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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Thanks @JB007.God bless you.JB007 wrote: ↑Sun Nov 15, 2020 11:38 amThe 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.JB007 wrote: ↑Sat Nov 14, 2020 6:00 pmSebel wrote: ↑Sat Nov 14, 2020 4:09 pmPlease what is GRO index reference number?JB007 wrote: ↑Sat Nov 14, 2020 2:06 pm
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
https://www.gro.gov.uk/gro/content/cert ... es/CG4.pdf
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.
lolwe wrote: ↑Wed Nov 11, 2020 2:31 pmYou have a current application under EUSS. Although initially refused by the Home Office, the application is still going through the appeals process because it is at the Administrative Review stage.Chenai wrote: ↑Wed Nov 11, 2020 11:30 amMy EUSS was refused. I only found out a day before my right to AR was still valid. I used lot’s of different search terms in junk mail every week but I could not see it. It was by chance that I tried a different term and I got it. I had missed the appeal date. I hurriedly submitted AR with no convincing argument. They still have not responded. It’s the 4th week now and my parent visa is expiring on Sat 14/11 so I don’t want to risk it I want to extend my LTR.I am applying for fee waiver online. How do I submit supporting documents. It says upload at our self scan facility or post but there is no postal address and what is a self scan facility?
Thank you
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.
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.Fustrated2019 wrote: ↑Thu Nov 12, 2020 11:25 amCatalley09 wrote: ↑Wed Nov 11, 2020 11:34 amCongratulations NgooNgoo wrote: ↑Tue Nov 10, 2020 5:51 pmHello everyone!
I am so happy to let you all know that my DFR1 appeal has been allowed.
Timeline:
DFR1 application- 13th of January 2020
Refused- 8th of February 2020
Submitted the appeal- 9th of April 2020
Appeal Allowed - 10th of November 2020
I give God almighty all the glory May his name be glorified forever and ever Amen.
I want to thank Snooky for all his support without him the appeal wouldn’t have been possible. The Judge did state that the skeletal argument was the most helpful documents presented for the appeal. May God almighty bless you and your family beyond your expectations and you will never ever lack nor fail in Jesus Mighty Name Amen.
I also want to say a massive thank you to Mubashir for all the support. May God almighty continue to bless you and your family in Jesus name Amen.
Thank you everyone for all the encouragements. For those of us still waiting for their DFR1 appeal I pray that you will receive the good news very soon. Best of luck.
Can l ask between April and now did you receive anything from the courts coz l emailed my skeleton argument and evidence but l haven’t heard anything only the automatic reply from Hmcts that l have uploaded my evidence successfully
Thanks
Congratulations @ngoo
Are the guidelines for skeleton arguement on this thread, please on which page?Chenai wrote: ↑Mon Nov 16, 2020 12:45 pmHow 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.Fustrated2019 wrote: ↑Thu Nov 12, 2020 11:25 amCatalley09 wrote: ↑Wed Nov 11, 2020 11:34 amCongratulations NgooNgoo wrote: ↑Tue Nov 10, 2020 5:51 pmHello everyone!
I am so happy to let you all know that my DFR1 appeal has been allowed.
Timeline:
DFR1 application- 13th of January 2020
Refused- 8th of February 2020
Submitted the appeal- 9th of April 2020
Appeal Allowed - 10th of November 2020
I give God almighty all the glory May his name be glorified forever and ever Amen.
I want to thank Snooky for all his support without him the appeal wouldn’t have been possible. The Judge did state that the skeletal argument was the most helpful documents presented for the appeal. May God almighty bless you and your family beyond your expectations and you will never ever lack nor fail in Jesus Mighty Name Amen.
I also want to say a massive thank you to Mubashir for all the support. May God almighty continue to bless you and your family in Jesus name Amen.
Thank you everyone for all the encouragements. For those of us still waiting for their DFR1 appeal I pray that you will receive the good news very soon. Best of luck.
Can l ask between April and now did you receive anything from the courts coz l emailed my skeleton argument and evidence but l haven’t heard anything only the automatic reply from Hmcts that l have uploaded my evidence successfully
Thanks
Congratulations @ngoo
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.Mecry2020 wrote: ↑Thu Nov 12, 2020 11:56 amHi @ lolwe,lolwe wrote: ↑Wed Nov 11, 2020 2:22 pmCost is not a good argument for LOTR. The judge will tell you to apply for a fee waiver.Mecry2020 wrote: ↑Wed Nov 11, 2020 10:17 amThanks @lolwelolwe wrote: ↑Wed Nov 11, 2020 9:49 am
Hi Mecry2020,
You can send in the letter anytime. A good time may be when you apply for Administrative Review. You can also apply when you send in a new application for settlement under the EU settlement scheme.
If you apply for LTR again, you can ask them to give you indefinite leave to remain immediately as part of a LOTR request.
You can also apply using form Set(O). You can pay extra to apply for same day service. This option is expensive and does not have a right of appeal.
Have you been in the UK legally for 10 years? How much longer do you have under Appendix FM?
When you write the letter, think of the judge. The Home Office may refuse your request for LOTR. What can you say to the judge about your particular situation? You want the judge to agree that you should be granted settlement now, instead of in the future.
The applicant must describe and provide evidence of the factors that warrant a period of LOTR. The applicant should set out the period of leave required or requested in their application. Applicants seeking ILR outside the Immigration Rules should provide details as to why they should be granted ILR rather than limited leave. Every case will be considered on its merits taking into account the individual facts of the case. Applicants seeking LOTR must provide documentary evidence to support their claim.
The Home Office must take into account the circumstances of each case and the impact on children, or on those with children, in the UK (See Section 55 of the Borders, Citizenship and Immigration Act 2009).
SET(O)
Apply using Set(O) - No breach of ECHR Article 8
https://visas-immigration.service.gov.uk/product/set-o
If an applicant in the UK wishes to be considered for a grant of indefinite leave to remain (ILR) outside the Immigration Rules, they should apply on form SET(O) and pay the relevant fees and charges. The refused applicant will not have a right of appeal against the decision or an administrative review of the decision. Compelling compassionate factors are, broadly speaking, exceptional circumstances which mean that a refusal of entry clearance or leave to remain would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, refugee convention or obligations.
What the Home Office will say if they refuse your request for LOTR:
- You have not raised any such exceptional circumstances, so it has been decided that your application does not fall for a grant of leave outside the rules.
Guidance
- In support of your claim you state [insert details of circumstances raised]. You have submitted [insert details of any evidence submitted]. The circumstances are not considered exceptional...
This guidance tells UK Visas and Immigration when it may be appropriate to exercise discretion to grant leave outside the Immigration Rules (LOTR) on the basis of compelling compassionate grounds (other than family and private life, medical, asylum or protection grounds). https://www.gov.uk/government/publicati ... tion-rules
I have been on Appendix FM for 7years now and indefinite leave will be too expensive for me. I am waiting for appeal decision on DRF1 and wanting to renew my passport to re-apply for EUSS because I missed AR for my first application. I will includes this argument if I need to appeal EUSS.
Thanks, this makes sense to me now.
I am encouraged with the good news on this platform and will share mine soon.
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.
BEST INTERESTS OF THE CHILD
- If my leave to remain had expired before June 2020, I would have succeeded in your EU settlement application
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
STATEMENTS MADE BY THE HOME OFFICE
- reference letters from the school, GP, pastor, imam, etc
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”
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 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.Chenai wrote: ↑Mon Nov 16, 2020 11:33 amlolwe wrote: ↑Wed Nov 11, 2020 2:31 pmYou have a current application under EUSS. Although initially refused by the Home Office, the application is still going through the appeals process because it is at the Administrative Review stage.Chenai wrote: ↑Wed Nov 11, 2020 11:30 amMy EUSS was refused. I only found out a day before my right to AR was still valid. I used lot’s of different search terms in junk mail every week but I could not see it. It was by chance that I tried a different term and I got it. I had missed the appeal date. I hurriedly submitted AR with no convincing argument. They still have not responded. It’s the 4th week now and my parent visa is expiring on Sat 14/11 so I don’t want to risk it I want to extend my LTR.I am applying for fee waiver online. How do I submit supporting documents. It says upload at our self scan facility or post but there is no postal address and what is a self scan facility?
Thank you
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?
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.Chenai wrote: ↑Mon Nov 16, 2020 1:34 pmI 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.
Hi Star,star31 wrote: ↑Sun Nov 15, 2020 7:05 pm@ 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.lolwe wrote: ↑Sun Nov 15, 2020 2:29 pmHave 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.
@ 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 overlolwe wrote: ↑Mon Nov 16, 2020 1:42 pmVirtually 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.Chenai wrote: ↑Mon Nov 16, 2020 1:34 pmI 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.
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 thank you for your kindness to help, i will post it in a different thread, i hope you will see it and answer.Chenai wrote: ↑Mon Nov 16, 2020 2:10 pm@ 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 overlolwe wrote: ↑Mon Nov 16, 2020 1:42 pmVirtually 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.Chenai wrote: ↑Mon Nov 16, 2020 1:34 pmI 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.
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 thank you for your kindness to help, i will post it in a different thread, i hope you will see it and reply me.lolwe wrote: ↑Mon Nov 16, 2020 1:53 pmHi Star,star31 wrote: ↑Sun Nov 15, 2020 7:05 pm@ 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.lolwe wrote: ↑Sun Nov 15, 2020 2:29 pmHave 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.
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 issueThe details of the action that you want the Home Office to take
- why it is wrong: ???
I want the Home Office to decide my application under Appendix EU.
- The address for reply: ???
Email the letter to the following Home Office email address UKVIPAP@homeoffice.gsi.gov.uk
- Proposed reply date: ???
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
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.Chenai wrote: ↑Mon Nov 16, 2020 2:10 pm
@ 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.Chenai wrote: ↑Mon Nov 16, 2020 2:10 pm@ 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 overlolwe wrote: ↑Mon Nov 16, 2020 1:42 pmVirtually 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.Chenai wrote: ↑Mon Nov 16, 2020 1:34 pmI 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.
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 wrote: ↑Sat Nov 14, 2020 4:00 pmHi 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.Betrice wrote: ↑Sat Nov 14, 2020 1:48 pmI 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
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.
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.Betrice wrote: ↑Mon Nov 16, 2020 6:38 pmlolwe wrote: ↑Sat Nov 14, 2020 4:00 pmHi 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.Betrice wrote: ↑Sat Nov 14, 2020 1:48 pmI 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
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 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.Chenai wrote: ↑Mon Nov 16, 2020 2:10 pm@ 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
Ok I understand you, thank you for your time.lolwe wrote: ↑Mon Nov 16, 2020 6:53 pmHi 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.Betrice wrote: ↑Mon Nov 16, 2020 6:38 pmlolwe wrote: ↑Sat Nov 14, 2020 4:00 pmHi 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.Betrice wrote: ↑Sat Nov 14, 2020 1:48 pmI 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
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
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
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.
EEA Decision - limited to 2000 charactersIf 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
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.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.
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!
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.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.