Here2stay wrote: ↑Fri Apr 23, 2021 4:22 pm
snooky wrote: ↑Fri Apr 23, 2021 11:16 am
Here2stay wrote: ↑Fri Apr 23, 2021 12:32 am
Hi all,
Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.
Please Snooky, I need your help with the below response from EUSS.
Thank you.
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.
Yours sincerely,
Hi
What you have or did is called genuine mistake within this tricky immigration system in the UK.
The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.
Reason is that these 2 applications are virtually the same and one can not vary the other.
Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.
They will consider the second application which is most recent.
To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.
Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.
Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.
I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.
Please, am confused and drained and need your help.
Thank you.
Hi
What you have or did is called genuine mistake within this tricky immigration system in the UK.
The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.
Reason is that these 2 applications are virtually the same and one can not vary the other.
Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.
They will consider the second application which is most recent.
To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.
Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.
[/quote]
Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.
I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.
Please, am confused and drained and need your help.
Thank you.
[/quote]
Hi
You are right about what you have just said but it only applies when it's precluding you from meeting the requirements set by the act of parliament.
This is actually an Immigration rule under paragraph 34A. You have to understand that EUSS is a domestic Immigration application and is under 1971 Immigration rules.
As far as a decision hasn't been done, you could reapply for euss to vary the Appendix FM applications.
HO is right under the law to do so as this stops people doing multiple applications.
There's an exception to this rule. Meaning it does not apply to HR applications.
Don't be confused as HO is within the law.
Don't be confused with eea reg 16 applications and its Counterpart euss. As I said it is the same thing but controlled by two different government.