Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

forney · Post by **forney** » Thu Sep 24, 2020 4:43 pm

Sebel wrote: ↑
Thu Sep 24, 2020 4:28 pm

@foeney thanks for the great write up. What is this for?please can you explain?

Imagine I am selling you a car. You give me money for the car. When you come to collect the car, I refuse to give you the car keys. You have a legitimate expectation that when you paid for the car, you also paid for the car keys.

The Home Office said repeatedly that Zambrano carers would be taken care of. Then, they changed the rules and rejected people anyway.

If you are going to court as a Zambrano carer, you need to decide what your argument will be.

You can argue you had a legitimate expectation as a Zambrano carer, that you would be able to achieve settled status after Brexit.

Legitimate expectation just means any reasonable person could have expected to be successful in their application, based on how the Home Office behaved.

The Home Office made statements that made Zambrano carers think they would be ok. Well, now a majority have been refused.

People need to go to court and show the proof, the statements the Home Office made.

Some proof

https://assets.publishing.service.gov.u ... e_2018.pdf

https://questions-statements.parliament ... -11/163111

If they said Zambrano carers with LTR would be refused back in 2016, that is one thing. But they didn't. They said all Zambrano carers would be eligible for settlement. So, people need to go to court and argue for "legitimate expectation".

forney · Post by **forney** » Thu Sep 24, 2020 5:11 pm

forney wrote: ↑
Thu Sep 24, 2020 4:43 pm

Sebel wrote: ↑
Thu Sep 24, 2020 4:28 pm

@foeney thanks for the great write up. What is this for?please can you explain?

Imagine I am selling you a car. You give me money for the car. When you come to collect the car, I refuse to give you the car keys. You have a legitimate expectation that when you paid for the car, you also paid for the car keys.

The Home Office said repeatedly that Zambrano carers would be taken care of. Then, they changed the rules and rejected people anyway.

If you are going to court as a Zambrano carer, you need to decide what your argument will be.

You can argue you had a legitimate expectation as a Zambrano carer, that you would be able to achieve settled status after Brexit.

Legitimate expectation just means any reasonable person could have expected to be successful in their application, based on how the Home Office behaved.

The Home Office made statements that made Zambrano carers think they would be ok. Well, now a majority have been refused.

People need to go to court and show the proof, the statements the Home Office made.

Some proof

https://assets.publishing.service.gov.u ... e_2018.pdf

https://questions-statements.parliament ... -11/163111

If they said Zambrano carers with LTR would be refused back in 2016, that is one thing. But they didn't. They said all Zambrano carers would be eligible for settlement. So, people need to go to court and argue for "legitimate expectation".

Example scenario:

You to the Judge: I had a legitimate expectation that I would be granted settled status as a Zambrano carer under the EU Settlement Scheme, based on the actions of the Home Office

Judge: Where is your proof that the Home Office said that or did that?

You: In June 2018, Ms Caroline Nokes, the Immigration Minister at the time, said that Zambrano carers would be given settlement based on the Immigration Rules [insert webpage here as proof]. She even said it again in early 2019 [again, insert proof]. The draft Immigration Rules at that time did not say that parents of British children with leave to remain would be refused settlement. Zambrano carers like me relied on these statements. We felt confident our applications would be accepted, not refused, because of these statements. It is wrong for the Home Office to change the rules and refuse me now.

askme234 · Post by **askme234** » Thu Sep 24, 2020 10:13 pm

Hello

My refusal letter for the derivative residence card came in today ( 24/09/2020) as suggested by Snooky.
I applied in June 2020 following the refusal for the EU settlement scheme.

Please guys, I need your guidance on how to go about the Appeal process and evidence to support my application.

By the way, everything stated in the refusal letter is not the case.

The summary of the refusal letter is typed below:

Reasons for refusal

application considered under regulation 16(5), 16(8) and 20 of the EEA 2016

" To be considered the primary carer we would expect you to provide evidence to show that the child lives with you or spends the majority of his time with you, that you make day to day decisions in regards to the child's health, education etc ad that you are financially responsible for the child."

"You have not submitted any evidence to demonstrate that XXXXX lives with you, you make decision regarding his welfare or that you are financially responsible for him. You have therefore failed to demonstrate that you are a primary carer of xxxxx"

"Furthermore, in order to qualify for the DRC , you are also required to demonstrate that the British citizen you are claiming to care for would be unable to continue to reside in the UK or EEA if you were required to leave."

"XXX lives with his mother who is Bristish Citizen so the mother can continue to take care of her son if you are required to leave.
Zambrano application centres on a person seeking to remain in the UK as the primary career of British citizen."

"There is significant overlap with the right to respect for private and family which is protected by Article 8

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

"Your application is also refused for the following reason;

As you have been issued leave to remain in UK under Appendix FM previously and your circumstances remain the same it id deemed that a further application under that route would have a realistic prospect of success. As a result, refusing a Zambrano right to reside under the EU settlement scheme would not prevent the British citizen from residing in the UK"

snooky · Post by **snooky** » Fri Sep 25, 2020 12:36 am

askme234 wrote: ↑
Thu Sep 24, 2020 10:13 pm
Hello

My refusal letter for the derivative residence card came in today ( 24/09/2020) as suggested by Snooky.
I applied in June 2020 following the refusal for the EU settlement scheme.

Please guys, I need your guidance on how to go about the Appeal process and evidence to support my application.

By the way, everything stated in the refusal letter is not the case.

The summary of the refusal letter is typed below:

Reasons for refusal

application considered under regulation 16(5), 16(8) and 20 of the EEA 2016

" To be considered the primary carer we would expect you to provide evidence to show that the child lives with you or spends the majority of his time with you, that you make day to day decisions in regards to the child's health, education etc ad that you are financially responsible for the child."

"You have not submitted any evidence to demonstrate that XXXXX lives with you, you make decision regarding his welfare or that you are financially responsible for him. You have therefore failed to demonstrate that you are a primary carer of xxxxx"

"Furthermore, in order to qualify for the DRC , you are also required to demonstrate that the British citizen you are claiming to care for would be unable to continue to reside in the UK or EEA if you were required to leave."

"XXX lives with his mother who is Bristish Citizen so the mother can continue to take care of her son if you are required to leave.
Zambrano application centres on a person seeking to remain in the UK as the primary career of British citizen."

"There is significant overlap with the right to respect for private and family which is protected by Article 8

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

"Your application is also refused for the following reason;

As you have been issued leave to remain in UK under Appendix FM previously and your circumstances remain the same it id deemed that a further application under that route would have a realistic prospect of success. As a result, refusing a Zambrano right to reside under the EU settlement scheme would not prevent the British citizen from residing in the UK"

Hi

Is that all to this letter or there is another part.

We have to know if you were given an appeal right normally under reg 36

So publish all the facts

Regards

askme234 · Post by **askme234** » Fri Sep 25, 2020 10:39 am

Hi Snooky,

Happy to read from you.

in terms of the reasons for the refusal, that's all to the letter. Yes, i was given a right of appeal.

see below how it was worded.

Next steps

"You have a right of appeal against this decision under regulation 36 of the 2016 regulations.
This appeal may be brought before the First tier Tribunal. You have 14 calenders days from the date of this decision was sent to appeal."

"if you do not wish to appeal but consider that you have further evidence to prove that you have a right of residence, you can make a further application. Please ensure you satisfy all the requirements as detailed in the current guidance before making a further application."

i will look forward to your guidance.

Many thanks

snooky · Post by **snooky** » Fri Sep 25, 2020 11:41 am

askme234 wrote: ↑
Fri Sep 25, 2020 10:39 am
Hi Snooky,

Happy to read from you.

in terms of the reasons for the refusal, that's all to the letter. Yes, i was given a right of appeal.

see below how it was worded.

Next steps

"You have a right of appeal against this decision under regulation 36 of the 2016 regulations.
This appeal may be brought before the First tier Tribunal. You have 14 calenders days from the date of this decision was sent to appeal."

"if you do not wish to appeal but consider that you have further evidence to prove that you have a right of residence, you can make a further application. Please ensure you satisfy all the requirements as detailed in the current guidance before making a further application."

i will look forward to your guidance.

Many thanks

Follow this link from page 35 going

eea-route-applications/zambrano-settled ... 3-680.html

askme234 · Post by **askme234** » Fri Sep 25, 2020 6:23 pm

Many thanks Snooky.

I will do that now.

askme234 · Post by **askme234** » Fri Sep 25, 2020 8:52 pm

Hi Snooky,
What would you suggest oral hearing or papers?

snooky · Post by **snooky** » Fri Sep 25, 2020 11:03 pm

askme234 wrote: ↑
Fri Sep 25, 2020 8:52 pm
Hi Snooky,
What would you suggest oral hearing or papers?

That's your choice if you think it could make a difference.

Technically there's no difference.

Rosh_2704 · Post by **Rosh_2704** » Sun Sep 27, 2020 8:00 am

Hi Snooky,

I’m in the process of applying for DRF, based on my British child( citizenship granted last July). I have a few questions, if you can kindly reply.

1. I’ve been advised by one of the members above that I could apply for both drf and eu settlement Zambrano at the same time. I have both forms which I’m filling now. In terms of the IDs, where should I send them since I intend to post both forms at the same time.

2. I have a very important trip in April next year. With the current Covid situation and their usual tricks to delay applicants, I don’t expect them to give a decision so soon. I wanted to know if at what point do they send back the documents after scanning and if they send them back before my trip, can I travel while the applications are pending?

3. I’m stuck on the section where they ask the reasons why the British person has to leave the UK if I were to leave. I have a valid LTR until 10th of June. I was previously granted under fm 10 year route. My circumstances haven’t changed since and a renewal should be granted without any issue. Any idea what I should write in that section?

4. My daughter has been granted British citizenship last July, so I am a Zambrano carer at that point, right? I have lived in the UK since 2008, partly on a student visa, and then I was refused extension in 2011. I overstayer until 2018 when I was granted ltr . Never been in relationship with British / EEA person. Should my EU settlement application eventually succeed, I will only be qualified for a pre settlement right? I do not otherwise seem to qualify for settlement under any other category for Zambrano carers. Kindly share your opinions on this.

Lastly, you advised me last year when I posted here. I was preparing my daughter’s British citizenship application at that time and I was very depressed about it all. I’m still finding it very hard to navigate through the whole thing. I would really appreciate your help as this is all very difficult to me and I cannot afford to pay a solicitor at the moment.

Thank you in advance

3.

snooky · Post by **snooky** » Sun Sep 27, 2020 7:09 pm

@All

The Home Office has laid before Parliament the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

For those EEA citizens who are lawfully resident in the UK by virtue of free movement law immediately before the end of the transition period, and who do not yet have status under the Scheme, and for their relevant family members, this instrument saves their existing residence rights in the UK.

These include Zambrano and Derivative Right of Residence.

Regulation 3 gives effect to this. It says that for citizens to be covered, they must immediately before the end of the transition period (referred to as “Implementation Day”, which has a suitably ominous Terminator 2 ring to it) be either “lawfully resident in the United Kingdom by virtue of the EEA Regulations 2016”, or “had a right of permanent residence in the United Kingdom under those Regulations”. The relevant parts of the EEA Regulations are being saved.

Regulation 2:

The end of 30 June 2021 is the deadline for submission of an application for residence status.

Most people who apply for settled/pre-settled status before 30 June 2021, but don’t receive a decision until after that date, will benefit from the equivalent of Section 3C leave.

Those without preserved residence rights are not covered by this provision. Even if they meet the Settlement Scheme.

snooky · Post by **snooky** » Sun Sep 27, 2020 7:24 pm

Rosh_2704

I’m in the process of applying for DRF, based on my British child( citizenship granted last July). I have a few questions, if you can kindly reply.

1. I’ve been advised by one of the members above that I could apply for both drf and eu settlement Zambrano at the same time. I have both forms which I’m filling now. In terms of the IDs, where should I send them since I intend to post both forms at the same time.

Ans: Good

2. I have a very important trip in April next year. With the current Covid situation and their usual tricks to delay applicants, I don’t expect them to give a decision so soon. I wanted to know if at what point do they send back the documents after scanning and if they send them back before my trip, can I travel while the applications are pending?

Ans: EUSS department doesn't hold on to your passport. The only enemy is EEA Zambrano Drf1 Department. They will only get you your passport only if your case is done.

3. I’m stuck on the section where they ask the reasons why the British person has to leave the UK if I were to leave. I have a valid LTR until 10th of June. I was previously granted under fm 10 year route. My circumstances haven’t changed since and a renewal should be granted without any issue. Any idea what I should write in that section?

Ans: I have written a lot of legal stuff about the right you have under regulation 16. You can argue against HO inserted Regulation 16(7A) which is not an EEA regulation and because your are a person subject to immigration rules under section 13(2) of the 1971 immigration act. Under EU you dont need to be an unstable leave holder.

4. My daughter has been granted British citizenship last July, so I am a Zambrano carer at that point, right? I have lived in the UK since 2008, partly on a student visa, and then I was refused extension in 2011. I overstayer until 2018 when I was granted ltr . Never been in relationship with British / EEA person. Should my EU settlement application eventually succeed, I will only be qualified for a pre settlement right? I do not otherwise seem to qualify for settlement under any other category for Zambrano carers. Kindly share your opinions on this.

Ans: Your right start from when your child became British.

Lastly, you advised me last year when I posted here. I was preparing my daughter’s British citizenship application at that time and I was very depressed about it all. I’m still finding it very hard to navigate through the whole thing. I would really appreciate your help as this is all very difficult to me and I cannot afford to pay a solicitor at the moment

Ans. Cant get your last question

Sebel · Post by **Sebel** » Mon Sep 28, 2020 3:47 pm

Sebel wrote: ↑
Thu Sep 24, 2020 4:28 pm

forney wrote: ↑
Thu Sep 24, 2020 11:55 am
Provision of Appendix EU (Annex 1) requires mandatory refusal of a former Zambrano carer on grounds that the carer has limited leave to remain under another part of the Immigration rules.

This provision is unlawful for the following reasons:

1. Zambrano carers have a legitimate expectation that the provisions made in Appendix EU should be the same or not more restrictive than the provision for such persons under the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’).

2. The 2016 Regulations provide that a person may enjoy an EU derivative right to reside as a Zambrano carer notwithstanding that a person has limited leave to remain under the Immigration Rules.

3. Per the 2016 Regulations, only individuals with indefinite leave are prevented from enjoying an EU derivative right to reside as a Zambrano carer.

4. The Home Office repeatedly signaled its intention, from 2016 onwards, to provide for former Zambrano carers on the same basis as the 2016 Regulations as regards qualifying conditions.

5. The Home Office is required to be straight forward in its dealings with the public. A departure from this requirement is not in the public interest.

6. To frustrate the expectation held by Zambrano carers is so unfair, that to take a new and different course, is tantamount to an abuse of power.

Zambrano carers have a legitimate expectation upon which they may rely, and which leads to the conclusion that the Home Office ought to grant ILR on their respective applications.

References:

The Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’)

16 Derivative right to reside

(1) A person has a derivative right to reside during any period in which the person
(a) is not an exempt person; and
(b) satisfies each of the criteria in one or more of paragraphs (2) to (6).

(7) In this regulation—
(c) an “exempt person” is a person—
(i) who has a right to reside under another provision of these Regulations;
(ii) who has the right of abode under section 2 of the 1971 Act;
(iii) to whom section 8 of the 1971 Act, or an order made under subsection (2) of that section, applies; or
(iv) who has indefinite leave to enter or remain in the United Kingdom (but see paragraph (7A)).
@foeney thanks for the great write up. What is this for?please can you explain?

Please I really need help ; @lulubaby, @snooky, @murbashir, @foeney,@spirit007 please ever since I sent my document for the drf1 onthe 6th/8/2020, till dates,haven't heard from them.
Email them about 2weeks, not still heard anything. Can someone be of help please?
Thanks

Hello all,
I have plea here for help, no one seems to help me,Is it that no one knows any way forward or the questions are not necessary?

askme234 · Post by **askme234** » Mon Sep 28, 2020 6:50 pm

I keep getting the below message when filling the Appeal form online for the DRC and this has been the case since Sunday.

This page is missing information. Please correct following:
Your information is not saved please try again.

Did anyone experience this similar situation when filling out the online form and if yes ,how do I get around this?

I have been trying this since Sunday with the same message coming up and I do not believe I am missing anything out.

lida56 · Post by **lida56** » Mon Sep 28, 2020 9:51 pm

Hello all,
In my last enquiry about the long processing time of my application (over 15 months), I got the same generic reply ...such applications are more complex and take longer than a month to process we are currently unable to provide a timeframe for conclusion for this application, we can confirm that your application is now at Eligibility, which is the final stage of casework consideration...
Except in the last Para it is added "Please note, until the end of the planned implementation period on 31 December 2020, EU citizens and their family members living in the UK, will continue to have the same rights and status, and are subject to the same residence and travel requirements as under EU law" Does this mean we can travel out and return to the UK? Can I return back to the UK by showing BRP?

snooky · Post by **snooky** » Tue Sep 29, 2020 1:26 am

@Sebel

Hello all,
I have plea here for help, no one seems to help me,Is it that no one knows any way forward or the questions are not necessary?

Ans: Keep writing to the HO until they respond.

This is the protocol - If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

snooky · Post by **snooky** » Tue Sep 29, 2020 1:30 am

askme234 wrote: ↑
Mon Sep 28, 2020 6:50 pm
I keep getting the below message when filling the Appeal form online for the DRC and this has been the case since Sunday.

This page is missing information. Please correct following:
Your information is not saved please try again.

Did anyone experience this similar situation when filling out the online form and if yes ,how do I get around this?

I have been trying this since Sunday with the same message coming up and I do not believe I am missing anything out.

Hi

If you are getting such message, this means there's something you have done wrong and you need to go over or redo it again from afresh.

snooky · Post by **snooky** » Tue Sep 29, 2020 1:51 am

lida56 wrote: ↑
Mon Sep 28, 2020 9:51 pm
Hello all,
In my last enquiry about the long processing time of my application (over 15 months), I got the same generic reply ...such applications are more complex and take longer than a month to process we are currently unable to provide a timeframe for conclusion for this application, we can confirm that your application is now at Eligibility, which is the final stage of casework consideration...
Except in the last Para it is added "Please note, until the end of the planned implementation period on 31 December 2020, EU citizens and their family members living in the UK, will continue to have the same rights and status, and are subject to the same residence and travel requirements as under EU law" Does this mean we can travel out and return to the UK? Can I return back to the UK by showing BRP?

Hi

HO is trying to say should you have BRC under EEA Zambrano Regulations, then until January 1st 2021, your right will not be affected and changed because your leave under regulation 16 continues. In a nutshell, euss leave will be a requirement from 31. 12. 20

HO has always argued that the derivative right to reside rules under the appendix eu isn't part of the Withdrawal Agreement for that matter they will deal with these applications on a different level. Though it's not the truth, but under the euss technically decision can delay beyond reasonable time as HO view it as not part of EEA regulations but a domestic uk immigration act. So keep chasing them until you get a decision. That means have a plane B if you have read my post to @All about EU Exit Protection Extension then you will understand the urgent need to do Zambrano DRF1 application to have 3C style protection (Variation of Leave) when the implementation is done with in December.

Your final option is to put in PAP and then JR if the delay is unreasonable and has caused you harm

Greatgreat · Post by **Greatgreat** » Tue Sep 29, 2020 2:19 am

Thank you @snooky for all your selfless efforts here. I know you've heard this lots of times but you deserve to hear it again. Thank you alot.

Sebel · Post by **Sebel** » Tue Sep 29, 2020 5:29 am

snooky wrote: ↑
Tue Sep 29, 2020 1:26 am
@Sebel

Hello all,
I have plea here for help, no one seems to help me,Is it that no one knows any way forward or the questions are not necessary?

Ans: Keep writing to the HO until they respond.

This is the protocol - If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

Snooky thanks so much for your great support you giving to us,we really appreciate may God continue to bless you with more knowledge

lida56 · Post by **lida56** » Tue Sep 29, 2020 5:53 am

Hi snooky. Thanks for your kind guidance. As you advised I will put in PAP by the end of this week and write to PHSO as well since the delay is unreasonable. But, still it is not clarified for me if I can return to the UK by showing BRP at the boarder. Mine is BRP not a BRC. Is there anyway to make sure about this, or should I risk to book my flight! I appreciate any clarification.

IST · Post by **IST** » Tue Sep 29, 2020 6:10 am

Sebel wrote: ↑
Mon Sep 28, 2020 3:47 pm

Sebel wrote: ↑
Thu Sep 24, 2020 4:28 pm

forney wrote: ↑
Thu Sep 24, 2020 11:55 am
Provision of Appendix EU (Annex 1) requires mandatory refusal of a former Zambrano carer on grounds that the carer has limited leave to remain under another part of the Immigration rules.

This provision is unlawful for the following reasons:

1. Zambrano carers have a legitimate expectation that the provisions made in Appendix EU should be the same or not more restrictive than the provision for such persons under the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’).

2. The 2016 Regulations provide that a person may enjoy an EU derivative right to reside as a Zambrano carer notwithstanding that a person has limited leave to remain under the Immigration Rules.

3. Per the 2016 Regulations, only individuals with indefinite leave are prevented from enjoying an EU derivative right to reside as a Zambrano carer.

4. The Home Office repeatedly signaled its intention, from 2016 onwards, to provide for former Zambrano carers on the same basis as the 2016 Regulations as regards qualifying conditions.

5. The Home Office is required to be straight forward in its dealings with the public. A departure from this requirement is not in the public interest.

6. To frustrate the expectation held by Zambrano carers is so unfair, that to take a new and different course, is tantamount to an abuse of power.

Zambrano carers have a legitimate expectation upon which they may rely, and which leads to the conclusion that the Home Office ought to grant ILR on their respective applications.

References:

The Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’)

16 Derivative right to reside

(1) A person has a derivative right to reside during any period in which the person
(a) is not an exempt person; and
(b) satisfies each of the criteria in one or more of paragraphs (2) to (6).

(7) In this regulation—
(c) an “exempt person” is a person—
(i) who has a right to reside under another provision of these Regulations;
(ii) who has the right of abode under section 2 of the 1971 Act;
(iii) to whom section 8 of the 1971 Act, or an order made under subsection (2) of that section, applies; or
(iv) who has indefinite leave to enter or remain in the United Kingdom (but see paragraph (7A)).
@foeney thanks for the great write up. What is this for?please can you explain?

Please I really need help ; @lulubaby, @snooky, @murbashir, @foeney,@spirit007 please ever since I sent my document for the drf1 onthe 6th/8/2020, till dates,haven't heard from them.
Email them about 2weeks, not still heard anything. Can someone be of help please?
Thanks

Hello all,
I have plea here for help, no one seems to help me,Is it that no one knows any way forward or the questions are not necessary?

Hi Sebel

My DRF1 application took 16 weeks for HO to respond for biometrics and COA the only thing I guess as Snooky mention just keep chasing and I,m sure you’ll hear from them.good luck

IST · Post by **IST** » Tue Sep 29, 2020 6:12 am

lida56 wrote: ↑
Tue Sep 29, 2020 5:53 am
Hi snooky. Thanks for your kind guidance. As you advised I will put in PAP by the end of this week and write to PHSO as well since the delay is unreasonable. But, still it is not clarified for me if I can return to the UK by showing BRP at the boarder. Mine is BRP not a BRC. Is there anyway to make sure about this, or should I risk to book my flight! I appreciate any clarification.

Hi Lida

I think long as you have a valid BRP you can travel abroad and return back without any issues.

snooky · Post by **snooky** » Tue Sep 29, 2020 6:38 am

lida56 wrote: ↑
Tue Sep 29, 2020 5:53 am
Hi snooky. Thanks for your kind guidance. As you advised I will put in PAP by the end of this week and write to PHSO as well since the delay is unreasonable. But, still it is not clarified for me if I can return to the UK by showing BRP at the boarder. Mine is BRP not a BRC. Is there anyway to make sure about this, or should I risk to book my flight! I appreciate any clarification.

Hi

1. As IST has said and the HO advised plus my respond, your old leave be it BRC or BRP whichever one you have has it's own entitlement. That entitlement you had on your old leave if hasnt expired can be used to travel, work, etc.

2. This is a bit complicated but it could be done only if your country border immigration can allow you on a plane then that is fine because as you now identify as someone as a family member of eea regulation 16 though not confirmed, you can travel to the uk.

The problem is the airline staff, your country immigration and some miscreants at your home airport who wouldn't let you. But should you be able according to the regulations, the HO will have to issue you that right at the airport.

snooky · Post by **snooky** » Tue Sep 29, 2020 7:17 am

@All with Delayed COA or Confirmation of EEA Right

These laws can help you to force HO to comply

The Immigration (European Economic Area) Regulations 2016 Section 18. (3) state that:
“On receipt of an application and the documents that are required… the Secretary of State must immediately issue the applicant with a certificate of application for the residence card”

In accordance with Article 10(1) of Directive 2004/38/EC, applications should be decided within 6 months. Paragraph 17(3) of the Immigration (EEA) Regulations 2006, confirms that "on receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received".

You can bring a case against the HO under

Zewdu v SSHD [2015] EWHC 2148

Immigrationboards.com: Immigration, work visa and work permit discussion board

Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW