Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

I am so devastated that I don’t even know where or how to start
Would you guys please help me put words together in my PAP and AR?
@Lolwe, @Snooky

Need you please guys

If you applied for DRF1 last month, and you withdrew your leave to remain application under FM, what is your current immigration status?

PAP is not necessary in your situation. The HO are expecting you to go to court. PAP is generally only useful if they are unaware you are considering legal action. For example, if you have been waiting for more than 6 months for a decision.

Option 1 - AR and appeal against the refusal to the First Tier Tribunal
Option 2 - Appeal to the First Tier Tribunal with no AR

In the past, the First Tier Tribunal would require you to go for AR before going to court. I looked at the online application last week. I didn't see the requirement.

In my opinion, you are unlikely to be successful in an AR. An AR costs 80.

The refusal letter you posted by the Home Office is very well written. The judge has a clear decision to make. Either the Home Office is right and Zambrano is a right of last resort, or they are wrong.

Your court bundle should do two things. One, establish that you are in fact a Zambrano carer. Two, explain that the Home Office is wrong to declare the Zambrano right as a right of last resort. Reference the Supreme Court decision on Patel and Shah v SSHD, Judge Neville's ruling in the FTT and Judge Blum's ruling in the UT. These cases will help you establish that in fact, it is your right to choose.

Correction: It is Judge Grubb in Mohamed v SSHD NOT Judge Blum

[lolwe]

Two Key Problems with the Home Office's Position on Zambrano carers

The Home Office argue the Zambrano right is a right of last resort. They use this argument to deny ***SOME*** Zambrano carers settlement under the EU Settlement Scheme (Appendix EU).

1.) The HO don't apply this requirement equally to all Zambrano carers. Some Zambrano carers are told to apply for leave to remain under Appendix FM and refused. Other Zambrano carers are not told to apply under Appendix FM. Their applications are successful. The HO policy is discriminatory, irrational and therefore unlawful.

2.) The HO borrow this argument from the Court of Appeal's 2017 decision in Patel, Shah v SSHD. The Supreme Court overturned the Court of Appeal. The Supreme Court rejected the 'right of last resort' argument in 2019. It is immoral for the Home Office to use an argument that has been invalidated by the Supreme Court.If the Home Office won't listen to the Supreme Court, who will they listen to?

[Miss-Suz]

I am so devastated that I don’t even know where or how to start
Would you guys please help me put words together in my PAP and AR?
@Lolwe, @Snooky

Need you please guys

If you applied for DRF1 last month, and you withdrew your leave to remain application under FM, what is your current immigration status?

PAP is not necessary in your situation. The HO are expecting you to go to court. PAP is generally only useful if they are unaware you are considering legal action. For example, if you have been waiting for more than 6 months for a decision.

Option 1 - AR and appeal against the refusal to the First Tier Tribunal
Option 2 - Appeal to the First Tier Tribunal with no AR

In the past, the First Tier Tribunal would require you to go for AR before going to court. I looked at the online application last week. I didn't see the requirement.

In my opinion, you are unlikely to be successful in an AR. An AR costs 80.

The refusal letter you posted by the Home Office is very well written. The judge has a clear decision to make. Either the Home Office is right and Zambrano is a right of last resort, or they are wrong.

Your court bundle should do two things. One, establish that you are in fact a Zambrano carer. Two, explain that the Home Office is wrong to declare the Zambrano right as a right of last resort. Reference the Supreme Court decision on Patel and Shah v SSHD, Judge Neville's ruling in the FTT and Judge Blum's ruling in the UT. These cases will help you establish that in fact, it is your right to choose.

I don’t currently hold any status, remember I had two ongoing applications. The EUSS Zambrano varied the Appendix FM application

[lolwe]

I don’t currently hold any status, remember I had two ongoing applications. The EUSS Zambrano varied the Appendix FM application

You sound like a person with a retained right of residence because you entered the UK as a family member of an EU national. Is that correct?

[Miss-Suz]

I have been fighting the Home Office since 2016.
I am drained

Here is my story,
I have been granted a 5 years EEA family member residence card in April 2011. In 2016, applied for a permanent residence card which was refused. Appealed to the FTT, while I was waiting for a court judgement, my partner (kids father’s) passed away in October 2017.
Appeal dismissed in April 2018, then appealed to the Upper tribunal dismissed again in November 2018. The judge at the tribunal said I could apply for a derivative residence card because of my British daughter. At that time Derivative right could not lead to a permanent residency so my solicitor advice me to apply under Apendix FM parent route. So I try to save some money for that purpose. I also decided to go solo as the money I spend with the solicitor during this whole procedure was enormous (£6000).
In May 2019 I put in an Appendix FM application with my older son included, paid £4200 for fees.
Then I heard about the EUSS Zambrano, I also decided to apply in June 2019.
Let me tell you that I lost my 7 yrs old job in May 2019 as right of appeal was exhausted. When my employer asked I gave him my Appendix FM application number for him to do an ECS check, the Home Office told him that I don’t I have a right to work.

In March 2020 I was contacted by an Home Office worker asking me to confirm the application I want them to consider. I told them to consider my EUSS ZAMBRANO application. A week later I was refunded the fees (£4200)

Now after 17 months of waiting I am told that I don’t meet the requirements to apply under EUSS ZAMBRANO, just because I did not put in an Article 8 application

Here is my story Lolwe

[lolwe]

I have been fighting the Home Office since 2016.
I am drained

Here is my story,
I have been granted a 5 years EEA family member residence card in April 2011. In 2016, applied for a permanent residence card which was refused. Appealed to the FTT, while I was waiting for a court judgement, my partner (kids father’s) passed away in October 2017.
Appeal dismissed in April 2018, then appealed to the Upper tribunal dismissed again in November 2018. The judge at the tribunal said I could apply for a derivative residence card because of my British daughter. At that time Derivative right could not lead to a permanent residency so my solicitor advice me to apply under Apendix FM parent route. So I try to save some money for that purpose. I also decided to go solo as the money I spend with the solicitor during this whole procedure was enormous (£6000).
In May 2019 I put in an Appendix FM application with my older son included, paid £4200 for fees.
Then I heard about the EUSS Zambrano, I also decided to apply in June 2019.
Let me tell you that I lost my 7 yrs old job in May 2019 as right of appeal was exhausted. When my employer asked I gave him my Appendix FM application number for him to do an ECS check, the Home Office told him that I don’t I have a right to work.

In March 2020 I was contacted by an Home Office worker asking me to confirm the application I want them to consider. I told them to consider my EUSS ZAMBRANO application. A week later I was refunded the fees (£4200)

Now after 17 months of waiting I am told that I don’t meet the requirements to apply under EUSS ZAMBRANO, just because I did not put in an Article 8 application

Here is my story Lolwe

Why was your EEA family member residence card refused? When was your British daughter born? Is your older son an EEA national? I am surprised your solicitor didn't tell you the Zambrano carers would be given residence after Brexit. The Home Office announced it by November 2018.

[Miss-Suz]

I have been fighting the Home Office since 2016.
I am drained

Here is my story,
I have been granted a 5 years EEA family member residence card in April 2011. In 2016, applied for a permanent residence card which was refused. Appealed to the FTT, while I was waiting for a court judgement, my partner (kids father’s) passed away in October 2017.
Appeal dismissed in April 2018, then appealed to the Upper tribunal dismissed again in November 2018. The judge at the tribunal said I could apply for a derivative residence card because of my British daughter. At that time Derivative right could not lead to a permanent residency so my solicitor advice me to apply under Apendix FM parent route. So I try to save some money for that purpose. I also decided to go solo as the money I spend with the solicitor during this whole procedure was enormous (£6000).
In May 2019 I put in an Appendix FM application with my older son included, paid £4200 for fees.
Then I heard about the EUSS Zambrano, I also decided to apply in June 2019.
Let me tell you that I lost my 7 yrs old job in May 2019 as right of appeal was exhausted. When my employer asked I gave him my Appendix FM application number for him to do an ECS check, the Home Office told him that I don’t I have a right to work.

In March 2020 I was contacted by an Home Office worker asking me to confirm the application I want them to consider. I told them to consider my EUSS ZAMBRANO application. A week later I was refunded the fees (£4200)

Now after 17 months of waiting I am told that I don’t meet the requirements to apply under EUSS ZAMBRANO, just because I did not put in an Article 8 application

Here is my story Lolwe

Why was your EEA family member residence card refused? When was your British daughter born?

Had some issues with my partner treaty rights at that time but I don’t think that is relevant now.
My daughter was born in 2012
The only reason they refused me is because I did not demonstrate that my daughter would be compelled to leave, in another word because I did not apply under Appendix FM

[Miss-Suz]

I am a Zambrano Carer without any leave

[Miss-Suz]

I have been fighting the Home Office since 2016.
I am drained

Here is my story,
I have been granted a 5 years EEA family member residence card in April 2011. In 2016, applied for a permanent residence card which was refused. Appealed to the FTT, while I was waiting for a court judgement, my partner (kids father’s) passed away in October 2017.
Appeal dismissed in April 2018, then appealed to the Upper tribunal dismissed again in November 2018. The judge at the tribunal said I could apply for a derivative residence card because of my British daughter. At that time Derivative right could not lead to a permanent residency so my solicitor advice me to apply under Apendix FM parent route. So I try to save some money for that purpose. I also decided to go solo as the money I spend with the solicitor during this whole procedure was enormous (£6000).
In May 2019 I put in an Appendix FM application with my older son included, paid £4200 for fees.
Then I heard about the EUSS Zambrano, I also decided to apply in June 2019.
Let me tell you that I lost my 7 yrs old job in May 2019 as right of appeal was exhausted. When my employer asked I gave him my Appendix FM application number for him to do an ECS check, the Home Office told him that I don’t I have a right to work.

In March 2020 I was contacted by an Home Office worker asking me to confirm the application I want them to consider. I told them to consider my EUSS ZAMBRANO application. A week later I was refunded the fees (£4200)

Now after 17 months of waiting I am told that I don’t meet the requirements to apply under EUSS ZAMBRANO, just because I did not put in an Article 8 application

Here is my story Lolwe

Why was your EEA family member residence card refused? When was your British daughter born? Is your older son an EEA national? I am surprised your solicitor didn't tell you the Zambrano carers would be given residence after Brexit. The Home Office announced it by November 2018.

Unfortunately I didn’t know that, and the solicitor told me Appendix FM would be better

[lolwe]

I have been fighting the Home Office since 2016.
I am drained

Here is my story,
I have been granted a 5 years EEA family member residence card in April 2011. In 2016, applied for a permanent residence card which was refused. Appealed to the FTT, while I was waiting for a court judgement, my partner (kids father’s) passed away in October 2017.
Appeal dismissed in April 2018, then appealed to the Upper tribunal dismissed again in November 2018. The judge at the tribunal said I could apply for a derivative residence card because of my British daughter. At that time Derivative right could not lead to a permanent residency so my solicitor advice me to apply under Apendix FM parent route. So I try to save some money for that purpose. I also decided to go solo as the money I spend with the solicitor during this whole procedure was enormous (£6000).
In May 2019 I put in an Appendix FM application with my older son included, paid £4200 for fees.
Then I heard about the EUSS Zambrano, I also decided to apply in June 2019.
Let me tell you that I lost my 7 yrs old job in May 2019 as right of appeal was exhausted. When my employer asked I gave him my Appendix FM application number for him to do an ECS check, the Home Office told him that I don’t I have a right to work.

In March 2020 I was contacted by an Home Office worker asking me to confirm the application I want them to consider. I told them to consider my EUSS ZAMBRANO application. A week later I was refunded the fees (£4200)

Now after 17 months of waiting I am told that I don’t meet the requirements to apply under EUSS ZAMBRANO, just because I did not put in an Article 8 application

Here is my story Lolwe

Why was your EEA family member residence card refused? When was your British daughter born?

Had some issues with my partner treaty rights at that time but I don’t think that is relevant now.
My daughter was born in 2012
The only reason they refused me is because I did not demonstrate that my daughter would be compelled to leave, in another word because I did not apply under Appendix FM

I understand their decision, I am just trying to understand when your EEA family residence permit ends and when you became a Zambrano carer. Your daughter was born in 2012, your husband passed away in 2017. It is not clear to me what your status is during this time period.

Either way, by 2017, you were clearly a Zambrano carer as you were the sole carer of your British daughter. The Upper Tribunal even recognised your status as Zambrano carer in their November 2018 ruling, apparently. Did the judge put that advice in writing? If so, I would add that determination to your court bundle. It helps you establish that you are a Zambrano carer.

[lolwe]

I am a Zambrano Carer without any leave

You are a Zambrano carer without a derivative residence card.

[Miss-Suz]

Here is my story Lolwe

Why was your EEA family member residence card refused? When was your British daughter born?

Had some issues with my partner treaty rights at that time but I don’t think that is relevant now.
My daughter was born in 2012
The only reason they refused me is because I did not demonstrate that my daughter would be compelled to leave, in another word because I did not apply under Appendix FM

I understand their decision, I am just trying to understand when your EEA family residence permit ends and when you became a Zambrano carer. Your daughter was born in 2012, your husband passed away in 2017. It is not clear to me what your status is during this time period.

Either way, by 2017, you were clearly a Zambrano carer as you were the sole carer of your British daughter. The Upper Tribunal even recognised your status as Zambrano carer in their November 2018 ruling, apparently. Did the judge put that advice in writing? If so, I would add that determination to your court bundle. It helps you establish that you are a Zambrano carer.
[/quote

I don’t remember if the Judge put his advice I writing I would look into it

[lolwe]

Why was your EEA family member residence card refused? When was your British daughter born?

Had some issues with my partner treaty rights at that time but I don’t think that is relevant now.
My daughter was born in 2012
The only reason they refused me is because I did not demonstrate that my daughter would be compelled to leave, in another word because I did not apply under Appendix FM

I understand their decision, I am just trying to understand when your EEA family residence permit ends and when you became a Zambrano carer. Your daughter was born in 2012, your husband passed away in 2017. It is not clear to me what your status is during this time period.

Either way, by 2017, you were clearly a Zambrano carer as you were the sole carer of your British daughter. The Upper Tribunal even recognised your status as Zambrano carer in their November 2018 ruling, apparently. Did the judge put that advice in writing? If so, I would add that determination to your court bundle. It helps you establish that you are a Zambrano carer.

I don’t remember if the Judge put his advice I writing I would look into it

It is great to have a ruling by the Judge in which he/she says you should apply for a derivative residence card as a Zambrano carer, but it is not crucial. Either way, if you are the sole carer of a British child who is under the age of 18, the judge will likely accept that you are a Zambrano carer.

[Miss-Suz]

Had some issues with my partner treaty rights at that time but I don’t think that is relevant now.
My daughter was born in 2012
The only reason they refused me is because I did not demonstrate that my daughter would be compelled to leave, in another word because I did not apply under Appendix FM

I understand their decision, I am just trying to understand when your EEA family residence permit ends and when you became a Zambrano carer. Your daughter was born in 2012, your husband passed away in 2017. It is not clear to me what your status is during this time period.

Either way, by 2017, you were clearly a Zambrano carer as you were the sole carer of your British daughter. The Upper Tribunal even recognised your status as Zambrano carer in their November 2018 ruling, apparently. Did the judge put that advice in writing? If so, I would add that determination to your court bundle. It helps you establish that you are a Zambrano carer.

I don’t remember if the Judge put his advice I writing I would look into it

It is great to have but it is not crucial. Either way, if you are the sole carer of a British child who is under the age of 18, the judge will likely accept that you are a Zambrano carer.

Have sent them everything that shows I am the primary cater of my daughter. They got all proofs but still want to force me to apply under Article 8

[lolwe]

I understand their decision, I am just trying to understand when your EEA family residence permit ends and when you became a Zambrano carer. Your daughter was born in 2012, your husband passed away in 2017. It is not clear to me what your status is during this time period.

Either way, by 2017, you were clearly a Zambrano carer as you were the sole carer of your British daughter. The Upper Tribunal even recognised your status as Zambrano carer in their November 2018 ruling, apparently. Did the judge put that advice in writing? If so, I would add that determination to your court bundle. It helps you establish that you are a Zambrano carer.

I don’t remember if the Judge put his advice I writing I would look into it

It is great to have but it is not crucial. Either way, if you are the sole carer of a British child who is under the age of 18, the judge will likely accept that you are a Zambrano carer.

Have sent them everything that shows I am the primary cater of my daughter. They got all proofs but still want to force me to apply under Article 8

Yes, but it is no longer about the Home Office. Nothing you give them is likely to change their mind. They have a policy that is hostile to Zambrano carers. They don't want Zambrano carers to be covered under EUSS (Appendix EU). At this point, what they say doesn't really matter.

What matters is answering all of the judge's possible questions and submitting your legal claim as soon as possible. You should create a timeline of events for the judge.

[Miss-Suz]

I don’t remember if the Judge put his advice I writing I would look into it

It is great to have but it is not crucial. Either way, if you are the sole carer of a British child who is under the age of 18, the judge will likely accept that you are a Zambrano carer.

Have sent them everything that shows I am the primary cater of my daughter. They got all proofs but still want to force me to apply under Article 8

Yes, but it is no longer about the Home Office. Nothing you give them is likely to change their mind. They have a policy that is hostile to Zambrano carers. They don't want Zambrano carers to be covered under EUSS (Appendix EU). At this point, what they say doesn't really matter.

What matters is answering all of the judge's possible questions and submitting your legal claim as soon as possible. You should create a timeline of events for the judge.

I will have to do a PAP as they say you need to first send a PAP letter to Home Office before starting legal claim

[Miss-Suz]

I am so devastated that I don’t even know where or how to start
Would you guys please help me put words together in my PAP and AR?
@Lolwe, @Snooky

Need you please guys

If you applied for DRF1 last month, and you withdrew your leave to remain application under FM, what is your current immigration status?

PAP is not necessary in your situation. The HO are expecting you to go to court. PAP is generally only useful if they are unaware you are considering legal action. For example, if you have been waiting for more than 6 months for a decision.

Option 1 - AR and appeal against the refusal to the First Tier Tribunal
Option 2 - Appeal to the First Tier Tribunal with no AR

In the past, the First Tier Tribunal would require you to go for AR before going to court. I looked at the online application last week. I didn't see the requirement.

In my opinion, you are unlikely to be successful in an AR. An AR costs 80.

The refusal letter you posted by the Home Office is very well written. The judge has a clear decision to make. Either the Home Office is right and Zambrano is a right of last resort, or they are wrong.

Your court bundle should do two things. One, establish that you are in fact a Zambrano carer. Two, explain that the Home Office is wrong to declare the Zambrano right as a right of last resort. Reference the Supreme Court decision on Patel and Shah v SSHD, Judge Neville's ruling in the FTT and Judge Blum's ruling in the UT. These cases will help you establish that in fact, it is your right to choose.

If you read well, you will see that the refusal letter is the same generic that they have sent to everyone here on this platform only difference with me I don’t hold a leave

[lolwe]

I will have to do a PAP as they say you need to first send a PAP letter to Home Office before starting legal claim

You have 14 days to appeal the refusal. A PAP gives the respondent 14 days to respond. If you wait for the Home Office to respond to the PAP, you will be out of time on your appeal.

[lolwe]

If you read well, you will see that the refusal letter is the same generic that they have sent to everyone here on this platform only difference with me I don’t hold a leave

People who do not hold leave will have a totally different letter. They do not meet the rules. You meet the rules, but they are denying you anyway. Also, your letter mentions the fact that you applied previously for LTR but withdrew the application.

[lolwe]

Form IAFT-5: Appeal a visa or immigration decision (within the UK)

https://www.gov.uk/government/publicati ... orm-iaft-5

Your appeal form must be received at the Administrative Support Centre no later than 14 Calendar days after you are sent the notice of the decision by the Home Office.

FIRST-TIER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER
Part A

Complete this form if you are appealing from inside the United Kingdom and you have the right to do so. To help you complete this form, refer to the guidance provided.

Help can also be found at
https://www.gov.uk/immigration-asylum-tribunal.

You can also lodge your appeal online and pay your fee at
https://immigrationappealsonline.justice.gov.uk/IACFees

Please retain this information sheet

Completing the form

The completed form should be:
•Written in English•Written in BLOCK CAPITAL LETTERS using black ink
•Received by the Tribunal at the address shown on bottom of Part B no later than 14 calendar days after you are sent the Refusal Letter by the Home Office.

[Miss-Suz]

I will have to do a PAP as they say you need to first send a PAP letter to Home Office before starting legal claim

You have 14 days to appeal the refusal. A PAP gives the respondent 14 days to respond. If you wait for the Home Office to respond to the PAP, you will be out of time on your appeal.

I did not get any right for appeal only AR

[lolwe]

I will have to do a PAP as they say you need to first send a PAP letter to Home Office before starting legal claim

You have 14 days to appeal the refusal. A PAP gives the respondent 14 days to respond. If you wait for the Home Office to respond to the PAP, you will be out of time on your appeal.

I did not get any right for appeal only AR

Yes, the standard procedure in place for years has been

1.) you get a refusal letter
2.) you go for AR
3.) you go to court

Today, it seems there is another option. Based on the application, it seems you can go straight to the First Tier Tribunal and not do an AR.

You have only 14 days. You can file online. A paper hearing costs just £80.

The other big change is that you don't have to go to the Upper Tribunal. Earlier this year, the First Tier Tribunal would not take cases if the you applied before 31 January 2020. That seems to have changed. Now you can go to the First Tier Tribunal, even though you applied for EUSS in 2019.

The HO will not decide your AR within 14 days. Even then, it will almost certainly be another refusal. Therefore, you may as well go straight to the First Tier Tribunal. They will tell you if you need to still do the AR.

[Miss-Suz]

I will have to do a PAP as they say you need to first send a PAP letter to Home Office before starting legal claim

You have 14 days to appeal the refusal. A PAP gives the respondent 14 days to respond. If you wait for the Home Office to respond to the PAP, you will be out of time on your appeal.

I did not get any right for appeal only AR

Yes, the standard procedure in place for years has been

1.) you get a refusal letter
2.) you go for AR
3.) you go to court

Today, it seems there is another option. Based on the application, it seems you can go straight to the First Tier Tribunal and not do an AR.

You have only 14 days. You can file online. A paper hearing costs just £80.

The other big change is that you don't have to go to the Upper Tribunal. Earlier this year, the First Tier Tribunal would not take cases if the you applied before 31 January 2020. That seems to have changed. Now you can go to the First Tier Tribunal, even though you applied for EUSS in 2019.

They gave 28 days for the AR

[Miss-Suz]

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.


This apply to my case

[lolwe]

They gave 28 days for the AR

The Home Office have 28 days for their Administrative Review.

The First Tier Tribunal gave 14 days from the date of refusal.

In the past, the FTT would say go for AR and then file 14 days after the AR.

That has now changed. You should be able to file a claim with the First Tier Tribunal WITHOUT the AR.