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I asked for the account to be closed. It wasn't closed for some reason. I think I should correct a point I made earlier. The are two scenarios:forney-again wrote: ↑Wed Jun 29, 2022 8:07 pmCourt of Appeal LORD JUSTICE UNDERHILL in Akinsaya
(Vice-President of the Court of Appeal (Civil Division))
Ruiz Zambrano v Office National de l'Emploi, case no. C34/09The Zambrano jurisprudence says what it says.
The Zambrano jurisprudence does say that the right arises when a carer has no other right to reside in the host country.
The Zambrano jurisprudence does NOT say
- the Zambrano right can not exist alongside rights granted at the national level
Lord Justice Underhill assumes the derivative right to reside automatically ends when a carer gets another status. He does not offer any references from the legislation to support his claim. He just cites other cases.
- the carer must exhaust all options prior to claiming Zambrano carer status
In other EU countries, Zambrano carers are allowed to enjoy both statuses concurrently. Therefore, there is nothing in the EU decision that stops a Zambrano carer from holding two statuses at the same time.
In the UK, some judges feel the two exist concurrently. Other judges say otherwise.
The idea that a Zambrano carer can only have one status at a given point in time is a constructed opinion. This question has remained open for at least ten years, with a majority of judges saying you can hold both statuses at the same time.
At least the Home Office tried to refer to the regulations. They tried to use Reg 16(7) to prove you can't have two statuses at the same time. Everyone rejects that argument, but at least they tried.
Lord Justice Underhill basically just says, "Can't you see? It's obvious you can't hold two statuses at the same time!" - without providing any conclusive evidence.
What a mess.
Underhill LJ says40. from the moment that she [Akinsaya] was granted leave to remain, albeit limited, the Claimant enjoyed no Zambrano right to reside.
Underhill LJ would say the parent in Scenario 1 is not a Zambrano carer. He would say the Zambrano right did not arise, because the parent already had the right to reside (under Appendix FM).55. Zambrano rights are for that reason exceptional. They are not typical Treaty rights, since they arise only indirectly and contingently in order to prevent a situation where EU citizen dependants are compelled to leave the EU. That being so, it makes sense to treat them as arising only in circumstances where the carer has no domestic (or other EU) right to reside (or to work, or to receive necessary social assistance).
57. I thus prefer Mr Blundell's submissions.
57. If [b]the Secretary of State's purpose in wanting to "understand the Zambrano jurisprudence" was indeed to restrict rights under the EUSS to people whose right to reside at the relevant dates directly depended on Zambrano[/b], then her approach was consistent with the EU case-law. But if her intention was to extend those rights to all those carers whose removal would result in an EU citizen dependant having to leave the UK, then the exclusion of carers who currently had leave to remain on some other basis would evidently be inconsistent with that purpose.
LULUBABY wrote: ↑Fri Jul 29, 2022 1:12 pmThis letter is your written notification of leave, which you may wish to keep for your personal records, but it is not proof of your status and cannot be used to prove your status to others.
Instead, you can view your status online, via the ‘view and prove your immigration status’ service: www.gov.uk/view-prove-immigration-status. This online service provides a secure record of your immigration status which is held digitally by the Home Office and which is available to you at all times.
If you remain in the UK, you will qualify for settled status as soon as you have been continuously resident in the UK for five years and meet the relevant conditions as set out here: www.gov.uk/settled-status-eu-citizens-families/what- youll-need-to-apply.
You can spend up to two years in a row outside the UK without losing your status (unless you are overseas on Crown Service or as a member of HM Forces, or you are the eligible family member accompanying such a person, in which case there is no limit on how long you can remain outside the UK without losing your status).
However, you will need to maintain your continuous residence in the UK if you want to qualify for settled status – you can find out more about continuous residence here: www.gov.uk/settled-status-eu-citizens-f ... t-settled- and-presettled-status-means.
Your pre-settled status does not expire until 29 July 2027 but you can apply for settled status as soon as you qualify for it.
What this means for you
You have permission to stay in the UK for five years from the date of this letter.
You can apply for settled status under the EU Settlement Scheme as soon as you are eligible for it. This is usually when you have completed five years’ continuous residence in the UK and could be sooner than the expiry of your pre-settled status depending on how long you have lived continuously in the UK.
Your absence from the UK for more than six months may affect your eligibility for settled status, so you should read the attached ‘important information’ carefully.
The deadline for applying for settled status is the date by which your pre- settled status expires.
The application process is the same as you have used for this application. You do not need to upload the same evidence again, just any new evidence that shows you are now eligible for settled status.
Applications for settled status are free.
More information on the qualifying criteria for the EU Settlement Scheme can be found at: www.gov.uk/eusettlementscheme.
Congratulations girlfriend, you are FREE at lastLULUBABY wrote: ↑Fri Jul 29, 2022 2:00 pmReasons why you have been granted pre-settled status and not settled status
In order to qualify for settled status, you are generally required to have completed five years’ continuous residence in the UK, although there are certain circumstances in which you may be eligible for this status before completing such a period of residence.
All the evidence available has been considered to determine whether you meet any of the conditions to qualify for settled status. However, based on the evidence available and for the reasons set out in this letter, you do not meet any of these conditions. You can find out more about the requirements for settled status here: www.gov.uk/settled-status-eu-citizens-f ... ligibility.
Careful consideration has been given as to whether you meet the eligibility requirements for settled status under the EU Settlement Scheme as a person with a Zambrano right to reside. The relevant requirements are set out in condition 3 of rule EU11 of Appendix EU to the Immigration Rules.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxxxxxxxx your son. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Consideration has been given as to whether you qualify for settled status on the basis of completing a continuous qualifying period of five years’ residence in the UK as a person with a derivative right to reside.
A five-year ‘continuous qualifying period’ means that for five years in a row you have been in the UK for at least six months in any 12-month period. An exception to that is one period of up to 12 months’ absence from the UK for an important reason (for example, due to COVID-19, pregnancy, childbirth, serious illness, study, vocational training or an overseas work posting), or an absence of any length:
on compulsory military service; or
on a posting on Crown service, including as a member of HM Forces; or as a spouse, civil partner, durable partner, or child, accompanying the
British citizen on Crown service, including as a member of HM Forces.
There is some further scope for permitted absence as a result of COVID-19, which is set out here: https://www.gov.uk/guidance/coronavirus-covid-19-eu- settlement-scheme-guidance-for-applicants.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen There are three key elements which must be met:
1.you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2.that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub-paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3.you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.
Your application has been varied because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between the birth of your son on Xxxxxxxxxxxx and the date of your application on 04 December 2019. However, you did not meet the definition throughout this period.
The reason for this is that, during the period set out above, and at the time of your application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our
records show that you were granted leave to enter or remain in the UK on January 2018 valid until July 2020, under Appendix FM to the Immigration Rules.
You have been granted pre-settled status under rule EU3 with reference to condition 1 of rule EU14 of Appendix EU to the Immigration Rules because it is accepted that you are a person with a Zambrano right to reside and you are not eligible for settled status under Appendix EU solely because you have completed a continuous qualifying period of less than five years.
If you disagree with our decision
You can apply for administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to apply for an administrative review, unless you are detained on that date you receive this decision in which case you have seven calendar days from that date to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: https://www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.
The administrative review application form is available online at: https://visas- immigration.service.gov.uk/product/administrative-review.
If the deadline for you to apply has not yet passed and you have additional information or evidence that shows you meet the requirements, you can make another application under the EU Settlement Scheme online at: https://apply- for-eu-settled-status.homeoffice.gov.uk.
The relevant deadline for an application to have been made was normally 30 June 2021 for those applying based on their UK residence before 23:00 GMT on 31 December 2020. To be eligible to make a further application, the deadline that applies to you must not have passed unless you have reasonable grounds for not making a further application by the relevant deadline. Please see https://www.gov.uk/settled-status-eu-citizens-families for guidance on the relevant deadline that applies to you.
Applications are free of charge.
God Is WONDERFUL 
"The Secretary of State erred in law when providing, in Annex 1 to Appendix EU to the Statement of Changes to the Immigration Rules HC 395 as amended, that the definition of a 'person with a Zambrano right to reside' includes paragraph (b) 'a person …. without leave to enter or remain in the UK, unless this was granted under this Appendix'."If you believe the EU Settlement Scheme decision, EUSS family permit and travel permit, frontier worker decision or healthcare visitor decision was not in accordance with the relevant legislation/immigration rules please say why.
Congratulations @LULUBABY. It's been a long hard battle . We thank God you have won now. All the best.Fustrated2019 wrote: ↑Fri Jul 29, 2022 12:50 pmDon’t leave us hanging, what have they said?
Congratulations in advance
Thank you so much.Fustrated2019 wrote: ↑Fri Jul 29, 2022 2:27 pmCongratulations girlfriend, you are FREE at lastLULUBABY wrote: ↑Fri Jul 29, 2022 2:00 pmReasons why you have been granted pre-settled status and not settled status
In order to qualify for settled status, you are generally required to have completed five years’ continuous residence in the UK, although there are certain circumstances in which you may be eligible for this status before completing such a period of residence.
All the evidence available has been considered to determine whether you meet any of the conditions to qualify for settled status. However, based on the evidence available and for the reasons set out in this letter, you do not meet any of these conditions. You can find out more about the requirements for settled status here: www.gov.uk/settled-status-eu-citizens-f ... ligibility.
Careful consideration has been given as to whether you meet the eligibility requirements for settled status under the EU Settlement Scheme as a person with a Zambrano right to reside. The relevant requirements are set out in condition 3 of rule EU11 of Appendix EU to the Immigration Rules.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely Xxxxxxxxxxxxx your son. This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child’s best interests have been a primary consideration.
Consideration has been given as to whether you qualify for settled status on the basis of completing a continuous qualifying period of five years’ residence in the UK as a person with a derivative right to reside.
A five-year ‘continuous qualifying period’ means that for five years in a row you have been in the UK for at least six months in any 12-month period. An exception to that is one period of up to 12 months’ absence from the UK for an important reason (for example, due to COVID-19, pregnancy, childbirth, serious illness, study, vocational training or an overseas work posting), or an absence of any length:
on compulsory military service; or
on a posting on Crown service, including as a member of HM Forces; or as a spouse, civil partner, durable partner, or child, accompanying the
British citizen on Crown service, including as a member of HM Forces.
There is some further scope for permitted absence as a result of COVID-19, which is set out here: https://www.gov.uk/guidance/coronavirus-covid-19-eu- settlement-scheme-guidance-for-applicants.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen There are three key elements which must be met:
1.you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2.that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub-paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3.you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.
Your application has been varied because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between the birth of your son on Xxxxxxxxxxxx and the date of your application on 04 December 2019. However, you did not meet the definition throughout this period.
The reason for this is that, during the period set out above, and at the time of your application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our
records show that you were granted leave to enter or remain in the UK on January 2018 valid until July 2020, under Appendix FM to the Immigration Rules.
You have been granted pre-settled status under rule EU3 with reference to condition 1 of rule EU14 of Appendix EU to the Immigration Rules because it is accepted that you are a person with a Zambrano right to reside and you are not eligible for settled status under Appendix EU solely because you have completed a continuous qualifying period of less than five years.
If you disagree with our decision
You can apply for administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to apply for an administrative review, unless you are detained on that date you receive this decision in which case you have seven calendar days from that date to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: https://www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.
The administrative review application form is available online at: https://visas- immigration.service.gov.uk/product/administrative-review.
If the deadline for you to apply has not yet passed and you have additional information or evidence that shows you meet the requirements, you can make another application under the EU Settlement Scheme online at: https://apply- for-eu-settled-status.homeoffice.gov.uk.
The relevant deadline for an application to have been made was normally 30 June 2021 for those applying based on their UK residence before 23:00 GMT on 31 December 2020. To be eligible to make a further application, the deadline that applies to you must not have passed unless you have reasonable grounds for not making a further application by the relevant deadline. Please see https://www.gov.uk/settled-status-eu-citizens-families for guidance on the relevant deadline that applies to you.
Applications are free of charge.
Thank you.Eburnie27 wrote: ↑Fri Jul 29, 2022 1:16 pmLULUBABY wrote: ↑Fri Jul 29, 2022 1:12 pmThis letter is your written notification of leave, which you may wish to keep for your personal records, but it is not proof of your status and cannot be used to prove your status to others.
Instead, you can view your status online, via the ‘view and prove your immigration status’ service: www.gov.uk/view-prove-immigration-status. This online service provides a secure record of your immigration status which is held digitally by the Home Office and which is available to you at all times.
If you remain in the UK, you will qualify for settled status as soon as you have been continuously resident in the UK for five years and meet the relevant conditions as set out here: www.gov.uk/settled-status-eu-citizens-families/what- youll-need-to-apply.
You can spend up to two years in a row outside the UK without losing your status (unless you are overseas on Crown Service or as a member of HM Forces, or you are the eligible family member accompanying such a person, in which case there is no limit on how long you can remain outside the UK without losing your status).
However, you will need to maintain your continuous residence in the UK if you want to qualify for settled status – you can find out more about continuous residence here: www.gov.uk/settled-status-eu-citizens-f ... t-settled- and-presettled-status-means.
Your pre-settled status does not expire until 29 July 2027 but you can apply for settled status as soon as you qualify for it.
What this means for you
You have permission to stay in the UK for five years from the date of this letter.
You can apply for settled status under the EU Settlement Scheme as soon as you are eligible for it. This is usually when you have completed five years’ continuous residence in the UK and could be sooner than the expiry of your pre-settled status depending on how long you have lived continuously in the UK.
Your absence from the UK for more than six months may affect your eligibility for settled status, so you should read the attached ‘important information’ carefully.
The deadline for applying for settled status is the date by which your pre- settled status expires.
The application process is the same as you have used for this application. You do not need to upload the same evidence again, just any new evidence that shows you are now eligible for settled status.
Applications for settled status are free.
More information on the qualifying criteria for the EU Settlement Scheme can be found at: www.gov.uk/eusettlementscheme.
Congratulations darling
I am so happy for you
God is amazing
Thank you so much Lagosbos. I am still reading and re reading the email.
Oh Netqueen. Thank you so much.netqueen wrote: ↑Fri Jul 29, 2022 3:15 pmCongratulations @LULUBABY. It's been a long hard battle . We thank God you have won now. All the best.Fustrated2019 wrote: ↑Fri Jul 29, 2022 12:50 pmDon’t leave us hanging, what have they said?
Congratulations in advance
Regards to your son.
Congratulations Lulubaby, well deserved, battle is over and you have won. I am so happy for you.LULUBABY wrote: ↑Fri Jul 29, 2022 1:10 pmThank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
work in the UK
use the NHS
study in the UK
access public funds such as benefits and pensions, if you are eligible for
them
travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.
Ohhhh IST where have you been?. Longest time. Thank you so much.IST wrote: ↑Fri Jul 29, 2022 3:51 pmCongratulations Lulubaby, well deserved, battle is over and you have won. I am so happy for you.LULUBABY wrote: ↑Fri Jul 29, 2022 1:10 pmThank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
work in the UK
use the NHS
study in the UK
access public funds such as benefits and pensions, if you are eligible for
them
travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.
