Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[help2imm]

Your Drf1 under Regulations 2020 aka Regulations 16 is right and valid under EEA.

You can phone the settlement scheme people after covid19 to request for a form under EU Settlement Scheme for Zambrano Dr.

My advice will be wait for the Drf1 to go through before because HO isn't issuing EU Settlement Scheme status for would be Zambrano unless you have been issued under EEA before

Dear Snooky,

Thanks for the valuable response.

Now anxious to know what are the chances of drf1 application in context of your response that would be Zambrano are not being issued status under EU Settlement Scheme. Would not drf1 be decided under the same set of rules and regulations as would be Zambrano under EU Settlement Scheme?

Thank you in advance.

Good question

First of all, let me start by explaining some dirty legal loopholes that HO have used under Article 15 of the WA. Appendix EU immigration. (CITIZENS RIGHT)

When HO adopted the most of the EU rules into the new appendix eu immigration, there was minor changes and omissions which they have fought with their blood to close the EEA route within the settlement scheme.

The settlement scheme itself though alot of controversies, is more generous than domestic immigration pathway.

The good news is that HO is still under obligation to Issue BRC and to confirm people's right under EU Article 20 of TFEU.

The courts are also adhering to all the case laws and maintaining dignity to uphold the EU law as we are still technically in. We call it implementation period.

Now to your question, HO has misrepresented the case of Patel vs SSHD since it resulted in 2017 and its final ruling at the supreme court on 16 December 2019 whereas HO lost and still not changing the policy guidelines to reflect the supreme courts ruling.

Though minor changes have been made to the Zambrano guidance by the HO sin February this year, it is still not reflecting the courts interpretation of Zambrano.

This minor change inserted to the guidance not was that, at the end of decision about an application made under EU Settlement Scheme Zambrano, if the applicant has less than 28 days left or with no leave then the Caseworker should proceed to grant as failure will compel the union minor child to leave the member state.

This has not taken out the barriers that has hinders peoples choice of making application under EEA by choice. Money is the reason HO is misbahaving this way.

By doing Zambrano under EEA, you actually stand the chance of winning derivative right under regulation 2020(in past R 16).

Why I I says so is that, EU Settlement Scheme is not under EU's jurisdiction and for that matter its implementation is solely a promise by the British government to secure the rights of EU citizens and their families including TCNs. All things in WA have been agreed during the bargain chip period.

With EEA Zambrano, it is still under the jurisdiction of EU so HO would have to respect its rulings and implementation. Breaching it can result to court.

Remember what we have seen most since CA ruling on Patel vs SSHD in May 2019, HO have refused every Zambrano to close the door for people to qualify for EU Settlement Scheme Zambrano. (HO under estimated the People who will qualify for it until hundreds of thousands saw the loopholes in free ILR and applied under the WA EU Settlement Scheme)

Most all most all refusals unde Zambrano EEA that went to FTT was allowed on basis of HO decision to refused

1. Not compatible with Article 20 of TFEU
2. Not in compliance with Zambrano C34/09
3. Not within Article 7 of the regulations
4. Breach of section 55
5. Against UNCRC 3
6. Misrepresentation of Regulations 2020 aka Reg 16
7. Failure to follow Case laws under Patel
8. Disregard to already assessed Derivative Holders
9. HO high fees exclude people to domestically regularized

So in a null shell, HO has left Zambrano Derivative applications to the courts to decide and when you are allowed through appeal process, then you can be lawfully gain the EU Settlement Scheme Zambrano Dr either SETTLED OR PRESETTLED Status.

Most of us have to go court after HO refused our in time application for renewal under Zambrano EEA last year and put our EU Settlement Scheme application in limbo. This is after we have done 5 years already and have assessed as Zambrano Carers

After successfully going to courts for reinstatement then that we had our settled status thereafter.

Thank you very much for detailed response.Really appreciate the valuable advice of yours.
Does it mean HO refusal for sure followed by appeal in FTT would stand a chance in this case.
Even after having DR Zambarno under EEA through FTT, would not we be in same boat applying for DR under EU Settlement Scheme with valid leave to remain refused by giving excuse to apply under domestic law (flr(fp)) and applying under EU Settlement Scheme is a compulsion to a avoid DR Status under Eea becoming invalid after 2020

Thanks in advance

In continuation to above drf1 application made third week of feb 20, does it go through biometric process as well as applicant has received coa within two weeks of application and since then nothing yet...

[snooky]

Dear Snooky,

Thanks for the valuable response.

Now anxious to know what are the chances of drf1 application in context of your response that would be Zambrano are not being issued status under EU Settlement Scheme. Would not drf1 be decided under the same set of rules and regulations as would be Zambrano under EU Settlement Scheme?

Thank you in advance.

Good question

First of all, let me start by explaining some dirty legal loopholes that HO have used under Article 15 of the WA. Appendix EU immigration. (CITIZENS RIGHT)

When HO adopted the most of the EU rules into the new appendix eu immigration, there was minor changes and omissions which they have fought with their blood to close the EEA route within the settlement scheme.

The settlement scheme itself though alot of controversies, is more generous than domestic immigration pathway.

The good news is that HO is still under obligation to Issue BRC and to confirm people's right under EU Article 20 of TFEU.

The courts are also adhering to all the case laws and maintaining dignity to uphold the EU law as we are still technically in. We call it implementation period.

Now to your question, HO has misrepresented the case of Patel vs SSHD since it resulted in 2017 and its final ruling at the supreme court on 16 December 2019 whereas HO lost and still not changing the policy guidelines to reflect the supreme courts ruling.

Though minor changes have been made to the Zambrano guidance by the HO sin February this year, it is still not reflecting the courts interpretation of Zambrano.

This minor change inserted to the guidance not was that, at the end of decision about an application made under EU Settlement Scheme Zambrano, if the applicant has less than 28 days left or with no leave then the Caseworker should proceed to grant as failure will compel the union minor child to leave the member state.

This has not taken out the barriers that has hinders peoples choice of making application under EEA by choice. Money is the reason HO is misbahaving this way.

By doing Zambrano under EEA, you actually stand the chance of winning derivative right under regulation 2020(in past R 16).

Why I I says so is that, EU Settlement Scheme is not under EU's jurisdiction and for that matter its implementation is solely a promise by the British government to secure the rights of EU citizens and their families including TCNs. All things in WA have been agreed during the bargain chip period.

With EEA Zambrano, it is still under the jurisdiction of EU so HO would have to respect its rulings and implementation. Breaching it can result to court.

Remember what we have seen most since CA ruling on Patel vs SSHD in May 2019, HO have refused every Zambrano to close the door for people to qualify for EU Settlement Scheme Zambrano. (HO under estimated the People who will qualify for it until hundreds of thousands saw the loopholes in free ILR and applied under the WA EU Settlement Scheme)

Most all most all refusals unde Zambrano EEA that went to FTT was allowed on basis of HO decision to refused

1. Not compatible with Article 20 of TFEU
2. Not in compliance with Zambrano C34/09
3. Not within Article 7 of the regulations
4. Breach of section 55
5. Against UNCRC 3
6. Misrepresentation of Regulations 2020 aka Reg 16
7. Failure to follow Case laws under Patel
8. Disregard to already assessed Derivative Holders
9. HO high fees exclude people to domestically regularized

So in a null shell, HO has left Zambrano Derivative applications to the courts to decide and when you are allowed through appeal process, then you can be lawfully gain the EU Settlement Scheme Zambrano Dr either SETTLED OR PRESETTLED Status.

Most of us have to go court after HO refused our in time application for renewal under Zambrano EEA last year and put our EU Settlement Scheme application in limbo. This is after we have done 5 years already and have assessed as Zambrano Carers

After successfully going to courts for reinstatement then that we had our settled status thereafter.

Thank you very much for detailed response.Really appreciate the valuable advice of yours.
Does it mean HO refusal for sure followed by appeal in FTT would stand a chance in this case.
Even after having DR Zambarno under EEA through FTT, would not we be in same boat applying for DR under EU Settlement Scheme with valid leave to remain refused by giving excuse to apply under domestic law (flr(fp)) and applying under EU Settlement Scheme is a compulsion to a avoid DR Status under Eea becoming invalid after 2020

Thanks in advance

In continuation to above drf1 application made third week of feb 20, does it go through biometric process as well as applicant has received coa within two weeks of application and since then nothing yet...

Before covid19, application to Drf1 department were been process in 8 weeks. Though HO is partially shut the caseworkers are still working and processing of documentation has delayed.

But in a normal process, within 4 weeks you should have your biometric process and CoA given.

[help2imm]

Good question

First of all, let me start by explaining some dirty legal loopholes that HO have used under Article 15 of the WA. Appendix EU immigration. (CITIZENS RIGHT)

When HO adopted the most of the EU rules into the new appendix eu immigration, there was minor changes and omissions which they have fought with their blood to close the EEA route within the settlement scheme.

The settlement scheme itself though alot of controversies, is more generous than domestic immigration pathway.

The good news is that HO is still under obligation to Issue BRC and to confirm people's right under EU Article 20 of TFEU.

The courts are also adhering to all the case laws and maintaining dignity to uphold the EU law as we are still technically in. We call it implementation period.

Now to your question, HO has misrepresented the case of Patel vs SSHD since it resulted in 2017 and its final ruling at the supreme court on 16 December 2019 whereas HO lost and still not changing the policy guidelines to reflect the supreme courts ruling.

Though minor changes have been made to the Zambrano guidance by the HO sin February this year, it is still not reflecting the courts interpretation of Zambrano.

This minor change inserted to the guidance not was that, at the end of decision about an application made under EU Settlement Scheme Zambrano, if the applicant has less than 28 days left or with no leave then the Caseworker should proceed to grant as failure will compel the union minor child to leave the member state.

This has not taken out the barriers that has hinders peoples choice of making application under EEA by choice. Money is the reason HO is misbahaving this way.

By doing Zambrano under EEA, you actually stand the chance of winning derivative right under regulation 2020(in past R 16).

Why I I says so is that, EU Settlement Scheme is not under EU's jurisdiction and for that matter its implementation is solely a promise by the British government to secure the rights of EU citizens and their families including TCNs. All things in WA have been agreed during the bargain chip period.

With EEA Zambrano, it is still under the jurisdiction of EU so HO would have to respect its rulings and implementation. Breaching it can result to court.

Remember what we have seen most since CA ruling on Patel vs SSHD in May 2019, HO have refused every Zambrano to close the door for people to qualify for EU Settlement Scheme Zambrano. (HO under estimated the People who will qualify for it until hundreds of thousands saw the loopholes in free ILR and applied under the WA EU Settlement Scheme)

Most all most all refusals unde Zambrano EEA that went to FTT was allowed on basis of HO decision to refused

1. Not compatible with Article 20 of TFEU
2. Not in compliance with Zambrano C34/09
3. Not within Article 7 of the regulations
4. Breach of section 55
5. Against UNCRC 3
6. Misrepresentation of Regulations 2020 aka Reg 16
7. Failure to follow Case laws under Patel
8. Disregard to already assessed Derivative Holders
9. HO high fees exclude people to domestically regularized

So in a null shell, HO has left Zambrano Derivative applications to the courts to decide and when you are allowed through appeal process, then you can be lawfully gain the EU Settlement Scheme Zambrano Dr either SETTLED OR PRESETTLED Status.

Most of us have to go court after HO refused our in time application for renewal under Zambrano EEA last year and put our EU Settlement Scheme application in limbo. This is after we have done 5 years already and have assessed as Zambrano Carers

After successfully going to courts for reinstatement then that we had our settled status thereafter.

Thank you very much for detailed response.Really appreciate the valuable advice of yours.
Does it mean HO refusal for sure followed by appeal in FTT would stand a chance in this case.
Even after having DR Zambarno under EEA through FTT, would not we be in same boat applying for DR under EU Settlement Scheme with valid leave to remain refused by giving excuse to apply under domestic law (flr(fp)) and applying under EU Settlement Scheme is a compulsion to a avoid DR Status under Eea becoming invalid after 2020

Thanks in advance

In continuation to above drf1 application made third week of feb 20, does it go through biometric process as well as applicant has received coa within two weeks of application and since then nothing yet...

Before covid19, application to Drf1 department were been process in 8 weeks. Though HO is partially shut the caseworkers are still working and processing of documentation has delayed.

But in a normal process, within 4 weeks you should have your biometric process and CoA given.

Thanks for the answer but I did not understand the way it works.
Once application is sent by post and they take the fee out which is within a week in this case. Does biometric happens before COA or after as in this case COA arrived in two weeks of application without the biometric happened.

Thanks in Advance.

[snooky]

Thank you very much for detailed response.Really appreciate the valuable advice of yours.
Does it mean HO refusal for sure followed by appeal in FTT would stand a chance in this case.
Even after having DR Zambarno under EEA through FTT, would not we be in same boat applying for DR under EU Settlement Scheme with valid leave to remain refused by giving excuse to apply under domestic law (flr(fp)) and applying under EU Settlement Scheme is a compulsion to a avoid DR Status under Eea becoming invalid after 2020

Thanks in advance

In continuation to above drf1 application made third week of feb 20, does it go through biometric process as well as applicant has received coa within two weeks of application and since then nothing yet...

Before covid19, application to Drf1 department were been process in 8 weeks. Though HO is partially shut the caseworkers are still working and processing of documentation has delayed.

But in a normal process, within 4 weeks you should have your biometric process and CoA given.

Thanks for the answer but I did not understand the way it works.
Once application is sent by post and they take the fee out which is within a week in this case. Does biometric happens before COA or after as in this case COA arrived in two weeks of application without the biometric happened.

Thanks in Advance.

Yes

Biomatric happens first then follow by CoA and finally to decision

[help2imm]

In continuation to above drf1 application made third week of feb 20, does it go through biometric process as well as applicant has received coa within two weeks of application and since then nothing yet...

Before covid19, application to Drf1 department were been process in 8 weeks. Though HO is partially shut the caseworkers are still working and processing of documentation has delayed.

But in a normal process, within 4 weeks you should have your biometric process and CoA given.

Thanks for the answer but I did not understand the way it works.
Once application is sent by post and they take the fee out which is within a week in this case. Does biometric happens before COA or after as in this case COA arrived in two weeks of application without the biometric happened.

Thanks in Advance.

Yes

Biomatric happens first then follow by CoA and finally to decision

Thanks. What could be the reason of getting COA without biometric in this case then? Application made by post around 18th feb 20, payment taken by HO (reflected on applicant bank a/c) on 26th Feb and COA received on 9th March (issued on 5th March). Is it due to age over 70 (i feel not) or what?
Does the issuance of COA means biometric is not neccessary in this case or if they are doing it other way round now or does it mean application is on hold as COA is been issued by mistake without biometric?
Thanks in Advance

[snooky]

Before covid19, application to Drf1 department were been process in 8 weeks. Though HO is partially shut the caseworkers are still working and processing of documentation has delayed.

But in a normal process, within 4 weeks you should have your biometric process and CoA given.

Thanks for the answer but I did not understand the way it works.
Once application is sent by post and they take the fee out which is within a week in this case. Does biometric happens before COA or after as in this case COA arrived in two weeks of application without the biometric happened.

Thanks in Advance.

Yes

Biomatric happens first then follow by CoA and finally to decision

Thanks. What could be the reason of getting COA without biometric in this case then? Application made by post around 18th feb 20, payment taken by HO (reflected on applicant bank a/c) on 26th Feb and COA received on 9th March (issued on 5th March). Is it due to age over 70 (i feel not) or what?
Does the issuance of COA means biometric is not neccessary in this case or if they are doing it other way round now or does it mean application is on hold as COA is been issued by mistake without biometric?
Thanks in Advance

Ok,

Home Office might have sent you the COA because

1. You have made a valid application
2. All Biometric centres are closed till further notice
3. Home Office doesn't want to contravene EU laws
4. EU laws say CoA be given as soon as practicable

So as Home Office doesn't know when their Biometric centres going to be opened, then it is within the law. Remember in EU laws, biometric isn't part of the laws and your right has already started under the case law of Senneh vs SSWP

[mubashir1981]

Hi everyone.

I got reply from ho my complaint. Has anybody got any reply for there application? Please update here.

My decision

I am unable to uphold your complaint.
We pride ourselves on the high levels of customer service that we offer, and I am sorry if you felt that the complaint response you received fell below the standards that you could reasonably have expected. Complaints do not affect our decision-making process and making a complaint does not mean that an application will be dealt with more quickly.
Whilst I apologise for the delay in decisions being made on the applications, as previously explained, because you and your wife submitted paper applications it is likely that decisions would take longer than the expected processing times provided on the gov.uk website. Each application is assessed on a case by case basis which can mean that an application submitted at a later time is completed sooner following mandatory checks having been completed.
The casework team has advised that they will be writing to you and your wife to request further evidence in order for the cases to be progressed. Unfortunately, due to offices having to shut down because of Covid-19, the request will be sent once the staff are allowed to return and are able to access the system. This will be dealt with as swiftly as possible.

My response now concludes our complaint procedure. If you are not happy with how we have dealt with your complaint, and would like to take the matter further, you can contact the Parliamentary and Health Service Ombudsman. The Ombudsman makes final decisions on complaints that have not been resolved by the NHS, government departments and some other public organisations. The service is free for everyone. To take a complaint to the Ombudsman, go to www.ombudsman.org.uk or call 0345 015 4033. Please note that the Ombudsman can only look at complaints about UK government departments like UKVI and other UK public organisations if a Member of Parliament (MP) refers the complaint to them. You can complete the Ombudsman’s complaint form on their website and ask an MP or their office to sign it. You can find MPs' contact details at www.parliament.uk/mps-lords-and-offices/mps/

Yours sincerely

[snooky]

Hi everyone.

I got reply from ho my complaint. Has anybody got any reply for there application? Please update here.

My decision

I am unable to uphold your complaint.
We pride ourselves on the high levels of customer service that we offer, and I am sorry if you felt that the complaint response you received fell below the standards that you could reasonably have expected. Complaints do not affect our decision-making process and making a complaint does not mean that an application will be dealt with more quickly.
Whilst I apologise for the delay in decisions being made on the applications, as previously explained, because you and your wife submitted paper applications it is likely that decisions would take longer than the expected processing times provided on the gov.uk website. Each application is assessed on a case by case basis which can mean that an application submitted at a later time is completed sooner following mandatory checks having been completed.
The casework team has advised that they will be writing to you and your wife to request further evidence in order for the cases to be progressed. Unfortunately, due to offices having to shut down because of Covid-19, the request will be sent once the staff are allowed to return and are able to access the system. This will be dealt with as swiftly as possible.

My response now concludes our complaint procedure. If you are not happy with how we have dealt with your complaint, and would like to take the matter further, you can contact the Parliamentary and Health Service Ombudsman. The Ombudsman makes final decisions on complaints that have not been resolved by the NHS, government departments and some other public organisations. The service is free for everyone. To take a complaint to the Ombudsman, go to www.ombudsman.org.uk or call 0345 015 4033. Please note that the Ombudsman can only look at complaints about UK government departments like UKVI and other UK public organisations if a Member of Parliament (MP) refers the complaint to them. You can complete the Ombudsman’s complaint form on their website and ask an MP or their office to sign it. You can find MPs' contact details at www.parliament.uk/mps-lords-and-offices/mps/

Yours sincerely

Hello mubashir1981

Good to read your update.

The good and the key not within the script is that, the home Office was about to write to you to request for further documentation before they shut down on 20 march. This is according to to this is letter.

As they have said, you will hear from them as soon they are allowed back. Remember they are still working but on a scale down basis.

Have you heard from the courts

[mubashir1981]

Hi everyone.

I got reply from ho my complaint. Has anybody got any reply for there application? Please update here.

My decision

I am unable to uphold your complaint.
We pride ourselves on the high levels of customer service that we offer, and I am sorry if you felt that the complaint response you received fell below the standards that you could reasonably have expected. Complaints do not affect our decision-making process and making a complaint does not mean that an application will be dealt with more quickly.
Whilst I apologise for the delay in decisions being made on the applications, as previously explained, because you and your wife submitted paper applications it is likely that decisions would take longer than the expected processing times provided on the gov.uk website. Each application is assessed on a case by case basis which can mean that an application submitted at a later time is completed sooner following mandatory checks having been completed.
The casework team has advised that they will be writing to you and your wife to request further evidence in order for the cases to be progressed. Unfortunately, due to offices having to shut down because of Covid-19, the request will be sent once the staff are allowed to return and are able to access the system. This will be dealt with as swiftly as possible.

My response now concludes our complaint procedure. If you are not happy with how we have dealt with your complaint, and would like to take the matter further, you can contact the Parliamentary and Health Service Ombudsman. The Ombudsman makes final decisions on complaints that have not been resolved by the NHS, government departments and some other public organisations. The service is free for everyone. To take a complaint to the Ombudsman, go to www.ombudsman.org.uk or call 0345 015 4033. Please note that the Ombudsman can only look at complaints about UK government departments like UKVI and other UK public organisations if a Member of Parliament (MP) refers the complaint to them. You can complete the Ombudsman’s complaint form on their website and ask an MP or their office to sign it. You can find MPs' contact details at www.parliament.uk/mps-lords-and-offices/mps/

Yours sincerely

Hi Snooky

Hope u r good. I have not heard anything from court yet but i called them 2day and they said no hearing has been done yet but i will hear from them.in due course. I dont think HO need more evidence as they said to me over phone everything looks good and no more documents required. And i already provided them all documents
Any way let see.

[snooky]

Hi everyone.

I got reply from ho my complaint. Has anybody got any reply for there application? Please update here.

My decision

I am unable to uphold your complaint.
We pride ourselves on the high levels of customer service that we offer, and I am sorry if you felt that the complaint response you received fell below the standards that you could reasonably have expected. Complaints do not affect our decision-making process and making a complaint does not mean that an application will be dealt with more quickly.
Whilst I apologise for the delay in decisions being made on the applications, as previously explained, because you and your wife submitted paper applications it is likely that decisions would take longer than the expected processing times provided on the gov.uk website. Each application is assessed on a case by case basis which can mean that an application submitted at a later time is completed sooner following mandatory checks having been completed.
The casework team has advised that they will be writing to you and your wife to request further evidence in order for the cases to be progressed. Unfortunately, due to offices having to shut down because of Covid-19, the request will be sent once the staff are allowed to return and are able to access the system. This will be dealt with as swiftly as possible.

My response now concludes our complaint procedure. If you are not happy with how we have dealt with your complaint, and would like to take the matter further, you can contact the Parliamentary and Health Service Ombudsman. The Ombudsman makes final decisions on complaints that have not been resolved by the NHS, government departments and some other public organisations. The service is free for everyone. To take a complaint to the Ombudsman, go to www.ombudsman.org.uk or call 0345 015 4033. Please note that the Ombudsman can only look at complaints about UK government departments like UKVI and other UK public organisations if a Member of Parliament (MP) refers the complaint to them. You can complete the Ombudsman’s complaint form on their website and ask an MP or their office to sign it. You can find MPs' contact details at www.parliament.uk/mps-lords-and-offices/mps/

Yours sincerely

Hi Snooky

Hope u r good. I have not heard anything from court yet but i called them 2day and they said no hearing has been done yet but i will hear from them.in due course. I dont think HO need more evidence as they said to me over phone everything looks good and no more documents required. And i already provided them all documents
Any way let see.

Hi

Keep your fingers cross. Home Office will definitely get in touch and the courts too.

You will win your Zambrano appeal.

Stay bless

[Toledos]

Good evening all, after 5,5 months of waiting my application was refused.
I am no have wish to live and fight.
I am lost. I am here in UK 7 months now. I am Russian, child British, 17 years old, student. I entered with visitors visa, only option was apply under EU settlement scheme. Visa expired 10 of March.
I spend 9000 pounds to live here borrowed from my friends and family, from 16 of March no paid rent it's already 1100 pounds, we will be evicted when lockdown is over, we have food from food bank. I am not have strength to live, I am tired to fight and survive. What to do?
Received this letter today.

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside. Your application has been carefully considered but unfortunately from the information available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused. The rest of this letter details the reasons you have been refused, what you can do next and the help available from us.
\f1\fs34 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 \

\f0\fs32 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your daughter.........This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child\'92s best interests have been a primary consideration.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your daughter ....... This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child\'92s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence available to us and for the reasons set out in this letter, you do not meet the requirements.

\

\f0\fs32 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 To qualify under the scheme you need to meet the requirements that are set out in Part 1 of Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
\f1\fs34 \cf2 \expnd0\expndtw0\kerning0
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\f0\fs32 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 You have applied under the EU Settlement Scheme as a person with a Zambrano right to reside on the basis that you are the primary carer of a British citizen.
\f1\fs34 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 \

\f0\fs32 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 To qualify under the EU Settlement Scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. Your application has been refused for the reasons set out below.
\f1\fs34 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 \

\f0\fs32 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 You can only be considered a \'91person with a Zambrano right to reside\'92 where Your daughter would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
\f1\fs34 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 \

\f0\fs32 \cf2 \expnd0\expndtw0\kerning0
\outl0\strokewidth0 \strokec2 In order to demonstrate that Your daughter would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as her primary carer.
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 your daughter will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have never made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
It is currently considered that such an application or claim has a realistic prospect of success in your case because it is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and because there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
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.

2 Next steps
If you have additional information or evidence that shows you meet the requirements, you can make another application to the EU Settlement Scheme at any time. Applications are free of charge and you have until 30 June 2021 to reapply.
If you wish to re-apply as a person with a derivative right to reside, you will need to call the EU Settlement Resolution Centre to request another paper application form. Their contact information can be found at www.gov.uk/contact- ukvi-inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-and-pre- settled-status.
If you wish to apply on another basis, you may be able to apply online at apply- for-eu-settled-status.homeoffice.gov.uk. You can find out more about the requirements at www.gov.uk/settled-status-eu-citizens-f ... ligibility.
If you prefer, you can apply for an administrative review. This means that a different caseworker on an independent team will reconsider your application if you think that the original caseworker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application that shows you meet the requirements of the scheme.
You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/government/collections/eu- settlement-scheme-pilot-applicant-information. The administrative review application form is available online at: https://visas- immigration.service.gov.uk/product/admin-review.

If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk
www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status:
}

[Toledos]

Can you please guide me, i am no have strengts and sources. I really dont know what to do. I am.not can have help from any one
No see the way how to survive
If my daughter was white, we easy will go back to Rusdia, but its not safe for her. She no can survive here alone.
She not have rights for House Benefits, she is child and not can provide utility bills and tenancy agrement. She no have Universal Credit she is student. She no can apply for Student loan, she living in UL less than one year.
Only way its me who can look after. But i dont have money now, no right to work. Its issues with surviving, also new circumstances i faced today.
I am dont know how to hire solicitor, i am no have money for food and place to live. I know that i must be strong for my daughter, want to find the way. Please advice me and every one stay safe and happy.

[Prettymum]

Can you please guide me, i am no have strengts and sources. I really dont know what to do. I am.not can have help from any one
No see the way how to survive
If my daughter was white, we easy will go back to Rusdia, but its not safe for her. She no can survive here alone.
She not have rights for House Benefits, she is child and not can provide utility bills and tenancy agrement. She no have Universal Credit she is student. She no can apply for Student loan, she living in UL less than one year.
Only way its me who can look after. But i dont have money now, no right to work. Its issues with surviving, also new circumstances i faced today.
I am dont know how to hire solicitor, i am no have money for food and place to live. I know that i must be strong for my daughter, want to find the way. Please advice me and every one stay safe and happy.

Hi Toledos,

Am so sorry to hear about the refusal... did they send you an email or by post.

[Toledos]

Them eamiled me with letter inside, i posted their letter in.my previous post. I am not have strenght, finance to deal with it.

[mubashir1981]

Can you please guide me, i am no have strengts and sources. I really dont know what to do. I am.not can have help from any one
No see the way how to survive
If my daughter was white, we easy will go back to Rusdia, but its not safe for her. She no can survive here alone.
She not have rights for House Benefits, she is child and not can provide utility bills and tenancy agrement. She no have Universal Credit she is student. She no can apply for Student loan, she living in UL less than one year.
Only way its me who can look after. But i dont have money now, no right to work. Its issues with surviving, also new circumstances i faced today.
I am dont know how to hire solicitor, i am no have money for food and place to live. I know that i must be strong for my daughter, want to find the way. Please advice me and every one stay safe and happy.

If u didn't have enough money to survive u should have not apply thia application at first place instead take eviction letter to ur local concil and ask for help under children act 17
And make application under human right with fee exception and ask for no recourse to public fund lift for survival.

Now u can ask for review with 80 pound fee if refused again then judicial review which cost alot money and u cant apply for funding for this.
Even u get pre aettle status u cant claim benefit for survival.

Was refusal cane via email? Or by post

[CR001]

Can you please guide me, i am no have strengts and sources. I really dont know what to do. I am.not can have help from any one
No see the way how to survive
If my daughter was white, we easy will go back to Rusdia, but its not safe for her. She no can survive here alone.
She not have rights for House Benefits, she is child and not can provide utility bills and tenancy agrement. She no have Universal Credit she is student. She no can apply for Student loan, she living in UL less than one year.
Only way its me who can look after. But i dont have money now, no right to work. Its issues with surviving, also new circumstances i faced today.
I am dont know how to hire solicitor, i am no have money for food and place to live. I know that i must be strong for my daughter, want to find the way. Please advice me and every one stay safe and happy.

If u didn't have enough money to survive u should have not apply thia application at first place instead take eviction letter to ur local concil and ask for help under children act 17
And make application under human right with fee exception and ask for no recourse to public fund lift for survival.

Now u can ask for review with 80 pound fee if refused again then judicial review which cost alot money and u cant apply for funding for this.
Even u get pre aettle status u cant claim benefit for survival.

Was refusal cane via email? Or by post

The user was advised last year already to apply under immigration rules based on child. The OP chose to ignore the advice and applied for a visitor visa to come to the UK. The problem the OP has is that the child is almost 18 and has already been told that the child can work. Child also has their father in the UK.

Them eamiled me with letter inside, i posted their letter in.my previous post. I am not have strenght, finance to deal with it.

See link below about trying to claim benefits or council help.

claiming-benefits/advice-for-place-to-l ... 99645.html

[Toledos]

From Russia to enter in UK last year, i could only come with visitors visa. If i could enter with another type of visa its what i will do. I spend around 600 pounds to receive visitors visa.
I had to contact Social Services becouse i had adviced that only them can help us for time i wait for a decision in our circumstances.
My daughter is 17, she will be 18 in October.
She is a student full time, even she will have work she not will be sble survive alone
She not have right to aplly for Universal Credit, she no gave rights to apply for Student loan.
How she will survive.
I am not want benefits for me snd child.
All i need is rights to live here and work.
How ever i am explained above situation we are now.
Child father is UK, British, do not have any attention to take part as parent never. I can not apply for Child Maintanance i dont have NI.
I dont know where is he is

I have refused application.
Mr. or Miss CRO, i am.never not ignored your adviced. Its was not possible for me to follow your advice. I tryed, them say, you child must be in UK, for you to apply.

What i need to do now.
My visitors visa expired 10 th of March, but website infirmed that alll visas extended till 31 of May 2020.
Is it mean that i am still no able to aplly.
If i can apply i start steps to apply.
I appied mean while for fee waver, them asking to send documents to them one of documents is tenancy agrement.
Family we subbleting a room told me cople weeks ago, when i ask eviction letter if them want us to kive, that them not had right rent to us by their tenancy agrement.
Also them asking for prove i had money, i entered with russian currency, i changed in exchange agency in center of London. We lived on this money.i csn have letters from family and friends eho borrowed this money to me, its will be in Russian, and only copy sent by email.
Also them asking to send all documents, i dont have facilities to do that.
How i can do lsnguage test?
How long is whole procedure.

May be its immigration solicitor who can deal with my case, and when i will have right to work, i will earn and pay them.


Or i need apply for an administrative review, i am looking for solution how to apply.

Please guide me. Thank you.

[mubashir1981]

From Russia to enter in UK last year, i could only come with visitors visa. If i could enter with another type of visa its what i will do. I spend around 600 pounds to receive visitors visa.
I had to contact Social Services becouse i had adviced that only them can help us for time i wait for a decision in our circumstances.
My daughter is 17, she will be 18 in October.
She is a student full time, even she will have work she not will be sble survive alone
She not have right to aplly for Universal Credit, she no gave rights to apply for Student loan.
How she will survive.
I am not want benefits for me snd child.
All i need is rights to live here and work.
How ever i am explained above situation we are now.
Child father is UK, British, do not have any attention to take part as parent never. I can not apply for Child Maintanance i dont have NI.
I dont know where is he is

I have refused application.
Mr. or Miss CRO, i am.never not ignored your adviced. Its was not possible for me to follow your advice. I tryed, them say, you child must be in UK, for you to apply.

What i need to do now.
My visitors visa expired 10 th of March, but website infirmed that alll visas extended till 31 of May 2020.
Is it mean that i am still no able to aplly.
If i can apply i start steps to apply.
I appied mean while for fee waver, them asking to send documents to them one of documents is tenancy agrement.
Family we subbleting a room told me cople weeks ago, when i ask eviction letter if them want us to kive, that them not had right rent to us by their tenancy agrement.
Also them asking for prove i had money, i entered with russian currency, i changed in exchange agency in center of London. We lived on this money.i csn have letters from family and friends eho borrowed this money to me, its will be in Russian, and only copy sent by email.
Also them asking to send all documents, i dont have facilities to do that.
How i can do lsnguage test?
How long is whole procedure.

May be its immigration solicitor who can deal with my case, and when i will have right to work, i will earn and pay them.


Or i need apply for an administrative review, i am looking for solution how to apply.

Please guide me. Thank you.

Its not matter how u came in uk. Once u r here u should apply under immigration rules. Even u get leave to remain under zambrano it would b only for until ur daughter get age 18. And its only less than year so for settle states u need to live 5 yeats as zambrano and u cant.
If u make application under uk rules b4 ur child become u will have no issue until ur further extentions.

[Darasimidd]

Them eamiled me with letter inside, i posted their letter in.my previous post. I am not have strenght, finance to deal with it.

I'm sorry about your refusal but I think you should put an human right application in before your child turn 18. You can take child to your local council with your eviction letter. Go there with your bag and tell them you have nowhere to go

[snooky]

Can you please guide me, i am no have strengts and sources. I really dont know what to do. I am.not can have help from any one
No see the way how to survive
If my daughter was white, we easy will go back to Rusdia, but its not safe for her. She no can survive here alone.
She not have rights for House Benefits, she is child and not can provide utility bills and tenancy agrement. She no have Universal Credit she is student. She no can apply for Student loan, she living in UL less than one year.
Only way its me who can look after. But i dont have money now, no right to work. Its issues with surviving, also new circumstances i faced today.
I am dont know how to hire solicitor, i am no have money for food and place to live. I know that i must be strong for my daughter, want to find the way. Please advice me and every one stay safe and happy.

Hi

Sorry to hear your application to the eu settlement scheme was refused.

I think we spoke about it within the other thread and we accepted this out come.

As I said previously, Home Office have left Zambrano applications to the courts to settle.

The good news about your refusal which any Judge will take a second to allow your appeal is that, quote and unquote, the Home Office has accepted that - It is currently considered that such an application or claim has a realistic prospect of success in your case because it is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and because there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.

The problem here is no appeal to FTT. Anyway what you have to do is to do AR and quote

1. Art 20 precludes home Office from denying a EEA derivative card
2. They submitted you qualify for regulation 16
3. They also accepted that you fall into Zambrano C34/9
4. They failed to apply properly section 55 and Patel vs SSHD 16 December 2019
5. There's no law in the regulations which says domestic immigration application should be done first.
6. Home Office decision is ambiguous
7. There is no prospect that domestic application would be successful.
8. Money for the application is too high and will compel the BC to leave UK
9. Home Office has no jurisdiction to choose which way some should go through its uk application

The big obstacle is that your child is almost 18 and as I advised you previously about this to best go for appendix fm application last year.

[Toledos]

Dear all, thank you very much.
I am appreciate your help and support.
I wish to every one stay safe and happy.
How ever my application will goes not end of my life.
As i mentioned previosely i am here only for my daughter, i think its need cople years for her to be independent.
I will apply for AR, i am looking for way how to apply for this, its cost around 80 pounds.
Snooky, i will add comments in my appeal.
I am really happier now, even i know that application is refused. Wait all.this time is big pressure. I hope for future applicat with cases like mine will be similar time as for European citizens.
If i will be here, i will be take a part of campaign.
Once more, regards and big thank you.

[Toledos]

Thank to God and kind people i have money now to apply for administration review.
I had help of 60 pounds, so i hope every thing will goes well.

[Ngoo]

Hello Everyone!

I emailed the Home Office on Monday to get an update regarding my application that was submitted in January 2020.

I received this email from HO this morning;


Thank you for your question regarding your submitted application.



We understand that you have not received any notifications about the progress of your application.



We apologise for any inconvenience caused by this and appreciate your patience and understanding at this time.



Having checked our records, we can confirm that your application has been submitted successfully.



The caseworker acknowledged receipt of your valid application via an email sent to you on 09 February 2020.



Your application is currently under consideration. Pease rest assured, you will be notified by the caseworker if any additional evidence is required. Please wait to hear from the caseworker and follow their instructions when prompted. Please ensure you check your Inbox, as well as your Spam and Junk Mail folders regularly.

Due to their complexity, paper applications are considered by our ‘Specialised Applications’ team and do not fall under the standard processing times. We would, therefore, appreciate your continued patience as the relevant team is allowed the necessary time to progress your application accordingly. Processing times can vary, and all applications are considered on a case-by-case basis. Therefore, we are unable to give a timescale for completion. However, your application will be completed as soon as possible.


Please note, it is taking longer than usual to process applications because of coronavirus (COVID-19).



Thank you for your patience.

[Darasimidd]

Dear all, thank you very much.
I am appreciate your help and support.
I wish to every one stay safe and happy.
How ever my application will goes not end of my life.
As i mentioned previosely i am here only for my daughter, i think its need cople years for her to be independent.
I will apply for AR, i am looking for way how to apply for this, its cost around 80 pounds.
Snooky, i will add comments in my appeal.
I am really happier now, even i know that application is refused. Wait all.this time is big pressure. I hope for future applicat with cases like mine will be similar time as for European citizens.
If i will be here, i will be take a part of campaign.
Once more, regards and big thank you.

I will advise you apply for fee waiver for your leave to remain application so that you can get your leave to remain before your child turn 18. If you are being financially catered for by social service, ask the social worker for a letter as a proof that they cater for you and you can not afford home office fee. Go online, apply for home office application fee waiver. Attach a copy of social service letter with your fee waiver application. I think you need to act fast before your child turn 18

[Ngoo]

Hello Everyone!

I emailed the Home Office on Monday to get an update regarding my application that was submitted on January 2020.

I received this email from HO this morning;


Thank you for your question regarding your submitted application.



We understand that you have not received any notifications about the progress of your application.



We apologise for any inconvenience caused by this and appreciate your patience and understanding at this time.



Having checked our records, we can confirm that your application has been submitted successfully.



The caseworker acknowledged receipt of your valid application via an email sent to you on 09 February 2020.



Your application is currently under consideration. Please rest assured, you will be notified by the caseworker if any additional evidence is required. Please wait to hear from the caseworker and follow their instructions when prompted. Please ensure you check your Inbox, as well as your Spam and Junk Mail folders regularly.

Due to their complexity, paper applications are considered by our ‘Specialised Applications’ team and do not fall under the standard processing times. We would, therefore, appreciate your continued patience as the relevant team is allowed the necessary time to progress your application accordingly. Processing times can vary, and all applications are considered on a case-by-case basis. Therefore, we are unable to give a timescale for completion. However, your application will be completed as soon as possible.


Please note, it is taking longer than usual to process applications because of coronavirus (COVID-19).



Thank you for your patience.