Thank you Lolwe,lolwe wrote: ↑Fri Nov 13, 2020 5:17 pmThis statement is key. Appendix EU does not say this. Their guidance does not say this. Here is what the guidance says.
Home Office Guidance on EUSS for Zambrano Carers
https://assets.publishing.service.gov.u ... gov-uk.pdf
Eligibility Criteria for Indefinite Leave under EUSSYou must first establish whether the applicant has leave to enter or remain under the Immigration Rules (unless this was granted under Part 1 of Appendix EU).
An applicant cannot meet the definition of ‘person with a Zambrano right to reside’ if they have (or, as the case may be, had) THIS SEEMS WRONG leave to enter or remain granted under another part of the Immigration Rules.
If the applicant does (or did) AGAIN, SEEMS WRONG, NOT IN APPENDIX EU have leave to enter or remain granted under another part of the Immigration Rules you must refuse the application with reference to part (b) of the definition of ‘person with a Zambrano right to reside’ within Annex 1 to Appendix EU.
If, at the point of decision, that leave to enter or remain has less than 28 days until its expiration date, you must also consider whether the relevant British citizen will be compelled to leave the UK or EEA if leave to enter or remain under the EU Settlement Scheme is not granted to their primary carer(s).
If the applicant does not have leave under another part of the Immigration Rules you must then go on to consider whether the applicant is an exempt person in line with regulation 16(7)(c).
...
If they are not an ‘exempt person’, then you must move on to consider whether they meet other relevant eligibility criteria set out below for leave under the scheme as a ‘person with a Zambrano right to reside’.
(a) The applicant:
(v) is a person with a Zambrano right to reside
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred
I am currently writing an email to that caseworker