gee4 wrote: ↑Tue Nov 10, 2020 2:16 am
lolwe wrote: ↑Tue Nov 10, 2020 12:43 am
gee4 wrote: ↑Mon Nov 09, 2020 4:35 pm
Greatgreat wrote: ↑Mon Nov 09, 2020 3:48 am
@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
I am confused. Are you saying I’m not eligible to apply for EUSS
Steps
1.) Under what category did you apply to EUSS?
2.) Do you meet the requirements for that category?
3.) If you do meet the requirements, the Home Office has made a mistake. They should correct their error during the Administrative Review. If they don't correct their error, the judge can tell them to give you leave to remain.
4.) If you do not meet the requirements, you can ask the Home Office to grant you settlement anyway. That is called leave outside the rules.
5.) You may want to reapply to EUSS under another category if your category has changed.
Possible categories for you to apply for settlement under EUSS, based on the information you have provided:
- person with a Zambrano right to reside
- person with a derivative right to reside
- family member who has retained the right of residence
- family member of a relevant EEA citizen
Let's say you applied as the family member of a relevant EEA citizen. If you meet the definition in Appendix EU of a family member of a relevant EEA citizen, and the rules apply to you, they must give you settlement.
If your circumstances changed, and you are now a family member who has retained the right of residence, you may want to tell the Home Office when you apply for AR or just apply to the EUSS again under the new category.
What matters is what category you apply under and whether or not you meet the requirements for that category.
The Home Office appear to only tell Zambrano carers to apply for leave to remain under Appendix FM. It is wrong.