Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

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.

Which form specifically?
What are you applying for?

If you are a Zambrano carer, apply for settlement under Appendix EU.

Zambrano carers are not EU citizens. Zambrano carers are non EU citizens who are the parents or carers of British citizens.

[Sebel]

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.

Which form specifically?
What are you applying for?

If you are a Zambrano carer, apply for settlement under Appendix EU.

Zambrano carers are not EU citizens. Zambrano carers are non EU citizens who are the parents or carers of British citizens.

Zambrano non british citizens

[lolwe]

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.

Which form specifically?
What are you applying for?

If you are a Zambrano carer, apply for settlement under Appendix EU.

Zambrano carers are not EU citizens. Zambrano carers are non EU citizens who are the parents or carers of British citizens.

Zambrano non british citizens

So you want to apply for settlement under the EU settlement scheme (Appendix EU) as a Zambrano carer.

The Home Office is refusing to send you the application form.

My advice

1.) Make your request in writing to the EU

Ask a question about applying for settled status
Use this form to ask a question about applying for settled status under the EU Settlement Scheme. We’ll reply within 5 working days.
https://eu-settled-status-enquiries.ser ... okie-check

2.) If the Home Office still refuse to give you the form for Zambrano carers, complain to the PHSO (Parliamentary and Health Service Ombudsman):

• Fill in the form and

• ask your local MP to sign it and

• Your MP will send it to the PHSO.

Complaint form - UK government services (Word 73KB)
https://www.ombudsman.org.uk/making-com ... aint-forms

You can find your MP here.
https://members.parliament.uk/members/commons

[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

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.

Lolwe, thank you for the reply.
Our situation is more complicated. I was granted LTR outside the rules in 2013, part of my art 8 application. I never applied for a derivative right as a zombrano carer.
My husband however applied for DRF1 as a primary carer of a British child and got his derivative residency in 2014, which expired in 2019. This right was given when my eldest was a minor. In 2019 he turned 18 so when my husband applied again in 2019 he applied as a carer of our second child who is still under 18.
The HO accepted that he was a carer of a British child sharing care responsibilities with me but refused him because he did not apply under appendix FM.

The only reason why he wants to apply for another DRF1 is to gain time and not to stay illegal or jobless.
I will definitely ask for an AR, will also ask for their discretion for grant outside the rule.
Seeing that most people are not successful under the settlement scheme, especially after getting their DRF1 as zombrano carer refused, just thinking of a way to gain more time or a backup plan until July 2021.
Because of our situation I think that the only category he can apply under is the private life 20 year's continous residency in July 2021.

[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.

Lolwe, thank you for the reply.
Our situation is more complicated. I was granted LTR outside the rules in 2013, part of my art 8 application. I never applied for a derivative right as a zombrano carer.
My husband however applied for DRF1 as a primary carer of a British child and got his derivative residency in 2014, which expired in 2019. This right was given when my eldest was a minor. In 2019 he turned 18 so when my husband applied again in 2019 he applied as a carer of our second child who is still under 18.
The HO accepted that he was a carer of a British child sharing care responsibilities with me but refused him because he did not apply under appendix FM.

The only reason why he wants to apply for another DRF1 is to gain time and not to stay illegal or jobless.
I will definitely ask for an AR, will also ask for their discretion for grant outside the rule.
Seeing that most people are not successful under the settlement scheme, especially after getting their DRF1 as zombrano carer refused, just thinking of a way to gain more time or a backup plan until July 2021.
Because of our situation I think that the only category he can apply under is the private life 20 year's continous residency in July 2021.

I really think you may want to consider talking to an immigration solicitor.

The rights guaranteed under EU Freedom of Movement are NOT the same as a visa issued by the UK Home Office.

1.) You do not have to "apply" for a derivative right as a Zambrano carer. You simply must exercise it. Those two things are not the same.
2.) Your husband's DRF1 paper expired. His derivative right as a Zambrano carer did not expire. A Zambrano right under EU law does not expire as long as the UK follows EU laws.
3.) The Home Office can not "refuse" someone who exercises their rights under the freedom of movement. They can refuse to issue a paper but that is NOT the same as refusing his rights. He can exercise his rights until the freedom of movement ends (scheduled for 31 December 2020).
4.) As long as your husband has a pending valid application, he can remain in the UK. He will be given a Certificate of Application letter to show that he has a pending valid application. The COA will permit him to work.
5.) Zambrano carers with 5+ years and who do not have leave to remain have a good chance of success.
6.) As long as your EU settlement application is under consideration, or going through Administrative Review, or pending in the courts, your husband can continue to reside and work in the UK. Only when all legal avenues have been exhausted should he worry about applying for a visa. Even, then, it is only necessary if he was unsuccessful.

[LULUBABY]

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.

Lolwe, thank you for the reply.
Our situation is more complicated. I was granted LTR outside the rules in 2013, part of my art 8 application. I never applied for a derivative right as a zombrano carer.
My husband however applied for DRF1 as a primary carer of a British child and got his derivative residency in 2014, which expired in 2019. This right was given when my eldest was a minor. In 2019 he turned 18 so when my husband applied again in 2019 he applied as a carer of our second child who is still under 18.
The HO accepted that he was a carer of a British child sharing care responsibilities with me but refused him because he did not apply under appendix FM.

The only reason why he wants to apply for another DRF1 is to gain time and not to stay illegal or jobless.
I will definitely ask for an AR, will also ask for their discretion for grant outside the rule.
Seeing that most people are not successful under the settlement scheme, especially after getting their DRF1 as zombrano carer refused, just thinking of a way to gain more time or a backup plan until July 2021.
Because of our situation I think that the only category he can apply under is the private life 20 year's continous residency in July 2021.

Innerpeace, July 2021 is round the corner. He can apply for the DRF1 , if it gets to court he will succeed. This path costs less, will let him gain more time and be working.

Meanwhile he should also call the EU settlement scheme and request for a form. He should tell them he is a Zambrano carer and was issued a derivative card. He doesn’t need to go into details.

Both of you are Zambrano carers. If they still refuse sending him the form then he can make a formal complaint, use that complaint procedure and get that form from them.

Be strong and focused, you are almost there.

[LULUBABY]

I gave them 7 days in my PAP, after 14 days, they sent me this letter asking for another 14days.
According to the letter “Full consideration is being given to the points raised in your letter, However due to the necessity to obtain information from other areas of UK Visas and Immigration in order to provide you with a sufficiently comprehensive response, I regret to inform you it will not be possible to reply in full at this point”.

[lolwe]

Why applying for residence using DRF1 is a bad use of your time right now

1.) The DRF1 gives you a document that proves your right to exercise freedom of movement.
2.) Freedom of movement ends on 31 December 2020.
3.) Landlords and employers will not be able to accept the residence card after 31 December 2020.
4.) Applying for settlement under EUSS (Appendix EU) is FREE!
5.) When you apply for settlement under EUSS, you will receive a Certificate of Application. This certificate will allow you to work and get housing while you wait for your decision.

[Catalley09]

I gave them 7 days in my PAP, after 14 days, they sent me this letter asking for another 14days.
According to the letter “Full consideration is being given to the points raised in your letter, However due to the necessity to obtain information from other areas of UK Visas and Immigration in order to provide you with a sufficiently comprehensive response, I regret to inform you it will not be possible to reply in full at this point”.

Was this PAP for drf1 or euss?

[Fustrated2019]

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

Congratulations @ngoo

[Mecry2020]

@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”

Hi @ lolwe,
My EUSS was refused in July but decision went to my junk mail, saw after 28days for AR. Can I still apply for the AR even though its more than 4months.

Secondly, my LTR expires Oct 2021, they made it that way because when I applied for my last renewal it will issued after 6months and they did not backdated the renewal. It should be till April 2021 instead of Oct.
Can I mention this in my argument too for AR if I can still do that now then reapplying.
Thanks.

[CR001]

Hi @ lolwe,
My EUSS was refused in July but decision went to my junk mail, saw after 28days for AR. Can I still apply for the AR even though its more than 4months.

Secondly, my LTR expires Oct 2021, they made it that way because when I applied for my last renewal it will issued after 6months and they did not backdated the renewal. It should be till April 2021 instead of Oct.
Can I mention this in my argument too for AR if I can still do that now then reapplying.
Thanks.

No, you cannit use AR now after so much time has passed.

LOTR renewals are granted from the date of approval by UKVI always. The start date is never "tagged onto" your last visa expiry date!! You have no argument to prove on this point.

[Mecry2020]

Hi @ lolwe,
My EUSS was refused in July but decision went to my junk mail, saw after 28days for AR. Can I still apply for the AR even though its more than 4months.

Secondly, my LTR expires Oct 2021, they made it that way because when I applied for my last renewal it will issued after 6months and they did not backdated the renewal. It should be till April 2021 instead of Oct.
Can I mention this in my argument too for AR if I can still do that now then reapplying.
Thanks.

No, you cannit use AR now after so much time has passed.

LOTR renewals are granted from the date of approval by UKVI always. The start date is never "tagged onto" your last visa expiry date!! You have no argument to prove on this point.

Thanks CR001, that is what I thought too.
I will re apply as planned.

[lolwe]

Hi @ lolwe,
My EUSS was refused in July but decision went to my junk mail, saw after 28days for AR. Can I still apply for the AR even though its more than 4months.

Secondly, my LTR expires Oct 2021, they made it that way because when I applied for my last renewal it will issued after 6months and they did not backdated the renewal. It should be till April 2021 instead of Oct.
Can I mention this in my argument too for AR if I can still do that now then reapplying.
Thanks.

Hi Mecry,

4 Months is a long time to have passed. You can always try and see what they say.

If you are about to submit a new application with exactly the same information, it may be easier for them to continue with the Administrative Review. Good luck with your LOTR request on your EUSS application!!!

[lolwe]

Hi @ lolwe,
My EUSS was refused in July but decision went to my junk mail, saw after 28days for AR. Can I still apply for the AR even though its more than 4months.

Secondly, my LTR expires Oct 2021, they made it that way because when I applied for my last renewal it will issued after 6months and they did not backdated the renewal. It should be till April 2021 instead of Oct.
Can I mention this in my argument too for AR if I can still do that now then reapplying.
Thanks.

No, you cannit use AR now after so much time has passed.

LOTR renewals are granted from the date of approval by UKVI always. The start date is never "tagged onto" your last visa expiry date!! You have no argument to prove on this point.

If the Home Office took more than six months to decide her renewal application, that could be a fair point to raise. Will the Home Office dismiss the point? Probably. It is still a fair point, in my opinion.

[Innerpeace]

Lulubaby and lolwe thank you for the advice
Can someone tell me what will be the legal status of non eu zambrano carer with pending eu scheme application after December 2020?
I found this in an article:"for non-EEA family members who rely on derivative rights to apply to the EUSS, all of these issues will be even more complicated. Not only are non-EEA nationals applying based on derivative rights not covered by the proposed legislation, their immigration status is also unclear during the grace period between 1 January 2021 and 30 June 2021."
Can someone shed a light please?

[Ngoo]

Hello everyone!

My AR was unsuccessful.

Fortunately, I have an application form that I received few weeks ago. I have completed the form and send back to EUSS.

Thank you for your application for an administrative review of the decision of 09 September 2020 on your application under the EU Settlement Scheme.
Your application for an administrative review has been unsuccessful
I have carefully reviewed the original decision and found that it was correct. That original decision has therefore been maintained.
Reasons why your application for administrative review was unsuccessful
Based on the information available, you do not meet the requirements for settled or pre-settled status under the EU Settlement Scheme. The reasons given in the original decision were correct and continue to apply.

[lolwe]

Hello everyone!

My AR was unsuccessful.

Fortunately, I have an application form that I received few weeks ago. I have completed the form and send back to EUSS.

Thank you for your application for an administrative review of the decision of 09 September 2020 on your application under the EU Settlement Scheme.
Your application for an administrative review has been unsuccessful
I have carefully reviewed the original decision and found that it was correct. That original decision has therefore been maintained.
Reasons why your application for administrative review was unsuccessful
Based on the information available, you do not meet the requirements for settled or pre-settled status under the EU Settlement Scheme. The reasons given in the original decision were correct and continue to apply.

Hi Ngoo, Sorry to hear that. Can you please summarise the original reasons for refusal? Was it because they want you to apply for limited leave to remain under Appendix FM? thanks

[lolwe]

Lulubaby and lolwe thank you for the advice
Can someone tell me what will be the legal status of non eu zambrano carer with pending eu scheme application after December 2020?
I found this in an article:"for non-EEA family members who rely on derivative rights to apply to the EUSS, all of these issues will be even more complicated. Not only are non-EEA nationals applying based on derivative rights not covered by the proposed legislation, their immigration status is also unclear during the grace period between 1 January 2021 and 30 June 2021."
Can someone shed a light please?

Fantastic question, Innerpeace. Clearly, the derivative residence card will no longer be valid. What will happen if a landlord asks to see a Zambrano carer's right to reside in the UK, and all they have is a derivative residence card? They could be evicted. If the Zambrano carer has a Certificate of Application from the EU settlement scheme, it seems to me their status is what is reflected in the CoA letter. That is another reason why it is so important for Zambrano carers to apply for settlement via Appendix EU or for leave to remain via Appendix FM as soon as possible - and before 31 December 2020.

[Ngoo]

The reason for refusal is because they said I should stick to 10years parent route because my circumstance hasn’t changed. I think they were disappointed with the Judge’s decision.

[lolwe]

The reason for refusal is because they said I should stick to 10years parent route because my circumstance hasn’t changed. I think they were disappointed with the Judge’s decision.

How fascinating. As a government body, the Home Office are supposed to apply the rules faithfully, not give you advice as if they are your best friend.

The judge's decision could have massive repercussions. The judge is basically saying the Home Office is wrong to tell people to apply for leave to remain. The judge's ruling on your case could potentially impact hundreds of Zambrano families.

[CR001]

Hi @ lolwe,
My EUSS was refused in July but decision went to my junk mail, saw after 28days for AR. Can I still apply for the AR even though its more than 4months.

Secondly, my LTR expires Oct 2021, they made it that way because when I applied for my last renewal it will issued after 6months and they did not backdated the renewal. It should be till April 2021 instead of Oct.
Can I mention this in my argument too for AR if I can still do that now then reapplying.
Thanks.

No, you cannit use AR now after so much time has passed.

LOTR renewals are granted from the date of approval by UKVI always. The start date is never "tagged onto" your last visa expiry date!! You have no argument to prove on this point.

If the Home Office took more than six months to decide her renewal application, that could be a fair point to raise. Will the Home Office dismiss the point? Probably. It is still a fair point, in my opinion.

Not an arguable point at all. The home office stated timeframe for all visa categories using the standard route is 6 months. This is clearly stated on the ukvi website. Many visas and ilr take 6 months, often much longer.

[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

Congratulations @ngoo

@ Fustrated2019, thank you.

[LULUBABY]

I gave them 7 days in my PAP, after 14 days, they sent me this letter asking for another 14days.
According to the letter “Full consideration is being given to the points raised in your letter, However due to the necessity to obtain information from other areas of UK Visas and Immigration in order to provide you with a sufficiently comprehensive response, I regret to inform you it will not be possible to reply in full at this point”.

Was this PAP for drf1 or euss?

It was for EUSS.

[Ngoo]

The reason for refusal is because they said I should stick to 10years parent route because my circumstance hasn’t changed. I think they were disappointed with the Judge’s decision.

How fascinating. As a government body, the Home Office are supposed to apply the rules faithfully, not give you advice as if they are your best friend.

The judge's decision could have massive repercussions. The judge is basically saying the Home Office is wrong to tell people to apply for leave to remain. The judge's ruling on your case could potentially impact hundreds of Zambrano families.

Exactly, after reading the Judge’s decision, I understand what the HO is playing at. They put up their guidance and impose them on people and if you turn a blind eye they will get away with it. The Judge said HO guidance is not a law.