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Please don't give up. Have you found a lawyer or will you do it yourself?.gee4 wrote: ↑Wed Mar 31, 2021 10:55 amHi everyone
I just spoke to a solicitor who said the chances of the appeal being successful is low because i didn’t apply for DRF initially and it’s part of the legal requirements. But I remember reading here it’s not compulsory to make the application hence why I didn’t
HiLULUBABY wrote: ↑Wed Apr 07, 2021 9:47 pmThanks for your help and encouragement. Please what year is the Alvi vs SSHD upheld case so I can read it up?.snooky wrote: ↑Wed Apr 07, 2021 6:24 pmHiLULUBABY wrote: ↑Wed Apr 07, 2021 4:32 pmHappy Easter all.
UPDATE:
Hi all I just received this email from the Tribunal.
Please see attached decision and directions. The hearing listed for 12 April 2021 is vacated.
Consequent to the reference to a decision of Judge Neville in the applicant's grounds of renewal, filed with the Tribunal on 26 February 2021, the Judge has requested that a copy of the decision in Khan et al (EA/03099/2019 et al) be forwarded to the parties.
Kindly acknowledge receipt.
Please Snooky, what does this mean?. Oh my God I am really having headache and my heart is pounding really hard.
It means a lot and in favour of your case. Should the unreported been true then the judge would allow your case. You can ask the courts to send copy of EA/03099/2019 et al through utiacdecisions@hmcts.gsi.gov.uk.
Actually judge Nevile is well known in the courts so the judge will revalue all the information and how he arrived at its decision.
Remember there has been a recent case which upheld and reintroduced Alvi vs SSHD. Which affirms that HO guidance are not law and can't override the law.
The HO guidance should be drafted to reflect the law but not to precludes someone from meeting the act of parliament laws.
Keep dreaming and it would reality. Good luck
Oh my God, why I am feeling so cold despite the heating being on?. Please God, help me.
The original ALVI vs SSHD's Judgment dateLULUBABY wrote: ↑Wed Apr 07, 2021 9:47 pmThanks for your help and encouragement. Please what year is the Alvi vs SSHD upheld case so I can read it up?.snooky wrote: ↑Wed Apr 07, 2021 6:24 pmHiLULUBABY wrote: ↑Wed Apr 07, 2021 4:32 pmHappy Easter all.
UPDATE:
Hi all I just received this email from the Tribunal.
Please see attached decision and directions. The hearing listed for 12 April 2021 is vacated.
Consequent to the reference to a decision of Judge Neville in the applicant's grounds of renewal, filed with the Tribunal on 26 February 2021, the Judge has requested that a copy of the decision in Khan et al (EA/03099/2019 et al) be forwarded to the parties.
Kindly acknowledge receipt.
Please Snooky, what does this mean?. Oh my God I am really having headache and my heart is pounding really hard.
It means a lot and in favour of your case. Should the unreported been true then the judge would allow your case. You can ask the courts to send copy of EA/03099/2019 et al through utiacdecisions@hmcts.gsi.gov.uk.
Actually judge Nevile is well known in the courts so the judge will revalue all the information and how he arrived at its decision.
Remember there has been a recent case which upheld and reintroduced Alvi vs SSHD. Which affirms that HO guidance are not law and can't override the law.
The HO guidance should be drafted to reflect the law but not to precludes someone from meeting the act of parliament laws.
Keep dreaming and it would reality. Good luck
Oh my God, why I am feeling so cold despite the heating being on?. Please God, help me.
Thank you Lullaby. I will be doing it by my self, I can’t afford lawyer. I was stopped from my job since 2019 when i first made my application because right to work came negative even though I was a spouse to Eu national at the time but my 5 years residency visa had ran out.LULUBABY wrote: ↑Wed Apr 07, 2021 10:41 pmPlease don't give up. Have you found a lawyer or will you do it yourself?.gee4 wrote: ↑Wed Mar 31, 2021 10:55 amHi everyone
I just spoke to a solicitor who said the chances of the appeal being successful is low because i didn’t apply for DRF initially and it’s part of the legal requirements. But I remember reading here it’s not compulsory to make the application hence why I didn’t
@snookysnooky wrote: ↑Fri Apr 02, 2021 11:27 amHiFustrated2019 wrote: ↑Fri Apr 02, 2021 9:31 amHappy new month everyone.
@snooky please I need to pick your brains. I have received a date from the court for case management review before a hearing. I am appealing DFR1. I haven’t received anything from the home office and I haven’t sent anything either . I am self representing .
What will happen ? Can you please help?
Thank you
The reason why hearing has been converted to a Case Management Review Hearing is in order for the Judge to determine whether the case should proceed to a full hearing. If decided it is not necessary the Appellant’s case will be decided on the papers only.
The Immigration Tribunal often arranges Case Management Review (‘CMR’) Hearings where the Immigration Judge, Appellant, his or her representative and the Secretary of State for the Home Department’s representative attend to discuss any preparations required for the hearing. While there are few of these hearings, paragraph 7.2 of the relevant Practice Direction relates their significance:
The main purpose of the CMR is to confirm the points in issue prior to the substantive hearing. The judge conducting the hearing should be seeking to confirm the issues that will be raised by either side. ... The CMR is regarded as a hearing of the appeal and is held before an Immigration Judge.
Now self representing against HOPO is a very dangerous thread to go. The HOPOs are ambiguous with their definitions and twist so much.
You will need to engage a representative to properly help you through.
You have to also make sure you have a bundle of Skeleton Argument and Witness Statement for your trial should your case goes on trial.
Prepare for courts proceedings else your case wouldn't succeed.
I always say to people to do paper applications because if you can't argue with law whilst in court with HOPO then it call a car crash.
I am having the same issue but I am going to fight it alone. With the Lord on our side , victory is assuredgee4 wrote: ↑Thu Apr 08, 2021 12:26 amThank you Lullaby. I will be doing it by my self, I can’t afford lawyer. I was stopped from my job since 2019 when i first made my application because right to work came negative even though I was a spouse to Eu national at the time but my 5 years residency visa had ran out.LULUBABY wrote: ↑Wed Apr 07, 2021 10:41 pmPlease don't give up. Have you found a lawyer or will you do it yourself?.gee4 wrote: ↑Wed Mar 31, 2021 10:55 amHi everyone
I just spoke to a solicitor who said the chances of the appeal being successful is low because i didn’t apply for DRF initially and it’s part of the legal requirements. But I remember reading here it’s not compulsory to make the application hence why I didn’t
I spoke to citizen’s advice and they are giving advice that I should go for Appendix fm as I didn’t apply for DRF and it’s part of the requirements for Zambranos. I’m so lost and confused but my faith is in God.
I am just wondering, since you said you were once on a spouse visa based on your relationship with an EU national, who knows if you should have another route under the EU settlement scheme, apart from Zambrano?.gee4 wrote: ↑Thu Apr 08, 2021 12:26 amThank you Lullaby. I will be doing it by my self, I can’t afford lawyer. I was stopped from my job since 2019 when i first made my application because right to work came negative even though I was a spouse to Eu national at the time but my 5 years residency visa had ran out.LULUBABY wrote: ↑Wed Apr 07, 2021 10:41 pmPlease don't give up. Have you found a lawyer or will you do it yourself?.gee4 wrote: ↑Wed Mar 31, 2021 10:55 amHi everyone
I just spoke to a solicitor who said the chances of the appeal being successful is low because i didn’t apply for DRF initially and it’s part of the legal requirements. But I remember reading here it’s not compulsory to make the application hence why I didn’t
I spoke to citizen’s advice and they are giving advice that I should go for Appendix fm as I didn’t apply for DRF and it’s part of the requirements for Zambranos. I’m so lost and confused but my faith is in God.
Fustrated2019 wrote: ↑Thu Apr 08, 2021 9:02 am@snookysnooky wrote: ↑Fri Apr 02, 2021 11:27 amHiFustrated2019 wrote: ↑Fri Apr 02, 2021 9:31 amHappy new month everyone.
@snooky please I need to pick your brains. I have received a date from the court for case management review before a hearing. I am appealing DFR1. I haven’t received anything from the home office and I haven’t sent anything either . I am self representing .
What will happen ? Can you please help?
Thank you
The reason why hearing has been converted to a Case Management Review Hearing is in order for the Judge to determine whether the case should proceed to a full hearing. If decided it is not necessary the Appellant’s case will be decided on the papers only.
The Immigration Tribunal often arranges Case Management Review (‘CMR’) Hearings where the Immigration Judge, Appellant, his or her representative and the Secretary of State for the Home Department’s representative attend to discuss any preparations required for the hearing. While there are few of these hearings, paragraph 7.2 of the relevant Practice Direction relates their significance:
The main purpose of the CMR is to confirm the points in issue prior to the substantive hearing. The judge conducting the hearing should be seeking to confirm the issues that will be raised by either side. ... The CMR is regarded as a hearing of the appeal and is held before an Immigration Judge.
Now self representing against HOPO is a very dangerous thread to go. The HOPOs are ambiguous with their definitions and twist so much.
You will need to engage a representative to properly help you through.
You have to also make sure you have a bundle of Skeleton Argument and Witness Statement for your trial should your case goes on trial.
Prepare for courts proceedings else your case wouldn't succeed.
I always say to people to do paper applications because if you can't argue with law whilst in court with HOPO then it call a car crash.
Sorry to be a pain . I have called several solicitors and their general conscensus is to abandon the appeal and renew as normal because the appeal will not succeed according to them but I don’t feel like giving up.
Please please help
https://www.gov.uk/government/publicati ... eira-cases
I have the same problem too, they are asking me to renew. I feel I have to stick it out. If I abandon the appeal and renew (it is still renewal + HO invoice), if I end up with the appeal and renew (it is still renewal + HO invoice), if I succeed with the appeal (DRUM ROLL please ....AMAZING + MONEY BACK GUARANTEE).Fustrated2019 wrote: ↑Thu Apr 08, 2021 9:02 am@snookysnooky wrote: ↑Fri Apr 02, 2021 11:27 amHiFustrated2019 wrote: ↑Fri Apr 02, 2021 9:31 amHappy new month everyone.
@snooky please I need to pick your brains. I have received a date from the court for case management review before a hearing. I am appealing DFR1. I haven’t received anything from the home office and I haven’t sent anything either . I am self representing .
What will happen ? Can you please help?
Thank you
The reason why hearing has been converted to a Case Management Review Hearing is in order for the Judge to determine whether the case should proceed to a full hearing. If decided it is not necessary the Appellant’s case will be decided on the papers only.
The Immigration Tribunal often arranges Case Management Review (‘CMR’) Hearings where the Immigration Judge, Appellant, his or her representative and the Secretary of State for the Home Department’s representative attend to discuss any preparations required for the hearing. While there are few of these hearings, paragraph 7.2 of the relevant Practice Direction relates their significance:
The main purpose of the CMR is to confirm the points in issue prior to the substantive hearing. The judge conducting the hearing should be seeking to confirm the issues that will be raised by either side. ... The CMR is regarded as a hearing of the appeal and is held before an Immigration Judge.
Now self representing against HOPO is a very dangerous thread to go. The HOPOs are ambiguous with their definitions and twist so much.
You will need to engage a representative to properly help you through.
You have to also make sure you have a bundle of Skeleton Argument and Witness Statement for your trial should your case goes on trial.
Prepare for courts proceedings else your case wouldn't succeed.
I always say to people to do paper applications because if you can't argue with law whilst in court with HOPO then it call a car crash.
Sorry to be a pain . I have called several solicitors and their general conscensus is to abandon the appeal and renew as normal because the appeal will not succeed according to them but I don’t feel like giving up.
Please please help
@Lulubaby, I am sending youLULUBABY wrote: ↑Thu Apr 08, 2021 11:34 amI have the same problem too, they are asking me to renew. I feel I have to stick it out. If I abandon the appeal and renew (it is still renewal + HO invoice), if I end up with the appeal and renew (it is still renewal + HO invoice), if I succeed with the appeal (DRUM ROLL please ....AMAZING + MONEY BACK GUARANTEE).Fustrated2019 wrote: ↑Thu Apr 08, 2021 9:02 am@snookysnooky wrote: ↑Fri Apr 02, 2021 11:27 amHiFustrated2019 wrote: ↑Fri Apr 02, 2021 9:31 amHappy new month everyone.
@snooky please I need to pick your brains. I have received a date from the court for case management review before a hearing. I am appealing DFR1. I haven’t received anything from the home office and I haven’t sent anything either . I am self representing .
What will happen ? Can you please help?
Thank you
The reason why hearing has been converted to a Case Management Review Hearing is in order for the Judge to determine whether the case should proceed to a full hearing. If decided it is not necessary the Appellant’s case will be decided on the papers only.
The Immigration Tribunal often arranges Case Management Review (‘CMR’) Hearings where the Immigration Judge, Appellant, his or her representative and the Secretary of State for the Home Department’s representative attend to discuss any preparations required for the hearing. While there are few of these hearings, paragraph 7.2 of the relevant Practice Direction relates their significance:
The main purpose of the CMR is to confirm the points in issue prior to the substantive hearing. The judge conducting the hearing should be seeking to confirm the issues that will be raised by either side. ... The CMR is regarded as a hearing of the appeal and is held before an Immigration Judge.
Now self representing against HOPO is a very dangerous thread to go. The HOPOs are ambiguous with their definitions and twist so much.
You will need to engage a representative to properly help you through.
You have to also make sure you have a bundle of Skeleton Argument and Witness Statement for your trial should your case goes on trial.
Prepare for courts proceedings else your case wouldn't succeed.
I always say to people to do paper applications because if you can't argue with law whilst in court with HOPO then it call a car crash.
Sorry to be a pain . I have called several solicitors and their general conscensus is to abandon the appeal and renew as normal because the appeal will not succeed according to them but I don’t feel like giving up.
Please please help
Immediately I received HO invoice plus another letter stating a payment deadline, it was like a shock to my system. I stopped watching 'FIXER UPPER & FLIP OR FLOP'. I hit the keyboard.
I took the Judge's paper renewal refusal letter and read it again. I took note of my mistakes. I took Snooky's bundle and read it all again, I started from page 1 to the last of this topic and read it again and took note of the contributions about Zambrano carers with LTR. I took my HO EUSS refusal letter and read it again, noted their reasons for refusal.
I googled JR to find out the meaning and expectation/ what you hope to convince the lawyer.
I then started addressing myself as the Applicant and HO as the respondent. I then followed the format the HO lawyer used in presenting 'their' case and did mine.
By the time I finished, I looked at my work and knew that even my child will tell me "good job, mummy". I asked myself "did you drink STELLA when you did the paper submission?" The paper submission looked like 'a vehicle on top speed and the brakes failed shortly before approaching a slope.'
This last one I wrote looks more like a broken down vehicle on the motorway. I had more confidence like that driver waiting for AA to arrive.
I love your faith. Never go halfway and turn back, go fully to the end so you don’t regret anything. I spoke to a lawyer in January 2020 it was 2 days before my ltr expired , I was advise to continue to renew the ltr till 2024 then I can apply for Settled status. It was a difficult time but I took the risk because of my situation and left the ltr to expire, It all depends on your situation. Lots of people have been granted pre settled and settled status. We all witnessed lots of testimony on this forum and I know we still have more to come. Best of luck!YeahNgoo wrote: ↑Thu Apr 08, 2021 1:06 pm@Lulubaby, I am sending youLULUBABY wrote: ↑Thu Apr 08, 2021 11:34 amI have the same problem too, they are asking me to renew. I feel I have to stick it out. If I abandon the appeal and renew (it is still renewal + HO invoice), if I end up with the appeal and renew (it is still renewal + HO invoice), if I succeed with the appeal (DRUM ROLL please ....AMAZING + MONEY BACK GUARANTEE).Fustrated2019 wrote: ↑Thu Apr 08, 2021 9:02 am@snookysnooky wrote: ↑Fri Apr 02, 2021 11:27 am
Hi
The reason why hearing has been converted to a Case Management Review Hearing is in order for the Judge to determine whether the case should proceed to a full hearing. If decided it is not necessary the Appellant’s case will be decided on the papers only.
The Immigration Tribunal often arranges Case Management Review (‘CMR’) Hearings where the Immigration Judge, Appellant, his or her representative and the Secretary of State for the Home Department’s representative attend to discuss any preparations required for the hearing. While there are few of these hearings, paragraph 7.2 of the relevant Practice Direction relates their significance:
The main purpose of the CMR is to confirm the points in issue prior to the substantive hearing. The judge conducting the hearing should be seeking to confirm the issues that will be raised by either side. ... The CMR is regarded as a hearing of the appeal and is held before an Immigration Judge.
Now self representing against HOPO is a very dangerous thread to go. The HOPOs are ambiguous with their definitions and twist so much.
You will need to engage a representative to properly help you through.
You have to also make sure you have a bundle of Skeleton Argument and Witness Statement for your trial should your case goes on trial.
Prepare for courts proceedings else your case wouldn't succeed.
I always say to people to do paper applications because if you can't argue with law whilst in court with HOPO then it call a car crash.
Sorry to be a pain . I have called several solicitors and their general conscensus is to abandon the appeal and renew as normal because the appeal will not succeed according to them but I don’t feel like giving up.
Please please help
Immediately I received HO invoice plus another letter stating a payment deadline, it was like a shock to my system. I stopped watching 'FIXER UPPER & FLIP OR FLOP'. I hit the keyboard.
I took the Judge's paper renewal refusal letter and read it again. I took note of my mistakes. I took Snooky's bundle and read it all again, I started from page 1 to the last of this topic and read it again and took note of the contributions about Zambrano carers with LTR. I took my HO EUSS refusal letter and read it again, noted their reasons for refusal.
I googled JR to find out the meaning and expectation/ what you hope to convince the lawyer.
I then started addressing myself as the Applicant and HO as the respondent. I then followed the format the HO lawyer used in presenting 'their' case and did mine.
By the time I finished, I looked at my work and knew that even my child will tell me "good job, mummy". I asked myself "did you drink STELLA when you did the paper submission?" The paper submission looked like 'a vehicle on top speed and the brakes failed shortly before approaching a slope.'
This last one I wrote looks more like a broken down vehicle on the motorway. I had more confidence like that driver waiting for AA to arrive.I love your faith. Never go halfway and turn back, go fully to the end so you don’t regret anything. I spoke to a lawyer in January 2020 it was 2 days before my ltr expired , I was advise to continue to renew the ltr till 2024 then I can apply for Settled status. It was a difficult time but I took the risk because of my situation and left the ltr to expire, It all depends on your situation. Lots of people have been granted pre settled and settled status. We all witnessed lots of testimony on this forum and I know we still have more to come. Best of luck!
@Snooky, thank you so much. I have read through Derivative rights of residence - Ibrahim/Teixeira Cases - revised but can this be relied on in court for EUSS Case.snooky wrote: ↑Thu Apr 08, 2021 9:46 amhttps://www.gov.uk/government/publicati ... eira-cases
https://www.google.com/url?sa=t&source= ... jWwtgHKHAe
All derivative cases are within the Appendix eu of the withdrawal agreement but not the withdrawal agreement to the Appendix eu, apart from the CHAN case
Histar31 wrote: ↑Thu Apr 08, 2021 5:21 pm@Snooky, thank you so much. I have read through Derivative rights of residence - Ibrahim/Teixeira Cases - revised but can this be relied on in court for EUSS Case.snooky wrote: ↑Thu Apr 08, 2021 9:46 amhttps://www.gov.uk/government/publicati ... eira-cases
https://www.google.com/url?sa=t&source= ... jWwtgHKHAe
All derivative cases are within the Appendix eu of the withdrawal agreement but not the withdrawal agreement to the Appendix eu, apart from the CHAN case
Gee4 this is what I am talking to you about. Why not ask Snooky?. Based on the above explanation you gave, hear what he says. I am just wondering if there is a possibility of another category you fall in, under the EU settlement scheme, based on your relationship. Remember Snooky wasn't around when you posted this.gee4 wrote: ↑Wed Dec 30, 2020 11:44 amlolwe wrote: ↑Wed Dec 30, 2020 10:47 am@Gee. That sounds like progress!
Steps
1.) Complete the fee remission or fee waiver online (EX160)
2.) Complete the N244 form (see answers below)
3.) Attach a draft order and a statement of case. We need to create this as a group.
4.) Sign the form (in both places)
5.) Submit one copy of the N244 to the SSHD and one copy for the court (see the contact info below)
6.) Get the claim number from the court
EX160
Submit the fee waiver form online.
Go to https://helpwithcourtfees.service.gov.uk/checklist
- your National Insurance number or your Home Office reference number
- the court or tribunal form number - N244
- income, including wages
- savings and investments
- partner's income, savings and investments - if you have one
N244 - Application Notice for Group Litigation Order
https://assets.publishing.service.gov.u ... b_0818.pdf
POSSIBLE ANSWERS TO THE N244 QUESTIONS
Name of court - Taylor House
Claimant's name - your name
Defendant's name - Secretary of State for the Home Department (SSHD)
Date - 31 December 2020
1. Enter your name
2. Choose the Claimant box
3. To make a Group Litigation Order under CPR 19.11. Thousands of EUSS claims filed by Zambrano carers are refused by the SSHD. The refusals give rise to common or related issues concerning the lawfulness of the Home Office policy towards Zambrano carers who apply under EUSS.
4. Yes
5. Without a hearing
6. leave blank
7. not applicable
8. District Judge
9. SSHD
9a. Litigation Allocation Unit 6, New Square Bedfont Lakes Feltham, Middlesex TW14 8HA
10. the statement of case
11. sign the form twice
Contact information
The Court
customer.service@justice.gov.uk
i.f.a.taylorhouse@justice.gov.uk
SSHD
thetreasurysolicitor@governmentlegal.gov.uk
Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending). My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.
Thank you Lullaby and thank you snookysnooky wrote: ↑Fri Apr 09, 2021 2:41 pmGee4
Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending).
My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.
Based on your quote and unquote for 5 years marriage
1. How long did the marriage last.
2. Did you lived in UK whilst married for a year.
3. Did the marriage lasted for 3 years
4. The last day of the marriage was your family member working
To Zambrano derivative questions
1. Does your child depend on you
2. Is there a relationship between you and the child
3. Do you provide any responsibility
Higee4 wrote: ↑Fri Apr 09, 2021 9:57 pmThank you Lullaby and thank you snookysnooky wrote: ↑Fri Apr 09, 2021 2:41 pmGee4
Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending).
My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.
Based on your quote and unquote for 5 years marriage
1. How long did the marriage last.
2. Did you lived in UK whilst married for a year.
3. Did the marriage lasted for 3 years
4. The last day of the marriage was your family member working
To Zambrano derivative questions
1. Does your child depend on you
2. Is there a relationship between you and the child
3. Do you provide any responsibility
The marriage lasted for more than 3 years but we have so many issues. I tried to do divorce but keep getting it worng.
Zambrano
Yes my son depends solely on me and I provided evidence. His dad moves to USA in 2016
He’s also on asd spectrum and I solely care for him
I have an appeal date soon. Citizens advice solicitor said positive outcome is slim because I never applied for derivatives which was a requirement for Zambrano Euss.
Thank you Snooky. My son isn’t EU. He’s British, I didn’t have him with my EU ex husband. I have him with a British citizensnooky wrote: ↑Fri Apr 09, 2021 10:53 pmHigee4 wrote: ↑Fri Apr 09, 2021 9:57 pmThank you Lullaby and thank you snookysnooky wrote: ↑Fri Apr 09, 2021 2:41 pmGee4
Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending).
My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.
Based on your quote and unquote for 5 years marriage
1. How long did the marriage last.
2. Did you lived in UK whilst married for a year.
3. Did the marriage lasted for 3 years
4. The last day of the marriage was your family member working
To Zambrano derivative questions
1. Does your child depend on you
2. Is there a relationship between you and the child
3. Do you provide any responsibility
The marriage lasted for more than 3 years but we have so many issues. I tried to do divorce but keep getting it worng.
Zambrano
Yes my son depends solely on me and I provided evidence. His dad moves to USA in 2016
He’s also on asd spectrum and I solely care for him
I have an appeal date soon. Citizens advice solicitor said positive outcome is slim because I never applied for derivatives which was a requirement for Zambrano Euss.
If you had done divorce after the 3 years, you could have have had what is called RETAIN RIGHT. You really lost that. If there was abuse and violence in the marriage and you had reported it to your GP, Police Family Justice and other agencies, that could have given you ILR under eea rules.
Your 5 years marriage application failed because of lack of documentations to proof. Like payslips etc because your partner wouldn't, I suppose. Your only chance was retain right of residence application based on 3 years after divorce.
Now to your Zambrano, why it failed is that you're not technically a Zambrano carer. Zambrano carers should be people looking after British minor children or vulnerable adults and they solely depend on the TCN.
All along you have been doing a wrong application. As your child is a eu citizen, you only have to apply as a family member EEA/FM under regulation 16. This means as a family member. Now you missed it too because eu applications are not been taken again by the HO apart from those already there. But under the EUSS you can apply through https://www.gov.uk/settled-status-eu-citizens-families.
Your problem was doing wrong applications. Your right to your child is called EEA family member.
Use this link for application https://www.gov.uk/settled-status-eu-ci ... led-status
Remember you got two months to apply
Good luck
Higee4 wrote: ↑Fri Apr 09, 2021 10:55 pmThank you Snooky. My son isn’t EU. He’s British, I didn’t have him with my EU ex husband. I have him with a British citizensnooky wrote: ↑Fri Apr 09, 2021 10:53 pmHigee4 wrote: ↑Fri Apr 09, 2021 9:57 pmThank you Lullaby and thank you snookysnooky wrote: ↑Fri Apr 09, 2021 2:41 pmGee4
Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending).
My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.
Based on your quote and unquote for 5 years marriage
1. How long did the marriage last.
2. Did you lived in UK whilst married for a year.
3. Did the marriage lasted for 3 years
4. The last day of the marriage was your family member working
To Zambrano derivative questions
1. Does your child depend on you
2. Is there a relationship between you and the child
3. Do you provide any responsibility
The marriage lasted for more than 3 years but we have so many issues. I tried to do divorce but keep getting it worng.
Zambrano
Yes my son depends solely on me and I provided evidence. His dad moves to USA in 2016
He’s also on asd spectrum and I solely care for him
I have an appeal date soon. Citizens advice solicitor said positive outcome is slim because I never applied for derivatives which was a requirement for Zambrano Euss.
If you had done divorce after the 3 years, you could have have had what is called RETAIN RIGHT. You really lost that. If there was abuse and violence in the marriage and you had reported it to your GP, Police Family Justice and other agencies, that could have given you ILR under eea rules.
Your 5 years marriage application failed because of lack of documentations to proof. Like payslips etc because your partner wouldn't, I suppose. Your only chance was retain right of residence application based on 3 years after divorce.
Now to your Zambrano, why it failed is that you're not technically a Zambrano carer. Zambrano carers should be people looking after British minor children or vulnerable adults and they solely depend on the TCN.
All along you have been doing a wrong application. As your child is a eu citizen, you only have to apply as a family member EEA/FM under regulation 16. This means as a family member. Now you missed it too because eu applications are not been taken again by the HO apart from those already there. But under the EUSS you can apply through https://www.gov.uk/settled-status-eu-citizens-families.
Your problem was doing wrong applications. Your right to your child is called EEA family member.
Use this link for application https://www.gov.uk/settled-status-eu-ci ... led-status
Remember you got two months to apply
Good luck
I currently have no leave to remain. What are my options please? I’m really getting exhausted. I’ve been here for over 9 years.snooky wrote: ↑Fri Apr 09, 2021 11:03 pmHigee4 wrote: ↑Fri Apr 09, 2021 10:55 pmThank you Snooky. My son isn’t EU. He’s British, I didn’t have him with my EU ex husband. I have him with a British citizensnooky wrote: ↑Fri Apr 09, 2021 10:53 pmHigee4 wrote: ↑Fri Apr 09, 2021 9:57 pm
Thank you Lullaby and thank you snooky
The marriage lasted for more than 3 years but we have so many issues. I tried to do divorce but keep getting it worng.
Zambrano
Yes my son depends solely on me and I provided evidence. His dad moves to USA in 2016
He’s also on asd spectrum and I solely care for him
I have an appeal date soon. Citizens advice solicitor said positive outcome is slim because I never applied for derivatives which was a requirement for Zambrano Euss.
If you had done divorce after the 3 years, you could have have had what is called RETAIN RIGHT. You really lost that. If there was abuse and violence in the marriage and you had reported it to your GP, Police Family Justice and other agencies, that could have given you ILR under eea rules.
Your 5 years marriage application failed because of lack of documentations to proof. Like payslips etc because your partner wouldn't, I suppose. Your only chance was retain right of residence application based on 3 years after divorce.
Now to your Zambrano, why it failed is that you're not technically a Zambrano carer. Zambrano carers should be people looking after British minor children or vulnerable adults and they solely depend on the TCN.
All along you have been doing a wrong application. As your child is a eu citizen, you only have to apply as a family member EEA/FM under regulation 16. This means as a family member. Now you missed it too because eu applications are not been taken again by the HO apart from those already there. But under the EUSS you can apply through https://www.gov.uk/settled-status-eu-citizens-families.
Your problem was doing wrong applications. Your right to your child is called EEA family member.
Use this link for application https://www.gov.uk/settled-status-eu-ci ... led-status
Remember you got two months to apply
Good luck
Having a British child for Zambrano derivative one must show compelling and compulsion. I think you could not show that within your submission to the HO.
