Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

FYI: Freedom of movement may not end exactly on 31 December 2020 (but a little bit later). This delay may (or may not) help some people.

The immigration bill that would end freedom of movement rules in the UK on 31 December 2020 was defeated in the Lords a few days ago. The bill will return to the House of Commons in December. That does not give much time for the bill to pass before the end of the year.

The bill will also create a new points-based immigration system in the UK similar to Australia.

[Ngoo]

@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.

To summarise,

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).

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]

Regarding EU settlement applications, the Home Office is saying to the media and the public

• all options will be exhausted before refusing someone’s application

• they “are always looking to grant status”

• their caseworkers work with applicants and will exercise discretion in their favour where appropriate

• “it’s important to remember that refusals make up only a tiny proportion of concluded applications”

The Home Office recorded almost no cases of refusals at the start of the year. The figure has jumped in recent months and is now at 16,600. Zambrano carers saw 61% of cases refused (as of summer 2020).

When freedom of movement ends in January 2021, people who are entitled to the scheme but have not yet applied or received a decision will likely find access to jobs, benefits and housing more limited.

[lolwe]

@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.

To summarise,

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).

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.

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.

Why have some Zambrano carers with LTR been granted settled status, when

• Appendix EU says you can not qualify if you have settled status, and

• Other Zambrano carers have been refused

The only possible answers I see at this point are

• someone in the Home Office made a mistake

• the Zambrano carer was granted leave outside the rules (LOTR)

• the Zambrano carer is not really a Zambrano carer. The applicant applied in the wrong category.

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.

[lolwe]

Correction highlighted below

@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.

To summarise,

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).

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.

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.

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

• Other Zambrano carers have been refused

The only possible answers I see at this point are

• someone in the Home Office made a mistake

• the Zambrano carer was granted leave outside the rules (LOTR)

• the Zambrano carer is not really a Zambrano carer. The applicant applied in the wrong category.

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.

[lolwe]

Three 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]

Three 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.

@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.
Thanks.

[Mecry2020]

sorry I mean @lolwe, my apologies.

[lolwe]

Three 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.

@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.
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.

• 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...

Guidance
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

[Mecry2020]

Three 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.

@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.
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.

• 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...

Guidance
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

Thanks @lolwe
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.

[Sebel]

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

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.

People who are married to EU citizens (not British) and People who are divorced or separated from EU citizens are covered by the Withdrawal Agreement.

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.

@lolwe,how can we have the EUSs form back as home office is refusing to resend the forms.

[Chenai]

My 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

[Catalley09]

Hello 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.

Congratulations Ngoo

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

[Chenai]

Where do I click to reply to an individual’s post please.

[LULUBABY]

Where do eI click to reply to an individual’s post please.

Click on the inverted commas on top of the message. It looks like this “

[LULUBABY]

Where do I click to reply to an individual’s post please.

Click on the inverted commas above the message, on the right side. It looks like this “ .

[LULUBABY]

I just saw a letter from Home Office asking me to give them 2 more weeks as regards my PAP.

[lolwe]

Three 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.

@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.
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.

• 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...

Guidance
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

Thanks @lolwe
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.

Cost is not a good argument for LOTR. The judge will tell you to apply for a fee waiver.

Maybe I am missing something? DRF1 will only give you papers that confirm your freedom of movement rights. Freedom of movement expires on 31 December 2020.

I think you can still try for AR even if you missed the deadline, if you have good reasons. The problem is that if you have limited leave to remain under Appendix FM, they will probably still refuse the application.

The Home Secretary has a "residual discretion" under the Immigration Act 1971. “Residual discretion” does not mean that Home Office civil servants can grant leave outside the Rules in any case that takes their fancy.

Just to try and help, I have quickly written this letter to get you started. I would really hire an immigration solicitor for the letter, if possible. Only use this letter if you are desperate.


....

Dear Secretary of State for the Home Department,

RE: JANE DOE, DOB 1 January 1960,

I write in response to your recent refusal to my application for settlement as a Zambrano carer. In particular, I write to request indefinite leave to remain outside the rules.

BACKGROUND
I entered the UK on a visitor's visa on the 1st of January 2010.
My son, Charles Doe, was born on 1 January 2011.
My relationship with my partner ended on 1st January 2012.
The Home Office granted me limited leave to remain as the parent of a British citizen on 1 January 2013.
My application for limited leave to remain was extend twice in June 2016 and January 2019, respectfully.
My current limited leave to remain as the parent of a British citizen child under Appendix FM expires on 1 January 2022 - six months after the deadline for applying for settlement under Appendix EU.

Although a refusal of my request for leave outside the rules would not be in breach of your obligations under ECHR Article 8, Article 3, refugee convention or otherwise, a refusal would result in unjustifiably harsh consequences for me and my family. These consequences fall broadly into three categories: fairness, the best interests of my British child, and statements made by the Home Office regarding applications made under the EU settlement scheme.

FAIRNESS

• I fulfil all of the requirements under Appendix EU for Zambrano carers, apart from the requirement that I not have limited leave to remain under another part of the Rules

• I meet the requirements to be granted derivative residence as a Zambrano carer under Regulation 16(1) paragraph 5 of the EEA Regulations 2016

• The EEA Regulations do not exclude Zambrano carers who have limited leave to remain

• A Zambrano carer who did not apply for leave to remain would only have to wait five years. I have already waited seven years.

• If my leave to remain had expired before June 2020, I would have succeeded in your EU settlement application

BEST INTERESTS OF THE CHILD

Per Section 55 of the Borders, Citizenship and Immigration Act 2009, any function of the Secretary of State in relation to immigration, asylum or nationality must be discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom. Accordingly, any decision which is taken without having regard to the need to safeguard and promote the welfare of any children involved will not be in accordance with the law.

Discuss the benefits to Charles Doe in terms of

• current living expenses and accommodation

• ensuring equality of opportunity

• reference letters from the school, GP, pastor, imam, etc

STATEMENTS MADE BY THE HOME OFFICE

The Home Office has stated publicly to media

• all options will be exhausted before refusing someone’s application for settlement

• they “are always looking to grant status”

• their caseworkers work with applicants and will exercise discretion in their favour where appropriate

• “it’s important to remember that refusals make up only a tiny proportion of concluded applications”

[lolwe]

My 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

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.

As long as your EU settlement application is pending, your legal status in the country remains unchanged.

If you renew your limited leave to remain under Appendix FM, you will not be eligible for settlement under Appendix EU.

If you let your limited leave to remain expire, you can argue that you are a Zambrano carer without limited leave to remain under Appendix FM. The Home Office should then grant you settlement under EUSS.

[Ngoo]

Hello 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.

Congratulations Ngoo

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

@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.

[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

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.

People who are married to EU citizens (not British) and People who are divorced or separated from EU citizens are covered by the Withdrawal Agreement.

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.

@lolwe,how can we have the EUSs form back as home office is refusing to resend the forms.

Hi Sebel,

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?

[Innerpeace]

Good 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

[lolwe]

16,600 refusals to date under the EU Settlement Scheme!

I bet at least 1,000 of those refusals are for people who applied under the Zambrano category when they did not have to.

Avoid applying under Zambrano if you meet the requirements for other categories!

If someone asks you for advice, first ask them if their partner or ex-partner was an EEA national (European, non British).

If they were married for at least 3 years and lived together in the UK for at least one year, you could save them a lot of time and stress.

[lolwe]

Good 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

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.

Your husband was already granted status as a Zambrano carer. Whether the Home Office gives him a new piece of paper or not, it seems pretty obvious he is still today a Zambrano carer.

I could be wrong, but I don't see the point in fighting for a piece of paper that will be invalid in a month. Freedom of movement ends on 31 December 2020. The point of the DRF1 is to give Zambrano carers a document proving their right to exercise freedom of movement. It was always optional.

My advice:

Husband should apply for settlement as a Zambrano carer under Appendix EU. He does not have limited leave to remain, so his application sounds pretty straightforward. If the Home Office refuses his application and tells him to apply for limited leave to remain under Appendix FM, apply for administrative review and go to court. It is wrong for the Home Office to pressure Zambrano carers to apply for limited leave to remain.

You are also a Zambrano carer. Therefore, you should also apply for settlement as a Zambrano carer under Appendix EU. Unlike your husband, in your application, say that you are applying for leave outside the rules. You understand that as a Zambrano carer with limited leave to remain, you do not qualify under Appendix EU. You understand that if your current limited leave to remain would have expired before June 2021, you would be eligible under Appendix EU. You are asking for leave given this exceptional circumstance.

[Sebel]

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.

People who are married to EU citizens (not British) and People who are divorced or separated from EU citizens are covered by the Withdrawal Agreement.

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.

@lolwe,how can we have the EUSs form back as home office is refusing to resend the forms.

Hi Sebel,

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?

I wish to apply
As home office is not giving our the form as they say,we should use the present route,leave to remain. The form is only available for the EU citizens.