Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Miss-Suz]

Morning all,
Hope everyone is doing well. I’m so sorry Lulubaby for this refusal. You’re a warrior, keep fighting sis!

Snooky!!!! I’m sooooo happy that you’re back! and so sorry to hear that you were also fighting COVID.

Guys I have something to post. Can you please tell what it’s mean.
Remember, HO refused my EUSS application in November after 18 months of waiting. I appealed their decision instead of doing AR as Lolwe advised me. In the meantime, I had a fresh new DRF1 application made early November which was also refused mid-December, HO sent back all supporting documents and my daughter passport. I also appealed that one. Meaning two ongoing appeals.

To my astonishment, I have received a letter from HO, it’s a Certificate of Application with right to work dated 8th of February. It has been signed by PM Exceptions instead of a case worker.
What does that mean??? Is the Home Office reconsidering their decision before the hearing???

Snooky?? The gurus here what are you guys thinking??

This means your right under the eea application has been extended to cover you till either

A) you win your ftt case
B) to appeal court when the ftt disallow it
C) protection till 30 June 2021 and beyond

In a nutshell till your fight is over. Both EEA applicants and euss applicants have been given what we call some sort of section 3C Leave(variation of leave)

Good to hear you have appealed both and hopefully you will pull through.

HO is full of contempt for continuously using 2017 Patel vs SSHD as a Guidance.

Tnx for your warm words.

Thanks Snooky,

That is really strange, never heard about someone who were first refused and then receiving a Certificate of Application. They said they will make a decision as soon as possible. Usually when the HO refuse, the next step is decided through appeal but in my case, it’s like a new application.

I have been through this twice 5 yrs ago when they refused my permanent residence card. HO never came back to me, I appealed to the Ftt then to the UT.

Many thanks Snooky

[Miss-Suz]

A friend of mine told me that once the appeal has been lodged, the HO will automatically begin reviewing their decision and if they do not withdraw their original refusal decision the Ftt will notify the appelant and the HO of the hearing date.
I have only received a notice of acknowledgment of appeal. No hearing date.
In the notice, the tribunal said that they will inform me of the progress of my appeal in due course.

Nothing has been received from the tribunal but from the HO, so I assume that they are reviewing their decision

[Chris90]

Home office is aware of the potential risk of damage payout should an applicant pursue a claim, especially if you win your appeal...

Please bear this in mind, if the court allow your appeal, home office action of refusing was unlawful. If when they made that unlawful decision you took any loss, and you can document and prove it.. it may be good to go forward with a claim for whatever loss you took and damage that followed...

They sent that COA just to say you had a way to continue living and working etc...

They sending it (COA) this late is to tighten up their defence against you should there be such a claim made against them by you.(surprised they just sent you this) If you was by any chance denied work or any service please try and obtain proof of this, if and when your appeal is allowed, maybe move forward with a claim for compensation from home office, best to do with a lawyer.

Home office only respond appropriately to certain groups when

1 they have the public scrutinizing them.
2 they have to pay monies.

What can you do about it..

Write to the UK judiciary, ask for their involvement.
Home office hates this. Contact the senior president of the tribunal. Let them be aware how home office is tactically using the tribunal resources for appeal they cannot defend at the expense of rights you have/had under both domestic and EU laws, then explain how offensive it is...

Claim for the damage and/or loss.

I am taking my own advice... I am offended that I must appeal to a court for something that was legislated into domestic law and backed up with EU law... Not to mention the caselaws... They are winding down the clock...

Best regards

[Miss-Suz]

Home office is aware of the potential risk of damage payout should an applicant pursue a claim, especially if you win your appeal...

Please bear this in mind, if the court allow your appeal, home office action of refusing was unlawful. If when they made that unlawful decision you took any loss, and you can document and prove it.. it may be good to go forward with a claim for whatever loss you took and damage that followed...

They sent that COA just to say you had a way to continue living and working etc...

They sending it (COA) this late is to tighten up their defence against you should there be such a claim made against them by you.(surprised they just sent you this) If you was by any chance denied work or any service please try and obtain proof of this, if and when your appeal is allowed, maybe move forward with a claim for compensation from home office, best to do with a lawyer.

Home office only respond appropriately to certain groups when

1 they have the public scrutinizing them.
2 they have to pay monies.

What can you do about it..

Write to the UK judiciary, ask for their involvement.
Home office hates this. Contact the senior president of the tribunal. Let them be aware how home office is tactically using the tribunal resources for appeal they cannot defend at the expense of rights you have/had under both domestic and EU laws, then explain how offensive it is...

Claim for the damage and/or loss.

I am taking my own advice... I am offended that I must appeal to a court for something that was legislated into domestic law and backed up with EU law... Not to mention the caselaws... They are winding down the clock...

Best regards

Oh that’s good to know

Thank you so much for your input Chris

[Catalley09]

Home office is aware of the potential risk of damage payout should an applicant pursue a claim, especially if you win your appeal...

Please bear this in mind, if the court allow your appeal, home office action of refusing was unlawful. If when they made that unlawful decision you took any loss, and you can document and prove it.. it may be good to go forward with a claim for whatever loss you took and damage that followed...

They sent that COA just to say you had a way to continue living and working etc...

They sending it (COA) this late is to tighten up their defence against you should there be such a claim made against them by you.(surprised they just sent you this) If you was by any chance denied work or any service please try and obtain proof of this, if and when your appeal is allowed, maybe move forward with a claim for compensation from home office, best to do with a lawyer.

Home office only respond appropriately to certain groups when

1 they have the public scrutinizing them.
2 they have to pay monies.

What can you do about it..

Write to the UK judiciary, ask for their involvement.
Home office hates this. Contact the senior president of the tribunal. Let them be aware how home office is tactically using the tribunal resources for appeal they cannot defend at the expense of rights you have/had under both domestic and EU laws, then explain how offensive it is...

Claim for the damage and/or loss.

I am taking my own advice... I am offended that I must appeal to a court for something that was legislated into domestic law and backed up with EU law... Not to mention the caselaws... They are winding down the clock...

Best regards

@chris90 & snooky

I was first refused euss on the basis that l still have flr fp which expired in October 2020 and l made an in time application for euss and my flr expired whilst euss was being worked on and the next minute l am having all my benefits cut and l am only left holding the coa from euss- l didn’t break any laws and l can’t go to work as l have 3 kids under 6 and 2 with disabilities. Is the section 3c valid? And what other rights do l have? This was my only source of income and l am in limbo regarding most things, is there a way l can get this sorted? And where do l write to? The addresses of the courts etc

My mp is useless ( she is Tory so no hope in having her to help me - tried before)

[snooky]

Home office is aware of the potential risk of damage payout should an applicant pursue a claim, especially if you win your appeal...

Please bear this in mind, if the court allow your appeal, home office action of refusing was unlawful. If when they made that unlawful decision you took any loss, and you can document and prove it.. it may be good to go forward with a claim for whatever loss you took and damage that followed...

They sent that COA just to say you had a way to continue living and working etc...

They sending it (COA) this late is to tighten up their defence against you should there be such a claim made against them by you.(surprised they just sent you this) If you was by any chance denied work or any service please try and obtain proof of this, if and when your appeal is allowed, maybe move forward with a claim for compensation from home office, best to do with a lawyer.

Home office only respond appropriately to certain groups when

1 they have the public scrutinizing them.
2 they have to pay monies.

What can you do about it..

Write to the UK judiciary, ask for their involvement.
Home office hates this. Contact the senior president of the tribunal. Let them be aware how home office is tactically using the tribunal resources for appeal they cannot defend at the expense of rights you have/had under both domestic and EU laws, then explain how offensive it is...

Claim for the damage and/or loss.

I am taking my own advice... I am offended that I must appeal to a court for something that was legislated into domestic law and backed up with EU law... Not to mention the caselaws... They are winding down the clock...

Best regards

@chris90 & snooky

I was first refused euss on the basis that l still have flr fp which expired in October 2020 and l made an in time application for euss and my flr expired whilst euss was being worked on and the next minute l am having all my benefits cut and l am only left holding the coa from euss- l didn’t break any laws and l can’t go to work as l have 3 kids under 6 and 2 with disabilities. Is the section 3c valid? And what other rights do l have? This was my only source of income and l am in limbo regarding most things, is there a way l can get this sorted? And where do l write to? The addresses of the courts etc

My mp is useless ( she is Tory so no hope in having her to help me - tried before)

For your information, switching from LTR to EEA is on a different line so whether in time or not doesn't affect your eea application as you don't need HO authority to become an eea family member.

The benefits people are right to take off your benefits as switching from eea to zambrano is of a different category. Remember as it is, zambrano are excluded from mainstream benefits.

The Sec 3C for eea and euss are different from the domestic immigration section 3c. The rules ain't the same. The instituted the Sec 3C for the withdrawal agreement because the HO actually knows the last to qualify and finished eea leave under regulation 16 is 2026 and by then all family members and their eu members have all been moved to euss(domestic immigration)

If you need support for your kids, you need to approach your local council for them to support under sec 17 for the kids and sec 21 for yourself.

MPs are always useless and are there to do the will of the government. They cant change HO and most of their letters are not strong but basic.

Am sorry to hear you have been through SSHD elimination by substitution.

Don't worry the courts will decide. At times the ftt judges are a bit afraid and crass. They don't want loggerhead with HO.

But if your Skeleton Arguments and witnesses Statement are strong to convince them then you are gonna win.

[snooky]

@Lulubaby

Hi

Hope you are cool.

I am still going through a lot of post but hope you're fine and well.

[Catalley09]

EEA applications
Section 3C will not extend leave where an application is made for an EEA Residence Card under the EEA Regulations, as such an application does not meet the first requirement of section 3C(1). It is not an application for variation of leave. Rather, it is an application for confirmation that the applicant is exercising rights under the EEA Regulations.
On the contrary, an application under the EU Settlement Scheme pursuant to Appendix EU is an application for pre-settled status (limited leave to enter or remain) or settled status (indefinite leave to remain). Therefore, an in- time valid application under that Appendix could engage section 3C.

My argument is l made both the eea and euss , and although l accept the eea is a privilege but euss is a right in terms of section 3c applies as set out above and this is from their own gov website and l thought euss triggered section 3c leave?

[snooky]

EEA applications
Section 3C will not extend leave where an application is made for an EEA Residence Card under the EEA Regulations, as such an application does not meet the first requirement of section 3C(1). It is not an application for variation of leave. Rather, it is an application for confirmation that the applicant is exercising rights under the EEA Regulations.
On the contrary, an application under the EU Settlement Scheme pursuant to Appendix EU is an application for pre-settled status (limited leave to enter or remain) or settled status (indefinite leave to remain). Therefore, an in- time valid application under that Appendix could engage section 3C.

My argument is l made both the eea and euss , and although l accept the eea is a privilege but euss is a right in terms of section 3c applies as set out above and this is from their own gov website and l thought euss triggered section 3c leave?

Please read the post well and understand what I have written. I never said section 3c extend leave. What I said is that some sort of 3c has been created to extend eea and euss leave due to the covid and report saying most people will miss getting their right under both leave if HO continues to use their unreasonable guidance

[gee4]

Hi @snooky

Welcome back and thank goodness for your health. I need your help please. I made AR application back in November to HOn but i have received two different emails to say they haven’t been able to review the application, I was initially told it will be reviewed by Jan 4 and then later 1st of February but another now saying May. I also have appealrd to FTt but no hearing date yet. What can I do please

[netqueen]

Hi All

Am glad to be alive to join you once again.

I have had a very bad health coupled with terror of the day and night covid.

Hope you are all well.

Helloooooooooo snooky,

Glad you are healthy and back on the forum.

Huraaaaaaay

[snooky]

Hi @snooky

Welcome back and thank goodness for your health. I need your help please. I made AR application back in November to HOn but i have received two different emails to say they haven’t been able to review the application, I was initially told it will be reviewed by Jan 4 and then later 1st of February but another now saying May. I also have appealrd to FTt but no hearing date yet. What can I do please

Concerning about your AR, if you think the delay is unreasonable and could have been avoided by the SSHD, your best action is PAP.

For the FTT, with good explanation, facts and reasons, you have right to ask the courts civil servants to expedite your case.

Below is their contact

Urgent appeals
Expedite Requests The First-Tier Tribunal
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
LE1 6ZX
United Kingdom
Email

customer.service@justice.gov.uk

[gee4]

Hi @snooky

Welcome back and thank goodness for your health. I need your help please. I made AR application back in November to HOn but i have received two different emails to say they haven’t been able to review the application, I was initially told it will be reviewed by Jan 4 and then later 1st of February but another now saying May. I also have appealrd to FTt but no hearing date yet. What can I do please

Concerning about your AR, if you think the delay is unreasonable and could have been avoided by the SSHD, your best action is PAP.

For the FTT, with good explanation, facts and reasons, you have right to ask the courts civil servants to expedite your case.

Below is their contact

Urgent appeals
Expedite Requests The First-Tier Tribunal
Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
LE1 6ZX
United Kingdom
Email

customer.service@justice.gov.uk

Thank you Snooky. What is PAP and can I ask if you have a template please.

[snooky]

Hi All

Am glad to be alive to join you once again.

I have had a very bad health coupled with terror of the day and night covid.

Hope you are all well.

Helloooooooooo snooky,

Glad you are healthy and back on the forum.

Huraaaaaaay

Respect!!!!!

Continue with your fight.

[snooky]

@Gee4

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

[snooky]

@Gee4

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

[shay007]

Morning everyone,
It seems like HO don’t send COA anymore. They send your decision instead, is there a reason why? Thanks

[snooky]

Morning everyone,
It seems like HO don’t send COA anymore. They send your decision instead, is there a reason why? Thanks

Hi

The reason is simple.

The caseworkers are working remotely and from home and the Skeleton staff are the office are overwhelmed with information to go through so by the time all the processes go through either your case is done.

Covid has change so much and we are all adjusting ourselves to this new way of life.

That's my opinion!!!!

[Ngoo]

Hi All

Am glad to be alive to join you once again.

I have had a very bad health coupled with terror of the day and night covid.

Hope you are all well.

@Snooky, I am glad to have you back. Hope you are feeling much better, stay safe and remain blessed.

[Miss-Suz]

Morning everyone,
It seems like HO don’t send COA anymore. They send your decision instead, is there a reason why? Thanks

Yes and No, as from my experience I applied for DRF1 on 02/11/2020 they did not send any COA, I got a refusal letter on 19/12/2020. I appealed their decision straight away.
Now I have received a COA last Wednesday the 10/02/2021 but this is after their refusal. So it’s confusing!

[snooky]

Hi All

Am glad to be alive to join you once again.

I have had a very bad health coupled with terror of the day and night covid.

Hope you are all well.

@Snooky, I am glad to have you back. Hope you are feeling much better, stay safe and remain blessed.

Respect.....!!!!!

Tnx

[LULUBABY]

Oh my God, Snooky, thank God you are back. At one point we felt so alone. It's so hard....

How are you and your family?.

So reassuring to have you here.

Thank you so much.

[shay007]

Morning everyone,
It seems like HO don’t send COA anymore. They send your decision instead, is there a reason why? Thanks

Yes and No, as from my experience I applied for DRF1 on 02/11/2020 they did not send any COA, I got a refusal letter on 19/12/2020. I appealed their decision straight away.
Now I have received a COA last Wednesday the 10/02/2021 but this is after their refusal. So it’s confusing!

Thanks for the quick reply. Did you put in administrative review first or? Thanks again

[Miss-Suz]

Morning everyone,
It seems like HO don’t send COA anymore. They send your decision instead, is there a reason why? Thanks

Yes and No, as from my experience I applied for DRF1 on 02/11/2020 they did not send any COA, I got a refusal letter on 19/12/2020. I appealed their decision straight away.
Now I have received a COA last Wednesday the 10/02/2021 but this is after their refusal. So it’s confusing!

Thanks for the quick reply. Did you put in administrative review first or? Thanks again

No I didn’t, I decided to appeal instead of doing administrative review. But this is for EUSS application, that application was made in May 2019, I received a COA for that one in August 2019. They refused in November 2020.
The refusal letter said I could do AR as my application was made before January 2020. But I still appealed.
For my DRF1 they did not send any COA, I just received a refusal letter after a month and half.

[shay007]

Morning everyone,
It seems like HO don’t send COA anymore. They send your decision instead, is there a reason why? Thanks

Yes and No, as from my experience I applied for DRF1 on 02/11/2020 they did not send any COA, I got a refusal letter on 19/12/2020. I appealed their decision straight away.
Now I have received a COA last Wednesday the 10/02/2021 but this is after their refusal. So it’s confusing!

Thanks for the quick reply. Did you put in administrative review first or? Thanks again

No I didn’t, I decided to appeal instead of doing administrative review. But this is for EUSS application, that application was made in May 2019, I received a COA for that one in August 2019. They refused in November 2020.
The refusal letter said I could do AR as my application was made before January 2020. But I still appealed.
For my DRF1 they did not send any COA, I just received a refusal letter after a month and half.

Thanks for the reply once again...I got a refusal letter two months with no COA. I’m thinking of going for AR so that I might receive a COA if possible. But my application is EU settlement not DRF1. I don’t know if you have any advice? Thanks