Yes that’s correct,
Entered the UK in 2008 they kept my application for 2 years plus before granted me the leave
ESC
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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 wrote: ↑Wed Nov 25, 2020 3:38 pmThe 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.shay007 wrote: ↑Wed Nov 25, 2020 10:40 amHello,lolwe wrote: ↑Tue Nov 24, 2020 7:18 pmThere 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.
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 real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.
You're welcome, Miss Suz.Miss-Suz wrote: ↑Wed Nov 25, 2020 8:19 pmAnd 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. 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.shay007 wrote: ↑Wed Nov 25, 2020 8:35 pmMy 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 wrote: ↑Wed Nov 25, 2020 3:38 pmThe 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.shay007 wrote: ↑Wed Nov 25, 2020 10:40 amHello,lolwe wrote: ↑Tue Nov 24, 2020 7:18 pm
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.
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 real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.
Factlolwe wrote: ↑Wed Nov 25, 2020 9:10 pmYou're welcome, Miss Suz.Miss-Suz wrote: ↑Wed Nov 25, 2020 8:19 pmAnd 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
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.
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.lolwe wrote: ↑Wed Nov 25, 2020 9:12 pmYou'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.shay007 wrote: ↑Wed Nov 25, 2020 8:35 pmMy 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 wrote: ↑Wed Nov 25, 2020 3:38 pmThe 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.shay007 wrote: ↑Wed Nov 25, 2020 10:40 am
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 real question is whether or not an employer will accept an AR acknowledgment letter as proof of your right to work.
@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.shay007 wrote: ↑Thu Nov 26, 2020 7:31 amWhich 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.lolwe wrote: ↑Wed Nov 25, 2020 9:12 pmYou'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.shay007 wrote: ↑Wed Nov 25, 2020 8:35 pmMy 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 wrote: ↑Wed Nov 25, 2020 3:38 pm
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.
Hi Olaboy,olaboy wrote: ↑Thu Nov 26, 2020 9:38 amGood 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
Dear xxxxx xxxxxlolwe wrote: ↑Thu Nov 26, 2020 10:52 amHi Olaboy,olaboy wrote: ↑Thu Nov 26, 2020 9:38 amGood 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
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
Hi Olaboy,olaboy wrote: ↑Thu Nov 26, 2020 2:52 pmReasons why your application has been refusedlolwe wrote: ↑Thu Nov 26, 2020 10:52 amHi Olaboy,olaboy wrote: ↑Thu Nov 26, 2020 9:38 amGood 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
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
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.
Why is the Zambrano right NOT a right of last resort? (Or, why the Home Office is wrong)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.
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 youlolwe wrote: ↑Thu Nov 26, 2020 3:48 pmHi Olaboy,olaboy wrote: ↑Thu Nov 26, 2020 2:52 pmReasons why your application has been refusedlolwe wrote: ↑Thu Nov 26, 2020 10:52 amHi Olaboy,olaboy wrote: ↑Thu Nov 26, 2020 9:38 amGood 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
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
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.
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/16Why is the Zambrano right NOT a right of last resort? (Or, why the Home Office is wrong)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.
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.
https://tribunalsdecisions.service.gov. ... 04149-2019
Hi Olaboy,
Thank youlolwe wrote: ↑Thu Nov 26, 2020 4:58 pmHi 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
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:
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.lolwe wrote: ↑Thu Nov 26, 2020 4:58 pmHi 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
Miss-Suz wrote: ↑Thu Nov 26, 2020 8:54 pmHi 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
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.Miss-Suz wrote: ↑Thu Nov 26, 2020 8:56 pmSome 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