Zambrano Settled Status EU settlement scheme Paper Application Form

[snooky]

@Snooky, I am Nigerian.

Hi

You have the right to reside under CHEN regulation or wider EU laws.

Zambrano is not for you and the good news is that recent cases have removed the self sufficient requirement from chen principles.

Chen cases at times are looked at with speed by the home Office so why not

Good luck

[Ngoo]

@njazzy
Sorry to hear your refusal under the settlement scheme.
I seriously cannot get the HO.They should stop playing dangerous games with people’s future.

@ Snooky, you are right. Fighting through the court is a good idea as they know that sometimes we throw in the towel first. I am going to start saving up to get myself a good solicitor. Just waiting for the 26th April to start mounting pressure on them.

[Ngoo]

@Snooky,

How does the Home Office access Zambrano carers? Thanks

[njazzy]

Guys just to let you know that I have been refused. Just got a letter today . CoA dated 9th July. Refusal dated 9th March. Will go through the letter and let you know of the reasons.

Refused because I currently have leave to remain. And the scheme is meant for people who do not already have leave to remain. Well, I think that’s what they have finally agreed to do. I just have to prepare and start applying for my extension. All the best and keep your fingers crossed.

Hi njazzy,

Sorry to hear that outcome.

Were you given a right of appeal and do you plan to appeal it if given the right to do so?

Yes. I was given right to appeal. Is it worth appealing?

[njazzy]

it says both.

When ur leave is going to expired?
Now i belive this scheme is only for those who already have drv card.

My LTR will expire 23 May. 2020

[njazzy]

Guys just to let you know that I have been refused. Just got a letter today . CoA dated 9th July. Refusal dated 9th March. Will go through the letter and let you know of the reasons.

Refused because I currently have leave to remain. And the scheme is meant for people who do not already have leave to remain. Well, I think that’s what they have finally agreed to do. I just have to prepare and start applying for my extension. All the best and keep your fingers crossed.

So sad to hear about this.
Where you only on 2.5 yrs leave to remain or you also have a Derivative Residence Card (DRC). Thanks.

Only leave to remain please.

[njazzy]

it says both.

When ur leave is going to expired?
Now i belive this scheme is only for those who already have drv card.

You are right. People with DRV or no leave to remain at all are those to be considered.

[CR001]

it says both.

When ur leave is going to expired?
Now i belive this scheme is only for those who already have drv card.

You are right. People with DRV or no leave to remain at all are those to be considered.

Also important to note that you are not technically the primary carer of the child as the child lives with their Italian mother who holds PR, as you have stayed many times across your FLR FP topics.

This also likely taken into account in refusing your zambrano primary carer pre settled status application as the child would in no way be disadvantage or have to leave the UK if you didn't get status and you had to leave.

[lilee13]

@Snooky, I am Nigerian.

Hi

You have the right to reside under CHEN regulation or wider EU laws.

Zambrano is not for you and the good news is that recent cases have removed the self sufficient requirement from chen principles.

Chen cases at times are looked at with speed by the home Office so why not

Good luck

Thanks, Snooky. But I have to ask, why Chen and not Zambrano. I just need to be clear on this.

[njazzy]

it says both.

When ur leave is going to expired?
Now i belive this scheme is only for those who already have drv card.

You are right. People with DRV or no leave to remain at all are those to be considered.

Also important to note that you are not technically the primary carer of the child as the child lives with their Italian mother who holds PR, as you have stayed many times across your FLR FP topics.

This also likely taken into account in refusing your zambrano primary carer pre settled status application as the child would in no way be disadvantage or have to leave the UK if you didn't get status and you had to leave.

You are right but just to let you know that On the application forms they gave two options which are sole primary carer and joint primary carer. I falled under joint primary carer.

[mubashir1981]

When ur leave is going to expired?
Now i belive this scheme is only for those who already have drv card.

You are right. People with DRV or no leave to remain at all are those to be considered.

Also important to note that you are not technically the primary carer of the child as the child lives with their Italian mother who holds PR, as you have stayed many times across your FLR FP topics.

This also likely taken into account in refusing your zambrano primary carer pre settled status application as the child would in no way be disadvantage or have to leave the UK if you didn't get status and you had to leave.

You are right but just to let you know that On the application forms they gave two options which are sole primary carer and joint primary carer. I falled under joint primary carer.

In joint primary carer both carer should require to leave then it will considered. For example both have no leave to remain.

[mubashir1981]

it says both.

When ur leave is going to expired?
Now i belive this scheme is only for those who already have drv card.

You are right. People with DRV or no leave to remain at all are those to be considered.

Also important to note that you are not technically the primary carer of the child as the child lives with their Italian mother who holds PR, as you have stayed many times across your FLR FP topics.

This also likely taken into account in refusing your zambrano primary carer pre settled status application as the child would in no way be disadvantage or have to leave the UK if you didn't get status and you had to leave.

In that case in refusal should state that too that he is not primary carer.

[snooky]

@2.5 LTR Members and those without Derivatives already

As per the new Zambrano guidance under EU settlement scheme published on February this year explains;

The Home Office caseworkers would try and refuse all applications made by you if

1. You have more than 28 days leave at the time of decision
2. If you have never had Zambrano under EEA

This problem isn't caused by the law but by Home Office guidance.

What you all could do is to take advantage of your appeal right. Home Office knows refusing is contrary to the law but as far as their illegal guidance stays then is cool

There's no provision in the eea regulations that says, there should be domestic immigration applicantion made first and/or having controlled immigration leave should make you ineligible .

Remember PSIC CAN are allowed under regulation 16(7) to7A

[njazzy]

@2.5 LTR Members and those without Derivatives already

As per the new Zambrano guidance under EU settlement scheme published on February this year explains;

The Home Office caseworkers would try and refuse all applications made by you if

1. You have more than 28 days leave at the time of decision
2. If you have never had Zambrano under EEA

This problem isn't caused by the law but by Home Office guidance.

What you all could do is to take advantage of your appeal right. Home Office knows refusing is contrary to the law but as far as their illegal guidance stays then is cool

There's no provision in the eea regulations that says, there should be domestic immigration applicantion made first and/or having controlled immigration leave should make you ineligible .

Remember PSIC CAN are allowed under regulation 16(7) to7A

@ Snooky, please how do you go about doing the appeal. Well, i have no idea about it. thanks.

[mubashir1981]

@2.5 LTR Members and those without Derivatives already

As per the new Zambrano guidance under EU settlement scheme published on February this year explains;

The Home Office caseworkers would try and refuse all applications made by you if

1. You have more than 28 days leave at the time of decision
2. If you have never had Zambrano under EEA

This problem isn't caused by the law but by Home Office guidance.

What you all could do is to take advantage of your appeal right. Home Office knows refusing is contrary to the law but as far as their illegal guidance stays then is cool

There's no provision in the eea regulations that says, there should be domestic immigration applicantion made first and/or having controlled immigration leave should make you ineligible .

Remember PSIC CAN are allowed under regulation 16(7) to7A

@ Snooky, please how do you go about doing the appeal. Well, i have no idea about it. thanks.

I dont think so u have appeal right ad u made application b4 31st jan 2020. U can have admin review only if they say in reasoning letter that they accept that u r primary care and only reason not giving u that u have leave to remain with reference of patel case. It would be good if u upload ur refusal letter.

[LULUBABY]

This is sad to hear, after the anxious long wait. I am just wondering if the HO interpretation of Primary Carer is a PERSON who is the sole carer of a British child, WHO initially didn’t have any form of leave to remain before the birth of their child / children or before their child/ children became British thereby getting the derivative right (to be in the country) from their British child/ children ; while Joint Primary Carer are PERSONS who initially both didn’t have leave to remain before their child/children became British thereby getting the derivative right (to be in the country) from their British child / children . They have become Zambrano Carers, whether or not they applied for Derivative card , before some of them went on to get 2.5 leave to remain.

[snooky]

@2.5 LTR Members and those without Derivatives already

As per the new Zambrano guidance under EU settlement scheme published on February this year explains;

The Home Office caseworkers would try and refuse all applications made by you if

1. You have more than 28 days leave at the time of decision
2. If you have never had Zambrano under EEA

This problem isn't caused by the law but by Home Office guidance.

What you all could do is to take advantage of your appeal right. Home Office knows refusing is contrary to the law but as far as their illegal guidance stays then is cool

There's no provision in the eea regulations that says, there should be domestic immigration applicantion made first and/or having controlled immigration leave should make you ineligible .

Remember PSIC CAN are allowed under regulation 16(7) to7A

@ Snooky, please how do you go about doing the appeal. Well, i have no idea about it. thanks.

Follow this link and pick box 3 then follow the online blue fonts

https://www.gov.uk/immigration-asylum-t ... hin-the-uk

[netqueen]

This is sad to hear, after the anxious long wait. I am just wondering if the HO interpretation of Primary Carer is a PERSON who is the sole carer of a British child, WHO initially didn’t have any form of leave to remain before the birth of their child / children or before their child/ children became British thereby getting the derivative right (to be in the country) from their British child/ children ; while Joint Primary Carer are PERSONS who initially both didn’t have leave to remain before their child/children became British thereby getting the derivative right (to be in the country) from their British child / children . They have become Zambrano Carers, whether or not they applied for Derivative card , before some of them went on to get 2.5 leave to remain.

That seems to be the case. I really wish they will send out decisions quickly so at least you will know weather to appeal or just stay put. But typical home office always full of surprises

[LULUBABY]

Does it mean that those who get a positive decision are notified via email first before they get their decision letter by post while those who have been refused find out when they receive their decision letter by post?.

[snooky]

@Snooky, I am Nigerian.

Hi

You have the right to reside under CHEN regulation or wider EU laws.

Zambrano is not for you and the good news is that recent cases have removed the self sufficient requirement from chen principles.

Chen cases at times are looked at with speed by the home Office so why not

Good luck

Thanks, Snooky. But I have to ask, why Chen and not Zambrano. I just need to be clear on this.

lilee13

Why Chen?

Zambrano derivative is for children born in Britain or have come to acquire british citizenship.

So in reverse those children born in other EU member State and have crossed border with their non eu family members are referred to as Chen principles.

In short they are all called Derivative right to reside under regulation 16.

Only british children with non eu family members can do Zambrano.

More also if you have been in Britain for more than six my months and you go back to Ireland with your Irish children, then you could qualify under Surinder Singh principles right of residence which is more easy

[lilee13]

@Snooky, I am Nigerian.

Hi

You have the right to reside under CHEN regulation or wider EU laws.

Zambrano is not for you and the good news is that recent cases have removed the self sufficient requirement from chen principles.

Chen cases at times are looked at with speed by the home Office so why not

Good luck

Thanks, Snooky. But I have to ask, why Chen and not Zambrano. I just need to be clear on this.

lilee13

Why Chen?

Zambrano derivative is for children born in Britain or have come to acquire british citizenship.

So in reverse those children born in other EU member State and have crossed border with their non eu family members are referred to as Chen principles.

In short they are all called Derivative right to reside under regulation 16.

Only british children with non eu family members can do Zambrano.

More also if you have been in Britain for more than six my months and you go back to Ireland with your Irish children, then you could qualify under Surinder Singh principles right of residence which is more easy

Thanks a lot, Snooky. I appreciate your responses.

[Chris90]

Hey all,

Does not surprised home office refused on the basis you currently have leave, like I said they would grant us 10 year route in an instant if it means we do not get a shorter route . I am now curious to see the monthly statistics over the next few months.... Wonder how the numbers of those refused will change?... It was at 6 when I last checked..

As for my case... I have not eased up on them... Still waiting to see what they will do... They are not granting leave in a consistent way, it almost like they have some sort of issues preventing such leave to be granted to non EU promptly. They recently drop some of the barriers in the surinder Singh guidance but did it quietly, the old guidance still remains to turn people off it... This is because they know it would have ended well with a lot of these cases after the end of transition period, mean while the drag their feet with the zambrano cases because its something they did not like for year's.... People continue to put pressure....
I know my decision will come soon, don't know what it will be as this is home office after all but still, I want to be able to challenge in time... DO NOT LET THE HOME OFFICE USES SMARTS AND RUN THE CLOCK DOWN.

Do not speak with the agents that first answer the phone, always express dissatisfaction and ask for a manger...

Best wishes

[LULUBABY]

Hey all,

Does not surprised home office refused on the basis you currently have leave, like I said they would grant us 10 year route in an instant if it means we do not get a shorter route . I am now curious to see the monthly statistics over the next few months.... Wonder how the numbers of those refused will change?... It was at 6 when I last checked..

As for my case... I have not eased up on them... Still waiting to see what they will do... They are not granting leave in a consistent way, it almost like they have some sort of issues preventing such leave to be granted to non EU promptly. They recently drop some of the barriers in the surinder Singh guidance but did it quietly, the old guidance still remains to turn people off it... This is because they know it would have ended well with a lot of these cases after the end of transition period, mean while the drag their feet with the zambrano cases because its something they did not like for year's.... People continue to put pressure....
I know my decision will come soon, don't know what it will be as this is home office after all but still, I want to be able to challenge in time... DO NOT LET THE HOME OFFICE USES SMARTS AND RUN THE CLOCK DOWN.

Do not speak with the agents that first answer the phone, always express dissatisfaction and ask for a manger...

Best wishes

Chris90, you are right. They are really trying to put us off and make us give up. They know most of us already applied before 31st so they decided to give appeal rights to those who applied on or after that date.

It looks like they are not granting the leave inconsistently (though we don’t really know the details of the case of fellow members of this forum) . So far as I can remember, they have given : A) Zambrano carers whose derivative cards have run out. B) Zambrano carers whose derivative cards haven’t run out. C) Zambrano carers with both derivative card and 2.5 ltr. D) Zambrano carers without derivative cards but have current 2.5 ltr.

Most often we just say ‘we have 2.5 years ... but we don’t specify if we are sole carers, have British partners,.... etc. At times too we specify those details initially but some of us don’t remember to go back and read users previous posts and we end up panicking and getting more worked up.

The fact that HO likes drama is not even helping matters.

I am also waiting to see how they decide mine.

My child was asking me how I got to know all those people I mention their names ( Lady Hale, Zambrano , Patel ....) and ‘when they told me all those things I am saying on the phone’. I have now become a ‘pocket lawyer’. I wear ‘wig’ but I have no chambers.

[snooky]

Hey all,

Does not surprised home office refused on the basis you currently have leave, like I said they would grant us 10 year route in an instant if it means we do not get a shorter route . I am now curious to see the monthly statistics over the next few months.... Wonder how the numbers of those refused will change?... It was at 6 when I last checked..

As for my case... I have not eased up on them... Still waiting to see what they will do... They are not granting leave in a consistent way, it almost like they have some sort of issues preventing such leave to be granted to non EU promptly. They recently drop some of the barriers in the surinder Singh guidance but did it quietly, the old guidance still remains to turn people off it... This is because they know it would have ended well with a lot of these cases after the end of transition period, mean while the drag their feet with the zambrano cases because its something they did not like for year's.... People continue to put pressure....
I know my decision will come soon, don't know what it will be as this is home office after all but still, I want to be able to challenge in time... DO NOT LET THE HOME OFFICE USES SMARTS AND RUN THE CLOCK DOWN.

Do not speak with the agents that first answer the phone, always express dissatisfaction and ask for a manger...

Best wishes

Chris90, you are right. They are really trying to put us off and make us give up. They know most of us already applied before 31st so they decided to give appeal rights to those who applied on or after that date.

It looks like they are not granting the leave inconsistently (though we don’t really know the details of the case of fellow members of this forum) . So far as I can remember, they have given : A) Zambrano carers whose derivative cards have run out. B) Zambrano carers whose derivative cards haven’t run out. C) Zambrano carers with both derivative card and 2.5 ltr. D) Zambrano carers without derivative cards but have current 2.5 ltr.

Most often we just say ‘we have 2.5 years ... but we don’t specify if we are sole carers, have British partners,.... etc. At times too we specify those details initially but some of us don’t remember to go back and read users previous posts and we end up panicking and getting more worked up.

The fact that HO likes drama is not even helping matters.

I am also waiting to see how they decide mine.

My child was asking me how I got to know all those people I mention their names ( Lady Hale, Zambrano , Patel ....) and ‘when they told me all those things I am saying on the phone’. I have now become a ‘pocket lawyer’. I wear ‘wig’ but I have no chambers.

I have now become a ‘pocket lawyer’. I wear ‘wig’ but I have no chambers. (Quote and unquote ) lol. I love your humour.

[snooky]

@all Members

Coming weeks would be seen as weeks that home Office failed its own children who are in limbo due to their parents' status.

The only opportunity for the home Office to correct their discrimination type of policy would be missed.

Zambrano was a route to give British children without say a voice to take a serious pride of their right which has been abused by politicians to a equality.

What we seeing here is that, the Teresa May's HOSTILE ENVIRONMENT policies lives on . As said in one of my post, in the beginning the Home Office thought Zambrano Carers would amount to just "1800" TCNs. This is because they showed heavy hand in granting Leave under Zambrano derivative.

Since Zambrano's inception, the home Office have resisted its idea and still fighting up it with their last blood.

Home Office presumably granting presettled or settled status to

1. Those who have had Zambrano before and were not allowed permanent residence after 5 years and then moved on to domestic leave to remain.

2. Those who just finished their Zambrano and not applying for anything under domestic law

3. Those who had Zambrano and were forced to move on to LTR due to No Recourse to public funds rule

4. Those who still have Zambrano right and already assessed and need protection

Inasmuch as we all know, so far no one has been granted Zambrano under the settlement scheme as a first time applicant.

The resistance by the home Office and the contempt by their policies for not given due attention on

A. The Patel vs SSHD supreme court ruling
B. Section 55 (child's best interest)
C. Article of TFEU
D. Regulation 2016(derivative right to reside)
E. Zambrano case law C34/9
F. Article 7 Andy 8 of the regulations
G. Article 3 of Right of the Child (UN Convention)

Shows that the purpose of refusing people under Zambrano both EEA regulations and settlement scheme is all about MONEY.

HOME OFFICE money making is out of control as seen also under CHILD REGISTRATION process for British citizens application. The insult is home Office have appealed the unlawful fee ruling by the courts.

Ya all have to be strong and focused as Home will always tossed the dice wrongly.

The December Patel ruling is final and home Office will always be in court until freedom of movement finishes technically on 30 June 2021 and also those we qualifies have been sorted

Long live all