Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Sebel]

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.

Visitors? Is it with EU or british? Please can you explain for us to know well. We learn ecmveryday.

[Mecry2020]

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.

Congratulations Lida56!

Do you have leave to remain before you applied.

Thanks.

[snooky]

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.

Congrats

[snooky]

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.

Peace and congrats

[lida56]

All dear forum members,
I thanks you for your kind words and wish you all the best.

[lida56]

@Sebel,
I applied as carer of a British Citizen. I have been living in the UK on long term visit visas from long time ago, nearly 40 years ago.

[Sebel]

@Sebel,
I applied as carer of a British Citizen. I have been living in the UK on long term visit visas from long time ago, nearly 40 years ago.

Ok thanks congrats

[Tina87]

Hello everyone and happy sunday to all. Please I am new here. I need help . I have a daughter who is 5years old and I applied for ltr through 10years route and I am left now with one renewal by January 2021 my ltr will expire,I was wondering if I can apply for a Dfr1 card because the ltr fees are just so much. Please what can I do. As my visa will expire in January 2021.
Thanks

[gee4]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

[Greatgreat]

Hello everyone and happy sunday to all. Please I am new here. I need help . I have a daughter who is 5years old and I applied for ltr through 10years route and I am left now with one renewal by January 2021 my ltr will expire,I was wondering if I can apply for a Dfr1 card because the ltr fees are just so much. Please what can I do. As my visa will expire in January 2021.
Thanks

Hi @Tina87 welcome to the forum.
Yes you can apply for drf. The latest time to apply for it is 31st Dec 2020. Most people here, including me, applied for drf1 and also through the eu settlement scheme (you will have to call them for this form). You could apply for both at same time. I understand every case has its merit however, you must be prepared for refusal from ho but you will have right of appeal too.
Wishing you all the best.
Read through the thread to see people's experiences.

[Greatgreat]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

@gee4, if I'm not mistaken, you can't apply for AR. It's either you have right of appeal or not. And in later case you could so AR.
Others will come along to advise on it soon.

[LULUBABY]

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.

CONGRATULATIONS to you. Finally it is over. You fought really very hard. Did you do that PAP?.

[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.

Lulubaby

I hope you are well.

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

No news yet. I have received my bundle from the court to be sent off to HO within 9days as per the Judicial Review.

[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.

@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.

I am still waiting for them too. I haven’t even received COA from my DFR1 application over 8weeks now. I have received a bundle from the court and Form T485. I was asked to send off that bundle to the HO within 9 days, then fill and submit the form to the court.

[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.

Lulubaby

I hope you are well.

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

Please is there a form to fill when contacting my MP or should I just call the MP’s office as usual and talk to them.

[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?

Please is there a form to fill when contacting my MP or should I just call the MP’s office as usual and talk to them.

Get the email address of your local MP and send the concern email.

[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.

Lulubaby

I hope you are well.

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

Please is there a form to fill when contacting my MP or should I just call the MP’s office as usual and talk to them.

Get the email address of your local MP and send the concern email.

Ok. Thank you so much.

[lolwe]

I have a daughter who is 5 years old and I applied for ltr through 10 years route and I am left now with one renewal by January 2021 my ltr will expire

Are you a primary carer of a British citizen?
Do you have LTR under Appendix FM as the primary carer of a British citizen?

A primary carer is defined in the Immigration (European Economic Area) Regulations 2006 section 15A(7) as:
a direct family member or legal guardian of the person from whom they would claim a derivative right, and
the person who:

has primary responsibility for that person’s care, or
shares the responsibility for that person’s care equally with one other person, and the other person:
has no right to reside in the UK as a result of any other provision of these regulations
has no right of abode in the UK by virtue of section 2 of the 1971 Immigration Act
has no indefinite leave to enter or remain in the UK, or
to whom section 8 of the 1971 Immigration Act or any order made under subsection (2) do not apply.

person with a Zambrano 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 Zambrano right to reside (before they then became a person who had a derivative or Zambrano right to reside) they were:

(a) 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, by satisfying the criteria in:
(i) paragraph (5) of that regulation; 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), regardless (where the person was previously granted limited leave to enter or remain under this Appendix as a person with a Zambrano 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(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(b) without leave to enter or remain in the UK granted under another part of these Rules

[lolwe]

Please is there a form to fill when contacting my MP or should I just call the MP’s office as usual and talk to them.

Complete the Parliamentary and Health Service Ombudsman (PHSO) complaint form and send it to your local MP

https://www.ombudsman.org.uk/making-complaint

You can complain to us if an organisation has not acted properly or fairly or has given you a poor service and not put things right. Our service is free.

We make final decisions on complaints that have not been sorted out by the NHS in England and UK government departments and some other UK public organisations.

As an independent decision-maker, we do this fairly and without taking sides. We aren’t a consumer champion, a regulator or an advocacy organisation. Find out more about organisations that can help you make your complaint here.

If we decide that the organisation has got things wrong, we may make recommendations for it to put them right. This can include explanations, apologies and recommendations for the service to learn and improve. Find out more about what you can expect.

There are three key checks which will help you (as an MP) give your constituents initial guidance:

Has your constituent completed the complaints process of the organisation in question?
People can ask us to look into their complaint if they are unhappy with the organisation's final response. Occasionally we get involved before that stage if an organisation is clearly not making progress with the complaint within a reasonable timescale.

Is the case being brought to us in time?
Generally we only consider cases which someone has brought to you within a year of their first becoming aware that they wanted to complain. There are some exceptions to this, such as a delay following a bereavement.

Is the case in our jurisdiction?
We can only consider cases where we have been given the ability to do so by Parliament. This includes cases about UK Government departments and other UK public organisations and the NHS in England. We can only look at cases about UK Government departments if an MP refers them to us. People can complain to us directly about the NHS in England.

[lolwe]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

You MUST apply for administrative review before you go to court. Administrative Review gives the Home Office the chance to correct their mistake.

If your application does not meet the requirements, you will also be refused under AR.

If you are refused after Administrative Review, you can challenge the legality of the rules in the High Court, or you can ask the Home Office to grant you leave outside the rules.

The judge will probably want to see that you asked the Home Office to grant you leave outside the rules. So, write a letter to the Home Office if you don't meet the rules. Ask them to give you leave anyway. Make sure to say why you should be granted leave outside the rules. Get an immigration solicitor to help you.

If the Home Office respond before your court date, make sure you show the judge their response.

[gee4]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

You MUST apply for administrative review before you go to court. Administrative Review gives the Home Office the chance to correct their mistake.

If your application does not meet the requirements, you will also be refused under AR.

If you are refused after Administrative Review, you can challenge the legality of the rules in the High Court, or you can ask the Home Office to grant you leave outside the rules.

The judge will probably want to see that you asked the Home Office to grant you leave outside the rules. So, write a letter to the Home Office if you don't meet the rules. Ask them to give you leave anyway. Make sure to say why you should be granted leave outside the rules. Get an immigration solicitor to help you.

If the Home Office respond before your court date, make sure you show the judge their response.

Thank you. But I don’t understand what it means to be granted leave outside the rules.
Ho admits that I am a primary carer to my British son. But refused because I have never made an application under the domestic law. I wouldn’t have had to because I was previously married to EU national and was given 5 years. We’re still married legally but in the process of divorce. I have previously applied to Eu settlement scheme based on my marriage but the application was refused. The application i am requesting for AR on is Zambrano application. I am also considering applying for DFR1. Please advise on what to do please

[gee4]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

@gee4, if I'm not mistaken, you can't apply for AR. It's either you have right of appeal or not. And in later case you could so AR.
Others will come along to advise on it soon.

I was give rights to both. I have made and appeal and also request an AR

[lolwe]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

@gee4, if I'm not mistaken, you can't apply for AR. It's either you have right of appeal or not. And in later case you could so AR.
Others will come along to advise on it soon.

I was give rights to both. I have made and appeal and also request an AR

You CAN NOT be a Zambrano carer and a person with a derivative right to reside for the purposes of the EU Settlement Scheme

The rules are laid out here:

https://www.gov.uk/guidance/immigration ... ppendix-eu

Moreover, you would not have to go to court if the Home Office agreed with you.

See Annex 1 - Definitions

• person with a Zambrano right to reside

• person with a derivative right to reside

[lolwe]

Thank you. But I don’t understand what it means to be granted leave outside the rules.
Ho admits that I am a primary carer to my British son. But refused because I have never made an application under the domestic law. I wouldn’t have had to because I was previously married to EU national and was given 5 years. We’re still married legally but in the process of divorce. I have previously applied to Eu settlement scheme based on my marriage but the application was refused. The application i am requesting for AR on is Zambrano application. I am also considering applying for DFR1. Please advise on what to do please

If you choose a category to apply under, and you do not meet the requirements (or rules) for that category, you can apply for the leave outside the rules.

Are you applying as

• a Zambrano carer

• a person with a derivative right to reside

• a family member who has retained the right of residence

You have to choose a category. Once you choose a category, determine if you meet the rules for that category.

If you meet the rules for that category, you should say that in your Administrative Review. If you don't meet the rules for that category, ask for leave outside the rules (or appeal to the High Court to challenge the rules).

The Home Office have to apply the rules to everyone in a consistent manner, unless they make a mistake or decide to give someone leave to remain outside the rules.

If you can afford it, you may want to talk to a solicitor to find out which category applies to you today.




Immigration Rules Appendix EU

Annex 1 - Definitions

https://www.gov.uk/guidance/immigration ... pendix-eu

family member who has retained the right of residence

a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (e) below are met:

(d) the applicant (“A”) is a non-EEA citizen who:

(i) ceased to be a family member of a relevant EEA citizen on the termination of the marriage or civil partnership of that relevant EEA citizen;

for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen, they will be deemed to have remained a relevant EEA citizen until that termination; and

(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and

(iii) one of the following applies:

(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or

(bb) A has custody of a child of the relevant EEA citizen; or

(cc) A has the right of access to a child of the relevant EEA citizen, where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or

(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting; or

[lolwe]

Hi
I have made an appeal to the court, Can I ask if I can apply for AR also. Thanks

@gee4, if I'm not mistaken, you can't apply for AR. It's either you have right of appeal or not. And in later case you could so AR.
Others will come along to advise on it soon.

I was give rights to both. I have made and appeal and also request an AR

You CAN NOT be a Zambrano carer and a person with a derivative right to reside for the purposes of the EU Settlement Scheme

The rules are laid out here:

https://www.gov.uk/guidance/immigration ... ppendix-eu

Moreover, you would not have to go to court if the Home Office agreed with you.

See Annex 1 - Definitions

• person with a Zambrano right to reside

• person with a derivative right to reside

family member who has retained the right of residence

a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (e) below are met:
(a) the applicant is an EEA citizen or non-EEA citizen who:
(i) was the family member of a relevant EEA citizen (or of a qualifying British citizen) and that person died; and
(ii) was resident as the family member of a relevant EEA citizen (or of a qualifying British citizen) for a continuous qualifying period in the UK of at least a year immediately before the death of that person; or
(b) the applicant is an EEA citizen or non-EEA citizen who:
(i) is the child of:
(aa) a relevant EEA citizen (or of a qualifying British citizen) who has died or of their spouse or civil partner immediately before their death; or
(bb) a person who ceased to be a relevant EEA citizen (or a qualifying British citizen) on ceasing to reside in the UK or of their spouse or civil partner at that point; and
(ii) was attending an educational course in the UK immediately before the relevant EEA citizen (or the qualifying British citizen) died or ceased to be a relevant EEA citizen (or a qualifying British citizen), and continues to attend such a course; or
(c) the applicant is an EEA citizen or non-EEA citizen who is the parent with custody of a child who meets the requirements of sub-paragraph (b) above; or
(d) the applicant (“A”) is an EEA citizen or non-EEA citizen who:
(i) ceased to be a family member of a relevant EEA citizen (or of a qualifying British citizen) on the termination of the marriage or civil partnership of that relevant EEA citizen (or of that qualifying British citizen); for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen (or that qualifying British citizen ceased to be a qualifying British citizen), they will be deemed to have remained a relevant EEA citizen (or, as the case may be, a qualifying British citizen) until that termination; and
(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and
(iii) one of the following applies:
(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or
(bb) A has custody of a child of the relevant EEA citizen (or the qualifying British citizen); or
(cc) A has the right of access to a child of the relevant EEA citizen (or the qualifying British citizen), where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or
(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting; or
(e) the applicant (“A”) is an EEA citizen or non-EEA citizen who:
(i) provides evidence that a relevant family relationship with a relevant EEA citizen (or with a qualifying British citizen) has broken down permanently as a result of domestic violence or abuse; and
(ii) was resident in the UK when the relevant family relationship broke down permanently as a result of domestic violence or abuse, and the continued right of residence in the UK of A is warranted where A or another family member has been a victim of domestic violence or abuse before the relevant family relationship broke down permanently

in addition:
(a) ‘relevant family relationship’ in sub-paragraph (e) above means a family relationship with a relevant EEA citizen (or with a qualifying British citizen) such that the applicant is, or (immediately before the relevant family relationship broke down permanently as a result of domestic violence or abuse) was, a family member of a relevant EEA citizen (or of a qualifying British citizen); and
(b) where sub-paragraph (e) above applies, then, where, following the permanent breakdown of the relevant family relationship as a result of domestic violence or abuse, the applicant remains a family member of a relevant EEA citizen (or of a qualifying British citizen), they will be deemed to have ceased to be such a family member for the purposes of this Appendix once the permanent breakdown occurred