Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Miss-Suz]

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?

Yes that’s correct,
Entered the UK in 2008 they kept my application for 2 years plus before granted me the leave

[shay007]

Morning everyone,
Is it possible to work with AR acknowledgment letter or does that end with COA? Thanks

There are two separate questions. One, are you legally allowed to work while your case is pending? Two, will your employer accept the COA? The answer to the first question is yes. The answer to the second question depends on your employer's understanding of immigration law.

Hello,
I was legally allowed to work while my application was pending due to COA. But now that my COA has expired according to them and my application has been refused, my question is when or if I get my administrative review acknowledgment letter can I use that to work? Thanks for your reply

The fact that you have applied for AR means your immigration case is still pending. While your case is pending, your previous situation still applies. Your previous situation is that you are allowed to work. Therefore, you are still allowed to work.

The real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.

My employer accepted COA twice so they might accept AR acknowledgement letter, I’m not too sure. But the issue here what reply they might get when they apply for employee check with the home office. I will give it a go and see what happens. Thanks so much for a reply.

[lolwe]

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

You're welcome, Miss Suz.

this type of application COA doesn’t give right to work while waiting for decision

The Zambrano right is a right, it isn't a visa. The Home Office can not interfere with that right. They can't create a CoA that says a Zambrano carer can not exercise their right to reside or work, while they are considering the application for a derivative residence card.

[lolwe]

There are two separate questions. One, are you legally allowed to work while your case is pending? Two, will your employer accept the COA? The answer to the first question is yes. The answer to the second question depends on your employer's understanding of immigration law.

Hello,
I was legally allowed to work while my application was pending due to COA. But now that my COA has expired according to them and my application has been refused, my question is when or if I get my administrative review acknowledgment letter can I use that to work? Thanks for your reply

The fact that you have applied for AR means your immigration case is still pending. While your case is pending, your previous situation still applies. Your previous situation is that you are allowed to work. Therefore, you are still allowed to work.

The real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.

My employer accepted COA twice so they might accept AR acknowledgement letter, I’m not too sure. But the issue here what reply they might get when they apply for employee check with the home office. I will give it a go and see what happens. Thanks so much for a reply.

You're welcome. FYI, if the Home Office refuse your application on a Wednesday, and your employer calls to check on your status on the following Friday, the Home Office may tell your employer you do not have the right to work.

[Miss-Suz]

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

You're welcome, Miss Suz.

this type of application COA doesn’t give right to work while waiting for decision

The Zambrano right is a right, it isn't a visa. The Home Office can not interfere with that right. They can't create a CoA that says a Zambrano carer can not exercise their right to reside or work, while they are considering the application for a derivative residence card.

Fact

[shay007]

Hello,
I was legally allowed to work while my application was pending due to COA. But now that my COA has expired according to them and my application has been refused, my question is when or if I get my administrative review acknowledgment letter can I use that to work? Thanks for your reply

The fact that you have applied for AR means your immigration case is still pending. While your case is pending, your previous situation still applies. Your previous situation is that you are allowed to work. Therefore, you are still allowed to work.

The real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.

My employer accepted COA twice so they might accept AR acknowledgement letter, I’m not too sure. But the issue here what reply they might get when they apply for employee check with the home office. I will give it a go and see what happens. Thanks so much for a reply.

You're welcome. FYI, if the Home Office refuse your application on a Wednesday, and your employer calls to check on your status on the following Friday, the Home Office may tell your employer you do not have the right to work.

Which is exactly what happened, I was in the process of completing my AR when they checked with HO which came back negative. Do HO even send acknowledgment letter for AR? I will let you know the outcome. Thanks so much once again for the reply.

[olaboy]

Good morning forum
Please am new to this forum i need help for my administrative review
I just find out my EUSS application have being refused.
i apply since june 2019
Refused 12 of november
And i don’t currently hold any status
Please i need your help to fill the form
Thanks

[lolwe]

The fact that you have applied for AR means your immigration case is still pending. While your case is pending, your previous situation still applies. Your previous situation is that you are allowed to work. Therefore, you are still allowed to work.

The real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.

My employer accepted COA twice so they might accept AR acknowledgement letter, I’m not too sure. But the issue here what reply they might get when they apply for employee check with the home office. I will give it a go and see what happens. Thanks so much for a reply.

You're welcome. FYI, if the Home Office refuse your application on a Wednesday, and your employer calls to check on your status on the following Friday, the Home Office may tell your employer you do not have the right to work.

Which is exactly what happened, I was in the process of completing my AR when they checked with HO which came back negative. Do HO even send acknowledgment letter for AR? I will let you know the outcome. Thanks so much once again for the reply.

@Shay, You can email the EU Admin Review team and ask them for an update or written confirmation that your AR is in progress. See admin.review.enquiries@homeoffice.gov.uk.

One way around the employer verification problem is simply to lodge legal proceedings. If you have a pending case in court challenging the refusal, then your status before you started the process remains. If your employer calls the Home Office, the Home Office should see that the application is pending in court, and should say you still have the right to work. Good luck!

[lolwe]

Good morning forum
Please am new to this forum i need help for my administrative review
I just find out my EUSS application have being refused.
i apply since june 2019
Refused 12 of november
And i don’t currently hold any status
Please i need your help to fill the form
Thanks

Hi Olaboy,

Do you mean to say you do not have a derivative residence card? That is very different from saying you do not have a status. If you do not hold any status then you are not a Zambrano carer. Zambrano carers "assert" their right to reside. If you do not have a status, that means you are not asserting your right to reside. So, are you a Zambrano carer? If so, when did you become a Zambrano carer? If you are not a Zambrano carer, this thread may not be for you.

Which form you need help with?

Why were you refused? Can you paste your refusal letter on the forum? Just delete your personal details.

Option 1 - Apply for Administrative Review then apply to the First Tier Tribunal (if refused on AR)
Option 2 - Apply to the First Tier Tribunal to challenge the HO Refusal

[Obie]

If holding status means holding a visa, then that is not a requirement. You must meet the requirements of Zambrano.

The government has been extremely stupid in refusing every application.

But i believe the matter will get in the courts soon and the unlawful decisions will be set aside.

[olaboy]

Good morning forum
Please am new to this forum i need help for my administrative review
I just find out my EUSS application have being refused.
i apply since june 2019
Refused 12 of november
And i don’t currently hold any status
Please i need your help to fill the form
Thanks

Hi Olaboy,

Do you mean to say you do not have a derivative residence card? That is very different from saying you do not have a status. If you do not hold any status then you are not a Zambrano carer. Zambrano carers "assert" their right to reside. If you do not have a status, that means you are not asserting your right to reside. So, are you a Zambrano carer? If so, when did you become a Zambrano carer? If you are not a Zambrano carer, this thread may not be for you.

Which form you need help with?

Why were you refused? Can you paste your refusal letter on the forum? Just delete your personal details.

Option 1 - Apply for Administrative Review then apply to the First Tier Tribunal (if refused on AR)
Option 2 - Apply to the First Tier Tribunal to challenge the HO Refusal

Dear xxxxx xxxxx
Thank you for your application under the EU Settlement Scheme as a ‘person
with a Zambrano right to reside’.
Your application has been carefully considered but from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
The remainder of this letter details the reasons your application has been
refused.
In making this decision, we have complied with our duty under section 55 of the
Borders, Citizenship and Immigration Act 2009 to have regard to the need to
safeguard and promote the welfare of any children who may be affected by the
decision, namely your son xxxxxxxxxxxxx. This duty
cannot on its own satisfy the eligibility requirements of the EU Settlement
Scheme for a person with a Zambrano right to reside, but in assessing your
application, the child’s best interests have been a primary consideration.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also
known as indefinite leave to enter or remain) or pre-settled status (also known
as limited leave to enter or remain) under the EU Settlement Scheme.
Unfortunately, based on the information and evidence provided or otherwise
available, and for the reasons set out in this letter, you do not meet the
requirements.
To qualify under the scheme you need to meet the requirements that are set out
in Appendix EU to the Immigration Rules. You can find out more about the
requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

You have applied to the EU Settlement Scheme as the primary carer of British
citizen in the UK. Your application has been refused because the information


available to us does not show that you are a ‘person with a Zambrano right to
reside’ on this basis.

To qualify for settled or pre-settled status as a ‘person with a Zambrano right to
reside’, you must have a right to reside in the UK because you meet the
relevant requirements in the Immigration (European Economic Area)
Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary
carer of a British citizen, it is regulation 16(5) that is relevant in your
circumstances. However, we are not satisfied that you meet the requirements of
regulation 16(5) because:

You have not demonstrated that xxxxxxxxxxxxxxxxx would
be unable to remain in the UK if you left the UK for an indefinite period.

You can only be considered a ‘person with a Zambrano right to reside’ where
xxxxxxxxxxxxxxxx would be unable to reside in the UK or
the European Economic Area (EEA) if you were required to leave the UK for an
indefinite period.

In order to demonstrate that xxxxxxxxxxxxxxx would be
unable to reside in the UK or EEA if you left the UK for an indefinite period, you
must be able to show that you would be required to leave the UK as you have
no other means to remain lawfully in the UK as his primary carer.

An EU Settlement Scheme application based on a Zambrano right to reside will
be refused where there is a realistic prospect that an application for leave to
remain under Appendix FM to the Immigration Rules, or otherwise relying on
Article 8 (the right to respect for private and family life) of the European
Convention on Human Rights (ECHR), would succeed. This is because if you
are able to obtain leave to remain in the UK on one of these bases, you will not
be required to leave the UK, which means xxxxxxxxxxxxx
will not be compelled to leave the UK or the EEA.

You cannot show that you would be required to leave the UK, and therefore
cannot be considered a person with a Zambrano right to reside, if you have
never made an application under Appendix FM to the Immigration Rules or an
Article 8 ECHR claim where there is a realistic prospect that such an application
or claim would succeed.
It is considered that the information available does not show that you meet the
eligibility requirements for settled status set out in rule EU11 of Appendix EU to
the Immigration Rules or those for pre-settled status which are set out in rule
EU14 of that Appendix. Therefore, you have been refused settled status and
pre-settled status under rule EU6.
Ordinarily, we would have contacted you for further evidence of Primary Care,
as you are ultimately unable to meet the definition of a ‘person with a Zambrano
right to reside’ on the basis that you are first required to make an application
under Appendix FM to the Immigration Rules or an Article 8 ECHR claim, we


have not requested this additional information. Consequently, we have not
reached a conclusion on whether you qualify as the Primary Carer of
xxxxxxxxxxxxxxxxxx

We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.

Next steps
If you have additional information or evidence that shows you meet the
requirements, you can make another application to the EU Settlement Scheme
at any time online at: https://apply-for-eu-settled-status.homeoffice.gov.uk.

Applications are free of charge and you have until 30 June 2021, or until any
status you currently hold under the scheme ceases to be valid, to reapply.

If you wish to re-apply as a person with a derivative right to reside, you will need
to call the EU Settlement Resolution Centre to request another paper

application form. Their contact information can be found at www.gov.uk/contact-
ukvi-inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-and-pre-
settled-status.

If you wish to apply on another basis, you may be able to apply online at apply-
for-eu-settled-status.homeoffice.gov.uk. You can find out more about the

requirements at www.gov.uk/settled-status-eu-citizens-f ... ligibility.

Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published guidance, or where you
have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to
apply for an administrative review.
Information on how to apply for an administrative review, the process and the

fees payable are all available online at: www.gov.uk/guidance/eu-settlement-
scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: https://visas-
immigration.service.gov.uk/product/admin-review.

If you have any questions or would like to discuss this letter, you can call the EU
Settlement Resolution Centre anytime from Monday to Friday (excluding bank
holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.

[lolwe]

Good morning forum
Please am new to this forum i need help for my administrative review
I just find out my EUSS application have being refused.
i apply since june 2019
Refused 12 of november
And i don’t currently hold any status
Please i need your help to fill the form
Thanks

Hi Olaboy,

Do you mean to say you do not have a derivative residence card? That is very different from saying you do not have a status. If you do not hold any status then you are not a Zambrano carer. Zambrano carers "assert" their right to reside. If you do not have a status, that means you are not asserting your right to reside. So, are you a Zambrano carer? If so, when did you become a Zambrano carer? If you are not a Zambrano carer, this thread may not be for you.

Which form you need help with?

Why were you refused? Can you paste your refusal letter on the forum? Just delete your personal details.

Option 1 - Apply for Administrative Review then apply to the First Tier Tribunal (if refused on AR)
Option 2 - Apply to the First Tier Tribunal to challenge the HO Refusal

Reasons why your application has been refused
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to
reside’, you must have a right to reside in the UK because you meet the
relevant requirements in the Immigration (European Economic Area)
Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary
carer of a British citizen, it is regulation 16(5) that is relevant in your
circumstances. However, we are not satisfied that you meet the requirements of
regulation 16(5) because:


An EU Settlement Scheme application based on a Zambrano right to reside will
be refused where there is a realistic prospect that an application for leave to
remain under Appendix FM to the Immigration Rules, or otherwise relying on
Article 8 (the right to respect for private and family life) of the European
Convention on Human Rights (ECHR), would succeed. This is because if you
are able to obtain leave to remain in the UK on one of these bases, you will not
be required to leave the UK, which means xxxxxxxxxxxxx
will not be compelled to leave the UK or the EEA.
...

Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published guidance, or where you
have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to
apply for an administrative review.

Hi Olaboy,

Steps
1.) Read the definition of a Zambrano carer
2.) Decide if you are a Zambrano carer
3.) If you meet the definition of a Zambrano carer, figure out what date/year you became a Zambrano carer
4.) Stop saying you are a person without status. Instead, say you are a Zambrano carer who is exercising his right to reside and who does not happen to have a derivative residence card at the moment.
5.) Decide if you want to apply for administrative review. The cost is £80.
6.) Understand that your administrative review with the Home Office will likely be refused.
7.) Decide if you are willing to challenge the refusal at the First Tier Tribunal. The cost for a paper hearing is £80.
8.) Understand that your refusal is the same as many other Zambrano carers. You will need to do at least two things in your court challenge. First, convince the judge that you are indeed a Zambrano carer. Second, you have to explain why the Home Office is wrong to say that the Zambrano right is a right of last resort.

Who is a Zambrano carer?
https://www.legislation.gov.uk/uksi/201 ... ulation/16

Derivative right to reside

16.—(1) A person has a derivative right to reside during any period in which the person—

(a)is not an exempt person; and

(b)satisfies each of the criteria in one or more of paragraphs (2) to (6).

(5) The criteria in this paragraph are that—

(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

Why is the Zambrano right NOT a right of last resort? (Or, why the Home Office is wrong)

The original Ruiz Zambrano case was created in Belgium as a derivative right of last resort.

When the Zambrano right was established in the UK, the Home Office did not establish the Zambrano right to reside as a right of last resort. Zambrano carers could rely on either the UK or EU route for residence.

The Court of Appeal said in 2017 the Zambrano right was a right of last resort because they were following the original Zambrano ruling. Since then, the Home Office has been telling people the Zambrano right is a right of last resort.

In 2019, the Supreme Court in the UK said that the Zambrano right is NOT a right of last resort. Unfortunately, they did not say this in clear language.

In 2020, Judge Neville of the First Tier Tribunal looked at the Supreme Court ruling and said that based on his reading of the Supreme Court ruling, the Zambrano right is not a right of last resort. In July 2020, Judge Grubb of the Upper Tribunal also said the Zambrano right is not a right of last resort. So, if you go to court, there is a very good chance the judge will agree with you - as long as you prove you are a Zambrano carer.

[Obie]

Do you have Judge Grubb decision?

[olaboy]

Good morning forum
Please am new to this forum i need help for my administrative review
I just find out my EUSS application have being refused.
i apply since june 2019
Refused 12 of november
And i don’t currently hold any status
Please i need your help to fill the form
Thanks

Hi Olaboy,

Do you mean to say you do not have a derivative residence card? That is very different from saying you do not have a status. If you do not hold any status then you are not a Zambrano carer. Zambrano carers "assert" their right to reside. If you do not have a status, that means you are not asserting your right to reside. So, are you a Zambrano carer? If so, when did you become a Zambrano carer? If you are not a Zambrano carer, this thread may not be for you.

Which form you need help with?

Why were you refused? Can you paste your refusal letter on the forum? Just delete your personal details.

Option 1 - Apply for Administrative Review then apply to the First Tier Tribunal (if refused on AR)
Option 2 - Apply to the First Tier Tribunal to challenge the HO Refusal

Reasons why your application has been refused
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to
reside’, you must have a right to reside in the UK because you meet the
relevant requirements in the Immigration (European Economic Area)
Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary
carer of a British citizen, it is regulation 16(5) that is relevant in your
circumstances. However, we are not satisfied that you meet the requirements of
regulation 16(5) because:


An EU Settlement Scheme application based on a Zambrano right to reside will
be refused where there is a realistic prospect that an application for leave to
remain under Appendix FM to the Immigration Rules, or otherwise relying on
Article 8 (the right to respect for private and family life) of the European
Convention on Human Rights (ECHR), would succeed. This is because if you
are able to obtain leave to remain in the UK on one of these bases, you will not
be required to leave the UK, which means xxxxxxxxxxxxx
will not be compelled to leave the UK or the EEA.
...

Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published guidance, or where you
have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to
apply for an administrative review.

Hi Olaboy,

Steps
1.) Read the definition of a Zambrano carer
2.) Decide if you are a Zambrano carer
3.) If you meet the definition of a Zambrano carer, figure out what date/year you became a Zambrano carer
4.) Stop saying you are a person without status. Instead, say you are a Zambrano carer who is exercising his right to reside and who does not happen to have a derivative residence card at the moment.
5.) Decide if you want to apply for administrative review. The cost is £80.
6.) Understand that your administrative review with the Home Office will likely be refused.
7.) Decide if you are willing to challenge the refusal at the First Tier Tribunal. The cost for a paper hearing is £80.
8.) Understand that your refusal is the same as many other Zambrano carers. You will need to do at least two things in your court challenge. First, convince the judge that you are indeed a Zambrano carer. Second, you have to explain why the Home Office is wrong to say that the Zambrano right is a right of last resort.

Who is a Zambrano carer?
https://www.legislation.gov.uk/uksi/201 ... ulation/16

Derivative right to reside

16.—(1) A person has a derivative right to reside during any period in which the person—

(a)is not an exempt person; and

(b)satisfies each of the criteria in one or more of paragraphs (2) to (6).

(5) The criteria in this paragraph are that—

(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

Why is the Zambrano right NOT a right of last resort? (Or, why the Home Office is wrong)

The original Ruiz Zambrano case was created in Belgium as a derivative right of last resort.

When the Zambrano right was established in the UK, the Home Office did not establish the Zambrano right to reside as a right of last resort. Zambrano carers could rely on either the UK or EU route for residence.

The Court of Appeal said in 2017 the Zambrano right was a right of last resort because they were following the original Zambrano ruling. Since then, the Home Office has been telling people the Zambrano right is a right of last resort.

In 2019, the Supreme Court in the UK said that the Zambrano right is NOT a right of last resort. Unfortunately, they did not say this in clear language.

In 2020, Judge Neville of the First Tier Tribunal looked at the Supreme Court ruling and said that based on his reading of the Supreme Court ruling, the Zambrano right is not a right of last resort. In July 2020, Judge Grubb of the Upper Tribunal also said the Zambrano right is not a right of last resort. So, if you go to court, there is a very good chance the judge will agree with you - as long as you prove you are a Zambrano carer.

Thank you God bless you
i will like to go for the administrative review, Can you help me through to fill the AR Form online
Thanks

[lolwe]

Do you have Judge Grubb decision?

https://tribunalsdecisions.service.gov. ... 04149-2019

EA/04149/2019

Judge Lever of the First Tier Tribunal agreed with the Court of Appeal ruling. Judge Grubb of the UT disagreed.


In my judgment, Judge Lever materially erred in law by failing to apply the approach of the Supreme Court in Patel and Shah and, in doing so, failed to make appropriate findings as to whether or not the appellant had the required "relationship of dependency" which would, in fact, lead to his daughter being compelled to leave the UK either with, or without, his ex-partner. Of course, Judge Lever did not have the advantage of the Supreme Court's decision in Patel and Shah which post-dated his decision. He, perhaps not unnaturally, applied the terms of reg 16(5) to which his attention was directed. Nevertheless, the declaratory effect of the Supreme Court's decision is that, in retrospect, it is clear that he fell into error. For this reason, his decision cannot stand and I set it aside.

There is one further point on the ground relying on the Supreme Court's decision in Patel and Shah. The grounds are also critical of Judge Lever's adoption of the Court of Appeal's comment (at [78]) that a derivative right is a right of last resort. Although the Supreme Court did not specifically refer to the Court of Appeal's comment that a derivative right of residence is a right of last resort which would only apply if a person has no other means to remain lawfully in the UK, I see no basis for such a limitation in principle. The fact that a person may be able to establish an alternative basis for remaining in the UK does not detract from, if it is established, his EU right of residence derived from the effect of his British citizen child being unable to remain in the UK. Of course, if the individual, in fact, has a right to remain in the UK (say under the Immigration Rules) then the derivative right based upon him leaving the UK and that his British citizen child will be compelled to leave with him would fall away.

[lolwe]

Thank you God bless you
i will like to go for the administrative review, Can you help me through to fill the AR Form online
Thanks

Hi Olaboy,

You should know the First Tier Tribunal says you must appeal an immigration refusal decision within 14 days. The Home Office have up to 28 days to decide your Administrative Review. Sometimes, they take longer than 28 days. You may want to contact the First Tier Tribunal and ask them if you should wait for the AR to finish before lodging a legal claim against the Home Office in the First Tier Tribunal.

I think the online AR application does not give you a lot of space.

First, I would state clearly that I am a Zambrano carer, as of Day-Month-Year.

Second, I would ask the Home Office to review three key and recent rulings on the right to reside:
1.) the Supreme Court in Patel, Shah v SSHD,
2.) Judge Grubb of the Upper Tribunal in Mohamed v SSHD and
3.) Judge Neville of the First Tier Tribunal. Judge Neville looked at many cases. Halcyon Chambers represented the Zambrano carers.

Third, if I still had space, I would include a quote by one of the judges that clearly says the Zambrano right is NOT a right of last resort.

References

• Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

• Mohamed v Secretary of State for the Home Department [2020] UKUT (28 Jul 2020) - https://tribunalsdecisions.service.gov. ... 04149-2019

• https://www.halcyonchambers.com/2020/04 ... -unlawful/

[olaboy]

Thank you God bless you
i will like to go for the administrative review, Can you help me through to fill the AR Form online
Thanks

Hi Olaboy,

You should know the First Tier Tribunal says you must appeal an immigration refusal decision within 14 days. The Home Office have up to 28 days to decide your Administrative Review. Sometimes, they take longer than 28 days. You may want to contact the First Tier Tribunal and ask them if you should wait for the AR to finish before lodging a legal claim against the Home Office in the First Tier Tribunal.

I think the online AR application does not give you a lot of space.

First, I would state clearly that I am a Zambrano carer, as of Day-Month-Year.

Second, I would ask the Home Office to review three key and recent rulings on the right to reside:
1.) the Supreme Court in Patel, Shah v SSHD,
2.) Judge Grubb of the Upper Tribunal in Mohamed v SSHD and
3.) Judge Neville of the First Tier Tribunal. Judge Neville looked at many cases. Halcyon Chambers represented the Zambrano carers.

Third, if I still had space, I would include a quote by one of the judges that clearly says the Zambrano right is NOT a right of last resort.

References

• Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

• Mohamed v Secretary of State for the Home Department [2020] UKUT (28 Jul 2020) - https://tribunalsdecisions.service.gov. ... 04149-2019

• https://www.halcyonchambers.com/2020/04 ... -unlawful/

Thank you
Do i need to include any evidence?

[lolwe]

Thank you
Do i need to include any evidence?

You mean to upload? I think they want new evidence but sure. I don't think it will make a difference to their AR decision, but you can give them the following:

Evidence to prove you are a Zambrano carer
birth certificates, GP registration, school information, divorce decree, etc

Evidence to prove the Zambrano right is NOT a right of last resort
the three court cases mentioned previously - Supreme Court - Patel v SSHD, Upper Tribunal - Mohamed v SSHD, First Tier Tribunal - Judge Neville's cases

I would really think about filing with the First Tier Tribunal as soon as possible. Your Zambrano right to reside expires when the Brexit Transition Period ends on 31 December 2020.

[lolwe]

If you are waiting for your decision on an Administrative Review

The transition period ends on 31 December 2020. The Zambrano right to reside ends on 31 December 2020.

Imagine the Home Office refuse your Administrative Review application on 1 January 2021. In that moment, you will not have a right to reside or work in the UK. You will have to decide very quickly if you want to go to court and file your paperwork relatively quickly.

You should think very carefully about delaying your application to the court. It seems the First Tier Tribunal may accept a legal challenge that has not gone through administrative review.

The Home Office have apparently said that they will continue to accept applications from Zambrano carers until June 2021.

[lolwe]

Thank you God bless you
i will like to go for the administrative review, Can you help me through to fill the AR Form online
Thanks

Hi Olaboy,

You should know the First Tier Tribunal says you must appeal an immigration refusal decision within 14 days. The Home Office have up to 28 days to decide your Administrative Review. Sometimes, they take longer than 28 days. You may want to contact the First Tier Tribunal and ask them if you should wait for the AR to finish before lodging a legal claim against the Home Office in the First Tier Tribunal

If you don't file your legal challenge in time (within 14 days), your claim will be considered to be 'out of time'. You will need to get permission to challenge the Home Office's refusal. Right now, you don't need permission to challenge their refusal.

You need to find out when the court starts counting the 14 days. Do they start the 14 days from today, when you received the first refusal? Will the court start counting the 14 days from when you receive the response to your Administrative Review? If they will accept your challenge now, you should consider filing now due to Brexit.

[Miss-Suz]

Hi Lolwe,
Hope you’re doing well. Would you please tell me which one apply to me? I am trying to do the appeal online

Please select from one of the following options

I have received a decision to refuse my asylum, protection or human rights claim

I am in the UK and I received a refusal decision on:
- An application made before 20 October 2014 as Tier 4 migrant ; or
- An application made before 20 October 2014 as the family member of a Tier 4 migrant ; or
- An application made before 2 March 2015 as a Tier 1, Tier 2 or Tier 5 migrant ; or
- An application made before 2 March 2015 as the family member of a Tier 1, Tier 2 or Tier 5 migrant

I have received a refusal decision dated after 6 April 2015 on:
- An application for leave to enter ; or
- An application for entry clearance ; or
- An application for a certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002 ; or
- An application for a variation of leave to enter or remain with the result that I have no leave to enter or remain

I have received an appealable decision on any other application type (from in or outside of the UK) dated before 6 April 2015

I have received an appealable decision on any other application and the decision is dated on or after 6 April 2015

[Miss-Suz]

Some appeals are exempt from paying a fee.

You should read the Notice of Decision you received when your application was refused to see if your appeal is one of these types.
If you are unsure then you should refer to the person who refused your application to check. Further information is contained in the
guidance notes section "Immigration and Appeals Tribunal fees guidance".

Important: The tribunal will obtain a copy of your notice of decision and will be able to check whether your appeal is exempt. If you claim exemption where the list below does not apply to your appeal, then your appeal will be delayed whilst the tribunal writes to you requesting payment. If you do not pay, your appeal may not proceed.

If your appeal is against a decision listed below then you should click the appropriate box:

Section 2A of the 1971 Act (deprivation of right of abode)

Section 5(1) of the 1971 Act (a decision to make a deportation order)

Paragraphs 8, 9,10, 10A or 12(2) of Schedule 2 to the 1971 Act (a decision that an illegal entrant, any family
or seaman and aircrew is or are to be removed from the United Kingdom by way of directions)

Section 40 of the British Nationality Act 1981 (deprivation of citizenship)

Section 10(1) of the 1999 Act (removal of certain persons unlawfully in the United Kingdom)

Section 76 of the 2002 Act (revocation of indefinite leave to enter or remain in the United Kingdom)

Section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave)

Regulation 19(3) of the Immigration (European Economic Area) Regulations 2006 (a decision to remove an EEA national
or the family member of such a national)

Part 2 of the Asylum and Immigration Tribunal (Fast Track procedure) Rules 2005 applies to your appeal

[Miss-Suz]

What’s the appropriate box to tick?

[lolwe]

Hi Lolwe,
Hope you’re doing well. Would you please tell me which one apply to me? I am trying to do the appeal online

Please select from one of the following options

I have received a decision to refuse my asylum, protection or human rights claim

I am in the UK and I received a refusal decision on:
- An application made before 20 October 2014 as Tier 4 migrant ; or
- An application made before 20 October 2014 as the family member of a Tier 4 migrant ; or
- An application made before 2 March 2015 as a Tier 1, Tier 2 or Tier 5 migrant ; or
- An application made before 2 March 2015 as the family member of a Tier 1, Tier 2 or Tier 5 migrant

I have received a refusal decision dated after 6 April 2015 on:
- An application for leave to enter ; or
- An application for entry clearance ; or
- An application for a certificate of entitlement under section 10 of the Nationality, Immigration and Asylum Act 2002 ; or
- An application for a variation of leave to enter or remain with the result that I have no leave to enter or remain

I have received an appealable decision on any other application type (from in or outside of the UK) dated before 6 April 2015

I have received an appealable decision on any other application and the decision is dated on or after 6 April 2015

[lolwe]

Some appeals are exempt from paying a fee.

You should read the Notice of Decision you received when your application was refused to see if your appeal is one of these types. If you are unsure then you should refer to the person who refused your application to check. Further information is contained in the guidance notes section "Immigration and Appeals Tribunal fees guidance". Important: The tribunal will obtain a copy of your notice of decision and will be able to check whether your appeal is exempt. If you claim exemption where the list below does not apply to your appeal, then your appeal will be delayed whilst the tribunal writes to you requesting payment. If you do not pay, your appeal may not proceed.

If your appeal is against a decision listed below then you should click the appropriate box:

• Section 2A of the 1971 Act (deprivation of right of abode)

• Section 5(1) of the 1971 Act (a decision to make a deportation order)

• Paragraphs 8, 9,10, 10A or 12(2) of Schedule 2 to the 1971 Act (a decision that an illegal entrant, any family
  or seaman and aircrew is or are to be removed from the United Kingdom by way of directions)

• Section 40 of the British Nationality Act 1981 (deprivation of citizenship)

• Section 10(1) of the 1999 Act (removal of certain persons unlawfully in the United Kingdom)

• Section 76 of the 2002 Act (revocation of indefinite leave to enter or remain in the United Kingdom)

• Section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave)

• Regulation 19(3) of the Immigration (European Economic Area) Regulations 2006 (a decision to remove an EEA national or the family member of such a national)

• Part 2 of the Asylum and Immigration Tribunal (Fast Track procedure) Rules 2005 applies to your appeal

None of the above exemptions apply to Zambrano applications under the EU Settlement Scheme (Appendix EU). You have to pay the fee. Either £80 for a decision made on the papers or £140 for a decision made in person at court.