Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

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

As mentioned before, Judge Neville is a First Tier Tribunal judge. First Tier Tribunal judges make decisions all the time. Some FTT judges agree with Judge Neville, others may not. It is called case law.

The Home Office are not bothered by a First Tier Tribunal judge. They ignore FTT decisions all the time. The FTT is the lowest court for immigration hearings. The Court of Appeal, which is a high court, probably disagrees with Judge Neville. It isn't enough to rely on Judge Neville's ruling.

A strong legal argument would start from the Court of Appeal, then explain the Supreme Court's ruling, then reference Judge Neville of the FTT, and finally Judge Grubb of the UT.

Again, the Home Office have 28 days for the AR. The FTT gives you only 14 days from the date of refusal.

https://assets.publishing.service.gov.u ... de-eng.pdf

[Miss-Suz]

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.

It says that “Complete this form if you are appealing from inside the United Kingdom and you have the right to do so.”

I don’t have any right if appeal

[Miss-Suz]

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.

We all got the same exact refusal letter. Have you read Lulubaby refusal letter? They only change words and I the end explain what their records shows about you.
My case will be similar to someone who held a leave under Appendix FM and that leave expired , they did not apply for an extension. They are therefore been left without any leave and they apply for EUSS Zambrano.
They will be told that they are not meeting the requirements and that they have to stick on to Appendix FM route

[Miss-Suz]

Remember, I posted a letter 10 days ago here when the caseworker advised me to apply for Appendix FM and it would be unreasonable for them to refuse my EUSS on the basis that I did make Appendix FM application. He said I should apply for that route and instead of refusing me they will close my application. I argue with them saying they have no right to tell me which route I should apply for. I asked them to give me a decision. For that moment I knew that they wanted to refuse my application

[lolwe]

I don’t have any right if appeal

• You are in the UK and you have received a refusal decision dated after 6 April 2015.

• You received a decision to refuse asylum, protection or human rights claim.

• The decision restricts your rights under the EEA right to free movement or a decision under the EU Settlement Scheme.

Therefore, you have received an appealable decision.

[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.

We all got the same exact refusal letter. Have you read Lulubaby refusal letter? They only change words and I the end explain what their records shows about you.
My case will be similar to someone who held a leave under Appendix FM and that leave expired , they did not apply for an extension. They are therefore been left without any leave and they apply for EUSS Zambrano.
They will be told that they are not meeting the requirements and that they have to stick on to Appendix FM route

The letters may seem the same to you. In fact, they are not. You have met the requirements of Appendix EU. Someone with LTR under Appendix FM has not met the requirements under Appendix EU. A judge will see the two cases differently.

[lolwe]

Remember, I posted a letter 10 days ago here when the caseworker advised me to apply for Appendix FM and it would be unreasonable for them to refuse my EUSS on the basis that I did make Appendix FM application. He said I should apply for that route and instead of refusing me they will close my application. I argue with them saying they have no right to tell me which route I should apply for. I asked them to give me a decision. For that moment I knew that they wanted to refuse my application

I agree. But the focus right now is on how to move forward. The best way forward, in my opinion, is via the courts. The courts say you must file an appeal within 14 days. The court guidance used to say within 14 days after you receive an AR refusal. The guidance no longer says wait for the AR. Therefore, you should file your legal challenge within 14 days.

[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

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

[Miss-Suz]

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.

We all got the same exact refusal letter. Have you read Lulubaby refusal letter? They only change words and I the end explain what their records shows about you.
My case will be similar to someone who held a leave under Appendix FM and that leave expired , they did not apply for an extension. They are therefore been left without any leave and they apply for EUSS Zambrano.
They will be told that they are not meeting the requirements and that they have to stick on to Appendix FM route

The letters may seem the same to you. In fact, they are not. You have met the requirements of Appendix EU. Someone with LTR under Appendix FM has not met the requirements under Appendix EU. A judge will see the two cases differently.

Understand

[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

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

[Miss-Suz]

I don’t have any right if appeal

• You are in the UK and you have received a refusal decision dated after 6 April 2015.

• You received a decision to refuse asylum, protection or human rights claim.

• The decision restricts your rights under the EEA right to free movement or a decision under the EU Settlement Scheme.

Therefore, you have received an appealable decision.

Thank you

[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

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

[lolwe]

I don’t have any right if appeal

• You are in the UK and you have received a refusal decision dated after 6 April 2015.

• You received a decision to refuse asylum, protection or human rights claim.

• The decision restricts your rights under the EEA right to free movement or a decision under the EU Settlement Scheme.

Therefore, you have received an appealable decision.

Thank you

You are welcome, Miss Suz

Here is contact information for the First Tier Tribunal. Tell them you received a refusal on XX November 2020 and that you want to appeal to the First Tier Tribunal. Ask them if you need to wait for the Administrative Review. You want to know if the 14 days starts after the AR is complete, or if it starts from the first refusal. You can't trust 100% what they may tell you. It doesn't hurt to hear what they have to say. In the worst case scenario, you file an appeal and they tell you to go for AR before going for the appeal. I think it is better to file the appeal (online) and see if the judge will process it. Brexit is around the corner...

email - IAGFAPPS3@justice.gov.uk
email - Customer.Service@justice.gov.uk
phone - 0300 123 1711

[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

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

The key question for you to answer before you file the appeal to the First Tier Tribunal, is when you actually became a Zambrano carer. For example, if you believe you became a Zambrano carer when your husband passed away, then you could say that even though you were unsuccessful in your appeal to the Upper Tribunal, you had a right to work from November 2018 until now because you had a derivative right to reside and work in the UK as a Zambrano carer. Remember, you don't have to have a derivative residence card to be a Zambrano carer. You just have to qualify. Having the paperwork just makes life easier.

[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

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

That is true,
I remember at that time, my employer tried all he could to keep me. He once asked me if I had a British child and that his legal advisor want me to send copy of the child passport which I did, they would check my right to work with it. Then he came back to me saying that didn’t work and I should stop working. I did not understand that at the time

[Miss-Suz]

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

The key question for you to answer before you file the appeal to the First Tier Tribunal, is when you actually became a Zambrano carer. For example, if you believe you became a Zambrano carer when your husband passed away, then you could say that even though you were unsuccessful in your appeal to the Upper Tribunal, you had a right to work from November 2018 until now because you had a derivative right to reside and work in the UK as a Zambrano carer. Remember, you don't have to have a derivative residence card to be a Zambrano carer. You just have to qualify. Having the paperwork just makes life easier.

Thank you

[Miss-Suz]

I don’t have any right if appeal

• You are in the UK and you have received a refusal decision dated after 6 April 2015.

• You received a decision to refuse asylum, protection or human rights claim.

• The decision restricts your rights under the EEA right to free movement or a decision under the EU Settlement Scheme.

Therefore, you have received an appealable decision.

Thank you

You are welcome, Miss Suz

Here is contact information for the First Tier Tribunal. Tell them you received a refusal on XX November 2020 and that you want to appeal to the First Tier Tribunal. Ask them if you need to wait for the Administrative Review. You want to know if the 14 days starts after the AR is complete, or if it starts from the first refusal. You can't trust 100% what they may tell you. It doesn't hurt to hear what they have to say. In the worst case scenario, you file an appeal and they tell you to go for AR before going for the appeal. I think it is better to file the appeal (online) and see if the judge will process it. Brexit is around the corner...

email - IAGFAPPS3@justice.gov.uk
email - Customer.Service@justice.gov.uk
phone - 0300 123 1711

I really appreciate, many thanks Lolwe

[Miss-Suz]

• You are in the UK and you have received a refusal decision dated after 6 April 2015.

• You received a decision to refuse asylum, protection or human rights claim.

• The decision restricts your rights under the EEA right to free movement or a decision under the EU Settlement Scheme.

Therefore, you have received an appealable decision.

Thank you

You are welcome, Miss Suz

Here is contact information for the First Tier Tribunal. Tell them you received a refusal on XX November 2020 and that you want to appeal to the First Tier Tribunal. Ask them if you need to wait for the Administrative Review. You want to know if the 14 days starts after the AR is complete, or if it starts from the first refusal. You can't trust 100% what they may tell you. It doesn't hurt to hear what they have to say. In the worst case scenario, you file an appeal and they tell you to go for AR before going for the appeal. I think it is better to file the appeal (online) and see if the judge will process it. Brexit is around the corner...

email - IAGFAPPS3@justice.gov.uk
email - Customer.Service@justice.gov.uk
phone - 0300 123 1711

I really appreciate, many thanks Lolwe

I will email them right now

[lolwe]

The Upper Tribunal dismissed your appeal in November 2018. It seems your claim ended in November 2018. If so, you would not have had a right to work after November 2018. At the time you applied for LTR under Appendix FM in May 2019, you would not have had a right to work. I understand your LTR application was pending as of May 2019. But because your status at the time you applied did not grant you the right to work, the Home Office would have said you did not have the right to work.

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

That is true,
I remember at that time, my employer tried all he could to keep me. He once asked me if I had a British child and that his legal advisor want me to send copy of the child passport which I did, they would check my right to work with it. Then he came back to me saying that didn’t work and I should stop working. I did not understand that at the time

You should have declared it. You needed to inform a letter to the Home Office to declare your status as a Zambrano carer. The Home Office would not have accepted your employer's lawyer making the declaration on your behalf. Once you declare yourself a Zambrano carer, the Home Office must accept it if you meet the rules. On the day you lost the appeal at the Upper Tribunal, your solicitor should have explained to you, that from that day forward, you were a Zambrano carer with a right to reside and work in the UK. Your solicitor should have offered to submit an application on your behalf or told you how to do it yourself. The fee is small, just £60 or something. That bit of information would have saved your job. I don't understand solicitors. Anyway, good luck with your appeal.

[lolwe]

You should have declared it. You needed to inform a letter to the Home Office to declare your status as a Zambrano carer. The Home Office would not have accepted your employer's lawyer making the declaration on your behalf. Once you declare yourself a Zambrano carer, the Home Office must accept it if you meet the rules. On the day you lost the appeal at the Upper Tribunal, your solicitor should have explained to you, that from that day forward, you were a Zambrano carer with a right to reside and work in the UK. Your solicitor should have offered to submit an application on your behalf or told you how to do it yourself. The fee is small, just £60 or something. That bit of information would have saved your job. I don't understand solicitors. Anyway, good luck with your appeal.

Technically, your Zambrano carer status may have started earlier. Perhaps the day after your husband passed away? Just something to think about. I don't know the specifics of your situation.

[lolwe]

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

That is a very dangerous thing to say. It also appears to be incorrect. Based on the information you provided, you are...

a Zambrano carer who is currently exercising her right to reside in the UK as the sole carer of a British child

...who just so happens to not currently have the paperwork.

[Miss-Suz]

True, the COA I got I that was from November 2018 till May 2019. My employer did not ask anything until May when he made the ECS check.

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

That is true,
I remember at that time, my employer tried all he could to keep me. He once asked me if I had a British child and that his legal advisor want me to send copy of the child passport which I did, they would check my right to work with it. Then he came back to me saying that didn’t work and I should stop working. I did not understand that at the time

You should have declared it. You needed to inform a letter to the Home Office to declare your status as a Zambrano carer. The Home Office would not have accepted your employer's lawyer making the declaration on your behalf. Once you declare yourself a Zambrano carer, the Home Office must accept it if you meet the rules. On the day you lost the appeal at the Upper Tribunal, your solicitor should have explained to you, that from that day forward, you were a Zambrano carer with a right to reside and work in the UK. Your solicitor should have offered to submit an application on your behalf or told you how to do it yourself. The fee is small, just £60 or something. That bit of information would have saved your job. I don't understand solicitors. Anyway, good luck with your appeal.

He did not, all he wanted is for me to pay £1200 (his fees) on top of Home office fees (£4200) in order for him to help with my Appendix FM application. I knew that I could do that kind of application myself. And because I previously spend £6000 with him for my previous application which did not lead to a positive outcome, I decided to stop any work with him.

[Miss-Suz]

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

That is a very dangerous thing to say. It also appears to be incorrect. Based on the information you provided, you are...

a Zambrano carer who is currently exercising her right to reside in the UK as the sole carer of a British child

...who just so happens to not currently have the paperwork.

Thank you Lolwe

[lolwe]

The CoA would have expired once the court rulings expired. A CoA is only valid while the hearings are valid. If all legal action ended in November 2018, the CoA had become invalid.

If, however, you said told your employer in May 2019 that you were a Zambrano carer, exercising your derivative right to reside, there is an argument that the Home Office could agree you were allowed to work. At the very least, the Home Office would have told you to apply for the derivative residence card and issued you a CoA for your pending Zambrano application. That CoA would have allowed you to work.

That is true,
I remember at that time, my employer tried all he could to keep me. He once asked me if I had a British child and that his legal advisor want me to send copy of the child passport which I did, they would check my right to work with it. Then he came back to me saying that didn’t work and I should stop working. I did not understand that at the time

You should have declared it. You needed to inform a letter to the Home Office to declare your status as a Zambrano carer. The Home Office would not have accepted your employer's lawyer making the declaration on your behalf. Once you declare yourself a Zambrano carer, the Home Office must accept it if you meet the rules. On the day you lost the appeal at the Upper Tribunal, your solicitor should have explained to you, that from that day forward, you were a Zambrano carer with a right to reside and work in the UK. Your solicitor should have offered to submit an application on your behalf or told you how to do it yourself. The fee is small, just £60 or something. That bit of information would have saved your job. I don't understand solicitors. Anyway, good luck with your appeal.

He did not, all he wanted is for me to pay £1200 (his fees) on top of Home office fees (£4200) in order for him to help with my Appendix FM application. I knew that I could do that kind of application myself. And because I previously spend £6000 with him for my previous application which did not lead to a positive outcome, I decided to stop any work with him.

Wow! Your solicitor told you to do LTR under Appendix FM even though the judge told both of you in court that you qualified as a Zambrano carer, and should apply for a derivative residence card. Moreover, your solicitor knew you didn't have the money right away for LTR under Appendix FM. At the end of your court hearings, you were basically a failed residence permit seeker with no right to reside or work (despite what your CoA said). Zambrano was the clear solution. The Home Office is just part of the problem. The law community is just as bad, in my opinion. Anyway, I am sure you will be successful in court.

[Miss-Suz]

That is true,
I remember at that time, my employer tried all he could to keep me. He once asked me if I had a British child and that his legal advisor want me to send copy of the child passport which I did, they would check my right to work with it. Then he came back to me saying that didn’t work and I should stop working. I did not understand that at the time

You should have declared it. You needed to inform a letter to the Home Office to declare your status as a Zambrano carer. The Home Office would not have accepted your employer's lawyer making the declaration on your behalf. Once you declare yourself a Zambrano carer, the Home Office must accept it if you meet the rules. On the day you lost the appeal at the Upper Tribunal, your solicitor should have explained to you, that from that day forward, you were a Zambrano carer with a right to reside and work in the UK. Your solicitor should have offered to submit an application on your behalf or told you how to do it yourself. The fee is small, just £60 or something. That bit of information would have saved your job. I don't understand solicitors. Anyway, good luck with your appeal.

He did not, all he wanted is for me to pay £1200 (his fees) on top of Home office fees (£4200) in order for him to help with my Appendix FM application. I knew that I could do that kind of application myself. And because I previously spend £6000 with him for my previous application which did not lead to a positive outcome, I decided to stop any work with him.

Wow! Your solicitor told you to do LTR under Appendix FM even though the judge told both of you in court that you qualified as a Zambrano carer, and should apply for a derivative residence card. Moreover, your solicitor knew you didn't have the money right away for LTR under Appendix FM. At the end of your court hearings, you were basically a failed residence permit seeker with no right to reside or work (despite what your CoA said). Zambrano was the clear solution. The Home Office is just part of the problem. The law community is just as bad, in my opinion. Anyway, I am sure you will be successful in court.

And to convince me to apply under Appendix FM, he told me that if I apply for derivative card, I would never get permanent residence also, this type of application COA doesn’t give right to work while waiting for decision

Many thanks Lolwe for your input, it’s much appreciated