Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[forney]

I'm female Lulubaby, correct Forney I applied b4 the 31 st, Forney you know how H.O is they refuse some cases all the time for whatever reason, whether you are on the correct route, meet the requirements, and a lot of people win in court.

My expired DRC I won it in court, by then I didn't even have LTR, so I have nothing to lose its free of charge to apply under the Eusettlement and the fact that I did hold a valid DRC by then if I lose in court as well it will give me a peace of mind, ths scheme is too good to just look and not try it it's free.

You have about 3 months to file a claim (and possibly win) based on your Zambrano status. I know that people who obtain a British passport sometimes have those passports voided by the Home Office. If the Home Office is in chaos, and granting settlement on a random basis, at some point, they will revisit those applications and potentially withdraw settlement. It is up to you if you want to be exposed to that risk.

[Fustrated2019]

“The safe way to obtain settlement is to challenge the Home Office. It is to remain a Zambrano carer and argue for the reasons why you should qualify under Appendix EU.”

The above statement you made was exactly what Snooky advised us to do. He said we should focus on our Zambrano Derivative card application and go to court for it. He told us to argue with reasons of our qualification for it in court.

We know all these things but our thoughts are, should we go to courts ourselves and save the money, should we use a lawyer though expensive but could be the best expense we have made, if we do it ourselves how do we collate all those points in our favour and draft the letter properly, if we decide to use a solicitor/lawyer, how do we avoid falling into the hands of those lawyers that behave like ‘COWBOY BUILDERS’ ( The type I used 6 years ago that took my money but did not put in an application on my behalf, until I got a removal notice from CAPITAL, then cried and called HO only to be told the funds didn’t go through and my documents were returned to the same lawyer. Yet he held my documents and gave me a COA with my details {only God knows if it was cut and paste COA, because now that I have received a real COA, I have realised that his looked like photocopy}).

Unfortunately these are personal decisions we have to make and there is no time.

I was thinking the same thing . The home office refused my EU settlement scheme application on the basis that I have leave , they did not even bother with the rest of the application. I am now wondering whether to use a lawyer and file the appeal of Eu settlement application or hold on to the EEA application made

[forney]

The 700+ Zambrano carers who have been refused could be the next Windrush generation, if they do not fight now and fight properly, with the right immigration barrister. There are about 150K solicitors in England and Wales. It is easy to find the wrong one. Go to Google, Safari, Internet Explorer, Firefox and do a search for something like "uk immigration ranking barristers" to find top immigration barristers. They can refer you to good solicitors. You can also ask them whether or not it is a good idea for refused Zambrano carers to re-apply under the EEA route. They should tell you if the Home Office can cancel settlement for Zambrano carers who have been given settlement as an EEA family member. If you go the EEA route, you are always on the defensive, waiting for a letter to come from the Home Office telling you they gave you the EEA settlement in error. The Home Office is moving to digital records, so it will be much easier for them to find Zambrano carers who switched to EEA in their system. Another problem is if they cancel your settlement (and even your British citizenship) after your children have turned 18. Then your options will be to suddenly fight a legal battle in a post Brexit world, be deported, or start again under a completely separate UK immigration route. If you want to spend these last few months focused on the EEA route, that is your choice. But that option should not be presented to people who come here looking for answers, as some sort of obvious and clear choice. To not point out the risks to the EEA route, would be wrong, if not immoral. Life is too short to spend it waiting for the Home Office to change their mind - something they do all the time. And, remember, many times they will send the cancellation letter to the wrong address. You won't even know they rescinded your EEA settlement until you leave the UK and try to enter at a border crossing. I think I have made these points enough times and am going to wind down my activity on this thread, unless there is a new topic to discuss. Good luck to all of you. Use your remaining time wisely.

[forney]

If money is a concern, you may qualify for legal aid. If you earn too much to qualify for legal aid, there are some highly ranked barristers who are very interested in Zambrano carers and may be willing to represent you for free or at a highly reduced rate. You just have to call around to the chambers.

[Spirit007]

"You cannot count time spent in the UK with a derivative right of residence towards applying for permanent residence in the UK."
The above is an extract from derivative residence card overview from the office website. I think, HO made an error in including Zambrano carers in the EU settlement and finding it hard to take that back. Though, I have applied to the scheme, it is a wait and see. God will see us through.

[ojoke2020]

Hi everyone,
Hope you're all good. I'm a new participant on this platform but I've been following the trends for a long while now. Please I need your kind help about my derivative application that has just been refused and received today. I made an application on EU Settlement Scheme last year September which is still ongoing but put in a derivative application based on @Snooky's advice that it helps in getting positive decision July 2020. I received the derivative decision refused today but my EU Scheme has not been decided on (It's exactly a year I applied for that this September).

Please I need help on the right and quick steps to follow for my appeal. I have just 11 days to go as the letter read from the date the decision was sent (7th Sept., 2020).
@Ngoo, @Snooky, @IST, @Mubashir1981, @lulubaby just to mention few.

PLEASE HELP ME OUT!
Thank you in advance.

[IST]

Hi everyone,
Hope you're all good. I'm a new participant on this platform but I've been following the trends for a long while now. Please I need your kind help about my derivative application that has just been refused and received today. I made an application on EU Settlement Scheme last year September which is still ongoing but put in a derivative application based on @Snooky's advice that it helps in getting positive decision July 2020. I received the derivative decision refused today but my EU Scheme has not been decided on (It's exactly a year I applied for that this September).

Please I need help on the right and quick steps to follow for my appeal. I have just 11 days to go as the letter read from the date the decision was sent (7th Sept., 2020).
@Ngoo, @Snooky, @IST, @Mubashir1981, @lulubaby just to mention few.

PLEASE HELP ME OUT!
Thank you in advance.

Ojoke2020

Sorry to hear about your refusal.

This is the link to lodge an appeal.

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

On the page 35 you have all the instructions Snooky has posted and page 36 is the Skeleton

What’s the reason for refusal do you hold LTR under FM?

Good luck

[ojoke2020]

@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.

I do not hold any form of LTR

[Greatgreat]

@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.

I do not hold any form of LTR

So sorry about your refusal. I don't know much about these things but if you could take time to read through the thread, you may find something useful for you.
Keep strong and of course, keep fighting!

[Sabi92]

Hi everyone,
Hope you're all good. I'm a new participant on this platform but I've been following the trends for a long while now. Please I need your kind help about my derivative application that has just been refused and received today. I made an application on EU Settlement Scheme last year September which is still ongoing but put in a derivative application based on @Snooky's advice that it helps in getting positive decision July 2020. I received the derivative decision refused today but my EU Scheme has not been decided on (It's exactly a year I applied for that this September).

Please I need help on the right and quick steps to follow for my appeal. I have just 11 days to go as the letter read from the date the decision was sent (7th Sept., 2020).
@Ngoo, @Snooky, @IST, @Mubashir1981, @lulubaby just to mention few.

PLEASE HELP ME OUT!
Thank you in advance.

@ojoke2020

Whilst you are appealing your DRC refusal i suggest you work with home office about your EU settlement application as you may have a chance to succeed because you never had LTR.

I suggest you do that now because when you appeal your DRC they may refuse your EU settlement application at the same time.

Write home office a cover letter explaining your situation and your rights.

If they refuse then focus on DRC appeal process

[ojoke2020]

@Sabi92

Thank you for your reply.
Please, how do I work with the Home Office as you suggested? Can you suggest on what to write in such letter.
Again, I'm thinking if I delay the appeal to do this, I might loose the opportunity of appealing as the time frame would have elapsed since I have just 10 days to go now. I know the EU Settlement Scheme would have known my derivative had been refused for they work hand in hand which I read about the case of Musbashir1981 on this platform.
Kindly expatiate more on this.
Thanks.

[CR001]

@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.

I do not hold any form of LTR

What are the 'significant changes' that UKVI is referring to in regards to your case?? You have provided such minimal information on your circumstances and what these changes are.

[Sabi92]

@Sabi92

Thank you for your reply.
Please, how do I work with the Home Office as you suggested? Can you suggest on what to write in such letter.
Again, I'm thinking if I delay the appeal to do this, I might loose the opportunity of appealing as the time frame would have elapsed since I have just 10 days to go now. I know the EU Settlement Scheme would have known my derivative had been refused for they work hand in hand which I read about the case of Musbashir1981 on this platform.
Kindly expatiate more on this.
Thanks.

@ojoke2020

You should appeal your DRC refusal within 10 days don't delay appeal. And at the same time work with home office about your EU settlement scheme application.

If you answer "CR001" questions it will help about your circumstances

[ojoke2020]

@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.

I do not hold any form of LTR

What are the 'significant changes' that UKVI is referring to in regards to your case?? You have provided such minimal information on your circumstances and what these changes are.

[ojoke2020]

@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.
I do not hold any form of LTR

@ CR001
What are the 'significant changes' that UKVI is referring to in regards to your case?? You have provided such minimal information on your circumstances and what these changes are.


The significant change they meant is that my child is now a British citizen who turned 10 last year. I'd made many applications under UK domestic law in the past unsuccessfully. Bellow is the details of the letter sent to me.

REASONS FOR REFUSAL LETTER
Dear xxxxxxxx
Your application made on 05 July 2020 for derivative residence cards under the Zambrano judgement to confirm you are the primary cares of a British citizen dependant have been refused

What this means for you
Primary carers of British citizens are not required to hold documentation to confirm their right to reside in the UK. However, if you would like to do so and you can demonstrate that you qualify for a derivative residence card, taking into account the reasons why this application has been refused, you make a new application. Information on how to do this is in the next steps section of this letter.

Reason why your application has been refused
Your applications have been considered under regulations 16(5), 16(8), and 20 0f the immigration (European Economic Area) Regulations 2016 ('the 2016 Regulations').

The Secretary if State must issue an application with a derivative residence card on production of:
(a) a valid passport; and
(b) proof that the person has derivative right to reside in the UK.

You are applying on the basis that you are the primary carer of XXXXXXXX .
A Zambranom application centres on a person seeking to remain in the UK as the primary carer of British citizen.

There is significant overlap with the right to respect for private and family life which is protected by Article 8 of European Convention of Human Right (ECHR).

Where a person wishes to remain in the UK on basis of family life with a British citizen , they can make an application for leave to remain under Appendix FM to the Immigration Rules. A derivative right to reside is a right of last restort which only applies if a person has no other means to remain lawfully in the UK.

Your applications are refused for the following reasons:
Since your most recent refused apllication , there have been significant changes in your circumstances and it is open to you to re-apply under the UK's domestic immigration law.

Next steps
You have a right o appeal against this decision under regulation 36 of the 2016 Regulations.

[IST]

@IST
Reason for refusal is quoted below:
''Since your most recent refused applications, there have been significant changes in your circumstances and it is open to you to re-apply under the uk's domestic immigration law''.
I do not hold any form of LTR

@ CR001
What are the 'significant changes' that UKVI is referring to in regards to your case?? You have provided such minimal information on your circumstances and what these changes are.


The significant change they meant is that my child is now a British citizen who turned 10 last year. I'd made many applications under UK domestic law in the past unsuccessfully. Bellow is the details of the letter sent to me.

REASONS FOR REFUSAL LETTER
Dear xxxxxxxx
Your application made on 05 July 2020 for derivative residence cards under the Zambrano judgement to confirm you are the primary cares of a British citizen dependant have been refused

What this means for you
Primary carers of British citizens are not required to hold documentation to confirm their right to reside in the UK. However, if you would like to do so and you can demonstrate that you qualify for a derivative residence card, taking into account the reasons why this application has been refused, you make a new application. Information on how to do this is in the next steps section of this letter.

Reason why your application has been refused
Your applications have been considered under regulations 16(5), 16(8), and 20 0f the immigration (European Economic Area) Regulations 2016 ('the 2016 Regulations').

The Secretary if State must issue an application with a derivative residence card on production of:
(a) a valid passport; and
(b) proof that the person has derivative right to reside in the UK.

You are applying on the basis that you are the primary carer of XXXXXXXX .
A Zambranom application centres on a person seeking to remain in the UK as the primary carer of British citizen.

There is significant overlap with the right to respect for private and family life which is protected by Article 8 of European Convention of Human Right (ECHR).

Where a person wishes to remain in the UK on basis of family life with a British citizen , they can make an application for leave to remain under Appendix FM to the Immigration Rules. A derivative right to reside is a right of last restort which only applies if a person has no other means to remain lawfully in the UK.

Your applications are refused for the following reasons:
Since your most recent refused apllication , there have been significant changes in your circumstances and it is open to you to re-apply under the UK's domestic immigration law.

Next steps
You have a right o appeal against this decision under regulation 36 of the 2016 Regulations.

Ojoke2020

Your refusal is the easiest of all to win at court.

Everything is on the Snookys post and just to follow it.

HO will not come to court because it is not in accordance of regulation 16, Article 20, Article 7 of the charter, section 55, Patel vs SSHD supreme court ruling 2019

[Sebel]

Hi everyone

My DRF1 has been refused letter received today
Applied on March 2020
COA July 2020
Refusal date 13 August 2020.


Snooky Mubashir and Ngoo

Could you please help me out with court procedures and any bundles be very helpful.
I only got a week left to lodge a appeal.

@IST please which number can I use to call as i haven't received any COA letter from Drf1. Sent my application since 6weeks ago and money already taken from my account.
Thanks

[IST]

Hi everyone

My DRF1 has been refused letter received today
Applied on March 2020
COA July 2020
Refusal date 13 August 2020.


Snooky Mubashir and Ngoo

Could you please help me out with court procedures and any bundles be very helpful.
I only got a week left to lodge a appeal.

@IST please which number can I use to call as i haven't received any COA letter from Drf1. Sent my application since 6weeks ago and money already taken from my account.
Thanks

Sebel

Unfortunately is not a number, you can write to them ,I was is same situation waited for over four months before they send me COA after I have wrote to them

[IST]

Hi everyone

My DRF1 has been refused letter received today
Applied on March 2020
COA July 2020
Refusal date 13 August 2020.


Snooky Mubashir and Ngoo

Could you please help me out with court procedures and any bundles be very helpful.
I only got a week left to lodge a appeal.

@IST please which number can I use to call as i haven't received any COA letter from Drf1. Sent my application since 6weeks ago and money already taken from my account.
Thanks

Sebel

Unfortunately is not a number, you can write to them ,I was is same situation waited for over four months before they send me COA after I have wrote to them

Instructions are on page 22

[lida56]

Hi everybody,
Hope you are all keeping well through these unusual times. I am a new participant but have been following the trend from the beginning Topsiblle started last year. I applied for Eu settlement paper application in June last year. I'm a non EU carer of my adult son who suffers from a mental disability. I submitted my paper application in June and did my bio metric subsequently. Later in last November, I had to leave the UK due to an emergency situation in my family in my home country. In February the HO requested for further fresh documents which I sent them, and still waiting desperately for over one and half years! I made a complaint in late July which was replied in August and was partially upheld, and I was advised that my application was with a senior case worker for a review but they can not tell a timeline for a decision. Shall I still wait, there is just little time left and I can not even to acquire a visit visa to travel to the UK in order to apply again. Can anyone kindly show be a resort. forney any guidance from you is greatly appreciated. I'm so hopeless and desperate and my son is so alone and helpless there.

[Spirit007]

Hi everyone

My DRF1 has been refused letter received today
Applied on March 2020
COA July 2020
Refusal date 13 August 2020.


Snooky Mubashir and Ngoo

Could you please help me out with court procedures and any bundles be very helpful.
I only got a week left to lodge a appeal.

@IST please which number can I use to call as i haven't received any COA letter from Drf1. Sent my application since 6weeks ago and money already taken from my account.
Thanks

You need to provide your biometrics first before a COA is issued. First thing, chase biometrics department on eubiometrics@homeoffice.gov.uk

[forney]

Hi everybody,
Hope you are all keeping well through these unusual times. I am a new participant but have been following the trend from the beginning Topsiblle started last year. I applied for Eu settlement paper application in June last year. I'm a non EU carer of my adult son who suffers from a mental disability. I submitted my paper application in June and did my bio metric subsequently. Later in last November, I had to leave the UK due to an emergency situation in my family in my home country. In February the HO requested for further fresh documents which I sent them, and still waiting desperately for over one and half years! I made a complaint in late July which was replied in August and was partially upheld, and I was advised that my application was with a senior case worker for a review but they can not tell a timeline for a decision. Shall I still wait, there is just little time left and I can not even to acquire a visit visa to travel to the UK in order to apply again. Can anyone kindly show be a resort. forney any guidance from you is greatly appreciated. I'm so hopeless and desperate and my son is so alone and helpless there.

Hi Lida,

1.) My advice is contrary to what others on this thread may tell you.
2.) You are still very early in your complaints process. Continue in the complaints process, not because PHSO is likely to help you before 31 December 2020, but because PHSO may be able to help you next year. Keep complaining until the Home Office give you a final complaint letter. Send the letter with your PHSO application to your MP. Ask your MP to sign the application and send it to the PHSO. Tell the PHSO what you told us.
3.) Send a pre-action protocol letter to the Home Office. Given them 7 days (as opposed to the usual 14 days) to make a decision. If they do not make a decision within 7 days, file a claim in the Upper Tribunal. Ask for your claim to be expedited. Ask for interim relief to allow you to re-enter the UK.
4.) Once it goes to the Upper Tribunal(UT), the Home Office will likely give you a decision because the UT will expect them to.
5.) Start looking for barristers. Email the barrister and ask for help. If you don't have money, tell them.

Your case sounds truly tragic. Stay strong.

[Nyamebeye]

Hi All,
I have been holding off but I think it is time for me to chip in here. I have been on this forum (in general) for over 7 years now and have found it very useful. I just want to point out that there is a very good reason why the forum policy does not allow people to share their details. We are all strangers, some people here on this forum have various professionals including some being legal advisers in practice. Others may have difficulties even reading and understanding what they have read, that is fine. One fact is that many people by their very nature like to blame people for everything that goes wrong in their lives. When people give advice and guidance here, no one is obliged to take it, for reasons I have mentioned above; if it goes wrong, it will that person's fault. Snooky has done his bit, others are still helping here. I must admit I find some of the advice here quite forceful in its nature. I know contributors here are not lawyers (some may be) but one characteristic of a good lawyer or an adviser is that they give the options available to you and make you make the decision. The good ones will go on to say, let a lawyer help you with this case. They don't say, 'let me help you with this case' . Saying so allows you to choose to go to another lawyer if you want to or decide to give the case to them.
The point I want to make is that people come here very desperate seeking for advice, guidance etc. and in their desperation, becomes highly vulnerable. Please take a moment to look at any advice in detail before jumping for it. It may not be for you. Each person's case is different.
Pls don't blame people. If they have made their contribution and don't want to do so any longer, allow them to move on. Its their right. Pls stop begging people and making them feel guilty.
And to all members, please if you want to leave, just leave quietly, no need to announce what will be your last post, comment, advice etc. You have no idea what those messages do to vulnerable people. Any one fighting immigration issues becomes highly emotionally vulnerable and doesn't need any added pressure. It only causes confusion. I feel people need to know how others are impacted by their actions.
Thank you.

[snooky]

Hi All,
I have been holding off but I think it is time for me to chip in here. I have been on this forum (in general) for over 7 years now and have found it very useful. I just want to point out that there is a very good reason why the forum policy does not allow people to share their details. We are all strangers, some people here on this forum have various professionals including some being legal advisers in practice. Others may have difficulties even reading and understanding what they have read, that is fine. One fact is that many people by their very nature like to blame people for everything that goes wrong in their lives. When people give advice and guidance here, no one is obliged to take it, for reasons I have mentioned above; if it goes wrong, it will that person's fault. Snooky has done his bit, others are still helping here. I must admit I find some of the advice here quite forceful in its nature. I know contributors here are not lawyers (some may be) but one characteristic of a good lawyer or an adviser is that they give the options available to you and make you make the decision. The good ones will go on to say, let a lawyer help you with this case. They don't say, 'let me help you with this case' . Saying so allows you to choose to go to another lawyer if you want to or decide to give the case to them.
The point I want to make is that people come here very desperate seeking for advice, guidance etc. and in their desperation, becomes highly vulnerable. Please take a moment to look at any advice in detail before jumping for it. It may not be for you. Each person's case is different.
Pls don't blame people. If they have made their contribution and don't want to do so any longer, allow them to move on. Its their right. Pls stop begging people and making them feel guilty.
And to all members, please if you want to leave, just leave quietly, no need to announce what will be your last post, comment, advice etc. You have no idea what those messages do to vulnerable people. Any one fighting immigration issues becomes highly emotionally vulnerable and doesn't need any added pressure. It only causes confusion. I feel people need to know how others are impacted by their actions.
Thank you.
[/quote



Nyamebeye

Such a nice write up.

Tnx

I still monitor the forum

[lida56]

Dear Ferney
Many thanks for your prompt and helpful reply. Please also let me if I can send a pre-action protocol letter to the HO now, before a decision is made and before writing to PHSO? I already have send my second complaint and also another to complaint review in HO and am waiting to hear from them in order to send th PHSO. I really appreciate your helpful advise and wish all the best.