snooky wrote: ↑Fri Feb 28, 2020 12:09 pm
@Members with 2.5 Leave to Remain
This is copied from Zambrano Revised Guidance 13 February 2020 pages 13-14.
Am posting this because I really understand the anxiety and pressure and the Home Office Russian Reullet game which you guys find yourself
Most have waited for months and would want to sound a word of caution. If since your settlement scheme application, you have run out your leave or have less then 28 days left, please be assured your application would be considered and if refused the courts would allow your appeal as now there is a right of appeal to the scheme.
Remember also that the EEA Zambrano goes co-currently with settled status. Apart from this the settlement scheme has not made provisions for people to do application under British Domestic Immigration and settlement scheme. They overlap.
We should be careful. Once you stuck your neck into EU Settlement please fight it and top it up with EEA Zambrano
Let us talk about it. Tnx
Exempt person
As set out in regulation 16(1) of the EEA Regulations, a person who is an ‘exempt
person cannot have a Zambrano right to reside. An exempt person is defined in regulation 16(7)(c) as a person who:
• has a right to reside in the UK under another provision of the EEA Regulations, for example, as a person who is already exercising free movement rights as an EEA citizen or who is the family member of such a person: see Immigration (European Economic Area) Regulations 2016 (where the applicant has a right to reside in the UK under another provision of the EEA Regulations, they will be an exempt person so cannot be considered a ‘person with a Zambrano right to reside’, but you must then go on to consider whether they are eligible on other groundfor leave under Part 1 of Appendix EU)
• has the right of abode in the UK under section 2 of the Immigration Act 1971 (the 1971 Act), for example, the person is a British citizen: see Right of abode
• is a person to whom section 8 of the 1971 Act, or an order made under section 8(2), applies: see persons exempt from control
. has indefinite leave to enter or remain in the UK, unless this was granted under Part 1 of Appendix EU. You can ascertain this by checking Home Office records. If they do, they may be eligible for indefinite leave to enter or remain under the scheme under condition 2 of rule EU11 of Appendix EU
You 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) leave to enter or remain granted under another part of the Immigration Rules.
If the applicant does (or did) 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 youmust then go on to consider whether the applicant is an exempt person in line with regulation 16(7)(c).
