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Honestly, I have seen it all in this forum. Anything can happen. People with LTR have been granted settled status. Only God knows it all. Stay blessed.lolwe wrote: ↑Wed Nov 11, 2020 6:20 amTo summarise,Ngoo wrote: ↑Wed Nov 11, 2020 6:02 am@Greatgreat, thank you very much. Yes o never give up. The AR team knew about the appeal hearing on the 6th of October and they were supposed to respond to my AR
on the 13th of October and they emailed me and said they have requested for more information and that they are waiting for the response as soon as they receive the response they will get back to me. If they don’t get the reply they will email me but I haven’t heard from them. I reckon they were waiting for the Judge’s promulgation/ decision. The HO are well informed and they know what is going on. Best of luck.
You are a Zambrano carer who used to have leave to remain under Appendix FM. That leave expired in January 2020.
You have a pending application for settlement under Appendix EU as a Zambrano carer. Your application for settlement is currently in the Administrative Review stage with the Home Office.
The Good News: If you are successful in your appeal, then all other Zambrano carers who allow their leave to remain to expire should also be granted settlement under the EU settlement scheme.
(At present, Zambrano carers with leave to remain under Appendix FM are refused settlement under Appendix EU. If you are a Zambrano carer with leave to remain under Appendix FM, it is still possible to ask the Home Office to grant you settlement outside the rules).
At the end of the day, everyone's journey is unique to them and their situation. It is good to learn as much as possible, to save time and avoid unnecessary mistakes.Ngoo wrote: ↑Wed Nov 11, 2020 6:47 amHonestly, I have seen it all in this forum. Anything can happen. People with LTR have been granted settled status. Only God knows it all. Stay blessed.lolwe wrote: ↑Wed Nov 11, 2020 6:20 amTo summarise,Ngoo wrote: ↑Wed Nov 11, 2020 6:02 am@Greatgreat, thank you very much. Yes o never give up. The AR team knew about the appeal hearing on the 6th of October and they were supposed to respond to my AR
on the 13th of October and they emailed me and said they have requested for more information and that they are waiting for the response as soon as they receive the response they will get back to me. If they don’t get the reply they will email me but I haven’t heard from them. I reckon they were waiting for the Judge’s promulgation/ decision. The HO are well informed and they know what is going on. Best of luck.
You are a Zambrano carer who used to have leave to remain under Appendix FM. That leave expired in January 2020.
You have a pending application for settlement under Appendix EU as a Zambrano carer. Your application for settlement is currently in the Administrative Review stage with the Home Office.
The Good News: If you are successful in your appeal, then all other Zambrano carers who allow their leave to remain to expire should also be granted settlement under the EU settlement scheme.
(At present, Zambrano carers with leave to remain under Appendix FM are refused settlement under Appendix EU. If you are a Zambrano carer with leave to remain under Appendix FM, it is still possible to ask the Home Office to grant you settlement outside the rules).
lolwe wrote: ↑Wed Nov 11, 2020 7:00 amAt the end of the day, everyone's journey is unique to them and their situation. It is good to learn as much as possible, to save time and avoid unnecessary mistakes.Ngoo wrote: ↑Wed Nov 11, 2020 6:47 amHonestly, I have seen it all in this forum. Anything can happen. People with LTR have been granted settled status. Only God knows it all. Stay blessed.lolwe wrote: ↑Wed Nov 11, 2020 6:20 amTo summarise,Ngoo wrote: ↑Wed Nov 11, 2020 6:02 am@Greatgreat, thank you very much. Yes o never give up. The AR team knew about the appeal hearing on the 6th of October and they were supposed to respond to my AR
on the 13th of October and they emailed me and said they have requested for more information and that they are waiting for the response as soon as they receive the response they will get back to me. If they don’t get the reply they will email me but I haven’t heard from them. I reckon they were waiting for the Judge’s promulgation/ decision. The HO are well informed and they know what is going on. Best of luck.
You are a Zambrano carer who used to have leave to remain under Appendix FM. That leave expired in January 2020.
You have a pending application for settlement under Appendix EU as a Zambrano carer. Your application for settlement is currently in the Administrative Review stage with the Home Office.
The Good News: If you are successful in your appeal, then all other Zambrano carers who allow their leave to remain to expire should also be granted settlement under the EU settlement scheme.
(At present, Zambrano carers with leave to remain under Appendix FM are refused settlement under Appendix EU. If you are a Zambrano carer with leave to remain under Appendix FM, it is still possible to ask the Home Office to grant you settlement outside the rules).
Why have some Zambrano carers with LTR been granted settled status, when
- Appendix EU says you can not qualify if you have LTR under Appendix FM, and
The only possible answers I see at this point are
- Other Zambrano carers have been refused
- someone in the Home Office made a mistake
- the Zambrano carer was granted leave outside the rules (LOTR)
Knowing this information, a Zambrano carer can write a letter to the Home Office and request leave outside the rules. The Zambrano carer doesn't have to just rely on luck. What if you found out five years from now, that you could have gotten settlement if you just asked for leave outside the rules? It is good to think about these things, to know all the possible options. Take care and congrats.
- the Zambrano carer is not really a Zambrano carer. The applicant applied in the wrong category.
@lowe, Thanks for your suggestions, how can one apply for leave outside the rules? will the letter be sent with the EUSS application or what. Do you have a draft of the letter or what the contents will be.lolwe wrote: ↑Wed Nov 11, 2020 7:43 amThree suggestions for Zambrano carers applying for settlement under Appendix EU:
1.) Apply to EUSS under another category except Zambrano. Zambrano is the worst category. For example, if your spouse or partner is an EEA national (European, but not British) apply as a family member of a relevant EEA citizen. If your relationship ended, you may qualify as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen.
2.) Let your limited leave to remain expire and reapply for settlement. If your current limited leave to remain expires before June 2021, consider applying for settlement again a month or so before your limited leave to remain expires. (Zambrano carers with LTR are generally refused settlement under Appendix EU).
3.) Apply for leave outside the rules (LOTR). If your current limited leave to remain expires after June 2021, consider writing a letter to the Home Office requesting they approve your application for settlement outside the rules. If they say no, ask the Court to decide. The judge will want to see a copy of your LOTR letter and the Home Office's response.
Mecry2020 wrote: ↑Wed Nov 11, 2020 9:18 am@lowe, Thanks for your suggestions, how can one apply for leave outside the rules? will the letter be sent with the EUSS application or what. Do you have a draft of the letter or what the contents will be.lolwe wrote: ↑Wed Nov 11, 2020 7:43 amThree suggestions for Zambrano carers applying for settlement under Appendix EU:
1.) Apply to EUSS under another category except Zambrano. Zambrano is the worst category. For example, if your spouse or partner is an EEA national (European, but not British) apply as a family member of a relevant EEA citizen. If your relationship ended, you may qualify as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen.
2.) Let your limited leave to remain expire and reapply for settlement. If your current limited leave to remain expires before June 2021, consider applying for settlement again a month or so before your limited leave to remain expires. (Zambrano carers with LTR are generally refused settlement under Appendix EU).
3.) Apply for leave outside the rules (LOTR). If your current limited leave to remain expires after June 2021, consider writing a letter to the Home Office requesting they approve your application for settlement outside the rules. If they say no, ask the Court to decide. The judge will want to see a copy of your LOTR letter and the Home Office's response.
Thanks.
Thanks @lolwelolwe wrote: ↑Wed Nov 11, 2020 9:49 amMecry2020 wrote: ↑Wed Nov 11, 2020 9:18 am@lowe, Thanks for your suggestions, how can one apply for leave outside the rules? will the letter be sent with the EUSS application or what. Do you have a draft of the letter or what the contents will be.lolwe wrote: ↑Wed Nov 11, 2020 7:43 amThree suggestions for Zambrano carers applying for settlement under Appendix EU:
1.) Apply to EUSS under another category except Zambrano. Zambrano is the worst category. For example, if your spouse or partner is an EEA national (European, but not British) apply as a family member of a relevant EEA citizen. If your relationship ended, you may qualify as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen.
2.) Let your limited leave to remain expire and reapply for settlement. If your current limited leave to remain expires before June 2021, consider applying for settlement again a month or so before your limited leave to remain expires. (Zambrano carers with LTR are generally refused settlement under Appendix EU).
3.) Apply for leave outside the rules (LOTR). If your current limited leave to remain expires after June 2021, consider writing a letter to the Home Office requesting they approve your application for settlement outside the rules. If they say no, ask the Court to decide. The judge will want to see a copy of your LOTR letter and the Home Office's response.
Thanks.
Hi Mecry2020,
You can send in the letter anytime. A good time may be when you apply for Administrative Review. You can also apply when you send in a new application for settlement under the EU settlement scheme.
If you apply for LTR again, you can ask them to give you indefinite leave to remain immediately as part of a LOTR request.
You can also apply using form Set(O). You can pay extra to apply for same day service. This option is expensive and does not have a right of appeal.
Have you been in the UK legally for 10 years? How much longer do you have under Appendix FM?
When you write the letter, think of the judge. The Home Office may refuse your request for LOTR. What can you say to the judge about your particular situation? You want the judge to agree that you should be granted settlement now, instead of in the future.
The applicant must describe and provide evidence of the factors that warrant a period of LOTR. The applicant should set out the period of leave required or requested in their application. Applicants seeking ILR outside the Immigration Rules should provide details as to why they should be granted ILR rather than limited leave. Every case will be considered on its merits taking into account the individual facts of the case. Applicants seeking LOTR must provide documentary evidence to support their claim.
The Home Office must take into account the circumstances of each case and the impact on children, or on those with children, in the UK (See Section 55 of the Borders, Citizenship and Immigration Act 2009).
SET(O)
Apply using Set(O) - No breach of ECHR Article 8
https://visas-immigration.service.gov.uk/product/set-o
If an applicant in the UK wishes to be considered for a grant of indefinite leave to remain (ILR) outside the Immigration Rules, they should apply on form SET(O) and pay the relevant fees and charges. The refused applicant will not have a right of appeal against the decision or an administrative review of the decision. Compelling compassionate factors are, broadly speaking, exceptional circumstances which mean that a refusal of entry clearance or leave to remain would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, refugee convention or obligations.
What the Home Office will say if they refuse your request for LOTR:
- You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of leave outside the rules.
Guidance
- In support of your claim you state [insert details of circumstances raised]. You have submitted [insert details of any evidence submitted]. The circumstances are not considered exceptional...
This guidance tells UK Visas and Immigration when it may be appropriate to exercise discretion to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds). https://www.gov.uk/government/publicati ... tion-rules
@lolwe,how can we have the EUSs form back as home office is refusing to resend the forms.lolwe wrote: ↑Wed Nov 11, 2020 5:26 amPeople who are married to EU citizens (not British) and People who are divorced or separated from EU citizens are covered by the Withdrawal Agreement.LULUBABY wrote: ↑Wed Nov 11, 2020 4:28 amRead Dimiku’s posts and see if you are in a similar situation. I remember reading on one of his/her posts that he/she, is/was in a relationship with an EU citizen and wanted to rely on that relationship, applied for Zambrano but later changed and applied through CHEN and succeeded.gee4 wrote: ↑Mon Nov 09, 2020 4:33 pmThank you. But I don’t understand what it means to be granted leave outside the rules.lolwe wrote: ↑Mon Nov 09, 2020 1:11 pm
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.
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 have a choice between an EU citizen category versus a derivative category, it is in your best interest to go with an EU citizen category.
I wonder how many Zambrano carers made the same mistake?
The best category to apply under is as an EU citizen.
The next best category is as the family member of an EU citizen.
Then as a ex family member of an EU citizen.
Then as a person with a derivative right to reside.
Finally, as a Zambrano carer.
People should choose their category carefully.
Congratulations NgooNgoo wrote: ↑Tue Nov 10, 2020 5:51 pmHello everyone!
I am so happy to let you all know that my DFR1 appeal has been allowed.
Timeline:
DFR1 application- 13th of January 2020
Refused- 8th of February 2020
Submitted the appeal- 9th of April 2020
Appeal Allowed - 10th of November 2020
I give God almighty all the glory May his name be glorified forever and ever Amen.
I want to thank Snooky for all his support without him the appeal wouldn’t have been possible. The Judge did state that the skeletal argument was the most helpful documents presented for the appeal. May God almighty bless you and your family beyond your expectations and you will never ever lack nor fail in Jesus Mighty Name Amen.
I also want to say a massive thank you to Mubashir for all the support. May God almighty continue to bless you and your family in Jesus name Amen.
Thank you everyone for all the encouragements. For those of us still waiting for their DFR1 appeal I pray that you will receive the good news very soon. Best of luck.
Cost is not a good argument for LOTR. The judge will tell you to apply for a fee waiver.Mecry2020 wrote: ↑Wed Nov 11, 2020 10:17 amThanks @lolwelolwe wrote: ↑Wed Nov 11, 2020 9:49 amMecry2020 wrote: ↑Wed Nov 11, 2020 9:18 am@lowe, Thanks for your suggestions, how can one apply for leave outside the rules? will the letter be sent with the EUSS application or what. Do you have a draft of the letter or what the contents will be.lolwe wrote: ↑Wed Nov 11, 2020 7:43 amThree suggestions for Zambrano carers applying for settlement under Appendix EU:
1.) Apply to EUSS under another category except Zambrano. Zambrano is the worst category. For example, if your spouse or partner is an EEA national (European, but not British) apply as a family member of a relevant EEA citizen. If your relationship ended, you may qualify as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen.
2.) Let your limited leave to remain expire and reapply for settlement. If your current limited leave to remain expires before June 2021, consider applying for settlement again a month or so before your limited leave to remain expires. (Zambrano carers with LTR are generally refused settlement under Appendix EU).
3.) Apply for leave outside the rules (LOTR). If your current limited leave to remain expires after June 2021, consider writing a letter to the Home Office requesting they approve your application for settlement outside the rules. If they say no, ask the Court to decide. The judge will want to see a copy of your LOTR letter and the Home Office's response.
Thanks.
Hi Mecry2020,
You can send in the letter anytime. A good time may be when you apply for Administrative Review. You can also apply when you send in a new application for settlement under the EU settlement scheme.
If you apply for LTR again, you can ask them to give you indefinite leave to remain immediately as part of a LOTR request.
You can also apply using form Set(O). You can pay extra to apply for same day service. This option is expensive and does not have a right of appeal.
Have you been in the UK legally for 10 years? How much longer do you have under Appendix FM?
When you write the letter, think of the judge. The Home Office may refuse your request for LOTR. What can you say to the judge about your particular situation? You want the judge to agree that you should be granted settlement now, instead of in the future.
The applicant must describe and provide evidence of the factors that warrant a period of LOTR. The applicant should set out the period of leave required or requested in their application. Applicants seeking ILR outside the Immigration Rules should provide details as to why they should be granted ILR rather than limited leave. Every case will be considered on its merits taking into account the individual facts of the case. Applicants seeking LOTR must provide documentary evidence to support their claim.
The Home Office must take into account the circumstances of each case and the impact on children, or on those with children, in the UK (See Section 55 of the Borders, Citizenship and Immigration Act 2009).
SET(O)
Apply using Set(O) - No breach of ECHR Article 8
https://visas-immigration.service.gov.uk/product/set-o
If an applicant in the UK wishes to be considered for a grant of indefinite leave to remain (ILR) outside the Immigration Rules, they should apply on form SET(O) and pay the relevant fees and charges. The refused applicant will not have a right of appeal against the decision or an administrative review of the decision. Compelling compassionate factors are, broadly speaking, exceptional circumstances which mean that a refusal of entry clearance or leave to remain would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, refugee convention or obligations.
What the Home Office will say if they refuse your request for LOTR:
- You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of leave outside the rules.
Guidance
- In support of your claim you state [insert details of circumstances raised]. You have submitted [insert details of any evidence submitted]. The circumstances are not considered exceptional...
This guidance tells UK Visas and Immigration when it may be appropriate to exercise discretion to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds). https://www.gov.uk/government/publicati ... tion-rules
I have been on Appendix FM for 7years now and indefinite leave will be too expensive for me. I am waiting for appeal decision on DRF1 and wanting to renew my passport to re-apply for EUSS because I missed AR for my first application. I will includes this argument if I need to appeal EUSS.
Thanks, this makes sense to me now.
I am encouraged with the good news on this platform and will share mine soon.
You have a current application under EUSS. Although initially refused by the Home Office, the application is still going through the appeals process because it is at the Administrative Review stage.Chenai wrote: ↑Wed Nov 11, 2020 11:30 amMy EUSS was refused. I only found out a day before my right to AR was still valid. I used lot’s of different search terms in junk mail every week but I could not see it. It was by chance that I tried a different term and I got it. I had missed the appeal date. I hurriedly submitted AR with no convincing argument. They still have not responded. It’s the 4th week now and my parent visa is expiring on Sat 14/11 so I don’t want to risk it I want to extend my LTR.I am applying for fee waiver online. How do I submit supporting documents. It says upload at our self scan facility or post but there is no postal address and what is a self scan facility?
Thank you
@Cattelley09, thank you. No I didn’t receive anything from the court. Don’t worry your decision is on the way I think COVID is delaying everything.Catalley09 wrote: ↑Wed Nov 11, 2020 11:34 amCongratulations NgooNgoo wrote: ↑Tue Nov 10, 2020 5:51 pmHello everyone!
I am so happy to let you all know that my DFR1 appeal has been allowed.
Timeline:
DFR1 application- 13th of January 2020
Refused- 8th of February 2020
Submitted the appeal- 9th of April 2020
Appeal Allowed - 10th of November 2020
I give God almighty all the glory May his name be glorified forever and ever Amen.
I want to thank Snooky for all his support without him the appeal wouldn’t have been possible. The Judge did state that the skeletal argument was the most helpful documents presented for the appeal. May God almighty bless you and your family beyond your expectations and you will never ever lack nor fail in Jesus Mighty Name Amen.
I also want to say a massive thank you to Mubashir for all the support. May God almighty continue to bless you and your family in Jesus name Amen.
Thank you everyone for all the encouragements. For those of us still waiting for their DFR1 appeal I pray that you will receive the good news very soon. Best of luck.
Can l ask between April and now did you receive anything from the courts coz l emailed my skeleton argument and evidence but l haven’t heard anything only the automatic reply from Hmcts that l have uploaded my evidence successfully
Thanks
Hi Sebel,Sebel wrote: ↑Wed Nov 11, 2020 10:32 am@lolwe,how can we have the EUSs form back as home office is refusing to resend the forms.lolwe wrote: ↑Wed Nov 11, 2020 5:26 amPeople who are married to EU citizens (not British) and People who are divorced or separated from EU citizens are covered by the Withdrawal Agreement.LULUBABY wrote: ↑Wed Nov 11, 2020 4:28 amRead Dimiku’s posts and see if you are in a similar situation. I remember reading on one of his/her posts that he/she, is/was in a relationship with an EU citizen and wanted to rely on that relationship, applied for Zambrano but later changed and applied through CHEN and succeeded.gee4 wrote: ↑Mon Nov 09, 2020 4:33 pm
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 have a choice between an EU citizen category versus a derivative category, it is in your best interest to go with an EU citizen category.
I wonder how many Zambrano carers made the same mistake?
The best category to apply under is as an EU citizen.
The next best category is as the family member of an EU citizen.
Then as a ex family member of an EU citizen.
Then as a person with a derivative right to reside.
Finally, as a Zambrano carer.
People should choose their category carefully.
The DRF1 is just a piece of paper. The EU legislated so that you don't need a piece of paper to enjoy your rights. You just have to "assert" your rights.Innerpeace wrote: ↑Wed Nov 11, 2020 2:51 pmGood afternoon lovely people.
Need your advice guys.
Our situation:
I am a non EU national, I have LTR and husband had a derivative as a Zambrano carer *shared responsability with me of a British child* which expired April 2019.
Husband applied for another derivative as a Zambrano carer in April 2019. Got refused in July 2019, HO asked him to apply under appendix FM.
Appealed the decision but the 1st tribunal rejected the appeal in December 2019 due to us failing to provide the full bundle of evidence.
Husband also applied to the settlement paper scheme as a Zambrano carer in August 2019. Still waiting for the outcome.
Problem: our son who is a British citizen is now 17 and will turn 18 in September 2021.
I only have a LTR that needs to be renewed in August 2021. Got My first one in April 2013.
Husband has limited options:
Husband can only apply under the 20 years continous residency in July 2021. Date he came to the UK.
Until july 2021 Husband does not want to be jobless and illegal.
What should be our next step?
Shall my husband only wait for the outcome of the paper application for the settlement scheme?
Shall he apply again for DRF1 as a zambrano carer?
Guys over the past 10 years I have been doing all my applications and my husband''s ones to save the lawyers costs. Have been following this forum for many years. The input of the members is priceless. I would appreciate your support as I am really getting tired
I wish to applylolwe wrote: ↑Wed Nov 11, 2020 2:36 pmHi Sebel,Sebel wrote: ↑Wed Nov 11, 2020 10:32 am@lolwe,how can we have the EUSs form back as home office is refusing to resend the forms.lolwe wrote: ↑Wed Nov 11, 2020 5:26 amPeople who are married to EU citizens (not British) and People who are divorced or separated from EU citizens are covered by the Withdrawal Agreement.LULUBABY wrote: ↑Wed Nov 11, 2020 4:28 am
Read Dimiku’s posts and see if you are in a similar situation. I remember reading on one of his/her posts that he/she, is/was in a relationship with an EU citizen and wanted to rely on that relationship, applied for Zambrano but later changed and applied through CHEN and succeeded.
If you have a choice between an EU citizen category versus a derivative category, it is in your best interest to go with an EU citizen category.
I wonder how many Zambrano carers made the same mistake?
The best category to apply under is as an EU citizen.
The next best category is as the family member of an EU citizen.
Then as a ex family member of an EU citizen.
Then as a person with a derivative right to reside.
Finally, as a Zambrano carer.
People should choose their category carefully.
Can you please clarify your question?
- Are you saying you want to apply for settlement under Appendix EU, and the Home Office won't send you the form for Zambrano carers?
- Are you saying you want to cancel your application for settlement and get the form back?
- Are you saying you want a copy of the settlement application you already submitted?