Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Betrice]

Hi Family here
Thank Lolwe for your reply, I think I will take that action to do administrative review.
God bless

[Sebel]

If he was born in England or Wales, you can apply to the GRO for a certified copy.
https://www.gro.gov.uk/gro/content/

Possible Service Delays
Coronavirus

Due to Covid-19, certificate orders will not be completed within the published timescales
https://www.gro.gov.uk/gro/content/cert ... /login.asp

Please what is GRO index reference number?

https://www.gro.gov.uk/gro/content/cert ... es/CG4.pdf

The GRO reference number is:- the quarter his birth is recorded (March, June, Sept or Dec, but sometimes they are recorded in the next quarter if they are registered near to a quarter end), year, district, volume number and page number (of the registration). When you registered his birth, this would have been written by the registrar in the volume they were using at the time and on the page number for that day. I don't know if it is possible to phone your registrar office and ask for his GRO ref no.

If you don't know his GRO reference, you could put his date of birth and the district he was born in; the district will be on the photocopy of his birth certificate. A GRO staff member will have look up his GRO reference to be able to send a certified birth certificate.

Thanks @JB007.God bless you.

[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

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.

Thank you. If I apply for fee waiver for further LTR while waiting for administrative review would it vary my EUSS application?

[Chenai]

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

How did you manage to submit appeal in April when they say 14 days. I did not submit appeal because I missed the deadline. Only saw the email with 1 day left for a AR deadline so I just submitted a hurried AR.

[Chenai]

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

How did you manage to submit appeal in April when they say 14 days. I did not submit appeal because I missed the deadline. Only saw the email with 1 day left for a AR deadline so I just submitted a hurried AR.

Are the guidelines for skeleton arguement on this thread, please on which page?

[Chenai]

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 “

Done it thank you.

[Chenai]

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.

Hi @ lolwe can you apply for fee waiver on ILR under LOTR as the home office says when applying for ILR there is no fee waiver.

[Chenai]

I HAVE JUST RECEIVED THIS AR REFUSAL TODAY

Thank you for your application for an administrative review of the decision of 22 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 pre-settled or settled status under the EU Settlement Scheme. The reasons given in the original decision were correct and continue to apply.
Within your administrative review you have stated that you applied for a derivative residence card in 2015 as a person with a Zambrano right to reside; this application was refused and you lodged an appeal. You state that whilst you were waiting for your court date, you made an application for limited leave to remain under the parent route and this was granted. You further state that you then went to court and won your appeal for Zambrano and it was granted in October 2015, thus, you are a person who had or has a Zambrano right to reside.
You claim that you applied under the EU Settlement Scheme based on your derivative residence document that was stamped in your passport. You add that the Home Office refused your application stating that you do not qualify as a person with a Zambrano right to reside; this is wrong as at the time of your application you had a valid derivative residence card and it is still valid until 26 October 2020. You further claim that this proves you have a Zambrano right to reside.
You have cited from the definition of a person who had a derivative or Zambrano right to reside from Annex 1 of Appendix EU. You claim that this applies to your situation and you should be considered under EU Settlement Scheme.
It is acknowledged that you are the primary carer of a British Citizen. However, in order to qualify for pre-settled or settled status under the EU Settlement Scheme as a person with a Zambrano right to reside is only available to those where the British citizen would be compelled to leave. Therefore, you must not hold leave to enter or remain in the UK granted under another part of the immigration rules, or have a
CCWD - Admin Review 3 PO Box 663
SALFORD
M5 0LW
Tel 0300 123 2241
Web www.gov.uk/uk-visas-immigration

realistic prospect of success if you were to apply. This is because a Zambrano right to reside is only available to a person who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or as a dependant of that primary carer.
Home Office records show that on 26 October 2015 you were granted a derivative residence card as a Zambrano carer which expired on 26 October 2020. However, Home Office records also show that on 14 May 2018 you were granted limited leave to remain on the ten-year parent route under Appendix FM of the Immigration Rules, which expired on 14 November 2020.
Although, it is noted that you have not made any further Appendix FM applications, it is considered that as your previous applications under Appendix FM have been successful, and your circumstances have not changed, that if you were to make a further Appendix FM application, then it would have a realistic prospect of success. Therefore, it is deemed that the British citizen is not being compelled to leave as you have other lawful means to remain in the UK and thus cannot meet the definition of a person who holds or has previously held a derivative or Zambrano right to reside as per the definitions outlined under Annex 1 of Appendix EU to the Immigration Rules.
In conclusion, you do not meet the requirements for either pre-settled status under EU14 or settled status under EU11 of Appendix EU. The original decision to refuse your application under EU6 was correct and has been maintained.
Consideration has also been given to Section 55 of the Borders, Citizenship and Immigration Act 2009 (Duty regarding the welfare of children). The duty to have regard to the need to safeguard and promote the welfare of children requires UK Visas and Immigration to consider the effect on any children of a decision to refuse leave, or remove, against the need to maintain the integrity of the immigration
control. Our aim is always to carry out enforcement of the Immigration Rules with the minimum possible interference with a family’s private life, and in particular to enable a family to maintain continuity of care and development of the children in ways that are compatible with the immigration laws. In the particular circumstances of your case, your child is not being compelled to leave the UK as they are a British Citizen and it
is open to you to submit a further application under Appendix FM. Based on your previous grant of leave under this route, it is considered that if you were to submit an application of this kind, it would have a realistic chance of succeeding and your family unit will be maintained and the best interests of the child can continue to be met.
What this means for you
You do not have a further right to an administrative review of this decision.
If you have additional information or evidence that shows you meet the requirements, you can make another application under the EU Settlement Scheme at any time online at: https://apply-for-eu-settled-status.homeoffice.gov.uk. Applications are free of charge and you have until 30 June 2021 to apply. You will need to provide any evidence requested.
Next steps
If you have not already appealed the original decision of 22 September 2020 you may do so now.
If you are in the UK on the date of this decision, 16 November 2020, you have 14 calendar days from this date to appeal. If you are outside the UK on the date of this

decision,

[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.

Thank you. If I apply for fee waiver for further LTR while waiting for administrative review would it vary my EUSS application?

Hi Chenai, Unfortunately, I can not answer your question with 100% certainty. My understanding is that if you have an application and then submit another application that you invalidate the first application. I believe a fee waiver would be considered part of a new application. You may want to contact the Home Office.

[lolwe]

I HAVE JUST RECEIVED THIS AR REFUSAL TODAY

It is acknowledged that you are the primary carer of a British Citizen.

However, in order to qualify for pre-settled or settled status under the EU Settlement Scheme as a person with a Zambrano right to reside is only available to those where the British citizen would be compelled to leave.

Therefore, you must not hold leave to enter or remain in the UK granted under another part of the immigration rules, or have a realistic prospect of success if you were to apply.

This is because a Zambrano right to reside is only available to a person who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or as a dependant of that primary carer.

Virtually any Zambrano carer would succeed under Appendix FM. Appendix FM was around when you applied for status as a Zambrano carer. If what the Home Office says is true, they should never have granted you status as a Zambrano carer because you could have applied under Appendix FM.

It does not make sense for them to refuse you settlement, when they have approved other Zambrano carers. It seems your case will simply have to go to court.

You have finished the Administrative Review. The next step is to challenge the decision in court.

[lolwe]

Have you considered ending your LTR under Appendix FM early?

I am not sure if this idea is valid.

The problem
Zambrano carers who currently have limited leave to remain under Appendix FM are rejected for settlement under Appendix EU.

Potential solution
Write a letter to the Home Office asking them to cancel your limited leave to remain under Appendix FM immediately?

That should, in theory, mean you are a Zambrano carer currently without leave to remain. If you request cancellation, I do not see how they could keep the status, but I could be wrong.

@ lol we, thank you for putting the link on withdrawal bill, i am an Ibrahim & Teixeira holder, my daughter have settled status, i have applied 4 months ago, there is no response from EUSS, can i send a PAP to them? Please can you put up a PAP letter here, this will help me and other people who may want to do the same. Is there any laws which cover people on Ibrahim & Teixeira derivative right in the EU Withdrawal bill and Appendix EU? Please i will really appreciate it if you can respond to my post.

Hi Star,

Here is an outline of the letter

To: Home Office
From: Claimant in Person

Claimant's information
Full name
Date of Birth
Nationality
Address
Post Code

Child's information
Full name
Date of Birth
Nationality
Address
Post Code

Further information
The Home Office reference No: ???
Type of Claim: EUSS - Appendix EU
Date of application : ???
Is this Pre-Action Protocol proforma being submitted within 3 months of date of the applicaiton: NO

The details of the matter being challenged
Set out clearly the matter being challenged: I applied 4 months ago, there is no response from EUSS.

The issue

• why it is wrong: ???

The details of the action that you want the Home Office to take
I want the Home Office to decide my application under Appendix EU.

• The address for reply: ???

• Proposed reply date: ???

Email the letter to the following Home Office email address UKVIPAP@homeoffice.gsi.gov.uk

Regarding your second question, "Is there any laws which cover people on Ibrahim & Teixeira derivative right in the EU Withdrawal bill and Appendix EU?" That is a great question. Unfortunately, the moderators don't want people to discuss categories that are not Zambrano on this thread. If you post your question on another thread, or create your own, I can offer my thoughts. Take care

[Chenai]

I HAVE JUST RECEIVED THIS AR REFUSAL TODAY

It is acknowledged that you are the primary carer of a British Citizen.

However, in order to qualify for pre-settled or settled status under the EU Settlement Scheme as a person with a Zambrano right to reside is only available to those where the British citizen would be compelled to leave.

Therefore, you must not hold leave to enter or remain in the UK granted under another part of the immigration rules, or have a realistic prospect of success if you were to apply.

This is because a Zambrano right to reside is only available to a person who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or as a dependant of that primary carer.

Virtually any Zambrano carer would succeed under Appendix FM. Appendix FM was around when you applied for status as a Zambrano carer. If what the Home Office says is true, they should never have granted you status as a Zambrano carer because you could have applied under Appendix FM.

It does not make sense for them to refuse you settlement, when they have approved other Zambrano carers. It seems your case will simply have to go to court.

You have finished the Administrative Review. The next step is to challenge the decision in court.

@ lolwe Do you know the page I can find ideas for skeleton arguement or if you can give me ideas please. At least my clock won’t go back if I lodge an appeal I will still be lawful in this country but I will still apply for LTR once I receive my fee waiver decision. You never know, the home office might say my 14 days late application are over

[star31]

I HAVE JUST RECEIVED THIS AR REFUSAL TODAY

It is acknowledged that you are the primary carer of a British Citizen.

However, in order to qualify for pre-settled or settled status under the EU Settlement Scheme as a person with a Zambrano right to reside is only available to those where the British citizen would be compelled to leave.

Therefore, you must not hold leave to enter or remain in the UK granted under another part of the immigration rules, or have a realistic prospect of success if you were to apply.

This is because a Zambrano right to reside is only available to a person who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or as a dependant of that primary carer.

Virtually any Zambrano carer would succeed under Appendix FM. Appendix FM was around when you applied for status as a Zambrano carer. If what the Home Office says is true, they should never have granted you status as a Zambrano carer because you could have applied under Appendix FM.

It does not make sense for them to refuse you settlement, when they have approved other Zambrano carers. It seems your case will simply have to go to court.

You have finished the Administrative Review. The next step is to challenge the decision in court.

@ lolwe Do you know the page I can find ideas for skeleton arguement or if you can give me ideas please. At least my clock won’t go back if I lodge an appeal I will still be lawful in this country but I will still apply for LTR once I receive my fee waiver decision. You never know, the home office might say my 14 days late application are over

@lolwe thank you for your kindness to help, i will post it in a different thread, i hope you will see it and answer.

[star31]

Have you considered ending your LTR under Appendix FM early?

I am not sure if this idea is valid.

The problem
Zambrano carers who currently have limited leave to remain under Appendix FM are rejected for settlement under Appendix EU.

Potential solution
Write a letter to the Home Office asking them to cancel your limited leave to remain under Appendix FM immediately?

That should, in theory, mean you are a Zambrano carer currently without leave to remain. If you request cancellation, I do not see how they could keep the status, but I could be wrong.

@ lol we, thank you for putting the link on withdrawal bill, i am an Ibrahim & Teixeira holder, my daughter have settled status, i have applied 4 months ago, there is no response from EUSS, can i send a PAP to them? Please can you put up a PAP letter here, this will help me and other people who may want to do the same. Is there any laws which cover people on Ibrahim & Teixeira derivative right in the EU Withdrawal bill and Appendix EU? Please i will really appreciate it if you can respond to my post.

Hi Star,

Here is an outline of the letter

To: Home Office
From: Claimant in Person

Claimant's information
Full name
Date of Birth
Nationality
Address
Post Code

Child's information
Full name
Date of Birth
Nationality
Address
Post Code

Further information
The Home Office reference No: ???
Type of Claim: EUSS - Appendix EU
Date of application : ???
Is this Pre-Action Protocol proforma being submitted within 3 months of date of the applicaiton: NO

The details of the matter being challenged
Set out clearly the matter being challenged: I applied 4 months ago, there is no response from EUSS.

The issue

• why it is wrong: ???

The details of the action that you want the Home Office to take
I want the Home Office to decide my application under Appendix EU.

• The address for reply: ???

• Proposed reply date: ???

Email the letter to the following Home Office email address UKVIPAP@homeoffice.gsi.gov.uk

Regarding your second question, "Is there any laws which cover people on Ibrahim & Teixeira derivative right in the EU Withdrawal bill and Appendix EU?" That is a great question. Unfortunately, the moderators don't want people to discuss categories that are not Zambrano on this thread. If you post your question on another thread, or create your own, I can offer my thoughts. Take care

@ lolwe thank you for your kindness to help, i will post it in a different thread, i hope you will see it and reply me.

[star31]

@ lolwe i have posted it in Chen vs Ibrahim and Teixeira thread, please i will look forward to your response.

[lolwe]

@ lolwe Do you know the page I can find ideas for skeleton arguement or if you can give me ideas please. At least my clock won’t go back if I lodge an appeal I will still be lawful in this country but I will still apply for LTR once I receive my fee waiver decision. You never know, the home office might say my 14 days late application are over

Hi Chenai, You appear to be a litigant in person. The best plan is to keep it short and simple. A pre action letter is not in and of itself a legal claim - although it will become part of your bundle.

You are just saying,

1.) Here are my details about my case

2.) I want a decision. I need a decision by [this date] for [these reasons].

3.) The Home Office will give you a decision, tell you how much longer it will take or explain why your request is unreasonable.

That's pretty much it. My advice is that a pre action letter about a delayed decision does not require a skeleton argument. A skeleton argument would be too much. Just keep it simple.

For more information on what the court says about PAPs:
https://www.justice.gov.uk/courts/proce ... _jrv#claim

The letter before claim

14. In good time before making a claim, the claimant should send a letter to the defendant. The purpose of this letter is to identify the issues in dispute and establish whether they can be narrowed or litigation can be avoided.

15. Claimants should normally use the suggested standard format for the letter outlined at Annex A. For Immigration, Nationality and Asylum cases, the Home Office has a standardised form which can be used. It can be found online at: https://www.gov.uk/government/publicati ... nce-part-1

16. The letter should contain the date and details of the decision, act or omission being challenged, a clear summary of the facts and the legal basis for the claim. It should also contain the details of any information that the claimant is seeking and an explanation of why this is considered relevant. If the claim is considered to be an Aarhus Convention claim (see Rules 45.41 to 45.44 and Practice Direction 45), the letter should state this clearly and explain the reasons, since specific rules as to costs apply to such claims. If the claim is considered appropriate for allocation to the Planning Court and/or for classification as “significant” within that court, the letter should state this clearly and explain the reasons.

17. The letter should normally contain the details of any person known to the claimant who is an Interested Party. An Interested Party is any person directly affected by the claim. 5 They should be sent a copy of the letter before claim for information. Claimants are strongly advised to seek appropriate legal advice when considering proceedings which involve an Interested Party and, in particular, before sending the letter before claim to an Interested Party or making a claim.

18. A claim should not normally be made until the proposed reply date given in the letter before the claim has passed, unless the circumstances of the case require more immediate action to be taken. The claimant should send the letter before claim in good time so as to enable a response which can then be taken into account before the time limit for issuing the claim expires, unless there are good reasons why this is not possible.

19. Any claimant intending to ask for a protective costs order (an order that the claimant will not be liable for the costs of the defendant or any other party or to limit such liability) should explain the reasons for making the request, including an explanation of the limit of the financial resources available to the claimant in making the claim.

[lolwe]

What is a pre action letter?

A Pre-Action letter, also known as a 'letter before action', is just a letter that gives the person(s) you are arguing with an opportunity to solve the problem(s) before you take them to court.

The other party just needs to know background information about you or your account, what your problem is, what you want the other party to do about the problem, and how long they have to respond before you go to court.

Pre action letters work best if written in plain, simple English.

[Sebel]

I HAVE JUST RECEIVED THIS AR REFUSAL TODAY

It is acknowledged that you are the primary carer of a British Citizen.

However, in order to qualify for pre-settled or settled status under the EU Settlement Scheme as a person with a Zambrano right to reside is only available to those where the British citizen would be compelled to leave.

Therefore, you must not hold leave to enter or remain in the UK granted under another part of the immigration rules, or have a realistic prospect of success if you were to apply.

This is because a Zambrano right to reside is only available to a person who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or as a dependant of that primary carer.

Virtually any Zambrano carer would succeed under Appendix FM. Appendix FM was around when you applied for status as a Zambrano carer. If what the Home Office says is true, they should never have granted you status as a Zambrano carer because you could have applied under Appendix FM.

It does not make sense for them to refuse you settlement, when they have approved other Zambrano carers. It seems your case will simply have to go to court.

You have finished the Administrative Review. The next step is to challenge the decision in court.

@ lolwe Do you know the page I can find ideas for skeleton arguement or if you can give me ideas please. At least my clock won’t go back if I lodge an appeal I will still be lawful in this country but I will still apply for LTR once I receive my fee waiver decision. You never know, the home office might say my 14 days late application are over

Check on page 35 or so. Start from there. @lulubaby could be of help as she noted the pages.

[Betrice]

I am a primary career of a british child, I applied 11 months ago for a zambrano permanent settlement because I have been primary career to my child for more than 5 years now.My application has been refused because I have another way of getting status and they stated I should rely on it.
My visa was under Private life 10years route, which was broken down into 2.5year my visa has already expired, they offer me administrative review, or to apply through my route that I had before 10years route Private life or I should give them evidence that I do not have any lawful means of obtaining leave to remain.
My worries is my visa is now expired Because I was waiting for this application under Eu settlement scheme, I phoned HO before to explain my situation I informed them my visa has expired they advised me to keep waiting from Eu resolution centre
Please your advise will be welcomed.
Thank you

Hi Betrice, The HO is right. You should apply for administrative review. You are a Zambrano carer who does not currently have leave to remain under Appendix FM. As long as your EU settlement application under Appendix EU remains active, you are in the UK legally. If they refuse your Administrative Review, you should file a claim in court (like a lot of other Zambrano carers). As long as you have a pending legal claim, your immigration status in the UK remains unchanged. It is only when you have finished challenging the Home Office or the courts finally rule, that you have to worry about your expired status under LTR.

Imagine if people became "illegal" once their ltr was refused but they still were waiting for resolution on their EU settlement scheme application? It would create chaos. The Home Office know this, which is why they keep your status as lawful until you have exhausted all possible options - provided you started the process before your LTR expired.

Thank you Lolwe is administrative review helpful or is just a process I have to follow before I get to court, because I don't think they will change their decision just because now I have seen they want me to apply through Appendix FM I have spoken to them and they insisted not to waste my money to appel as the appendix FM is still available for me and for that reason I do no meet appendix EU.

What evidence do you think it will be useful for me to present at this administrative review it seems like they are not going to change their decision.

They knew my visa was expired because I phoned them to express my feeling and worries about my expired visa that was before they made decision

I don't know how I will be able to win this is any one has experience about administrative review and win the case and how did they present aa a fresh evidence.
Thank you

[lolwe]

I am a primary career of a british child, I applied 11 months ago for a zambrano permanent settlement because I have been primary career to my child for more than 5 years now.My application has been refused because I have another way of getting status and they stated I should rely on it.
My visa was under Private life 10years route, which was broken down into 2.5year my visa has already expired, they offer me administrative review, or to apply through my route that I had before 10years route Private life or I should give them evidence that I do not have any lawful means of obtaining leave to remain.
My worries is my visa is now expired Because I was waiting for this application under Eu settlement scheme, I phoned HO before to explain my situation I informed them my visa has expired they advised me to keep waiting from Eu resolution centre
Please your advise will be welcomed.
Thank you

Hi Betrice, The HO is right. You should apply for administrative review. You are a Zambrano carer who does not currently have leave to remain under Appendix FM. As long as your EU settlement application under Appendix EU remains active, you are in the UK legally. If they refuse your Administrative Review, you should file a claim in court (like a lot of other Zambrano carers). As long as you have a pending legal claim, your immigration status in the UK remains unchanged. It is only when you have finished challenging the Home Office or the courts finally rule, that you have to worry about your expired status under LTR.

Imagine if people became "illegal" once their ltr was refused but they still were waiting for resolution on their EU settlement scheme application? It would create chaos. The Home Office know this, which is why they keep your status as lawful until you have exhausted all possible options - provided you started the process before your LTR expired.

Thank you Lolwe is administrative review helpful or is just a process I have to follow before I get to court, because I don't think they will change their decision just because now I have seen they want me to apply through Appendix FM I have spoken to them and they insisted not to waste my money to appel as the appendix FM is still available for me and for that reason I do no meet appendix EU.

What evidence do you think it will be useful for me to present at this administrative review it seems like they are not going to change their decision.

They knew my visa was expired because I phoned them to express my feeling and worries about my expired visa that was before they made decision

I don't know how I will be able to win this is any one has experience about administrative review and win the case and how did they present aa a fresh evidence.
Thank you

Hi Betrice, AR for Zambrano carers is often just a process you have to follow before you get to court. I agree that they probably will not change their decision.

In terms of evidence, perhaps there are some cases out there of Zambrano carers who went to court and won? Perhaps Zambrano carers on this thread who were successful can share their cases with you?

I don't think you should worry too much about the administrative review. Just file it and focus on your day in court.

You don't have to present fresh evidence. Your argument is that their reasoning is flawed. You would only have to present fresh evidence if their logic was sound. If you currently meet all of the requirements of Appendix EU, they need to give you settlement. I hope that helps

[lolwe]

@ lolwe Do you know the page I can find ideas for skeleton arguement or if you can give me ideas please. At least my clock won’t go back if I lodge an appeal I will still be lawful in this country but I will still apply for LTR once I receive my fee waiver decision. You never know, the home office might say my 14 days late application are over

Hi Chenai, You should know that a lot of people in the derivative categories waited a year or more for a decision on the EU settlement application. Generally, you would give the Home Office six months before sending a pre action letter. Even the PHSO would probably not take your complaint at this point.

Also, the judge will eventually see this letter if it goes to court. Therefore, you may want to be careful about the tone of the letter - the way it sounds to the reader.

For example, if you were waiting for a year and a half for a decision, it makes sense to threaten legal action in two weeks. In your case, however, I would just make the letter sound more like a request for information than a threat of legal action. Just a suggestion.

[Betrice]

I am a primary career of a british child, I applied 11 months ago for a zambrano permanent settlement because I have been primary career to my child for more than 5 years now.My application has been refused because I have another way of getting status and they stated I should rely on it.
My visa was under Private life 10years route, which was broken down into 2.5year my visa has already expired, they offer me administrative review, or to apply through my route that I had before 10years route Private life or I should give them evidence that I do not have any lawful means of obtaining leave to remain.
My worries is my visa is now expired Because I was waiting for this application under Eu settlement scheme, I phoned HO before to explain my situation I informed them my visa has expired they advised me to keep waiting from Eu resolution centre
Please your advise will be welcomed.
Thank you

Hi Betrice, The HO is right. You should apply for administrative review. You are a Zambrano carer who does not currently have leave to remain under Appendix FM. As long as your EU settlement application under Appendix EU remains active, you are in the UK legally. If they refuse your Administrative Review, you should file a claim in court (like a lot of other Zambrano carers). As long as you have a pending legal claim, your immigration status in the UK remains unchanged. It is only when you have finished challenging the Home Office or the courts finally rule, that you have to worry about your expired status under LTR.

Imagine if people became "illegal" once their ltr was refused but they still were waiting for resolution on their EU settlement scheme application? It would create chaos. The Home Office know this, which is why they keep your status as lawful until you have exhausted all possible options - provided you started the process before your LTR expired.

Thank you Lolwe is administrative review helpful or is just a process I have to follow before I get to court, because I don't think they will change their decision just because now I have seen they want me to apply through Appendix FM I have spoken to them and they insisted not to waste my money to appel as the appendix FM is still available for me and for that reason I do no meet appendix EU.

What evidence do you think it will be useful for me to present at this administrative review it seems like they are not going to change their decision.

They knew my visa was expired because I phoned them to express my feeling and worries about my expired visa that was before they made decision

I don't know how I will be able to win this is any one has experience about administrative review and win the case and how did they present aa a fresh evidence.
Thank you

Hi Betrice, AR for Zambrano carers is often just a process you have to follow before you get to court. I agree that they probably will not change their decision.

In terms of evidence, perhaps there are some cases out there of Zambrano carers who went to court and won? Perhaps Zambrano carers on this thread who were successful can share their cases with you?

I don't think you should worry too much about the administrative review. Just file it and focus on your day in court.

You don't have to present fresh evidence. Your argument is that their reasoning is flawed. You would only have to present fresh evidence if their logic was sound. If you currently meet all of the requirements of Appendix EU, they need to give you settlement. I hope that helps

Ok I understand you, thank you for your time.
God bless.

[lolwe]

CLARIFICATION

Two key points:

1.) People who applied for settlement prior to 31 January 2020, and are applying for judicial review, have a much longer deadline than people applying to the First Tier Tribunal.
2.) The First Tier Tribunal changed their application form. You no longer have to confirm you completed AR.

Per the First Tier Tribunal, as of 15 November 2020 -

Your appeal must be received at the Tribunal not later than 14 Calendar days after you are sent the notice of the decision by the Home Office. You have 14 days to appeal from the date the decision was sent. If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal. Apply online if you can - online appeals are quicker than post or fax appeals.

A. If you know your appeal is late, or you are not sure if it will be received in time, you must apply for an extension of time. Explain why your appeal is late in the box below.

Grounds of your appeal

You must:

• Let us know the reasons you disagree with the decision in the Refusal Letter document.

• Include any information that has not been mentioned in the Notice of Decision and say whether you have raised these issues before.

• Give as much detail as possible and should raise all the grounds of appeal you wish to rely on. The Tribunal is not permitted to consider grounds that you raise which have not been the subject of a decision by the Home Office unless the Home Office agrees to the Tribunal considering those new grounds.

If you have made an application for EU Settlement Scheme leave and your application has been refused or you have been granted pre-settled status but believe you qualify for settled status and believe the decision was not in accordance with settlement scheme rules complete box 6

EEA Decision - limited to 2000 characters

6. If you believe that the Home Office decision is restricting your rights under the EEA right to free movement please explain below why.

If you believe the decision on your EU Settlement Scheme application was not in accordance with the settlement scheme rules please explain why.

On 30 January 2020 and having heard a number of test cases, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) has a derivative right of residence notwithstanding that he or she has not yet made an application under the Immigration Rules and pursuant to Article 8 ECHR.

The upshot is that the novel concept set out in Home Office policy that a Zambrano carer must first make an unsuccessful fee-paid human rights application before an application under the 2016 Regulations can be submitted is unlawful.

Judge Neville also held that the EU Treaties do not demand an applicant be entitled to a permanent right of residence after living continuously in the UK for a period of five years as Zambrano carers.

[lolwe]

Ok I understand you, thank you for your time.
God bless.

Hi Betrice, Thanks for your patience. I was wondering why so many people had questions about the Administrative Review. So, today I went on to the First Tier Tribunal web portal and looked at the application. It has changed. In the past, it would ask you if you completed the administrative review. That's gone now. For years, they always wanted people to go through the administrative review. I think maybe the court now understand that the Home Office is not going to change their mind. Also, I think the court realise the Home Office take too long to do the administrative review. If that is the case, everyone is right. There is little point for a Zambrano carer to do an administrative review!

[lolwe]

DRAFT response for appeal of EUSS refusal based on failure to apply for LTR under Appendix FM - less than 2000 characters

EEA Decision

6. If you believe that the Home Office decision is restricting your rights under the EEA right to free movement please explain below why. If you believe the decision on your EU Settlement Scheme application was not in accordance with the settlement scheme rules please explain why.

The SSHD's refusal is in breach of the appellant’s rights under the EU Treaties, in respect of residence in the United Kingdom. An application for pre-settled or settled status under Appendix EU of the Immigration Rules, should not be refused because the appellant has not yet made an application for leave to remain under Appendix FM of the Immigration Rules (or otherwise pursuant to Article 8 ECHR) on the basis of the relationship with the British citizen child.

The Court of Appeal Patel case led the SSHD to make erroneous updates to the Derivative Residence Card Guidance. The updated guidance redefines a derivative right to reside as a right of last resort. Zambrano, however, is concerned with the circumstances in which a TCN will have a right of residence under EU law.

The test is now whether the TCN is compelled to leave the EU, rather than what would happen if the TCN were so compelled. Despite the Supreme Court's support for the latter position, the guidance still contains legal principles which are ‘unsupported by, and in some cases completely at odds with, previous authority’.

The CJEU has held that article 20 TFEU precludes national measures, including decisions...which have the effect of depriving Union citizens of the genuine enjoyment of the substance of the rights conferred by virtue of their status. The obligation and the jurisdiction to grant residence therefore relies on both Art 20 TFEU and Article 8 ECHR. Accordingly, a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) has a derivative right of residence, notwithstanding that he or she has not yet made an application under the Immigration Rules and pursuant to Article 8 ECHR.