force it to copy and paste and save.
Jesus Wept!!!
No wonder Lawyers charge thousands of pounds for applications that cost a few hundreds of pounds.

That reminds me, Mubashir, Snooky, IST, Dimiku and all of you who have received your positive decisions should not forget to remind SANTA to ‘UP HIS GAME’ this year ooooo, because this journey wouldn’t have been possible without these children.

@Lulubaby,

How are you doing? Have you heard from the AR team? I am still waiting for the outcome of DFR1 appeal and the AR team as well. Wish you all the best. Stay blessed.

[lida56]

Thanks IST and Greatgreat. Wish you the best.

Congratulations what visa did you have before you applied and was it still valid?

Hi my visa was visit visa expired in last September.