Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Miss-Suz]

Yes and No, as from my experience I applied for DRF1 on 02/11/2020 they did not send any COA, I got a refusal letter on 19/12/2020. I appealed their decision straight away.
Now I have received a COA last Wednesday the 10/02/2021 but this is after their refusal. So it’s confusing!

Thanks for the quick reply. Did you put in administrative review first or? Thanks again

No I didn’t, I decided to appeal instead of doing administrative review. But this is for EUSS application, that application was made in May 2019, I received a COA for that one in August 2019. They refused in November 2020.
The refusal letter said I could do AR as my application was made before January 2020. But I still appealed.
For my DRF1 they did not send any COA, I just received a refusal letter after a month and half.

Thanks for the reply once again...I got a refusal letter two months with no COA. I’m thinking of going for AR so that I might receive a COA if possible. But my application is EU settlement not DRF1. I don’t know if you have any advice? Thanks

Everyone experience is different, the COA you receive is the Home Office telling you that they are working on your case. When you got a refusal letter, it’s mean a decision has already been made.
In my situation, I got a COA after refusal because I appealed the case and I suspect the HO decided to review it.

[Miss-Suz]

Yes and No, as from my experience I applied for DRF1 on 02/11/2020 they did not send any COA, I got a refusal letter on 19/12/2020. I appealed their decision straight away.
Now I have received a COA last Wednesday the 10/02/2021 but this is after their refusal. So it’s confusing!

Thanks for the quick reply. Did you put in administrative review first or? Thanks again

No I didn’t, I decided to appeal instead of doing administrative review. But this is for EUSS application, that application was made in May 2019, I received a COA for that one in August 2019. They refused in November 2020.
The refusal letter said I could do AR as my application was made before January 2020. But I still appealed.
For my DRF1 they did not send any COA, I just received a refusal letter after a month and half.

Thanks for the reply once again...I got a refusal letter two months with no COA. I’m thinking of going for AR so that I might receive a COA if possible. But my application is EU settlement not DRF1. I don’t know if you have any advice? Thanks

Again your case might be different from me.

I don’t currently hold any leave and I never applied for Appendix FM (LTR)

What’s your status? When did you receive your decision?

[shay007]

Thanks for the quick reply. Did you put in administrative review first or? Thanks again

No I didn’t, I decided to appeal instead of doing administrative review. But this is for EUSS application, that application was made in May 2019, I received a COA for that one in August 2019. They refused in November 2020.
The refusal letter said I could do AR as my application was made before January 2020. But I still appealed.
For my DRF1 they did not send any COA, I just received a refusal letter after a month and half.

Thanks for the reply once again...I got a refusal letter two months with no COA. I’m thinking of going for AR so that I might receive a COA if possible. But my application is EU settlement not DRF1. I don’t know if you have any advice? Thanks

Again your case might be different from me.

I don’t currently hold any leave and I never applied for Appendix FM (LTR)

What’s your status? When did you receive your decision?

I don’t hold any any leave currently as well but I applied for EU settlement. I applied in November and received my decision on the 13th of feb. I applied on the basis of me been the uncle to my nephew I have looking after since he was born. I help out with the parents but HO claim I haven’t showed a link to any of the parent even though they acknowledged the letters from the parents. I don’t know if adding pictures of me and brother in a family picture will help out? Thanks a lot

[Miss-Suz]

No I didn’t, I decided to appeal instead of doing administrative review. But this is for EUSS application, that application was made in May 2019, I received a COA for that one in August 2019. They refused in November 2020.
The refusal letter said I could do AR as my application was made before January 2020. But I still appealed.
For my DRF1 they did not send any COA, I just received a refusal letter after a month and half.

Thanks for the reply once again...I got a refusal letter two months with no COA. I’m thinking of going for AR so that I might receive a COA if possible. But my application is EU settlement not DRF1. I don’t know if you have any advice? Thanks

Again your case might be different from me.

I don’t currently hold any leave and I never applied for Appendix FM (LTR)

What’s your status? When did you receive your decision?

I don’t hold any any leave currently as well but I applied for EU settlement. I applied in November and received my decision on the 13th of feb. I applied on the basis of me been the uncle to my nephew I have looking after since he was born. I help out with the parents but HO claim I haven’t showed a link to any of the parent even though they acknowledged the letters from the parents. I don’t know if adding pictures of me and brother in a family picture will help out? Thanks a lot

Wow your case is complexe,
See, most of us here have been refused simply because HO want us to apply under Appendix FM. And most of us are sole carer.
You might need to seek legal advice. Try to talk to a solicitor.
The thing with Zambrano HO have made it difficult to get even for direct parents like us. In your case the parents are alive and in the UK so I don’t know if you can challenge this.
But try to contact a solicitor, they know better. They will advise you on what to do.

[snooky]

@All

News Flash

UK’s £1,000 child citizenship fee ruled unlawful by appeal court

The appeal court made publicly the ruling yesterday.

The court of appeal rejected this appeal and the department must now reconsider the fee and ensure that children’s best interests are taken fully into account in doing so.

In December 2019 a high court judge ruled that the fee was unlawful after finding it prevented many children from being registered for citizenship, leaving them feeling “alienated, second-best and not fully assimilated into the culture and social fabric of the UK”.

[LULUBABY]

@Lulubaby

Hi

Hope you are cool.

I am still going through a lot of post but hope you're fine and well.

Good morning Snooky, how are you?. Hope you are feeling better.
Please I am trying to request for Oral consideration of application for permission to apply for JR after refusal on papers. What grounds can I set out for renewing the application?.
Thanks.

[LULUBABY]

@Lulubaby

Hi

Hope you are cool.

I am still going through a lot of post but hope you're fine and well.

Hi Snooky, below is the Judge's decision.

Permission is refused

Reasons

(1) The first reason given in the respondent’s decision dated 16/7/20 is that the applicant did not show that her son would be unable to remain in the UK if she left. The applicant’s grounds do not suggest that the respondent was wrong either in taking that as a criterion, or in finding that it was not satisfied. For all the applicant says in her grounds, she fails on this point alone.
(2) The second reason in the decision is that the applicant appears to have reasonable prospects of success in an application on human rights grounds. Judicial review, being the remedy only of last resort, is excluded.
(3) The grounds lack a statement of the facts.
(4) An unidentified and unreported decision of the FtT is not an authority for a legal argument.
(5) The grounds do not specify either a factual or a legal basis on which the decision might be found to have strayed beyond law and reason.

[snooky]

@Lulubaby

Hi

Hope you are cool.

I am still going through a lot of post but hope you're fine and well.

Good morning Snooky, how are you?. Hope you are feeling better.
Please I am trying to request for Oral consideration of application for permission to apply for JR after refusal on papers. What grounds can I set out for renewing the application?.
Thanks.

First of all consider the following below

ACTION SECTION

Look carefully at your case and the legal process and decide if a judicial review is the right option for you, or if there are better ways of using your (and your friends’/supporters’) resources.

Have all aspects of your reasons to remain in the UK been considered?

Have you exercised all your appeal rights?
Can you find new evidence for further submissions to be considered as a fresh claim?

Could you/your supporters work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
Have you talked to your MP about assisting in your case? Read more here

Then

In the letter, you should:

explain in detail how you think the Home Office has acted unfairly, irrationally or unlawfully

say what you want the Home Office to do to put this right, and when you would like them to do it by

ask for a response within a time limit, which is usually 14 days.

Ok, these are stuff you could do buwill advise you that when it comes to JR etc, it is best using a solicitor because of its technicalities.

[LULUBABY]

@Lulubaby

Hi

Hope you are cool.

I am still going through a lot of post but hope you're fine and well.

Good morning Snooky, how are you?. Hope you are feeling better.
Please I am trying to request for Oral consideration of application for permission to apply for JR after refusal on papers. What grounds can I set out for renewing the application?.
Thanks.

First of all consider the following below

ACTION SECTION

Look carefully at your case and the legal process and decide if a judicial review is the right option for you, or if there are better ways of using your (and your friends’/supporters’) resources.

Have all aspects of your reasons to remain in the UK been considered?

Have you exercised all your appeal rights?
Can you find new evidence for further submissions to be considered as a fresh claim?

Could you/your supporters work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
Have you talked to your MP about assisting in your case? Read more here

Then

In the letter, you should:

explain in detail how you think the Home Office has acted unfairly, irrationally or unlawfully

say what you want the Home Office to do to put this right, and when you would like them to do it by

ask for a response within a time limit, which is usually 14 days.

Ok, these are stuff you could do buwill advise you that when it comes to JR etc, it is best using a solicitor because of its technicalities.

Thanks for your response Snooky. I have no appeal rights that's why I went for Judicial review, looking for a pathway.

Most lawyers don't believe in EUSS for those with Leave to remain. Also lockdown and restrictions again make things more difficult.

Yes, I have new evidence to prove that only me can look after my son in the UK and he will go with me if I leave the UK.

I am still wondering why I have to show compulsion, Lady Hale's judgement not withstanding.

[snooky]

@Lulubaby

Hi

Hope you are cool.

I am still going through a lot of post but hope you're fine and well.

Good morning Snooky, how are you?. Hope you are feeling better.
Please I am trying to request for Oral consideration of application for permission to apply for JR after refusal on papers. What grounds can I set out for renewing the application?.
Thanks.

First of all consider the following below

ACTION SECTION

Look carefully at your case and the legal process and decide if a judicial review is the right option for you, or if there are better ways of using your (and your friends’/supporters’) resources.

Have all aspects of your reasons to remain in the UK been considered?

Have you exercised all your appeal rights?
Can you find new evidence for further submissions to be considered as a fresh claim?

Could you/your supporters work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
Have you talked to your MP about assisting in your case? Read more here

Then

In the letter, you should:

explain in detail how you think the Home Office has acted unfairly, irrationally or unlawfully

say what you want the Home Office to do to put this right, and when you would like them to do it by

ask for a response within a time limit, which is usually 14 days.

Ok, these are stuff you could do buwill advise you that when it comes to JR etc, it is best using a solicitor because of its technicalities.

Thanks for your response Snooky. I have no appeal rights that's why I went for Judicial review, looking for a pathway.

Most lawyers don't believe in EUSS for those with Leave to remain. Also lockdown and restrictions again make things more difficult.

Yes, I have new evidence to prove that only me can look after my son in the UK and he will go with me if I leave the UK.

I am still wondering why I have to show compulsion, Lady Hale's judgement not withstanding.

Hi

You can argue that the SSHD failed to implement fully eea requirements (reg 16) within the euss.

The compulsion test comes in because of Agyarko vs SSHD.

Lawyers do believe in zambrano-euss but because it involves money and most of these category are technically hard press, that is why they are not interested.

As you have a new evidence then proceed but as i have said already, were you have reached with your case needs a crafty solicitor and a barrister to who could test the law with proper arguments.

[LULUBABY]

Good morning Snooky, how are you?. Hope you are feeling better.
Please I am trying to request for Oral consideration of application for permission to apply for JR after refusal on papers. What grounds can I set out for renewing the application?.
Thanks.

First of all consider the following below

ACTION SECTION

Look carefully at your case and the legal process and decide if a judicial review is the right option for you, or if there are better ways of using your (and your friends’/supporters’) resources.

Have all aspects of your reasons to remain in the UK been considered?

Have you exercised all your appeal rights?
Can you find new evidence for further submissions to be considered as a fresh claim?

Could you/your supporters work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
Have you talked to your MP about assisting in your case? Read more here

Then

In the letter, you should:

explain in detail how you think the Home Office has acted unfairly, irrationally or unlawfully

say what you want the Home Office to do to put this right, and when you would like them to do it by

ask for a response within a time limit, which is usually 14 days.

Ok, these are stuff you could do buwill advise you that when it comes to JR etc, it is best using a solicitor because of its technicalities.

Thanks for your response Snooky. I have no appeal rights that's why I went for Judicial review, looking for a pathway.

Most lawyers don't believe in EUSS for those with Leave to remain. Also lockdown and restrictions again make things more difficult.

Yes, I have new evidence to prove that only me can look after my son in the UK and he will go with me if I leave the UK.

I am still wondering why I have to show compulsion, Lady Hale's judgement not withstanding.

Hi

You can argue that the SSHD failed to implement fully eea requirements (reg 16) within the euss.

The compulsion test comes in because of Agyarko vs SSHD.

Lawyers do believe in zambrano-euss but because it involves money and most of these category are technically hard press, that is why they are not interested.

As you have a new evidence then proceed but as i have said already, were you have reached with your case needs a crafty solicitor and a barrister to who could test the law with proper arguments.

I hope they will see it as new evidence. They are hospital letters / appointments showing his father's ailment, I didn't submit any hospital letters in my initial application, I just mentioned he isn't well and can't look after a child.

How does it work Snooky, since the Judicial Review is in progress, does it mean I can't put in another EUSS application ?.

[LULUBABY]

Good morning Snooky, how are you?. Hope you are feeling better.
Please I am trying to request for Oral consideration of application for permission to apply for JR after refusal on papers. What grounds can I set out for renewing the application?.
Thanks.

First of all consider the following below

ACTION SECTION

Look carefully at your case and the legal process and decide if a judicial review is the right option for you, or if there are better ways of using your (and your friends’/supporters’) resources.

Have all aspects of your reasons to remain in the UK been considered?

Have you exercised all your appeal rights?
Can you find new evidence for further submissions to be considered as a fresh claim?

Could you/your supporters work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
Have you talked to your MP about assisting in your case? Read more here

Then

In the letter, you should:

explain in detail how you think the Home Office has acted unfairly, irrationally or unlawfully

say what you want the Home Office to do to put this right, and when you would like them to do it by

ask for a response within a time limit, which is usually 14 days.

Ok, these are stuff you could do buwill advise you that when it comes to JR etc, it is best using a solicitor because of its technicalities.

Thanks for your response Snooky. I have no appeal rights that's why I went for Judicial review, looking for a pathway.

Most lawyers don't believe in EUSS for those with Leave to remain. Also lockdown and restrictions again make things more difficult.

Yes, I have new evidence to prove that only me can look after my son in the UK and he will go with me if I leave the UK.

I am still wondering why I have to show compulsion, Lady Hale's judgement not withstanding.

Hi

You can argue that the SSHD failed to implement fully eea requirements (reg 16) within the euss.

The compulsion test comes in because of Agyarko vs SSHD.

Lawyers do believe in zambrano-euss but because it involves money and most of these category are technically hard press, that is why they are not interested.

As you have a new evidence then proceed but as i have said already, were you have reached with your case needs a crafty solicitor and a barrister to who could test the law with proper arguments.

Hi Snooky, the Home Office wrote this in their response. The Applicant was granted LTR Family / Private Life (Breach of Art8). Please what does breach of Art 8 mean?.

[snooky]

First of all consider the following below

ACTION SECTION

Look carefully at your case and the legal process and decide if a judicial review is the right option for you, or if there are better ways of using your (and your friends’/supporters’) resources.

Have all aspects of your reasons to remain in the UK been considered?

Have you exercised all your appeal rights?
Can you find new evidence for further submissions to be considered as a fresh claim?

Could you/your supporters work on presenting your case in the strongest way possible to convince a lawyer to take it on, either under legal aid or pro bono?
Have you talked to your MP about assisting in your case? Read more here

Then

In the letter, you should:

explain in detail how you think the Home Office has acted unfairly, irrationally or unlawfully

say what you want the Home Office to do to put this right, and when you would like them to do it by

ask for a response within a time limit, which is usually 14 days.

Ok, these are stuff you could do buwill advise you that when it comes to JR etc, it is best using a solicitor because of its technicalities.

Thanks for your response Snooky. I have no appeal rights that's why I went for Judicial review, looking for a pathway.

Most lawyers don't believe in EUSS for those with Leave to remain. Also lockdown and restrictions again make things more difficult.

Yes, I have new evidence to prove that only me can look after my son in the UK and he will go with me if I leave the UK.

I am still wondering why I have to show compulsion, Lady Hale's judgement not withstanding.

Hi

You can argue that the SSHD failed to implement fully eea requirements (reg 16) within the euss.

The compulsion test comes in because of Agyarko vs SSHD.

Lawyers do believe in zambrano-euss but because it involves money and most of these category are technically hard press, that is why they are not interested.

As you have a new evidence then proceed but as i have said already, were you have reached with your case needs a crafty solicitor and a barrister to who could test the law with proper arguments.

Hi Snooky, the Home Office wrote this in their response. The Applicant was granted LTR Family / Private Life (Breach of Art8). Please what does breach of Art 8 mean?.

In english, BREACH means(break or rapture).

The question is how can you breach your Article 8 as it is your fundamental right?

It doesn't make any sense in grammar because article 8 not confer but must be confirmed by the SSHD as a matter of principle.

[Hope16]

Finally after 18months of wait my settled status is here
App:8-08-2019
Fingerprint:16-08-2019
COA: November 2019
Decision:19-08-2021(settled status)
Biometric:pending
Don’t even know to express my joy just so much relief to finally be freee

[Darasimidd]

Finally after 18months of wait my settled status is here
App:8-08-2019
Fingerprint:16-08-2019
COA: November 2019
Decision:19-08-2021(settled status)
Biometric:pending
Don’t even know to express my joy just so much relief to finally be freee

Wow congratulations, so happy for you

[snooky]

Finally after 18months of wait my settled status is here
App:8-08-2019
Fingerprint:16-08-2019
COA: November 2019
Decision:19-08-2021(settled status)
Biometric:pending
Don’t even know to express my joy just so much relief to finally be freee

Patience is virtue.

Congratulations and best of wishes in/with your new found status.

[Hope16]

Finally after 18months of wait my settled status is here
App:8-08-2019
Fingerprint:16-08-2019
COA: November 2019
Decision:19-08-2021(settled status)
Biometric:pending
Don’t even know to express my joy just so much relief to finally be freee

Wow congratulations, so happy for you

Thank you very much

[Hope16]

Finally after 18months of wait my settled status is here
App:8-08-2019
Fingerprint:16-08-2019
COA: November 2019
Decision:19-08-2021(settled status)
Biometric:pending
Don’t even know to express my joy just so much relief to finally be freee

Patience is virtue.

Congratulations and best of wishes in/with your new found status.

Thank you very much

[Ngoo]

Finally after 18months of wait my settled status is here
App:8-08-2019
Fingerprint:16-08-2019
COA: November 2019
Decision:19-08-2021(settled status)
Biometric:pending
Don’t even know to express my joy just so much relief to finally be freee

Congratulations to you! Your patience has paid off. All the best and enjoy your freedom

[star31]

@ snooky Please can you help to clarify this. I have read lots of post which states it is the duty of H O to deal with any application within 6 months. Does this mean it is their guideline or is there any Section or Article which states this?

[gee4]

Hi
My admin review has just been refused. I still have an appeal pending but I’m worried about it now. I used the bundle provided by @snooky on this forum for the admin review and appeal, in the refusal for my admin review it does look like the laws quoted in the bundle may not be relevant to all Zambrano carer. It might be wise to consult solicitor if you have the money.
I’m really devastated and don’t know what to do, I don’t want to start a 10 year route when I have been here for over 9 years (student and Family member of eu visa combination). Any advice would be helpful. Thanks

[Obie]

What did the admin review decision states.

[gee4]

What did the admin review decision states.

It states the original decision would be maintained. In other words there will be prospects in Appendix FM and I have never applied for it.

[Obie]

Do you not have appeal rights? better to do that if you do. When it is a policy issue, admin review will not solve the matter.

[gee4]

Do you not have appeal rights? better to do that if you do. When it is a policy issue, admin review will not solve the matter.

Thank you Obie. Yes I have appeal right and I have appealed since October, i have been told the case will go to a review team first before hearing, they have also requested bundle from HO which was due in 5/01/21 but they have not received it back. I called FtT this morning and was told I could put i. expedite request but haven’t done that yet. This whole thing is stressful and so intimidating I cried my eyes out this morning I’m so lost.