Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[LULUBABY]

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.

Ngoo, sorry about your AR refusal. They are doing their best to frustrate and make us give up. Thank God you already have a form sent to you for another application.

[LULUBABY]

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.

Exactly, GUIDANCE is just as it’s name states, to GUIDE.

If I am going to London Bridge, it is up to me to decide to use TFL JOURNEY PLANNER to check the direction or to get on any bus and ask the driver for direction. Even if that journey planner or that driver tells me to get on bus 149 direct to London Bridge, it is nobody’s business if I decide to get on bus 279 and stop at Seven Sisters, get on bus 76 and stop at Dalston, change to bus 243 and get off at Shoreditch, walk down 2 bus stops and take bus 35 and stop at London Bridge.

What matters is that I got to my destination- London Bridge, whether I got soaked by rain on my way or I lost my Oyster or even my phone in the process is nobody’s business.

If I then decide not to touch my Oyster card and get on the bus to London Bridge, then I asked for trouble because I have broken the law. It is written clearly that you must pay a fare, if you get on a bus without having a validated Oyster you will be fined.

[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.

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.

We should be careful here. HO Guidance on EUSS is a specific thing. It is published and reflects the legal position of Appendix EU. I don't think the published guidance from the Home Office says Zambrano carers without leave to remain must apply for leave to remain.

The "advice" they gave you in their refusal letter is not enforceable. I hope that is what the judge said.

I think you are saying the Home Office provided the same refusal for both your DRF1 and EUSS applications. And because the Home Office lost on the DRF1, they should now lose in court if you raise a challenge to the EUSS refusal.

It would be good to see a few lines or paragraphs from the HO refusal letter and the Judge's decision....

Ngoo v SSHD!

[lolwe]

What happens if a Zambrano carer with an EU residence card leaves the UK for the Christmas holidays and then returns on 2 January 2021?

Will the Border agents allow the Zambrano carer in to the UK?

What if the agent refuses entry?

What are the Zambrano carer's appeal rights?

Also, EU citizens without EUSS documents face deportation from July 2021. Do Zambrano carers face deportation from January 2021 or from July 2021 like the EU citizens?

It would be good if MPs could raise these concerns in Parliament before the break.

[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.

We should be careful here. HO Guidance on EUSS is a specific thing. It is published and reflects the legal position of Appendix EU. I don't think the published guidance from the Home Office says Zambrano carers without leave to remain must apply for leave to remain.

The "advice" they gave you in their refusal letter is not enforceable. I hope that is what the judge said.

I think you are saying the Home Office provided the same refusal for both your DRF1 and EUSS applications. And because the Home Office lost on the DRF1, they should now lose in court if you raise a challenge to the EUSS refusal.

It would be good to see a few lines or paragraphs from the HO refusal letter and the Judge's decision....

Ngoo v SSHD!

@lolwe, yes I had almost the same reasons for the refusal of DFR1 and EUSS. I submitted almost the same argument/ bundles for the Appeal and the AR. The AR bundle was far more organised than the appeal bundle. Anyway, Snooky told me to reapply and I shouldn’t waste my £80 , he was RIGHT. Honestly, the best place to fight your case is in court

[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.

Ngoo, sorry about your AR refusal. They are doing their best to frustrate and make us give up. Thank God you already have a form sent to you for another application.

@lulubaby, thank you.

[lolwe]

@lolwe, yes I had almost the same reasons for the refusal of DFR1 and EUSS. I submitted almost the same argument/ bundles for the Appeal and the AR. The AR bundle was far more organised than the appeal bundle. Anyway, Snooky told me to reapply and I shouldn’t waste my £80 , he was RIGHT. Honestly, the best place to fight your case is in court

If the end goal is to go to court, the courts will require administrative review. It saves them from having to adjudicate claims that are the result of an error.

[Innerpeace]

What happens if a Zambrano carer with an EU residence card leaves the UK for the Christmas holidays and then returns on 2 January 2021?

Will the Border agents allow the Zambrano carer in to the UK?

What if the agent refuses entry?

What are the Zambrano carer's appeal rights?

Also, EU citizens without EUSS documents face deportation from July 2021. Do Zambrano carers face deportation from January 2021 or from July 2021 like the EU citizens?

It would be good if MPs could raise these concerns in Parliament before the break.

Hi lolwe
This might answer your questions
https://www.legislation.gov.uk/uksi/202 ... tents/made
I am still reading through

[Innerpeace]

What happens if a Zambrano carer with an EU residence card leaves the UK for the Christmas holidays and then returns on 2 January 2021?

Will the Border agents allow the Zambrano carer in to the UK?

What if the agent refuses entry?

What are the Zambrano carer's appeal rights?

Also, EU citizens without EUSS documents face deportation from July 2021. Do Zambrano carers face deportation from January 2021 or from July 2021 like the EU citizens?

It would be good if MPs could raise these concerns in Parliament before the break.

Hi lolwe
This might answer your questions
https://www.legislation.gov.uk/uksi/202 ... tents/made
I am still reading through

Does the following cover Non EU Zambrano carers?

Regulation 3 provides that certain provisions of the EEA Regulations 2016 will continue to apply during the grace period to individuals who do not have leave to enter or remain in the United Kingdom under residence scheme immigration rules and who —

(a)resided lawfully in the United Kingdom by virtue of those regulations immediately before IP completion day (see section 39 of the Act),
(b)had a right of permanent residence in the United Kingdom by virtue of those regulations at any point in the 5 years preceding that date, or
(c)are family members of such persons.
The grace period is the period beginning immediately after IP completion day and ending with the application deadline (30th June 2021).

Regulation 4 relates to individuals who have made applications for residence status on or before the application deadline but whose application has not been finally determined by that date. Regulation 4 provides that certain provisions of the EEA Regulations 2016 continue to apply to such individuals until their application has been finally determined. “Finally determined” includes an application being successful or exhausting any rights of appeal that the individual may have.

Regulations 5 to 10 specify the provisions of the EEA Regulations 2016 that continue to apply, and any relevant modifications. The modifications ensure that the EEA Regulations 2016 continue to operate appropriately after IP completion day and reflect a number of judgments as to how those Regulations should be interpreted and applied.

Regulation 13 provides that where a question arises as to whether the EEA Regulations 2016 continue to apply to a person, it is for that person to show that they do.

[Miss-Suz]

Good afternoon all,
Snooky I desperately need your help. Please advise me on this matter.
I made an application for EU settlement scheme on the 1st of July 2019 received my COA on the 10th of July. A month before that (Jun 2019) I applied for family private life. I included my 12 years old son in both application. Let me tell you I have an 8 years old British daughter. Their father passed away ( my husband) in 2017.
In March 2020 I received an email from the Home office asking me which application I wanted them to considered. I choose the UE settlement scheme, a week later they refunded me £4205 (fees).
After 14 months I started to chase them by sending complaints, My Mp also wrote to them. I told them that I am depressed, I started to develop chronic illness and I feel like life is no more for me. What they did is to contact social service about me. And sending me letters regarding charities that I can contact about my situation and to wait for them to send me a decision.
I then decided to apply for DRF1 on the 1st of November. I just received my biometric letter.
A case worker called me today, I couldn’t answer he then sent me an email saying I have to reply for private family life before they take decisions on my EUSS case. I am going to copy that email for you to see.
Please guys I am lost after waiting more than 16 months this is what they came with.
I need you guys to give me ideas or Snooky can you please write a good reply for me to send them?

[mummy21]

Hi everyone

I was constantly posting on the other thread. I may have posted once or twice on this new one after the old one was locked. I will be truthful and say I lost hope and got so confused with all the things everyone was saying.

I applied on the 1st July 2019 and received my COA on the 8th August 2019. In February 2020 I received a request for more information. Meanwhile I had run out of maternity pay for my son in October 2019 and became homeless and destitute. I was advised to contact Praxis. They helped me get temporary accommodation and apply for Leave to remain (FRP) and a fee waiver. I submitted the Leave to remain application in July/August 2020.

I requested my documents back from the EUSS in June and recoeved them all back in September 2020. I didn't expect anything to happen for the EU application and expected to hear from my domestic application first.

Until today, I checked my email today and was told I had a decision for my EUSS application. I almost didn't open it as I was sure it was declined. Only to decide to reopen the email and read the decision as it didn't matter if it was negative I already had a pending application.

The letter was positive everyone. I was granted stay until November 2024. I only now need to apply for the restriction for benefits to be lifted. God is good everyone

Thank you so much to everybody who helped and shared their stories here.I am so happy and relieved. I thought my Leave to remain application would nullify my EU application. I did not have Zambrano status prior to this application


I stop

[mummy21]

To think my only motivation for opening the email was to check what the appeal procedure was. I am beyond shocked.

[lolwe]

Hi everyone

I was constantly posting on the other thread. I may have posted once or twice on this new one after the old one was locked. I will be truthful and say I lost hope and got so confused with all the things everyone was saying.

I applied on the 1st July 2019 and received my COA on the 8th August 2019. In February 2020 I received a request for more information. Meanwhile I had run out of maternity pay for my son in October 2019 and became homeless and destitute. I was advised to contact Praxis. They helped me get temporary accommodation and apply for Leave to remain (FRP) and a fee waiver. I submitted the Leave to remain application in July/August 2020.

I requested my documents back from the EUSS in June and recoeved them all back in September 2020. I didn't expect anything to happen for the EU application and expected to hear from my domestic application first.

Until today, I checked my email today and was told I had a decision for my EUSS application. I almost didn't open it as I was sure it was declined. Only to decide to reopen the email and read the decision as it didn't matter if it was negative I already had a pending application.

The letter was positive everyone. I was granted stay until November 2024. I only now need to apply for the restriction for benefits to be lifted. God is good everyone

Thank you so much to everybody who helped and shared their stories here.I am so happy and relieved. I thought my Leave to remain application would nullify my EU application. I did not have Zambrano status prior to this application


I stop

Congrats, Mummy. Was your EUSS application submitted under the Zambrano carer category? Is your child's parent European (not British)?

[lolwe]

A case worker called me today, I couldn’t answer he then sent me an email saying I have to reply for private family life before they take decisions on my EUSS case. I am going to copy that email for you to see.

That is shocking.

[lolwe]

What happens if a Zambrano carer with an EU residence card leaves the UK for the Christmas holidays and then returns on 2 January 2021?

Will the Border agents allow the Zambrano carer in to the UK?

What if the agent refuses entry?

What are the Zambrano carer's appeal rights?

Also, EU citizens without EUSS documents face deportation from July 2021. Do Zambrano carers face deportation from January 2021 or from July 2021 like the EU citizens?

It would be good if MPs could raise these concerns in Parliament before the break.

Hi lolwe
This might answer your questions
https://www.legislation.gov.uk/uksi/202 ... tents/made
I am still reading through

Hi Innerpeace,

Thank you for the link!

The Secretary of State makes the following Regulations in exercise of the powers conferred by

• section 7(1) and (4) of, and paragraph 12 of Schedule 4 to,

• the European Union (Withdrawal Agreement) Act 2020(1)

The European Union (Withdrawal Agreement) Act 2020 does not apply to Zambrano carers.

[mummy21]

Hi everyone

I was constantly posting on the other thread. I may have posted once or twice on this new one after the old one was locked. I will be truthful and say I lost hope and got so confused with all the things everyone was saying.

I applied on the 1st July 2019 and received my COA on the 8th August 2019. In February 2020 I received a request for more information. Meanwhile I had run out of maternity pay for my son in October 2019 and became homeless and destitute. I was advised to contact Praxis. They helped me get temporary accommodation and apply for Leave to remain (FRP) and a fee waiver. I submitted the Leave to remain application in July/August 2020.

I requested my documents back from the EUSS in June and recoeved them all back in September 2020. I didn't expect anything to happen for the EU application and expected to hear from my domestic application first.

Until today, I checked my email today and was told I had a decision for my EUSS application. I almost didn't open it as I was sure it was declined. Only to decide to reopen the email and read the decision as it didn't matter if it was negative I already had a pending application.

The letter was positive everyone. I was granted stay until November 2024. I only now need to apply for the restriction for benefits to be lifted. God is good everyone

Thank you so much to everybody who helped and shared their stories here.I am so happy and relieved. I thought my Leave to remain application would nullify my EU application. I did not have Zambrano status prior to this application


I stop

Congrats, Mummy. Was your EUSS application submitted under the Zambrano carer category? Is your child's parent European (not British)?

Thank you lolwe.
Yes I applied under the Zambrano Carer category as I am a non- EU national and my son is a British citizen. I did not have Zambrano Carer status prior to my application, I had just overstayed my Tier 4 Visa.

[Miss-Suz]

Dear...

We are sorry to hear of your loss and appreciate that this is a difficult time for you and your children. In your complaint you tell us you have health and welfare issues, we have noted these and have passed them on to the appropriate team. If you think you do need support, I hope you will consider approaching your doctor and the health and welfare services in your local area.
There is support available and further information and advice can be found on the National Health Service website: https://www.nhs.uk/

You may also wish to approach some of the charities available on the internet including https://www.mind.org.uk/

I do appreciate that this is a loss for your children as well. If they are in need of support you may like to look at the information which is published by the NHS for charities which are available specifically for children at https://www.nhs.uk/conditions/stress-an ... reavement/

You applied for status in the UK using the Family/Private Life 10 year route on 7 May 2019. You then applied for status under the EU settlement scheme on 27 June 2019. Both of these applications are considered in line with requirements laid down in the Immigration Rules.

An applicant can generally only have one valid application for leave under the Immigration Rules outstanding at any one time. If an applicant has an application pending under another part of the Immigration Rules, in your case under the Family/Private Life route, and then makes an application under the scheme, the original application will normally be varied by the scheme application and will no longer be considered. However, this department contacted you to ask which application you wished us to consider and you requested for your Family and private life application to be closed in favour of your EUSS application.

Unfortunately, the caseworker who contacted you was not familiar with the route of the Scheme you had applied under and the requirements that must be met. Under the Zambrano route of the Scheme applicants must show that all other available avenues to acquire status in the UK have been explored before making such an application. Therefore, you are unable to qualify for status under the scheme until an application under the Family and Private life route has been considered first.

Given that you have received incorrect advice from this Department, although well intentioned, we feel it would be inappropriate to refuse your Zambrano application on the basis that a Family and Private Life application has not yet been considered. Therefore, we advise that you re-submit your Family and Private Life application and, once received, we will close your Scheme application rather than refusing it. By leaving your Scheme application open until the correct application has been re-submitted your 3C leave will not be affected.

We will give you 28 days to re-submit your Family and Private life 10 year route application and if you require any further assistance or information we will endeavour to assist you with this process.

Apologies for the confusion this has caused.

Yours sincerely

[Miss-Suz]

A case worker called me today, I couldn’t answer he then sent me an email saying I have to reply for private family life before they take decisions on my EUSS case. I am going to copy that email for you to see.

That is shocking.

It is my dear

[lolwe]

Hi everyone

I was constantly posting on the other thread. I may have posted once or twice on this new one after the old one was locked. I will be truthful and say I lost hope and got so confused with all the things everyone was saying.

I applied on the 1st July 2019 and received my COA on the 8th August 2019. In February 2020 I received a request for more information. Meanwhile I had run out of maternity pay for my son in October 2019 and became homeless and destitute. I was advised to contact Praxis. They helped me get temporary accommodation and apply for Leave to remain (FRP) and a fee waiver. I submitted the Leave to remain application in July/August 2020.

I requested my documents back from the EUSS in June and recoeved them all back in September 2020. I didn't expect anything to happen for the EU application and expected to hear from my domestic application first.

Until today, I checked my email today and was told I had a decision for my EUSS application. I almost didn't open it as I was sure it was declined. Only to decide to reopen the email and read the decision as it didn't matter if it was negative I already had a pending application.

The letter was positive everyone. I was granted stay until November 2024. I only now need to apply for the restriction for benefits to be lifted. God is good everyone

Thank you so much to everybody who helped and shared their stories here.I am so happy and relieved. I thought my Leave to remain application would nullify my EU application. I did not have Zambrano status prior to this application


I stop

Congrats, Mummy. Was your EUSS application submitted under the Zambrano carer category? Is your child's parent European (not British)?

Thank you lolwe.
Yes I applied under the Zambrano Carer category as I am a non- EU national and my son is a British citizen. I did not have Zambrano Carer status prior to my application, I had just overstayed my Tier 4 Visa.

Thanks, Mummy.

You are more than a Zambrano carer if your child's father is European (non British). I understand that you are a non EU national. I understand your son is British. But if your child's father is European, it puts you in another category. I hope that makes sense.

I would say that you had Zambrano status but you did not have the derivative residence document. That is what I have been trying to say. Zambrano carers don't need the document to be considered Zambrano carers. You just have to meet the rules.

[lolwe]

A case worker called me today, I couldn’t answer he then sent me an email saying I have to reply for private family life before they take decisions on my EUSS case. I am going to copy that email for you to see.

That is shocking.

It is my dear

You really should forward that email to your local MP. The PHSO should also be made aware of what is happening.

Given the shortage of time, you may want to send them a pre action protocol (PAP) letter threatening court action if they do not make a decision.

[mummy21]

Yes I did not have a derivative residence card. My son's father is a non-EU national with indefinite leave which makes my son a British national. I only made an EUSS application and not a DRF1 one.

[lolwe]

Yes I did not have a derivative residence card. My son's father is a non-EU national with indefinite leave which makes my son a British national. I only made an EUSS application and not a DRF1 one.

Then you are certainly a Zambrano carer.

You applied for EUSS in July 2019. At that time, you did not have leave to remain under Appendix FM. Therefore, at the time you applied for settlement, you met the requirements for settlement under Appendix EU. That must be why they agreed to give you settlement under Appendix EU.

It is a great point for people who may not realise it is their status at the time of application that matters most, apparently.

Other people have leave to remain under Appendix FM at the time they apply for settlement. Your case is a bit different. Thank you for sharing your story

[Miss-Suz]

A case worker called me today, I couldn’t answer he then sent me an email saying I have to reply for private family life before they take decisions on my EUSS case. I am going to copy that email for you to see.

That is shocking.

It is my dear

You really should forward that email to your local MP. The PHSO should also be made aware of what is happening.

Given the shortage of time, you may want to send them a pre action protocol (PAP) letter threatening court action if they do not make a decision.

Thank you so much my dear This is exactly what I am going to do

[lolwe]

Make a complaint about the Home Office (UKVI)

https://www.gov.uk/government/organisat ... -procedure

https://www.gov.uk/complain-uk-visas-immigration

Contact your local MP

https://members.parliament.uk/members/commons

Make a complaint to the PHSO (Parliamentary and Health Service Ombudsman)

https://www.ombudsman.org.uk/sites/defa ... 202020.pdf

By law, we can only look at complaints about UK government departments and other UK public organisations if a Member of Parliament (MP) refers the complaint to us. You can complete our complaint form and ask an MP or their office to sign it.

MPs will consider all complaints, no matter how big or small - from problems with a benefit or tax office to concerns you have about the DVLA or an immigration issue.

You can find MPs' contact details at parliament.uk.

Guidance: Resolve a dispute with the Home Office through the pre-action protocol

https://www.gov.uk/government/publicati ... ial-review

[lolwe]

Under the Zambrano route of the Scheme applicants must show that all other available avenues to acquire status in the UK have been explored before making such an application.

This statement is key. Appendix EU does not say this. Their guidance does not say this. Here is what the guidance says.

Home Office Guidance on EUSS for Zambrano Carers

https://assets.publishing.service.gov.u ... gov-uk.pdf

You must first establish whether the applicant has leave to enter or remain under the Immigration Rules (unless this was granted under Part 1 of Appendix EU).

An applicant cannot meet the definition of ‘person with a Zambrano right to reside’ if they have (or, as the case may be, had) THIS SEEMS WRONG leave to enter or remain granted under another part of the Immigration Rules.

If the applicant does (or did) AGAIN, SEEMS WRONG, NOT IN APPENDIX EU have leave to enter or remain granted under another part of the Immigration Rules you must refuse the application with reference to part (b) of the definition of ‘person with a Zambrano right to reside’ within Annex 1 to Appendix EU.

If, at the point of decision, that leave to enter or remain has less than 28 days until its expiration date, you must also consider whether the relevant British citizen will be compelled to leave the UK or EEA if leave to enter or remain under the EU Settlement Scheme is not granted to their primary carer(s).

If the applicant does not have leave under another part of the Immigration Rules you must then go on to consider whether the applicant is an exempt person in line with regulation 16(7)(c).

...

If they are not an ‘exempt person’, then you must move on to consider whether they meet other relevant eligibility criteria set out below for leave under the scheme as a ‘person with a Zambrano right to reside’.

Eligibility Criteria for Indefinite Leave under EUSS
(a) The applicant:
(v) is a person with a Zambrano right to reside
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred