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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba, vinny

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Sebel
Junior Member
Posts: 92
Joined: Tue Mar 10, 2020 8:02 pm
Cameroon

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

Post by Sebel » Tue Jun 16, 2020 2:20 pm

Lagosbos wrote:
Tue Jun 16, 2020 1:25 pm
Thanks @snooky, i will bang in my DRF1 application as discussed and keep the forum updated all the way.
@Sebel can i check with on what route you currently hold your LTR. Is it the Spouse or Parent route?
I first of all applied as 10routes fm and was giving 2.5years,after my 2.5years expired, I renewed and was giving 5years routes as FM after working on my finance, etc. Thanks

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Tue Jun 16, 2020 4:37 pm

Automatic/Blanket Zambrano refusals: FTT Judge finds amended Zambrano Guidance an inaccurate reflection of the 2016 EEA Regulations

Following the Supreme Court Judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), Home Office Policy Guidance, Derivative rights of residence, published on 2nd May 2019 should no longer continue in existence in the public domain in its current form.

The offending parts of the Guidance have no basis in law, be it EU law or caselaw. Those who drafted it would have known this, in particular as it was foisted upon the public following KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, which was decided after the Court of Appeal in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 gave its judgement.

The Home Office’s start and end point in the “ consideration” of Zambrano applications, is not through an application of the relevant provisions of EU law and the principles flowing out of Ruiz Zambrano v Office national de l’emploi (Case C-34/09) [2012] QB 265 and other subsequent CJEU cases in combination with the EEA Regulations, but rather the Guidance of May 2019.

There is therefore an application of automatic refusal decisions without any assessment or examination of derivative residence card applications/individual circumstances, thereby applying a practice of automatic refusals in a manner akin to that deprecated/rejected in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28 in the CJEU.

The amended aspects of the Guidance when read in their entirety and in conjunction with the caselaw it seeks to rely upon, have never made any sense and on publication 8 months ago, appeared to have been hurriedly drafted, imposed upon the public, with Home Office decision-makers doggedly and blindly applying it to refuse Zambrano applications.

A First Tier Tribunal Judge has just allowed an appeal by non-EEA parents, joint primary carers of a dependent British citizen child, despite the existence of the Guidance in its current form, stating at page 52:

“A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or a dependent of that primary carer.

As a Zambrano case centres on a person seeking to remain in the UK with a British citizen, there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).

Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.

In the case of Patel v SSHD [2017] EWCA Civ 2028 (13 December 2017), the Court of Appeal ruled that someone holding leave to remain under domestic law would not benefit from a derivative right to reside. The Court also ruled that Zambrano is a not a back-door route to residence for those who have a British citizen child without having or acquiring leave to remain.

This means that a Zambrano application must be refused if the applicant:

• has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available

• has been refused under Appendix FM or Article 8 ECHR but their circumstances have changed since the decision was made – for example, the applicant applied on the basis of their relationship with a British spouse, but the couple now have a British child

Applicants being refused because it is open to them to apply under Appendix FM to the Immigration Rules should be directed to the information available at

www.gov.uk/uk-family-visa.

If an applicant has made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, and they were refused and exhausted their appeal rights recently, you must consider whether a derivative right of residence exists following the caseworking steps outlined in this guidance”.

Summary Background

The Appellants, parents of a British citizen child, were last granted limited leave to remain on the basis of the private and family life 10year route to settlement in 2016, with their leave expiring in May 2019.

Having made an application for a fee waiver in person, which was refused some weeks prior to their leave expiring, and not having the funds required by the Home Office (£4066 in relation to the application fees and NHS Health Surcharge), they submitted applications for derivative residence cards as joint primary carers of a dependant British citizen child under Regulation 16(5) of the EEA Regulations.

Their applications were submitted just days following publication of amended Home Office Policy Guidance, Derivative rights of residence of 2 May 2019.

The Appellants sought confirmation under the Zambrano Judgement that they were the primary carers of a British Citizen dependent child. It was put forward that the parents shared equally the responsibility of looking after the EU British citizen child and that in essence they were both joint primary carers and if forced to leave the United Kingdom, their British Citizen child would also leave.

Just prior to submission of their applications, the following blog post sought to discuss the ambit of the Guidance:

Home Office to refuse Zambrano applications under EEA Regs if Appendix FM/Article 8 alternative route available

The appeal

Despite strong contentions to the effect that the amended Policy Guidance did not accurately reflect the Court of Appeal decision in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 nor the EEA Regulations, their applications were refused just a few weeks after submission in July 2019.

Relying on the Guidance, the refusal decision also provided:

“You have previously been granted LTR under the UK’s domestic immigration law. As your circumstances have not changed, you are invited to re-apply to continue on the route to settlement in the UK”.

Both Appellants appealed under Regulation 36 of the Immigration (EEA) Regulations 2016.

When the Appellants lodged their appeals, a further blog post followed:

New Home Office Guidance: Automatic Zambrano refusals emptying EEA Regulations of usefulness

By the time the Appellants’ appeals were heard in January 2020, the Supreme Court had published their judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

Just a day before their appeals were heard, the following blog, in effect flexed part of the arguments to be put forward on their behalf at appeal:

An analysis of the Supreme Court judgment in Patel & Shah and the problem of Zambrano automatic refusal decisions

Part of the arguments advanced at the appeal hearing

Part of the arguments advanced on behalf of the Appellants in relation to the Guidance were:

The foundations of the Secretary of State’s Policy Guidance as applied to the case could not stand. The outcome in Shah in the Supreme Court did mean that a third country national primary carer parent, who is in a relationship with a British citizen partner, is able to rely upon a Zambrano application as opposed to an application under Appendix FM, where the requisite level of relationship of dependency with their British citizen child is fulfilled and the quality of that relationship is a relevant factor in determining whether the child is compelled to leave the EU.
Chavez-Vilchez v Raad van bestuur van de Sociale verbekeringsbank (Case C-133/15) [2018] QB 103 before the CJEU, concerned cases of separated parents where the Union citizen parent was not the primary carer. As noted by the Supreme Court there is no direct analogy with a case, such as the Shah appeal, where the family is living together. Similarly, as in this case, there was no direct analogy where the family is living together but where both parents are neither settled here nor have British citizenship. The circumstances of this case made it even more critical that a right of residence be granted to the Appellants as on the facts the compulsion test was satisfied.

Where the Tribunal follows the Secretary of State’s Guidance of May 2019 and does not undertake a substantive consideration of this appeal, that would in effect amount to an acceptance that the Tribunal’s jurisdiction in these types of appeals has been ousted- which cannot be correct in law, in particular there being a need to follow the proper approach set out by the Supreme Court in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), which drew heavily on KA v Belgium (Case C-82/16) [2018] 3 CMLR 28.

Reliance by the Secretary of State on her Policy Guidance could not stand having regard to the principles arising in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, on the correct interpretation of Article 20 of TFEU.

FTT Judge’s considerations

The Judge undertook the following considerations:

It was noted that the Appellants maintained that the Secretary of State’s decision was not in accordance with the evidence and the law as enshrined in the EEA Regulations.
The FTT Judge noted that the Secretary of State’s refusal decision was couched in terms that, the Appellants having been granted leave to remain under Appendix FM of the Immigration Rules previously, and there being no change in their circumstances, were required to apply under the said Rules/ Article 8 Human Rights and that “… a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK”.
The Judge however observed that no evidence/legal authority had been filed by the Secretary of State to establish that a Derivative Right to Reside is a “right of last resort” and the Appellants should exhaust Article 8 remedies before applying under the EEA Regulations.
In his judgement, there was nothing contained within the EEA Regulations which stipulates/requires that an applicant must exhaust all other means to remain lawfully in the United Kingdom under “domestic immigration law”.
It was further noted that as set out in detailed terms in the Appellants Skeleton Argument, the Secretary of State appeared to be seeking to rely upon a Home Office Policy Guidance “Free Movement; Derivative Rights of Residence, Version 5.0, 2nd May 2019, which appears to be based upon the Court of Appeal decision in Patel v SSHD [2017] EWCA Civ 2028, which in turn appears to have been recently considered by the Supreme Court in Patel v Secretary of State for the Home Department UKSC59(16 December 2019)

FTT Judge’s conclusions

The First Tier Tribunal Judge made the following findings in allowing the appeal:

Having regard to the totality of evidence, there was no dispute/challenge in the refusal decision that both Appellants are joint primary carers of a British citizen child.
There was no dispute that the British Citizen child is residing in the United Kingdom.
Furthermore, there was no dispute that the British Citizen child would not be able to continue to reside in the United Kingdom or in another EEA state if the Appellants left the United Kingdom for an indefinite period.
Accordingly, the Judge was satisfied that the Appellants met the criteria under Regulation 16(5) of the EEA Regulations.
The Judge stated that the Policy relied upon by the Secretary of State does not appear to be accurate in law. It does not represent a true reflection of the Court of Appeal judgement.
This conclusion is also apparent from the subsequent Supreme Court consideration of the case.
The Judge concluded that the reality was the Appellants made an application under the EEA Regulations and on the evidence before the Tribunal, they met the criteria under Regulation 16(5)of the EEA Regulations. As such they were entitled to succeed in their appeal under the Immigration (EEA) Regulations 2016.

Conclusion

It’s now time for the Home Office to remove the offending parts in Guidance Derivative rights of residence.

The Guidance appears misleading and results, as intended, in a discouragement of or an unlawful bar on entitled would -be applicants from relying upon the EEA Regulations.

Sebel
Junior Member
Posts: 92
Joined: Tue Mar 10, 2020 8:02 pm
Cameroon

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

Post by Sebel » Tue Jun 16, 2020 4:54 pm

snooky wrote:
Tue Jun 16, 2020 4:37 pm
Automatic/Blanket Zambrano refusals: FTT Judge finds amended Zambrano Guidance an inaccurate reflection of the 2016 EEA Regulations

Following the Supreme Court Judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), Home Office Policy Guidance, Derivative rights of residence, published on 2nd May 2019 should no longer continue in existence in the public domain in its current form.

The offending parts of the Guidance have no basis in law, be it EU law or caselaw. Those who drafted it would have known this, in particular as it was foisted upon the public following KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, which was decided after the Court of Appeal in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 gave its judgement.

The Home Office’s start and end point in the “ consideration” of Zambrano applications, is not through an application of the relevant provisions of EU law and the principles flowing out of Ruiz Zambrano v Office national de l’emploi (Case C-34/09) [2012] QB 265 and other subsequent CJEU cases in combination with the EEA Regulations, but rather the Guidance of May 2019.

There is therefore an application of automatic refusal decisions without any assessment or examination of derivative residence card applications/individual circumstances, thereby applying a practice of automatic refusals in a manner akin to that deprecated/rejected in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28 in the CJEU.

The amended aspects of the Guidance when read in their entirety and in conjunction with the caselaw it seeks to rely upon, have never made any sense and on publication 8 months ago, appeared to have been hurriedly drafted, imposed upon the public, with Home Office decision-makers doggedly and blindly applying it to refuse Zambrano applications.

A First Tier Tribunal Judge has just allowed an appeal by non-EEA parents, joint primary carers of a dependent British citizen child, despite the existence of the Guidance in its current form, stating at page 52:

“A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or a dependent of that primary carer.

As a Zambrano case centres on a person seeking to remain in the UK with a British citizen, there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).

Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.

In the case of Patel v SSHD [2017] EWCA Civ 2028 (13 December 2017), the Court of Appeal ruled that someone holding leave to remain under domestic law would not benefit from a derivative right to reside. The Court also ruled that Zambrano is a not a back-door route to residence for those who have a British citizen child without having or acquiring leave to remain.

This means that a Zambrano application must be refused if the applicant:

• has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available

• has been refused under Appendix FM or Article 8 ECHR but their circumstances have changed since the decision was made – for example, the applicant applied on the basis of their relationship with a British spouse, but the couple now have a British child

Applicants being refused because it is open to them to apply under Appendix FM to the Immigration Rules should be directed to the information available at

www.gov.uk/uk-family-visa.

If an applicant has made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, and they were refused and exhausted their appeal rights recently, you must consider whether a derivative right of residence exists following the caseworking steps outlined in this guidance”.

Summary Background

The Appellants, parents of a British citizen child, were last granted limited leave to remain on the basis of the private and family life 10year route to settlement in 2016, with their leave expiring in May 2019.

Having made an application for a fee waiver in person, which was refused some weeks prior to their leave expiring, and not having the funds required by the Home Office (£4066 in relation to the application fees and NHS Health Surcharge), they submitted applications for derivative residence cards as joint primary carers of a dependant British citizen child under Regulation 16(5) of the EEA Regulations.

Their applications were submitted just days following publication of amended Home Office Policy Guidance, Derivative rights of residence of 2 May 2019.

The Appellants sought confirmation under the Zambrano Judgement that they were the primary carers of a British Citizen dependent child. It was put forward that the parents shared equally the responsibility of looking after the EU British citizen child and that in essence they were both joint primary carers and if forced to leave the United Kingdom, their British Citizen child would also leave.

Just prior to submission of their applications, the following blog post sought to discuss the ambit of the Guidance:

Home Office to refuse Zambrano applications under EEA Regs if Appendix FM/Article 8 alternative route available

The appeal

Despite strong contentions to the effect that the amended Policy Guidance did not accurately reflect the Court of Appeal decision in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 nor the EEA Regulations, their applications were refused just a few weeks after submission in July 2019.

Relying on the Guidance, the refusal decision also provided:

“You have previously been granted LTR under the UK’s domestic immigration law. As your circumstances have not changed, you are invited to re-apply to continue on the route to settlement in the UK”.

Both Appellants appealed under Regulation 36 of the Immigration (EEA) Regulations 2016.

When the Appellants lodged their appeals, a further blog post followed:

New Home Office Guidance: Automatic Zambrano refusals emptying EEA Regulations of usefulness

By the time the Appellants’ appeals were heard in January 2020, the Supreme Court had published their judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

Just a day before their appeals were heard, the following blog, in effect flexed part of the arguments to be put forward on their behalf at appeal:

An analysis of the Supreme Court judgment in Patel & Shah and the problem of Zambrano automatic refusal decisions

Part of the arguments advanced at the appeal hearing

Part of the arguments advanced on behalf of the Appellants in relation to the Guidance were:

The foundations of the Secretary of State’s Policy Guidance as applied to the case could not stand. The outcome in Shah in the Supreme Court did mean that a third country national primary carer parent, who is in a relationship with a British citizen partner, is able to rely upon a Zambrano application as opposed to an application under Appendix FM, where the requisite level of relationship of dependency with their British citizen child is fulfilled and the quality of that relationship is a relevant factor in determining whether the child is compelled to leave the EU.
Chavez-Vilchez v Raad van bestuur van de Sociale verbekeringsbank (Case C-133/15) [2018] QB 103 before the CJEU, concerned cases of separated parents where the Union citizen parent was not the primary carer. As noted by the Supreme Court there is no direct analogy with a case, such as the Shah appeal, where the family is living together. Similarly, as in this case, there was no direct analogy where the family is living together but where both parents are neither settled here nor have British citizenship. The circumstances of this case made it even more critical that a right of residence be granted to the Appellants as on the facts the compulsion test was satisfied.

Where the Tribunal follows the Secretary of State’s Guidance of May 2019 and does not undertake a substantive consideration of this appeal, that would in effect amount to an acceptance that the Tribunal’s jurisdiction in these types of appeals has been ousted- which cannot be correct in law, in particular there being a need to follow the proper approach set out by the Supreme Court in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), which drew heavily on KA v Belgium (Case C-82/16) [2018] 3 CMLR 28.

Reliance by the Secretary of State on her Policy Guidance could not stand having regard to the principles arising in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, on the correct interpretation of Article 20 of TFEU.

FTT Judge’s considerations

The Judge undertook the following considerations:

It was noted that the Appellants maintained that the Secretary of State’s decision was not in accordance with the evidence and the law as enshrined in the EEA Regulations.
The FTT Judge noted that the Secretary of State’s refusal decision was couched in terms that, the Appellants having been granted leave to remain under Appendix FM of the Immigration Rules previously, and there being no change in their circumstances, were required to apply under the said Rules/ Article 8 Human Rights and that “… a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK”.
The Judge however observed that no evidence/legal authority had been filed by the Secretary of State to establish that a Derivative Right to Reside is a “right of last resort” and the Appellants should exhaust Article 8 remedies before applying under the EEA Regulations.
In his judgement, there was nothing contained within the EEA Regulations which stipulates/requires that an applicant must exhaust all other means to remain lawfully in the United Kingdom under “domestic immigration law”.
It was further noted that as set out in detailed terms in the Appellants Skeleton Argument, the Secretary of State appeared to be seeking to rely upon a Home Office Policy Guidance “Free Movement; Derivative Rights of Residence, Version 5.0, 2nd May 2019, which appears to be based upon the Court of Appeal decision in Patel v SSHD [2017] EWCA Civ 2028, which in turn appears to have been recently considered by the Supreme Court in Patel v Secretary of State for the Home Department UKSC59(16 December 2019)

FTT Judge’s conclusions

The First Tier Tribunal Judge made the following findings in allowing the appeal:

Having regard to the totality of evidence, there was no dispute/challenge in the refusal decision that both Appellants are joint primary carers of a British citizen child.
There was no dispute that the British Citizen child is residing in the United Kingdom.
Furthermore, there was no dispute that the British Citizen child would not be able to continue to reside in the United Kingdom or in another EEA state if the Appellants left the United Kingdom for an indefinite period.
Accordingly, the Judge was satisfied that the Appellants met the criteria under Regulation 16(5) of the EEA Regulations.
The Judge stated that the Policy relied upon by the Secretary of State does not appear to be accurate in law. It does not represent a true reflection of the Court of Appeal judgement.
This conclusion is also apparent from the subsequent Supreme Court consideration of the case.
The Judge concluded that the reality was the Appellants made an application under the EEA Regulations and on the evidence before the Tribunal, they met the criteria under Regulation 16(5)of the EEA Regulations. As such they were entitled to succeed in their appeal under the Immigration (EEA) Regulations 2016.

Conclusion

It’s now time for the Home Office to remove the offending parts in Guidance Derivative rights of residence.

The Guidance appears misleading and results, as intended, in a discouragement of or an unlawful bar on entitled would -be applicants from relying upon the EEA Regulations.
@snooky,thanks very much for the peace. I believe some of us don't really go to school and a very lengthy explanation might instead confuse us(me).
The questions I posted is yet to be answered. I have been filling the form since morning and was stock waiting for your advice and responds so I can continue with my form.

The lengthy explanation is good but some of us me(me) will be more and more confuse. Thanks.

Sebel
Junior Member
Posts: 92
Joined: Tue Mar 10, 2020 8:02 pm
Cameroon

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

Post by Sebel » Tue Jun 16, 2020 5:02 pm

snooky wrote:
Tue Jun 16, 2020 10:37 am
Sebel wrote:
Tue Jun 16, 2020 10:31 am
snooky wrote:
Tue Jun 16, 2020 9:26 am
Lagosbos wrote:
Mon Jun 15, 2020 7:40 pm
thanks again @snooky. I currently have about 15 months on my current leave. I applied for the settled status last year which was refused solely on the basis of having a Spouse LTR and I have also gone through AR which was also unsuccessful as the decision of the caseworker was upheld on that sole reason. I am already bearing in mind the DRF1 will be leading to an appeal, but i'm convinced it's worth given a short just as you have advised. My only concern and i think that was addressed earlier was the fact if it affects my current LTR.

You are right Lagosbos, with the settlement scheme as I always say, it is simply a domestic policy being rework around the Withdrawal Agreement. The who Appendix EU was made by UK executives so they do whatever they want.

The eu is aware how untruthful and deceitful the HO could be for not living to their promises.

As a matter of EU Article 20 and Regulation 16 of EEA regulations, anyone who has been refused by the HO not within the regulation is in valid
Hello snooky ,@all,
Please am about filling the drf1 form ,but I got some issues. My sons passport has expired , and his birth certificates is still with the HO with my documents which they have still not sent them. Please what should I do to sent to them.

Also inthe form, I have been ask for a representative, do I need a solicitor?

Lastly, when filling the form, they asked for a HO reference number, which reference number should I give?
Many thanks
Your HO Ref No always starts with the first Letter of your Surname. Normal it should be on the right side of any letter you have received from the HO. Not the one from settlement scheme

Send the ecpired passport with photo copy of the birth certificate and in one of the boxes, you will be asked why the original cant be provided. Just tell them it's in another part of the HO

Thanks snooky and sorry I didn't see your responds earlier.

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Tue Jun 16, 2020 5:34 pm

@,sebel

I know that but at times people should read judgments themselves and be enlightened. Remember this is the first time publishing lengthy stuff.

Sorry

Sebel
Junior Member
Posts: 92
Joined: Tue Mar 10, 2020 8:02 pm
Cameroon

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

Post by Sebel » Tue Jun 16, 2020 6:48 pm

snooky wrote:
Tue Jun 16, 2020 5:34 pm
@,sebel

I know that but at times people should read judgments themselves and be enlightened. Remember this is the first time publishing lengthy stuff.

Sorry
True you are right.
Please what about the AR? Should I put it on,or I should wait for the drf1 first?

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Tue Jun 16, 2020 9:00 pm

Sebel wrote:
Tue Jun 16, 2020 6:48 pm
snooky wrote:
Tue Jun 16, 2020 5:34 pm
@,sebel

I know that but at times people should read judgments themselves and be enlightened. Remember this is the first time publishing lengthy stuff.

Sorry
True you are right.
Please what about the AR? Should I put it on,or I should wait for the drf1 first?
You can do the AR and put all what I have talked about with and on the Regulation 16 itself then a bit of the lengthy stuff a just published.

The problem is HOs procedure of AR is bias as the settlement scheme stands. According to freedom of information, only I think 5 out of about 30 where overturned.

Why I like EEA application is that the courts make decisions based on the regulations

Violetsareblue
Member
Posts: 115
Joined: Fri Dec 20, 2019 11:46 pm
United Kingdom

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

Post by Violetsareblue » Tue Jun 16, 2020 9:33 pm

snooky wrote:
Tue Jun 16, 2020 4:37 pm
Automatic/Blanket Zambrano refusals: FTT Judge finds amended Zambrano Guidance an inaccurate reflection of the 2016 EEA Regulations

Following the Supreme Court Judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), Home Office Policy Guidance, Derivative rights of residence, published on 2nd May 2019 should no longer continue in existence in the public domain in its current form.

The offending parts of the Guidance have no basis in law, be it EU law or caselaw. Those who drafted it would have known this, in particular as it was foisted upon the public following KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, which was decided after the Court of Appeal in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 gave its judgement.

The Home Office’s start and end point in the “ consideration” of Zambrano applications, is not through an application of the relevant provisions of EU law and the principles flowing out of Ruiz Zambrano v Office national de l’emploi (Case C-34/09) [2012] QB 265 and other subsequent CJEU cases in combination with the EEA Regulations, but rather the Guidance of May 2019.

There is therefore an application of automatic refusal decisions without any assessment or examination of derivative residence card applications/individual circumstances, thereby applying a practice of automatic refusals in a manner akin to that deprecated/rejected in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28 in the CJEU.

The amended aspects of the Guidance when read in their entirety and in conjunction with the caselaw it seeks to rely upon, have never made any sense and on publication 8 months ago, appeared to have been hurriedly drafted, imposed upon the public, with Home Office decision-makers doggedly and blindly applying it to refuse Zambrano applications.

A First Tier Tribunal Judge has just allowed an appeal by non-EEA parents, joint primary carers of a dependent British citizen child, despite the existence of the Guidance in its current form, stating at page 52:

“A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or a dependent of that primary carer.

As a Zambrano case centres on a person seeking to remain in the UK with a British citizen, there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).

Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.

In the case of Patel v SSHD [2017] EWCA Civ 2028 (13 December 2017), the Court of Appeal ruled that someone holding leave to remain under domestic law would not benefit from a derivative right to reside. The Court also ruled that Zambrano is a not a back-door route to residence for those who have a British citizen child without having or acquiring leave to remain.

This means that a Zambrano application must be refused if the applicant:

• has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available

• has been refused under Appendix FM or Article 8 ECHR but their circumstances have changed since the decision was made – for example, the applicant applied on the basis of their relationship with a British spouse, but the couple now have a British child

Applicants being refused because it is open to them to apply under Appendix FM to the Immigration Rules should be directed to the information available at

www.gov.uk/uk-family-visa.

If an applicant has made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, and they were refused and exhausted their appeal rights recently, you must consider whether a derivative right of residence exists following the caseworking steps outlined in this guidance”.

Summary Background

The Appellants, parents of a British citizen child, were last granted limited leave to remain on the basis of the private and family life 10year route to settlement in 2016, with their leave expiring in May 2019.

Having made an application for a fee waiver in person, which was refused some weeks prior to their leave expiring, and not having the funds required by the Home Office (£4066 in relation to the application fees and NHS Health Surcharge), they submitted applications for derivative residence cards as joint primary carers of a dependant British citizen child under Regulation 16(5) of the EEA Regulations.

Their applications were submitted just days following publication of amended Home Office Policy Guidance, Derivative rights of residence of 2 May 2019.

The Appellants sought confirmation under the Zambrano Judgement that they were the primary carers of a British Citizen dependent child. It was put forward that the parents shared equally the responsibility of looking after the EU British citizen child and that in essence they were both joint primary carers and if forced to leave the United Kingdom, their British Citizen child would also leave.

Just prior to submission of their applications, the following blog post sought to discuss the ambit of the Guidance:

Home Office to refuse Zambrano applications under EEA Regs if Appendix FM/Article 8 alternative route available

The appeal

Despite strong contentions to the effect that the amended Policy Guidance did not accurately reflect the Court of Appeal decision in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 nor the EEA Regulations, their applications were refused just a few weeks after submission in July 2019.

Relying on the Guidance, the refusal decision also provided:

“You have previously been granted LTR under the UK’s domestic immigration law. As your circumstances have not changed, you are invited to re-apply to continue on the route to settlement in the UK”.

Both Appellants appealed under Regulation 36 of the Immigration (EEA) Regulations 2016.

When the Appellants lodged their appeals, a further blog post followed:

New Home Office Guidance: Automatic Zambrano refusals emptying EEA Regulations of usefulness

By the time the Appellants’ appeals were heard in January 2020, the Supreme Court had published their judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

Just a day before their appeals were heard, the following blog, in effect flexed part of the arguments to be put forward on their behalf at appeal:

An analysis of the Supreme Court judgment in Patel & Shah and the problem of Zambrano automatic refusal decisions

Part of the arguments advanced at the appeal hearing

Part of the arguments advanced on behalf of the Appellants in relation to the Guidance were:

The foundations of the Secretary of State’s Policy Guidance as applied to the case could not stand. The outcome in Shah in the Supreme Court did mean that a third country national primary carer parent, who is in a relationship with a British citizen partner, is able to rely upon a Zambrano application as opposed to an application under Appendix FM, where the requisite level of relationship of dependency with their British citizen child is fulfilled and the quality of that relationship is a relevant factor in determining whether the child is compelled to leave the EU.
Chavez-Vilchez v Raad van bestuur van de Sociale verbekeringsbank (Case C-133/15) [2018] QB 103 before the CJEU, concerned cases of separated parents where the Union citizen parent was not the primary carer. As noted by the Supreme Court there is no direct analogy with a case, such as the Shah appeal, where the family is living together. Similarly, as in this case, there was no direct analogy where the family is living together but where both parents are neither settled here nor have British citizenship. The circumstances of this case made it even more critical that a right of residence be granted to the Appellants as on the facts the compulsion test was satisfied.

Where the Tribunal follows the Secretary of State’s Guidance of May 2019 and does not undertake a substantive consideration of this appeal, that would in effect amount to an acceptance that the Tribunal’s jurisdiction in these types of appeals has been ousted- which cannot be correct in law, in particular there being a need to follow the proper approach set out by the Supreme Court in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), which drew heavily on KA v Belgium (Case C-82/16) [2018] 3 CMLR 28.

Reliance by the Secretary of State on her Policy Guidance could not stand having regard to the principles arising in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, on the correct interpretation of Article 20 of TFEU.

FTT Judge’s considerations

The Judge undertook the following considerations:

It was noted that the Appellants maintained that the Secretary of State’s decision was not in accordance with the evidence and the law as enshrined in the EEA Regulations.
The FTT Judge noted that the Secretary of State’s refusal decision was couched in terms that, the Appellants having been granted leave to remain under Appendix FM of the Immigration Rules previously, and there being no change in their circumstances, were required to apply under the said Rules/ Article 8 Human Rights and that “… a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK”.
The Judge however observed that no evidence/legal authority had been filed by the Secretary of State to establish that a Derivative Right to Reside is a “right of last resort” and the Appellants should exhaust Article 8 remedies before applying under the EEA Regulations.
In his judgement, there was nothing contained within the EEA Regulations which stipulates/requires that an applicant must exhaust all other means to remain lawfully in the United Kingdom under “domestic immigration law”.
It was further noted that as set out in detailed terms in the Appellants Skeleton Argument, the Secretary of State appeared to be seeking to rely upon a Home Office Policy Guidance “Free Movement; Derivative Rights of Residence, Version 5.0, 2nd May 2019, which appears to be based upon the Court of Appeal decision in Patel v SSHD [2017] EWCA Civ 2028, which in turn appears to have been recently considered by the Supreme Court in Patel v Secretary of State for the Home Department UKSC59(16 December 2019)

FTT Judge’s conclusions

The First Tier Tribunal Judge made the following findings in allowing the appeal:

Having regard to the totality of evidence, there was no dispute/challenge in the refusal decision that both Appellants are joint primary carers of a British citizen child.
There was no dispute that the British Citizen child is residing in the United Kingdom.
Furthermore, there was no dispute that the British Citizen child would not be able to continue to reside in the United Kingdom or in another EEA state if the Appellants left the United Kingdom for an indefinite period.
Accordingly, the Judge was satisfied that the Appellants met the criteria under Regulation 16(5) of the EEA Regulations.
The Judge stated that the Policy relied upon by the Secretary of State does not appear to be accurate in law. It does not represent a true reflection of the Court of Appeal judgement.
This conclusion is also apparent from the subsequent Supreme Court consideration of the case.
The Judge concluded that the reality was the Appellants made an application under the EEA Regulations and on the evidence before the Tribunal, they met the criteria under Regulation 16(5)of the EEA Regulations. As such they were entitled to succeed in their appeal under the Immigration (EEA) Regulations 2016.

Conclusion

It’s now time for the Home Office to remove the offending parts in Guidance Derivative rights of residence.

The Guidance appears misleading and results, as intended, in a discouragement of or an unlawful bar on entitled would -be applicants from relying upon the EEA Regulations.
Hello Snooky,
If I understand clearly from what you’ve written, the home office have been instructed by the judge to change the guidance. Why haven’t they changed it? Can someone with a strong case sir them to court so this can be amended? It’ll be a good thing if those with parent visa 10 year route can apply to the settlement.

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

Post by snooky » Tue Jun 16, 2020 9:49 pm

@Violetsareblue

HO, is always having a tussle with the Judges and the police. The judge instructed the HO to take off their misguided guidance but HO is frustrate the situation and killing time because EEA is only 6 in the go.

In law, HO failure to take down the guidance amount to contempt of court and soon directive will come from court again should they fail to do it then the HO Secretary can be imprisoned. Remember Teresa May was nearly put in prison for contempt of court and was the first in almost 70 years as a HO to have a contempt.

That's why Zambrano appeals and DR are being allowed by judges for the guidance are illegal and has been asked to be replaced to reflect the regulation.

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

Post by snooky » Tue Jun 16, 2020 9:58 pm

@all

Please take your shots first on EEA Zambrano Application first because these ruling reflect the Regulation 16.

Settlement Scheme will be manipulated by HO. Having allowed in Zambrano EEA will easily qualifies you to the requirements of the settlement scheme

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

Post by Sebel » Tue Jun 16, 2020 10:10 pm

snooky wrote:
Tue Jun 16, 2020 9:58 pm
@all

Please take your shots first on EEA Zambrano Application first because these ruling reflect the Regulation 16.

Settlement Scheme will be manipulated by HO. Having allowed in Zambrano EEA will easily qualifies you to the requirements of the settlement scheme
Are by saying no need for the administrative review?
Thanks

snooky
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Posts: 874
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by snooky » Tue Jun 16, 2020 10:21 pm

@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020

Sebel
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Posts: 92
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Sebel » Tue Jun 16, 2020 11:50 pm

snooky wrote:
Tue Jun 16, 2020 10:21 pm
@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020
@snooky, sorry for over bordering tou,I know you are fade up with me but please just bare with me as the situation is so stressing for me and as far as the laws are concern, I dont know anything and I am a slow learner.
Please how can I do the administrative review? I went online, I can't find it. Even the link ho gave me, I can't find it.

After the drf1 application is submitted, what next? How can I go further, or what can I do? Should I contact a solicitor?
Thanks

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Wed Jun 17, 2020 6:35 am

Sebel wrote:
Tue Jun 16, 2020 11:50 pm
snooky wrote:
Tue Jun 16, 2020 10:21 pm
@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020
@snooky, sorry for over bordering tou,I know you are fade up with me but please just bare with me as the situation is so stressing for me and as far as the laws are concern, I dont know anything and I am a slow learner.
Please how can I do the administrative review? I went online, I can't find it. Even the link ho gave me, I can't find it.

After the drf1 application is submitted, what next? How can I go further, or what can I do? Should I contact a solicitor?
Thanks
Sebel

Follow the link below for your administrative review
https://visas-immigration.service.gov.uk/next

snooky
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Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Wed Jun 17, 2020 7:13 am

Sebel

If you follow especially all that I have posted yesterday and rewrite them as your reason for your review, you could get out of jail.

Make sure you tell the HO that

1. Their refusal is not in accordance of eu laws
2.. You meet the Regulation 16 requirements
3.. Patel vs SSHD is not to interpret the Regulations
4. That you meet 16(5) criteria for Zambrano
3. Both 2017 and 2019 Patel vs SSHD didnt never mentioned anything in their guidance.
6. Reg 16(7) exempt persons as in Regulation 16 never mentioned Leave to Remain as a condition
7. Automatic/Blanket Zambrano refusals: FTT Judge finds amended Zambrano Guidance an inaccurate reflection of the 2016 EEA Regulations
8. HO guidance precludes you from Article 20 and regulation 16.
9. Home office refusal creates insurmountable effects and triggers compulsion and compelling the BC to leave the uk and the eu.
10. HO should use 16 December 2019 Patel vs SSHD for assessment.
11. Sec 55 wasn't given consideration, every child matters policy not looked, unCrc 3 never considered,
12. That the regulations gives you right to choose which route to apply.
13. HO fees are disfranchise union members minor children.
3. No guarantee that fee waiver will be successful
15. The decision discriminate against your eea BC child to have right in it's own country as allowed by the eu

At page 10 - 11 of the platform I have written a lot to help you all

Make sure you write good stuff

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

Post by snooky » Wed Jun 17, 2020 7:21 am

@all

Remember to say that in your AR

On 30 January 2020 and having heard a number of test cases, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the 2016 Regulations’) should not be disfranchise and has explicitly said the HO guidance is illegal

The FtT agreed that Patel, properly read, offers no support for either proposition. The judge ruled that the Respondent’s guidance contained legal principles which were ‘unsupported by, and in some cases completely at odds with, previous authority’ [46].
This is because Zambrano is concerned with the circumstances in which a TCN will have a right of residence under EU law, and in particular Article 20 of the Treaty on the Functioning of the European Union (‘TFEU’):

1. Citizenship of the Union is hereby established. Every person holding the nationality of a member state shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship.
2. Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Treaties. They shall have, inter alia:

a) the right to move and reside freely within the territory of the member states; …
Therefore, the obligation and the jurisdiction to grant residence follows Art.20.There was thus a distinct separation between EU law, and other provisions such as the ECHR, to form ‘two sources of protection’ [32]. In the learned judge’s opinion, the correct approach to take in determining Issue 1 was as follows:-

Is there a derivative right of residence as defined by Zambrano? If not;
Would removal be contrary to the right for respect for the TCN’s family and private life afforded by Article 8 ECHR?
As such, the Respondent’s guidance (and their application of their guidance) erred in law as it is predicated on testing whether the TCN is being compelled to leave the EU, rather than testing what would happen if he or she were so compelled.

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

Post by snooky » Wed Jun 17, 2020 8:45 am

@sebel

Q. After the drf1 application is submitted, what next? How can I go further, or what can I do? Should I contact a solicitor?

Ans. After submission, wait for the bad news aka REFUSAL.

Right. Appeal will be given under sec 36

Action. Take you appeal to court and use the same informations shared here on the board and the judge will allow your appeal. HO do not challenge Zambrano EEA appeals because they have no basis in law to challenge.

Final. A choice of a Solicitor and barrister should be your own prerogative and choice.

You can do your own appeal and that will save you 1000s of pounds.

Hope mubashir1981 will not runaway from here to also help others. He can guid you to a successful appeal

Spirit007
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Spirit007 » Wed Jun 17, 2020 9:07 am

Hi Gurus,

I have a friend who is in a similar boat like most of you. However, his case has some complexities, which he needs some help with clarifications.
Brief background is follows:
He applied for ILR to remain in jun-2016, moving from the now defunct tier 1 general. It was declined in dec-2008 under paragraph 322(5), tax discrepancy. To that he logged in another ILR application under long residence within 5 days of decision, as he met the 10 years criteria. He is married to non EU who has a british child. From birth, the child has always lived with them. They now have another child of their own.
Recently, he was advised to vary his ILT application to the EU Settlement scheme as the primary carer of a British citizen.
He wants to know if that was the right thing to do and whether to log in a Zambrano EEA application as well? Your advice would be greatly appreciated.
Thanks

snooky
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Posts: 874
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by snooky » Wed Jun 17, 2020 10:01 am

Spirit007 wrote:
Wed Jun 17, 2020 9:07 am
Hi Gurus,

I have a friend who is in a similar boat like most of you. However, his case has some complexities, which he needs some help with clarifications.
Brief background is follows:
He applied for ILR to remain in jun-2016, moving from the now defunct tier 1 general. It was declined in dec-2008 under paragraph 322(5), tax discrepancy. To that he logged in another ILR application under long residence within 5 days of decision, as he met the 10 years criteria. He is married to non EU who has a british child. From birth, the child has always lived with them. They now have another child of their own.
Recently, he was advised to vary his ILT application to the EU Settlement scheme as the primary carer of a British citizen.
He wants to know if that was the right thing to do and whether to log in a Zambrano EEA application as well? Your advice would be greatly appreciated.
Thanks
Spirit007

Per regulation 16 in regulation 2006band Article 20 of TFEU. There is nothing stopping here to apply for Zambrano EEA. If your friend meets the criteria in 16(5) then let your friend go for it and also as on 30 January 2020, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that the guidance on Zambrano published on 2 May 2019 by the HO is illegal and must be taken down.

As your friend has a British child and can identify as a Zambrano carer, then she can apply for a derivative right to reside

Though there has been a Tax discrepancy, under Under Regulations 16(12) no domestic criminal records or falsification can stop anyone getting derivative right to reside

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

Post by snooky » Wed Jun 17, 2020 10:15 am

@Spirit007

Is the british child your your friends child

If not, the second child is s/he a British

If the second is not British then are you married to the non EEA or can you proof you have been living together for 2 years

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

Post by Sebel » Wed Jun 17, 2020 10:16 am

snooky wrote:
Wed Jun 17, 2020 6:35 am
Sebel wrote:
Tue Jun 16, 2020 11:50 pm
snooky wrote:
Tue Jun 16, 2020 10:21 pm
@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020
@snooky, sorry for over bordering tou,I know you are fade up with me but please just bare with me as the situation is so stressing for me and as far as the laws are concern, I dont know anything and I am a slow learner.
Please how can I do the administrative review? I went online, I can't find it. Even the link ho gave me, I can't find it.

After the drf1 application is submitted, what next? How can I go further, or what can I do? Should I contact a solicitor?
Thanks
Sebel

Follow the link below for your administrative review
https://visas-immigration.service.gov.uk/next
Wow snooky,God bless you so so much. You are indeed a God sent to us .

IST
Member
Posts: 194
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

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

Post by IST » Wed Jun 17, 2020 10:37 am

Hi everyone

16th of March 2020 EEA DRF1 form was submitted, money taken week after.
Passport received back 1st April 2020 and since then no biometrics letter or COA received

Is this normal ?


Many Thanks

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Wed Jun 17, 2020 10:49 am

IST wrote:
Wed Jun 17, 2020 10:37 am
Hi everyone

16th of March 2020 EEA DRF1 form was submitted, money taken week after.
Passport received back 1st April 2020 and since then no biometrics letter or COA received

Is this normal ?


Many Thanks
Normal due to covid19 pandemic

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm
United Kingdom

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

Post by snooky » Wed Jun 17, 2020 10:50 am

Sebel wrote:
Wed Jun 17, 2020 10:16 am
snooky wrote:
Wed Jun 17, 2020 6:35 am
Sebel wrote:
Tue Jun 16, 2020 11:50 pm
snooky wrote:
Tue Jun 16, 2020 10:21 pm
@All

There's 6 month left for anyone who want to be part of the eu law and protection.

As the court has trashed the guidance of the HO, please whatever you want to do, decide it fast before the curtain is closed on 31. 12. 2020
@snooky, sorry for over bordering tou,I know you are fade up with me but please just bare with me as the situation is so stressing for me and as far as the laws are concern, I dont know anything and I am a slow learner.
Please how can I do the administrative review? I went online, I can't find it. Even the link ho gave me, I can't find it.

After the drf1 application is submitted, what next? How can I go further, or what can I do? Should I contact a solicitor?
Thanks
Sebel

Follow the link below for your administrative review
https://visas-immigration.service.gov.uk/next
Wow snooky,God bless you so so much. You are indeed a God sent to us .
U r wlc

Good luck

IST
Member
Posts: 194
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

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

Post by IST » Wed Jun 17, 2020 10:56 am

snooky wrote:
Wed Jun 17, 2020 10:49 am
IST wrote:
Wed Jun 17, 2020 10:37 am
Hi everyone

16th of March 2020 EEA DRF1 form was submitted, money taken week after.
Passport received back 1st April 2020 and since then no biometrics letter or COA received

Is this normal ?


Many Thanks
Normal due to covid19 pandemic
Thank you Snooky

Locked