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

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

Post by Prettymum » Wed Jul 08, 2020 8:38 am

@ snooky

I was at the court this morning I was told that they can not attend to anyone in person due to COVID19 and to issue parental responsibility agreement they have to witness our signatures. What should I do now.

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

Post by snooky » Wed Jul 08, 2020 9:15 am

Prettymum wrote:
Wed Jul 08, 2020 6:49 am
@ Snooky

Question is

1. Are you married to the child's father- YES

2. Do you have courts order for parental responsibility -NO.... BUT I HAVE PRINTED THE FORM OUT SO THAT I CAN TAKE IT TO THE FAMILY COURT TODAY.

3. Do you have courts order for guardianship -NO

4. Can you proof 2 years relationship with the childs parent. (Partner) and proof 5 yrs of relationship with the British child and dependency that is if you want settled status?. Anything less will put you into pre settled status

MARRIED FOR SO MANY YEARS WE HAVE TWO KIDS TOGETHER.....THE BRITISH CHILD IS 2YEARS GOING TO BE 3 YEARS OLD

I have a letter from the health visitor stating she wants to visit my step daughter for medical routine. That was last year.

I also have a letter from the daycare that I come to pick her and a contact person....but i have submitted this before.
Do i need to go to the daycare again to give me letter of introduction and scan it to them as one of my supporting documents?

Many thanks.
Prettymum

Is your husband a British citizen?

The other children are they British too?

By answering these, I can tell you the next step

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

Post by Prettymum » Wed Jul 08, 2020 10:45 am

@ Snooky

Is your husband a British citizen? NO .. BUT HE HAS LIMITED LEAVE TO REMAIN

The other children are they British too? NO... THEY HAVE LIMITED LEAVE TO REMAIN TOO

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

Post by snooky » Wed Jul 08, 2020 11:36 am

Prettymum wrote:
Wed Jul 08, 2020 10:45 am
@ Snooky

Is your husband a British citizen? NO .. BUT HE HAS LIMITED LEAVE TO REMAIN

The other children are they British too? NO... THEY HAVE LIMITED LEAVE TO REMAIN TOO
Prettymum

Alright, these are the scenarios.

1. Within marriage, you authentically have parental right and responsibility. This is enshrined by virtue of marriage.

2. As long as you can proof that the child's 3 years of life depended and you, then HO should allow you.

3. In British law, the term parent isn't refers to he who looks after a child not who begot the child.

What HO has done with Zambrano is close do many avenues within their enshrined right because they use the word TCNs.

Within the EU laws step children and parents are direct family members in ascending order. The eu court has declared that. It got to a point step children were also removed but the courts as usual, brought it back in the game.

The word family unite in western laws comprises with

A. Married couples their children
B. Children brought to marriage

The HO scaled it down and removed step parents unless you have all these orderships.

You can challenge them at the courts should they fault.

Just proof beyond reasonable doubt with documents.

If your hubby and kids also applied for with you, by HO given BRC to the British child's siblings and other parent, you will have to be issued also due to your children who serve middle ground.

Read what the eu said at the court

https://e-justice.europa.eu/content_par ... o?member=1

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

Post by snooky » Wed Jul 08, 2020 11:49 am

@Prettymum

It is a big challenge, the British laws always contradict with eu laws and are like warzone.

Just re don the courts to see if it could be done through email scanning of documents

Prettymum
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Posts: 137
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Prettymum » Wed Jul 08, 2020 12:08 pm

snooky wrote:
Wed Jul 08, 2020 11:49 am
@Prettymum

It is a big challenge, the British laws always contradict with eu laws and are like warzone.

Just re don the courts to see if it could be done through email scanning of documents
Ok Snooky. Many thanks I will fill you in.

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

Post by snooky » Thu Jul 09, 2020 9:02 am

@Members who had come to the UK with Visit Visa

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020).

I think in the past we have had some members who had come in from their irrespective countries as visitors and now would want to switch to EEA Zambrano or EUSS Zambrano.

We advised them that their right wouldn't engage as Derivative Right of Residence because they had come in through entry clearance process and again as there is no bar stopping the family going back and forth as they have home in their countries.

This above Ruling says it all and I will want these people to take a cue.

As always, such route wouldn't be available to them and the best route will be applying for EC Appendix FM and that will be given.

Due to the pandemic, so many cases haven't been given attention.

Tnx

Roar1
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Roar1 » Thu Jul 09, 2020 1:08 pm

Hello Snooky

Please i need your advice on what to do. It is 10 months since i applied for settled status. I have called the resolution centre several times, my MP have contacted HO, the same reply the gave to me is what the have given to my MP about having valid Visa so don't need to worry about anything as paper application is complicated. I decided to escalate my case with a Manager who said the would get back me within 10 working days, months went but didn't hear anything from them. I called resolution centre again and another Manager made a formal complaint, he said the would get back to me in 10 working days, is been weeks after this formal complaint nobody got back to me, again i called to speak to another Manager who also sent a reminder to respond to the formal complaint, this has taken weeks. Please what should i do in this situation?

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

Post by snooky » Thu Jul 09, 2020 1:58 pm

Roar1 wrote:
Thu Jul 09, 2020 1:08 pm
Hello Snooky

Please i need your advice on what to do. It is 10 months since i applied for settled status. I have called the resolution centre several times, my MP have contacted HO, the same reply the gave to me is what the have given to my MP about having valid Visa so don't need to worry about anything as paper application is complicated. I decided to escalate my case with a Manager who said the would get back me within 10 working days, months went but didn't hear anything from them. I called resolution centre again and another Manager made a formal complaint, he said the would get back to me in 10 working days, is been weeks after this formal complaint nobody got back to me, again i called to speak to another Manager who also sent a reminder to respond to the formal complaint, this has taken weeks. Please what should i do in this situation?
Roar1

As far as I always bash the HO for their sloppy working ethics, in this current situation please let is all give them the credit and have patience.

The pandemic has actually add 4 months more onto their projected time and caused more backlogs with new cases dropping also everytime.

I remember HO said to me in one of my enquiries with them that Zambrano cases would be finished by 17 April 2020.

Men propose and God disposes.

Please wait this is all what I can say. I know it seriously frustrating but the whole government system is still partially short down and informations are hard to come by.

As you already have BRC, just chill because they ain't gonna refuse your application.

From last Friday UKVCAS and the Home Office have announced that and sent emails to people saying that henceforth, they are going to use old Biometric details on files and all what people will be doing to send a selfie passport picture to confirm their identity on file.

Only people without biometric before would be using their third party services. The time line starts with people who applied in April first week till date.

I believe the post office is going to follow suit soon as covid19 has forever change our way of life.

Wait wait and wait.

Don't forget to check my status online every day

Roar1
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Roar1 » Thu Jul 09, 2020 3:59 pm

Thank you Snooky. I will update you on any progress.

dimiku
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Albania

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

Post by dimiku » Fri Jul 10, 2020 10:49 am

Hi all
The H.O. has published their eu-settlement-scheme-statistics for Apr-June:
https://www.gov.uk/government/collectio ... statistics
There are quite a few refusals and a large backlog also.
Hopefully they are working to reduce the backlog and we will be getting some good decisions our way soon.

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

Post by snooky » Sun Jul 12, 2020 9:40 am

dimiku wrote:
Fri Jul 10, 2020 10:49 am
Hi all
The H.O. has published their eu-settlement-scheme-statistics for Apr-June:
https://www.gov.uk/government/collectio ... statistics
There are quite a few refusals and a large backlog also.
Hopefully they are working to reduce the backlog and we will be getting some good decisions our way soon.
Hi,

Dont believe the HO statistics as it has been published in the way for not seen public scrutiny because the HO have propaganda machine to portray it fit for purpose.

If you have done statistics, you will find out that the refusal rate is HIGHER than expected.

They know most people reading wouldn't understand. This like the chancellor reading the budget.

In reality 1 in 10 application or applicant is refused. Which is an increase and rise of 700% of the eu settlement scheme.

Very scary at this time and now getting closer to it's dead end in 31 December 2020.

Not a good news and a breach of trust of the Withdrawal Agreement.

As for Zambrano refusal is uncountable. HO refuses to release any information about Zambrano euss application even through FOI request

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

Post by bjoflondon » Sun Jul 12, 2020 9:49 am

Hi Snooky,
Got my decision back on Wednesday last week and have been refused after waiting for almost 1 year. I know you’ve talked about this several times please what do I do. My 2.5 visa expired in March and I just don’t know what to do. Basically I was refused because they said if I’d renewed the 2.5, that there will be no reason to refuse me on that route. Am thinking of doing the administrative review because I don’t have £4000 to do the Fm 2.5 renewal.
Please any help will be greatly appreciated

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

Post by bjoflondon » Sun Jul 12, 2020 9:52 am

Hi Snooky,
Could you please drop me and email: email address removed by moderator
Need your assistance pushing this forward please

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

Post by CR001 » Sun Jul 12, 2020 9:54 am

bjoflondon wrote:
Sun Jul 12, 2020 9:52 am
Hi Snooky,
Could you please drop me and email: email address removed by moderator
Need your assistance pushing this forward please
You are NOT permitted to post ANY form of personal contact information in the forum. Everyone here is a complete stranger. We have many scammers and spammers trawling the forums everyday.

Post in public so that all can benefit and offer advice.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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

Post by snooky » Sun Jul 12, 2020 9:59 am

bjoflondon wrote:
Sun Jul 12, 2020 9:52 am
Hi Snooky,
Could you please drop me and email: email address removed by moderator
Need your assistance pushing this forward please
I have already replied to you on the other side of the platform

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

Post by bjoflondon » Sun Jul 12, 2020 10:01 am

CR001 wrote:
Sun Jul 12, 2020 9:54 am
bjoflondon wrote:
Sun Jul 12, 2020 9:52 am
Hi Snooky,
Could you please drop me and email: email address removed by moderator
Need your assistance pushing this forward please
You are NOT permitted to post ANY form of personal contact information in the forum. Everyone here is a complete stranger. We have many scammers and spammers trawling the forums everyday.

Post in public so that all can benefit and offer advice.
Thank Snooky,
Just need help putting together wordings for the administrative review. Am gutted especially for the time wasted.

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

Post by snooky » Sun Jul 12, 2020 10:27 am

bjoflondon wrote:
Sun Jul 12, 2020 10:01 am
CR001 wrote:
Sun Jul 12, 2020 9:54 am
bjoflondon wrote:
Sun Jul 12, 2020 9:52 am
Hi Snooky,
Could you please drop me and email: email address removed by moderator
Need your assistance pushing this forward please
You are NOT permitted to post ANY form of personal contact information in the forum. Everyone here is a complete stranger. We have many scammers and spammers trawling the forums everyday.

Post in public so that all can benefit and offer advice.
Thank Snooky,
Just need help putting together wordings for the administrative review. Am gutted especially for the time wasted.

With the settlement scheme guidance becoming complicated every time since its inception, people have lost trust in the guidance.

The guidance talking about

1. EU members
2. Their family members
3. Derivative right and their family members
4. British citizen minor and their ascending family

So you dont need to have EEA card before you become EEA member or family member. Is all about circumstance.

For minor British citizen are protected by Article 20 of TFEU and derived ruling of C34/9 in 2011 European court ruling which is enshrined in regulation 16

There's already a sample of AR letter I have already posted on this platform. You have to look for it or ask the administrator to help you locate it, either than that, or will be a repeated stuff and the platform wouldn't move forward

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

Post by LULUBABY » Sun Jul 12, 2020 11:45 am

bjoflondon wrote:
Sun Jul 12, 2020 9:49 am
Hi Snooky,
Got my decision back on Wednesday last week and have been refused after waiting for almost 1 year. I know you’ve talked about this several times please what do I do. My 2.5 visa expired in March and I just don’t know what to do. Basically I was refused because they said if I’d renewed the 2.5, that there will be no reason to refuse me on that route. Am thinking of doing the administrative review because I don’t have £4000 to do the Fm 2.5 renewal.
Please any help will be greatly appreciated
Sorry to hear about your refusal. Did your ltr expire while your EU settlement scheme application was with the Home Office?.

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

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

Post by snooky » Sun Jul 12, 2020 12:15 pm

@bjoflondon

Administrative Review

Edit to your case

Dear Sir/Madam,

I have made an immigration application under the EU Settlement Scheme as someone with a Derivative Right of Residence - Zambrano . This application was logged in (date) and received by the Permanent Migration Team responsible for the warfare of EEA family members on (date)

My application was refused on (date). The exact reason of refusal is as follows;

"Insert reason of refusal "

I would like to appeal for the Administrative review because your reason to refuse was not in accordance with EEA regulations and the best interest of the child was not carefully considered

The following are my Reason

1. Article 20 of TFEU

to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016

16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)

Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3

4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55

of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

8.H/O failure to ask for further documentation as enshrined in the case worker's guidance

9. Article 7 of the charter

10. KA v Belgium (Case C-82/16) [2018] 3 CMLR 28

11. 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

12. The term ‘person subject to immigration control’ (PSIC) is defined in s.13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

As my refusal centres on Leave to REMAIN(2.5) under domestic immigration law, technically it has never be enshrined in EU law that one needs to be disqualified if he/she is a PSIC. I am not an exempt person under the regulation and Home Office guidance to that effect makes it ambiguous and at 《(page 42 of the old Patel vs SSHD, Irwin LJ considered SSHD's submission which emphasised that an appellant in Patel had never made application for Leave to REMAIN in the UK on family life grounds. The courts response was unequivocal). {If refusal is you haven't made a domestic immigration application}》

As my refusal was based on Leave to Remain under appendix fm, it contradicts sec 13(2) PSIC while in regulation 16(7) never incorporated that. It is at odd to immigration laws and ambiguous.


I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa

IST
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Uruguay

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

Post by IST » Sun Jul 12, 2020 12:40 pm

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

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

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

Post by snooky » Sun Jul 12, 2020 12:59 pm

IST wrote:
Sun Jul 12, 2020 12:40 pm
Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance
Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

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 » Sun Jul 12, 2020 1:12 pm

snooky wrote:
Sun Jul 12, 2020 12:59 pm
IST wrote:
Sun Jul 12, 2020 12:40 pm
Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance
Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.
Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction

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

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

Post by snooky » Sun Jul 12, 2020 1:18 pm

IST wrote:
Sun Jul 12, 2020 1:12 pm
snooky wrote:
Sun Jul 12, 2020 12:59 pm
IST wrote:
Sun Jul 12, 2020 12:40 pm
Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance
Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.
Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction
Home Office internal workings are not always published in full.

But I think the TERM sent back is within the process of grant and because reviewers cant finalise paperwork, it is always a good idea for them to give it back to case owners because they are the only people with access to your computerised data to make it work.

It is the same thing to the court procedures. After appeal is allowed, is sent back to caseworkers, then case owners and for them to mark it for post decision department for finalisation

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 » Sun Jul 12, 2020 1:28 pm

snooky wrote:
Sun Jul 12, 2020 1:18 pm
IST wrote:
Sun Jul 12, 2020 1:12 pm
snooky wrote:
Sun Jul 12, 2020 12:59 pm
IST wrote:
Sun Jul 12, 2020 12:40 pm
Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance
Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.
Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction
Home Office internal workings are not always published in full.

But I think the TERM sent back is within the process of grant and because reviewers cant finalise paperwork, it is always a good idea for them to give it back to case owners because they are the only people with access to your computerised data to make it work.

It is the same thing to the court procedures. After appeal is allowed, is sent back to caseworkers, then case owners and for them to mark it for post decision department for finalisation
Thank you Snooky

I will keep you updated once I hear from them,hopefully it won’t take to long time for HO to make a decision.

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