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'''The Home Office / SSHD may refuse an application because of the following''lolwe wrote: ↑Sat Oct 31, 2020 9:34 amHome Office Refusals
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 (Child’s name) will not be compelled to leave the UK or the EEA.
1.) The Home Office created a settlement category for Zambrano carers.
2.) They defined Zambrano carers as people who do not have leave to remain under Appendix FM.
3.) They then denied many Zambrano carers settlement for not having leave to remain under Appendix FM.
4.) They also denied many Zambrano carers settlement for having leave to remain under Appendix FM.
Therefore, the route to settlement under Appendix EU for many Zambrano carers is actually non existent.
Moreover, because some Zambrano carers do actually get settlement, that means the way the Home Office / SSHD implements the EU Settlement Scheme is inconsistent, if not discriminatory.
Any legal challenge to a refusal should make this point.
Any help anybody? wld really appreciate it. thanksshay007 wrote: ↑Fri Oct 30, 2020 8:49 pmHello snooky/evryone,
I just received my refusal letter and i have no choice than to take it on the chin and move on right?
The reasons why my application was refused is below -
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, its 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 provided sufficient evidence that you are xxxxx direct relative or legal guardian.
A direct relative is defined to include the following relatives only:
* parent
* grandparent
* spouse or civil partner
* child
* grandchild
* sibling
You state that xxxxx is your nephew. you have provided statements from his parents stating that you are their brother and brother in law, therefore making you the uncle of their son xxxx. Although you have not provided official documents such as a birth certificate proving your relationship to the mother or father of xxx as a sibling, this department accepts based on the personal statements provided, that you are xxxxx 's uncle. Despite this evidence, as this particular relationship doesn't fall within the definition of a direct relative given above you are unable to meet this requirement.
You have provided as evidence written statements from the parents of your sponsor stating that you have parental responsibilities for your sponsor. This department is unable to accept anecdotal personal statements from family members of an applicants as evidence of primary care over a British citizen child. This department requires evidence of legal guardianship in the form of a guardianship order issued by a UK family court. You have not provided such evidence and as a result cannot be considered as a legal guardian for your sponsor.
As you have not provided any evidence that you are xxxx direct relative or legal guardian your application cannot succeed as you must meet all the requirements in regulation 16(5) to be considered a person with a zambrano right to reside on this basis. We have therefore not considered the rest of your application.
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.
It is noted that you previously applied for status as the primary carer of your sponsor and have been refused on the same basis. Unless you are able to provide evidence that addresses the points made above, any future applications will be refused for the same reasons as stated above.
we note that you state that you are employed within the healthcare sector and as such we have considered whether you qualify for the automatic visa extension set out by the government. We recognise the huge importance of the health and social care sector, which is providing vital services following the coronavirus outbreak , which has led to the extension announced by the Home secretary.
In the secretary of state's announcements on 31 march 2020 and subsequently on 29 April 2020, specific healthcare staff were confirmed as eligible for the scheme if the individual undertakes a qualifying role and as a visa due to expire before 1 october 2020.
we have assessed your current circumstances based on the details provided and unfortunately you do not currently meet the criteria to qualify for the automatic visa extension.
Next steps summary
i can reapply or apply for an administrative review and i have 28 days to do so. i have 14 days from the date of the decision to appeal.
you can appeal on the basis that the decision is not in accordance with the EU settlement scheme rules, or hat it breaches any rights you have under the withdrawal agreement , the eea efta seperation agreement, or the swiss citizens rights agreement. you may bring or continue an appeal from inside or outside the uk.
The documents i added were
Birth certificate of my nephew which they didnt acknowledge
letters from school
letter from GP
british passport
my bank statement
statements from both parents
my timeline
Applied on the 26th of feb
biometric - 2nd wk in march
COA - 2nd wk in April
Refusal - 27th October
I have no previos brp.
So everyone what do you think is the next best step? Thank you everyone
Thanks for your reply as always snooky. To breakdown what I just read from your reply, you reckon I should for AR? And also could you pls explain what you meant by your last paragraph because I don’t really get it. And do you also think the list of documents added were enough or more was needed? I have a week left to submit my AR and I need every help possible. Thank yousnooky wrote: ↑Mon Nov 02, 2020 7:03 am@Shay007
Sorry to hear that HO has refused you.
I think they have given their reasons but in law their reasons outline is even incompatible to both the WA and EU charter of articles on extended family.
One category of these eu exit agreements scheme is given extended family right and another been denied.
The only way is money and court as the policy been use exclude you from meeting EEA right to exercise your treaty right.
The Zambrano jurisprudence did not exclude anyone nor said you should only have it when you're in the UK.
The HO has listed people they think could be Zambrano but this is a drift from the ruling.
The HO policy could be challenged should you have money in accordance of Alvi vs SSHD case law or precedent
Hishay007 wrote: ↑Mon Nov 02, 2020 9:00 amThanks for your reply as always snooky. To breakdown what I just read from your reply, you reckon I should for AR? And also could you pls explain what you meant by your last paragraph because I don’t really get it. And do you also think the list of documents added were enough or more was needed? I have a week left to submit my AR and I need every help possible. Thank yousnooky wrote: ↑Mon Nov 02, 2020 7:03 am@Shay007
Sorry to hear that HO has refused you.
I think they have given their reasons but in law their reasons outline is even incompatible to both the WA and EU charter of articles on extended family.
One category of these eu exit agreements scheme is given extended family right and another been denied.
The only way is money and court as the policy been use exclude you from meeting EEA right to exercise your treaty right.
The Zambrano jurisprudence did not exclude anyone nor said you should only have it when you're in the UK.
The HO has listed people they think could be Zambrano but this is a drift from the ruling.
The HO policy could be challenged should you have money in accordance of Alvi vs SSHD case law or precedent
Hello snooky,wish to continuously thank you for all your effort on this platform. Only our good God almighty will forever bless you abundantly.snooky wrote: ↑Mon Nov 02, 2020 9:52 amTo all
Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.
Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.
It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.
For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.
Please keep protecting yourselves too from covid19 and stay safe
Hi SebelSebel wrote: ↑Mon Nov 02, 2020 7:59 pmHello snooky,wish to continuously thank you for all your effort on this platform. Only our good God almighty will forever bless you abundantly.snooky wrote: ↑Mon Nov 02, 2020 9:52 amTo all
Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.
Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.
It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.
For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.
Please keep protecting yourselves too from covid19 and stay safe
Please I don't really understand this point;"For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant"... please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?
snooky wrote: ↑Mon Nov 02, 2020 8:34 pmHi SebelSebel wrote: ↑Mon Nov 02, 2020 7:59 pmHello snooky,wish to continuously thank you for all your effort on this platform. Only our good God almighty will forever bless you abundantly.snooky wrote: ↑Mon Nov 02, 2020 9:52 amTo all
Is Monday 2nd of November 2020 today. What is this means. This means we barely has 60 days left for those who haven't applied for Zambrano in both EUSS and EEA to do so.
Come 01 January 2021, we will all have to talk about those who have made an application and still waiting for their decisions.
It is sad that most people could or would not make it to ILR or LL under this policy but I will say that you have all put a good fight, kudos.
For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant.
Please keep protecting yourselves too from covid19 and stay safe
Please I don't really understand this point;"For those who have EEA BRCs under whichever category, please make sure by 30 June 2021, your application for euss is in else from 1 July 2021, you I'll be termed as an irregular migrant"... please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?
Please does it also goes to those who have been granted Drf1 Zambrano ? Please I don't really understand the point. If yes,how do we go about applying?
YES you have to make sure you have applied for euss Zambrano else the EEA Zambrano under eu route will be invalid. This must be done before 1 July 2021 for EUSS.
The quote is taken from ojoke2020's refusal letter - See Post by ojoke2020 » Wed Oct 28, 2020 6:04 pmnetqueen wrote: ↑Sun Nov 01, 2020 3:22 pm'''The Home Office / SSHD may refuse an application because of the following''lolwe wrote: ↑Sat Oct 31, 2020 9:34 amHome Office Refusals
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 (Child’s name) will not be compelled to leave the UK or the EEA.
1.) The Home Office created a settlement category for Zambrano carers.
2.) They defined Zambrano carers as people who do not have leave to remain under Appendix FM.
3.) They then denied many Zambrano carers settlement for not having leave to remain under Appendix FM.
4.) They also denied many Zambrano carers settlement for having leave to remain under Appendix FM.
Therefore, the route to settlement under Appendix EU for many Zambrano carers is actually non existent.
Moreover, because some Zambrano carers do actually get settlement, that means the way the Home Office / SSHD implements the EU Settlement Scheme is inconsistent, if not discriminatory.
Any legal challenge to a refusal should make this point.
Hi,
Could you kindly give me the source of the above quote. I mean the exact page you quoted it from , want to read further on it.
It is interesting as you have summarised it above,
Thank you
There are two separate pieces of legislation:lida56 wrote: ↑Fri Oct 30, 2020 7:45 pmHello everybody,
@Snooky and every senior member,
ojoke2020 has been given the option of right of appeal under Citizens’ Rights Appeals) (EU Exit) Regulations 2020. ojoke2020 applied before the exit day, I still do not understand how is different from right of appeal to FTT allowed for those who applied after exit day. Will you please clarify on that. With regards and many appreciation for your help and valuable guidance, during such hard times for all of us.
Oh @lida56, that's great news! Congratulations. You very well deserve it.
Thanks. Congrats again.
LulubabyLULUBABY wrote: ↑Wed Nov 04, 2020 5:25 amI have been typing and deleting, downloading and uploading. Poor PDF can’t believe in 2020 someone is still trying to force it to copy and paste and save.
Jesus Wept!!!
No wonder Lawyers charge thousands of pounds for applications that cost a few hundreds of pounds.
That reminds me, Mubashir, Snooky, IST, Dimiku and all of you who have received your positive decisions should not forget to remind SANTA to ‘UP HIS GAME’ this year ooooo, because this journey wouldn’t have been possible without these children.
Lida56
@Lulubaby,LULUBABY wrote: ↑Wed Nov 04, 2020 5:25 amI have been typing and deleting, downloading and uploading. Poor PDF can’t believe in 2020 someone is still trying to force it to copy and paste and save.
Jesus Wept!!!
No wonder Lawyers charge thousands of pounds for applications that cost a few hundreds of pounds.
That reminds me, Mubashir, Snooky, IST, Dimiku and all of you who have received your positive decisions should not forget to remind SANTA to ‘UP HIS GAME’ this year ooooo, because this journey wouldn’t have been possible without these children.