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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

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

Post by Wishfulgirl » Wed Aug 03, 2022 10:58 am

Lagosbos wrote:
Wed Aug 03, 2022 10:05 am
Wishfulgirl, was your eldest child British at birth? if so, when was your LTR issued?
Hi Lagobos, yes I believe so. My child’s father had indefinite leave to remain prior to his birth. He was put on the birth certificate at the point of registration. Home office claimes.

Your application has been refused 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 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.
The reason for this is that, at the specified date set out above and at the date of aplication, 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 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.
.

My question is if they are saying I “claim to have continuous qualifying period in the UK” As a zambrano carer “ during the course of these date 18.05.2014 - 11-08-2021 it is evident I qualified during the 5 years qualifying period. Surely it is evident between 18.05.2014- 18.05.2019 I qualified and I should be granted on that basis. Considering I held no limited leave to remain during that period. This honestly makes no sense to me and they are contradicting themselves. How can I explain this in legal terms in my appeal?

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

Post by forney-again » Wed Aug 03, 2022 11:21 am

Wishfulgirl wrote:
Wed Aug 03, 2022 9:31 am
forney-again wrote:
Tue Aug 02, 2022 7:29 pm
Wishfulgirl wrote:
Tue Aug 02, 2022 1:59 pm
Now, I have no experience with an appeal, I a have a draft copy of snooky appeal for my skeleton argument but I feel I need to add the case law which is more relevant to home office new guidance which I can use to argue my appeal within my skeleton argument. However I am struggling to do so with no knowledge of this sort of thing. My appeal needs to be made by tomorrow and I am at lost with what to do. Help anyone? Anything that’s relevant I can add to my skeleton argument that’s relevant to my case and home office decision?
Just a thought - You may want to explain in your appeal WHY you applied for Appendix FM.

If the only reason you switched to Appendix FM was because you didn't want to be without a valid immigration status, then the judge may see you as someone who would have qualified under the HO's new rules.

I hope the Court realises that the HO tricked people into applying for Appendix FM so that they could later deny them under the EU Settlement Scheme.
Thank you for your response. I will certainly looked to add this information & your points suggested above. Very appreciated. I wanted to clarify that it’s 2014 not 2013, My mistake. My eldest British child was born 2014. Regarding the EEA sponsor that died, I given advise however, all I have is his death certificate. Home requires information regarding his status prior to his death. Ie, if he was a worker. Self sufficient etc. However, he was retired. He was retired on my arrival to the UK Even prior to me even being issued the EEA family permit. All we have is his death certificate and a EEA family permit to show. We don’t know where to get records to show he was retired at the time of death. Even though, in 2011 we provided these evidence to home office. They very likely will likely need it again. Bank account etc are all closed since he passed in 2015.

As for being the carer of my British child . Home office seem to acknowledge this because they have chosen to refer to my eldest British child’s date of birth , I provide all 3 British children information. The other 2 being younger. However, they seem to think a grant of limited leave to remain cancels any Zambrano right prior to the limited leave being issued. Surely, this can’t be right. Because between May 2014 - May 2019 that is actually 5 years caring for my British child with no limited leave intervening during this course. Are as they call it ( None-Appendix EU leave ) Surely, this can be challenged.

When I contacted Hackney law centre they seem to think I should just renew my limited leave to remain and wait to see what happens with the Akinsaya case. However, how I see it, If home office is trying to use the fact that I had limited leave to remain to reject my application. Surely a renewal of the same limited leave to remain can be challenged as not being entitled to settlement. Home office could appeal & say why is grant to settlement be required if the appellant currently already holds valid leave. As appose to not having any leave, That’s just my analogy, I’m probably very likely Wrong , I don’t know much about these things, I’m not very familiar with it all. I believe I should make the appeal regardless. By the time it’s heard Akinsanya new case will probably be heard.
If the Home Office told you today not to renew your Appendix FM to get EUSS, you wouldn't. If the HO told you today it was fine, you probably would. This is the heart of the problem. Legitimate Zambrano carers are constantly making decisions in the dark.

We are back to the same situation as in winter 2020. Zambrano carers do not know what the "right" thing to do is. Whichever decision you make today, the Home Office could potentially hold against you tomorrow.

With 3 British children, it is a waste of everyone's time to deny you EUSS. I think the Court will rule in your favour. Make sure you get British passports for everyone when you win as soon as possible. The bigger question is, why is the HO so committed to pushing Zambrano carers through Appendix FM?

If you appeal with some arguments - even if it isn't the most amazing appeal - you at least keep your current status.

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

Post by forney-again » Wed Aug 03, 2022 11:41 am

The Home Office write in their refusal letter,
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
In their June 2022 update, they said they will no longer rely on the EEA Regulations. Yet, in their refusal letter they still refer to the EEA regs.

Even the Court of Appeal said that under the EEA regs, a Zambrano carer is still a Zambrano carer even if they then get leave to remain under Appendix FM.

The statement in the refusal letter is contradictory. With the above statement, the HO is trying to rewrite the EEA regulations to say Zambrano carers can not hold ltr under Appendix FM.

I hope the Court will tell the Home Office to choose between full EEA regs or nothing. The HO should either have to create a set of rules that does not refer to the EEA regs at all, or they have to accept what the EEA regs say. The HO should not be able to rely on the EEA regs, but then change them.

I do not believe the HO can rewrite the guidance for Zambrano carers without reference to the EEA regs, because Parliament wants EU settlement applications to be determined based on the EEA regs.

That means HO needs to rely on the EEA regs to represent Parliament. And the EEA regs clearly show that Zambrano carers can hold LTR under Appendix FM and still be considered Zambrano carers.

Kmt2014
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Kmt2014 » Wed Aug 03, 2022 12:25 pm

I dont understand. Someone here was given settlement..was on 10 year route..never had any euss route..had 2.5 ltr and was granted euss settlement. Should I just say this zambrano is luck. Cause its not making sense.

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

Post by forney-again » Wed Aug 03, 2022 12:58 pm

If you are filing an appeal, you may want to list the grounds on which you appeal.
  • Identify in separate, numbered paragraphs each ground of challenge;
  • Identify the relevant provision or principle of law said to have been breached; and
  • Provide sufficient detail of the alleged breach to enable the parties and the court to identify the essential issues alleged to arise
.

Just as an example,

The Home Office policy is unlawful because it is

1.Irrational - because it is an abuse of power. No one understands why two people with in the same situation can have totally different outcomes
2. Discriminatory - because they accept some Zambrano carers differently from other recognised Zambrano carers
3. Against the will of Parliament - the majority of MPs would not agree with HO guidance as it currently stands and is operated
4. In breach of their requirement to act compatibly with rights under the European Convention on Human Rights (ECHR)
5. An error of law - because it tries to amend the EEA regs

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

Post by forney-again » Wed Aug 03, 2022 1:02 pm

forney-again wrote:
Wed Aug 03, 2022 11:41 am
The Home Office write in their refusal letter,
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
Here is the quote from the June 2022 update

https://www.gov.uk/government/publicati ... ary-carers

Guidance
EU Settlement Scheme: Zambrano primary carers
Published 13 June 2022
The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had an EU law right to reside in the UK as a Zambrano primary carer, in line with the originally stated policy intention.
The HO can't say on 13 June 2022 they won't rely on the 2016 Regulations in their guidance and then in July 2022 refuse people while referring to the 2016 Regulations.

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

Post by KSplendide » Wed Aug 03, 2022 1:32 pm

Wishfulgirl wrote:
Thu Jul 21, 2022 1:11 pm
Hello Everyone I have received a declined from the Eu settlement scheme today.


Dear
Application Reference Date
21 July 2022
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
0300 123 7379 www.gov.uk/settled-status-eu-citizens-families
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
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 your children Xxxxxxx, Xxxxxx, Xxxxxx and Xxxxxxx . Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens- families/eligibility.
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 refused 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 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.

The reason for this is that, at the specified date set out above and at the date of 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 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.

It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre- settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix. We enclose the following documents that were submitted in support of your application:
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Other supporting documents
Next steps

You can apply for an 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.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: www.visas- immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
• a solicitor. More information is available at www.gov.uk/find-a-legal- adviser
• an immigration adviser. More information is available at www.gov.uk/find-an-immigration-adviser;
• Citizens Advice. More information is available at: www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
• the time limit for appealing after you receive your administrative review decision has passed; or
• if you appeal following the administrative review decision, until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status.
Calling from inside the UK: 0300 123 7379. Calling from outside the UK: +44 203 080 0010.
Further details on contacting us can be found on our website:

Can Anyonw tell me what to do next, I have no experience with these things. Here’s a breakdown of my immigration history, I came to the uk as family member of an EEA national in 2010. EU family member permit granted 2011 which expired 2016. However due to family breakdown this was never renewed, I applied for FLR in 2019 after being granted a fee waiver and was granted FLR until 04/ 2019. After finding out about the EU settlement scheme, and being the sole carer of my 4 British children, first one being born may 2014, I decided to make the EU Settlement application last august 2021.I Provided all the relevant information and was issued a COA. I did not renew my FLR FM due to my pending EU application. I was relying on my COA. With this decision now, I am unsure what to do? What is the next step to take. SNOOKY LAGOSBOSS, anyone have any suggestions. I look forward your response.
@ Wishfulgirl - You are right, the refusal letter is totally contradictory. Whilst I note that you have sought to address the refusal based on paragraph 1 relating to continous residence.

In case you are not aware - Even though the refusal letter states that they have not considered your eligibility for the remainder requirements of the EU scheme.
This is contradictory! They actually considered your application on the remainder requirements
which I have highlighted above in yellow.

Just a quick reminder - You need to address ALL grounds of refusal reasons as stated in your refusal letter

Good luck & Best wishes

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

Post by Wishfulgirl » Wed Aug 03, 2022 9:01 pm

forney-again wrote:
Wed Aug 03, 2022 12:58 pm
If you are filing an appeal, you may want to list the grounds on which you appeal.
  • Identify in separate, numbered paragraphs each ground of challenge;
  • Identify the relevant provision or principle of law said to have been breached; and
  • Provide sufficient detail of the alleged breach to enable the parties and the court to identify the essential issues alleged to arise
.

Just as an example,

The Home Office policy is unlawful because it is

1.Irrational - because it is an abuse of power. No one understands why two people with in the same situation can have totally different outcomes
2. Discriminatory - because they accept some Zambrano carers differently from other recognised Zambrano carers
3. Against the will of Parliament - the majority of MPs would not agree with HO guidance as it currently stands and is operated
4. In breach of their requirement to act compatibly with rights under the European Convention on Human Rights (ECHR)
5. An error of law - because it tries to amend the EEA regs
Thank you for the information. I have made the appeal online today & paid the fee. However, it says "You must now send your notice of decision and all documents within 7 days. I am not very familiar with these things. What is the notice of decision? Is this home office decision? In one paragraph it says not to send documents by email and in another it states to send supporting documents to lACsuppdocs@hmcts.gsi.gov.uk .Can you break down the procedure for me please, Also what is a cover sheet? Where does this needs to be sent to ? tomorrow is the deadline to make the appeal does it mean if I don't send these documents by tomorrow it'll be classed as a late appeal? Thanks

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

Post by forney-again » Thu Aug 04, 2022 12:29 am

Wishfulgirl wrote:
Wed Aug 03, 2022 9:01 pm
forney-again wrote:
Wed Aug 03, 2022 12:58 pm
If you are filing an appeal, you may want to list the grounds on which you appeal.
  • Identify in separate, numbered paragraphs each ground of challenge;
  • Identify the relevant provision or principle of law said to have been breached; and
  • Provide sufficient detail of the alleged breach to enable the parties and the court to identify the essential issues alleged to arise
.

Just as an example,

The Home Office policy is unlawful because it is

1.Irrational - because it is an abuse of power. No one understands why two people with in the same situation can have totally different outcomes
2. Discriminatory - because they accept some Zambrano carers differently from other recognised Zambrano carers
3. Against the will of Parliament - the majority of MPs would not agree with HO guidance as it currently stands and is operated
4. In breach of their requirement to act compatibly with rights under the European Convention on Human Rights (ECHR)
5. An error of law - because it tries to amend the EEA regs
Thank you for the information. I have made the appeal online today & paid the fee. However, it says "You must now send your notice of decision and all documents within 7 days. I am not very familiar with these things. What is the notice of decision? Is this home office decision? In one paragraph it says not to send documents by email and in another it states to send supporting documents to lACsuppdocs@hmcts.gsi.gov.uk .Can you break down the procedure for me please, Also what is a cover sheet? Where does this needs to be sent to ? tomorrow is the deadline to make the appeal does it mean if I don't send these documents by tomorrow it'll be classed as a late appeal? Thanks
You paid the fee, so you already filed your appeal. You made the deadline. Congrats.

Notice of decision = your refusal letter

You should have seen the cover sheet after you paid your fee. You were supposed to download it at the time. Did you save your reference number? Just email them and they can send you a copy of the cover sheet with your appeal reference number.


Detailed instructions are also here -
https://www.gov.uk/government/publicati ... um-chamber
What to do once you have completed the appeal form

Once you have completed the appeal form you should:

keep the front sheet of the appeal form for reference
make and keep copies of the appeal form, the refusal letter and all other documents you send with the form
send your appeal form together with the refusal letter and any other documents to the tribunal

If you cannot send the refusal letter with your appeal form, you should clearly state the reasons why in section 2I. Where you submit your appeal online, you need to send your refusal letter to the tribunal as soon as possible.

Please make sure that all documents sent to the tribunal are in English, or accompanied by a translation into English and signed by a translator to certify that the translation is accurate.

When the tribunal receives your appeal form and, where appropriate, payment for your appeal, you will receive written confirmation of any hearing.

Who to contact if you have questions after sending your form to the tribunal

If you have any queries after you have submitted your appeal you can contact the tribunal by:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
UK
LE1 6ZX

Telephone: +44 (0)300 123 1711

Email: Customer.Service@justice.gov.uk

Please have your appeal reference number available. If you do not have an appeal number yet, have your Home Office reference number available.

Please clearly state the subject of your enquiry and your appeal number.
(Z carers can appeal their refusal via an Admin Review. ZCs can appeal their refusal via the First Tier Tribunal. ZCs can also appeal to both the Home Office and the First Tier Tribunal at the same time.)

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

Post by forney-again » Thu Aug 04, 2022 12:56 am

Kmt2014 wrote:
Wed Aug 03, 2022 12:25 pm
I dont understand. Someone here was given settlement..was on 10 year route..never had any euss route..had 2.5 ltr and was granted euss settlement. Should I just say this zambrano is luck. Cause its not making sense.
There is no rhyme or reason to the decision-making process. Everyone who thinks they have a chance should try. Everyone who is refused, should really consider appealing, particularly if they can afford it.

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

Post by Lagosbos » Thu Aug 04, 2022 8:17 am

Wishfulgirl wrote:
Wed Aug 03, 2022 9:01 pm
forney-again wrote:
Wed Aug 03, 2022 12:58 pm
If you are filing an appeal, you may want to list the grounds on which you appeal.
  • Identify in separate, numbered paragraphs each ground of challenge;
  • Identify the relevant provision or principle of law said to have been breached; and
  • Provide sufficient detail of the alleged breach to enable the parties and the court to identify the essential issues alleged to arise
.

Just as an example,

The Home Office policy is unlawful because it is

1.Irrational - because it is an abuse of power. No one understands why two people with in the same situation can have totally different outcomes
2. Discriminatory - because they accept some Zambrano carers differently from other recognised Zambrano carers
3. Against the will of Parliament - the majority of MPs would not agree with HO guidance as it currently stands and is operated
4. In breach of their requirement to act compatibly with rights under the European Convention on Human Rights (ECHR)
5. An error of law - because it tries to amend the EEA regs
Thank you for the information. I have made the appeal online today & paid the fee. However, it says "You must now send your notice of decision and all documents within 7 days. I am not very familiar with these things. What is the notice of decision? Is this home office decision? In one paragraph it says not to send documents by email and in another it states to send supporting documents to lACsuppdocs@hmcts.gsi.gov.uk .Can you break down the procedure for me please, Also what is a cover sheet? Where does this needs to be sent to ? tomorrow is the deadline to make the appeal does it mean if I don't send these documents by tomorrow it'll be classed as a late appeal? Thanks
Don't worry about the 7 days that were stated, it's just standard procedure. Ordinarily, you will still be sent a notice of appeal that will advise you of your appeal number and that will be followed by a notice of direction. So you still have plenty of time to get your thoughts together. In all the documents you put together, you are expected to make them in 2 copies as you would need to serve HO a similar bundle, but that's not until you receive their bundle. They are not always very responsive, so after a while, if you don't hear from HO, I will draught you an email you can send to the court asking for a further direction to be issued.

Forney has given you good points to raise in a skeleton argument, and I wouldn't want to overload you. If you look back on this forum, I shared decisions on both my appeals, and you might find them useful.

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

Post by forney-again » Thu Aug 04, 2022 11:53 am

This is the message you get when you pay for your appeal.

@Lagosbos, it would be good if someone could list the pages that outline your arguments?
Appeal to the First–Tier Tribunal (Immigration and Asylum Chamber) against an In Country EEA decision

Your appeal(s) have been successfully submitted and paid for.

Please make a note of the payment information below and keep for your records.

You can expect to receive notification of receipt of your appeal in 10 days if you are appealing from within the UK or 28 days if you are appealing from overseas.

If you need to contact the Tribunal you can do so via e mail at Customer.Service@hmcts.gsi.gov.uk

VERY IMPORTANT

You must now send your Notice of Decision (and all other evidence which is available to you now) to the Tribunal within the next 7 days. Where you have noted in your appeal that you have documents which are not yet available, you should send these as soon as possible. Any delay in sending the Tribunal your evidence will delay the Tribunal processing and deciding your appeal. A failure to submit your notice of decision within 7 days may result in your appeal being rejected or decided without a hearing. It is important when sending in any of these documents that you quote the Submission URN given for your appeal (eg; 123400000001), so that they can be actioned by the Tribunal without delay.

Please create a cover sheet to send with your appeal documentation.


Attaching this sheet to the documents which you are sending to the tribunal will help the tribunal link these to your appeal. Please complete details of your Home Office/Post reference number, your name (as it appears on your refusal decision) and your date of birth. Please also note on the cover sheet details of any other appeals which you have submitted and which you would want linked to yours.

Important: Where you have submitted more than one appeal, please create a separate cover sheet for each appeal and send with the documents for that appeal.

Do not send your appeal and documents by e-mail and post as this could cause delays. If you post, rather than e-mail your documents to us, you need to clearly mark all documents with your Reference for correspondence, your name and date of birth, so that the Tribunal can match these documents to your appeal. [If your submission number is not available, you should use the Home Office/Post reference number on your Notice of Decision].

You should send all documents to:

IACsuppdocs@hmcts.gsi.gov.uk

If you are unable to e-mail the documents to us, post to:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

Further information regarding the appeal process can be found on www.gov.uk and on the guidance notes accompanying the appeal form.

Please click on the link below and take a few minutes to complete a short survey

Whyworry
Newbie
Posts: 47
Joined: Sun Aug 15, 2021 2:36 pm
Nigeria

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

Post by Whyworry » Thu Aug 04, 2022 12:23 pm

Whyworry wrote:
Wed Aug 03, 2022 10:39 am
Dear All,

i have received a decision regarding my application this morning ,unfortunately my application has been refused.

Please let me what you guys think i should as i will not give off easily.



EU Settlement Scheme
PO Box 2075
Liverpool

L69 3PG
Tel 0300 123 7379
Web www.gov.uk/settled-status-eu-citizens-families


Application Reference

Date 03 August 2022




Dear xxx

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.

Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.

The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused

We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.

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 xxxx, xxxx, xxxx. Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

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:

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

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

you must meet one of the following, either:

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

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

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 refused 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 23 November 2015 and 23 June 2021. However, you did not meet the definition throughout this period.

The reason for this is that, during the period set out above, 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 12 February 2021 valid until 01 September 2023, under Appendix FM of the Immigration Rules. Our records also show that you were granted leave to enter or remain in the UK on 14 April 2018 valid until 14 October 2020, under Appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre-settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your application:

Supporting documents
Next steps

You can apply for an 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.

Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.

The administrative review application form is available online at: www.visasimmigration.service.gov.uk/pro ... min-review.

You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.

Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.

You can get help and advice from:

a solicitor. More information is available at www.gov.uk/find-a-legaladviser
an immigration adviser. More information is available at www.gov.uk/findan-immigration-adviser;
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appel ... m-tribunal.

If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:

the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.


If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... led-status.

Calling from inside the UK: 0300 123 7379.

Calling from outside the UK: +44 203 080 0010.

Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi-inside-outside-uk/y.

Yours sincerely,



EU Settlement Scheme
On behalf of the Secretary of State

Data protection

The UK GDPR and the Data Protection Act 2018 governs how we use personal data.

For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/pers ... itizenship

This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.

Further information

For further information or if you have any queries, our contact details are on our website: eu-settled-status-enquiries.service.gov.uk/start.
Please I will really need assistance how to put in mine argument in other to submit my appeal based on the above refusal

I currently held LTR expiring next year September
I have been reading both previous and current post here since but I just don’t how to start.

Please kindly assist

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Thu Aug 04, 2022 12:24 pm

Underhill LJ considers two options: whether the Secretary of State wanted to implement either the bare minimum of the Zambrano regulations, or a more generous interpretation.

I don't think Underhill LJ would agree the Secretary of State can be less generous than the bare minimum.

But that is what the Home Office is doing. The Home Office want to implement less than what the Zambrano jurisprudence calls for.

The big question is whether the Court will let them get away with that, at this point.

Again, Underhill LJ represents the Home Office position in 2 possible options. The Home Office / Secretary of State is doing neither of the two options. The Home Office has instead created a third option.

Why the HO is not doing option 1
The Home Office is not approving Zambrano carers as Underhill suggests in option 1. As the Courts have said repeatedly, Zambrano carers do not lose their status if they get leave to remain under Appendix FM.

Why the HO is not doing option 2
The Home Office is also not approving applications from anyone whose removal would have resulted in the parent leaving the UK.

The Home Office has instead created Option 3.
Option 3 can be explained in two ways. Officially, they redefined a Zambrano carer to be a carer of a British child, who does not have leave to remain under Appendix FM. (Unofficially, option three is anything goes. Two people with the same background can have two different outcomes. That is why their policy is unlawful. It is irrational and discriminatory.)

To summarise, Underhill LJ did not say the Home Office can go rogue and create its own definition from scratch: Option 3, as it stands, does not implement the Zambrano decision, because the Zambrano decision relies on Reg 16. And Reg 16 allows for Z Carers to hold LTR under Appendix FM.

Quotes by Underhill LJ:

Paragraph 57
57. If 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, 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.
Paragraph 65
65. I am prepared to accept that in making the Amendment Regulations, and thus also the relevant parts of regulation 16, it is likely that the Secretary of State intended, in a broad sense, to do no more than implement the requirements of the Zambrano decision.

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Thu Aug 04, 2022 12:38 pm

Whyworry wrote:
Thu Aug 04, 2022 12:23 pm
Whyworry wrote:
Wed Aug 03, 2022 10:39 am
Dear All,

i have received a decision regarding my application this morning ,unfortunately my application has been refused.

Please let me what you guys think i should as i will not give off easily.



EU Settlement Scheme
PO Box 2075
Liverpool

L69 3PG
Tel 0300 123 7379
Web www.gov.uk/settled-status-eu-citizens-families


Application Reference

Date 03 August 2022




Dear xxx

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.

Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.

The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused

We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.

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 xxxx, xxxx, xxxx. Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

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:

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

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

you must meet one of the following, either:

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

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

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 refused 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 23 November 2015 and 23 June 2021. However, you did not meet the definition throughout this period.

The reason for this is that, during the period set out above, 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 12 February 2021 valid until 01 September 2023, under Appendix FM of the Immigration Rules. Our records also show that you were granted leave to enter or remain in the UK on 14 April 2018 valid until 14 October 2020, under Appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre-settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your application:

Supporting documents
Next steps

You can apply for an 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.

Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.

The administrative review application form is available online at: www.visasimmigration.service.gov.uk/pro ... min-review.

You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.

Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.

You can get help and advice from:

a solicitor. More information is available at www.gov.uk/find-a-legaladviser
an immigration adviser. More information is available at www.gov.uk/findan-immigration-adviser;
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appel ... m-tribunal.

If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:

the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.


If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... led-status.

Calling from inside the UK: 0300 123 7379.

Calling from outside the UK: +44 203 080 0010.

Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi-inside-outside-uk/y.

Yours sincerely,



EU Settlement Scheme
On behalf of the Secretary of State

Data protection

The UK GDPR and the Data Protection Act 2018 governs how we use personal data.

For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/pers ... itizenship

This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.

Further information

For further information or if you have any queries, our contact details are on our website: eu-settled-status-enquiries.service.gov.uk/start.
Please I will really need assistance how to put in mine argument in other to submit my appeal based on the above refusal

I currently held LTR expiring next year September
I have been reading both previous and current post here since but I just don’t how to start.

Please kindly assist
1.) Do you have money to pay for an Admin Review and an appeal to the First Tier Tribunal? Each appeal costs 80 gbp
2.) If you can pay the 160, do both.
3.) Understand in your head why you are right and they are wrong, on a basic level.

ADMIN REVIEW
Just go to the link and create a claim. You will only have room to put about 10 or so sentences. Pay the 80gbp.

FIRST TIER TRIBUNAL
Go to the link and create a claim. Decide if you want a hearing in person or on the papers. The cost might be more if you choose in person. You will only have room to put about 10 or so sentences. Pay the 80 gbp. After you pay, make sure you download the cover letter. Add your name and date of birth to the cover letter. Send an email to IAMCTS. In the email, send a scanned copy of your refusal letter and the cover letter.

There are a least THREE POINTS

1.) The Home Office have argued a Zambrano carer can not hold leave to remain under Appendix FM. The EEA Regulations do not define Zambrano carers in those terms. The courts have ruled repeatedly a Zambrano carer's status is not extinguished if they obtain leave to remain under Appendix FM.

2.) In June 2022, the Secretary of State declared she would no longer rely on the EEA Regulations. In July 2022, the Secretary of State refused EU Settlement applications by Zambrano carers while referring to the EEA Regulations. This reliance is irrational. It is clear the Secretary of State intends to rely on the EEA Regulations.

3.) In their arguments before the Court, the Secretary of State argued for the bare minimum. The Secretary of State did not argue for a lower standard than what is required by the EEA Regulations. Per Underhill LJ, at paragraph 65, "I am prepared to accept that in making the Amendment Regulations, and thus also the relevant parts of regulation 16, it is likely that the Secretary of State intended, in a broad sense, to do no more than implement the requirements of the Zambrano decision."

In conclusion, the Secretary of State must implement the requirements of the Zambrano decision. The decision relies on the EEA Regulations. The EEA Regulations allow for Zambrano carers to retain their status even if they acquire leave to remain under Appendix FM.

Whyworry
Newbie
Posts: 47
Joined: Sun Aug 15, 2021 2:36 pm
Nigeria

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

Post by Whyworry » Thu Aug 04, 2022 12:51 pm

forney-again wrote:
Thu Aug 04, 2022 12:38 pm
Whyworry wrote:
Thu Aug 04, 2022 12:23 pm
Whyworry wrote:
Wed Aug 03, 2022 10:39 am
Dear All,

i have received a decision regarding my application this morning ,unfortunately my application has been refused.

Please let me what you guys think i should as i will not give off easily.



EU Settlement Scheme
PO Box 2075
Liverpool

L69 3PG
Tel 0300 123 7379
Web www.gov.uk/settled-status-eu-citizens-families


Application Reference

Date 03 August 2022




Dear xxx

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.

Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.

The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused

We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.

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 xxxx, xxxx, xxxx. Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

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:

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

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

you must meet one of the following, either:

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

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

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 refused 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 23 November 2015 and 23 June 2021. However, you did not meet the definition throughout this period.

The reason for this is that, during the period set out above, 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 12 February 2021 valid until 01 September 2023, under Appendix FM of the Immigration Rules. Our records also show that you were granted leave to enter or remain in the UK on 14 April 2018 valid until 14 October 2020, under Appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre-settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your application:

Supporting documents
Next steps

You can apply for an 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.

Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.

The administrative review application form is available online at: www.visasimmigration.service.gov.uk/pro ... min-review.

You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.

Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.

You can get help and advice from:

a solicitor. More information is available at www.gov.uk/find-a-legaladviser
an immigration adviser. More information is available at www.gov.uk/findan-immigration-adviser;
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appel ... m-tribunal.

If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:

the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.


If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... led-status.

Calling from inside the UK: 0300 123 7379.

Calling from outside the UK: +44 203 080 0010.

Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi-inside-outside-uk/y.

Yours sincerely,



EU Settlement Scheme
On behalf of the Secretary of State

Data protection

The UK GDPR and the Data Protection Act 2018 governs how we use personal data.

For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/pers ... itizenship

This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.

Further information

For further information or if you have any queries, our contact details are on our website: eu-settled-status-enquiries.service.gov.uk/start.
Please I will really need assistance how to put in mine argument in other to submit my appeal based on the above refusal

I currently held LTR expiring next year September
I have been reading both previous and current post here since but I just don’t how to start.

Please kindly assist
1.) Do you have money to pay for an Admin Review and an appeal to the First Tier Tribunal? Each appeal costs 80 gbp
2.) If you can pay the 160, do both.
3.) Understand in your head why you are right and they are wrong, on a basic level.

ADMIN REVIEW
Just go to the link and create a claim. You will only have room to put about 10 or so sentences. Pay the 80gbp.

FIRST TIER TRIBUNAL
Go to the link and create a claim. Decide if you want a hearing in person or on the papers. The cost might be more if you choose in person. You will only have room to put about 10 or so sentences. Pay the 80 gbp. After you pay, make sure you download the cover letter. Add your name and date of birth to the cover letter. Send an email to IAMCTS. In the email, send a scanned copy of your refusal letter and the cover letter.

There are a least THREE POINTS

1.) The Home Office have argued a Zambrano carer can not hold leave to remain under Appendix FM. The EEA Regulations do not define Zambrano carers in those terms. The courts have ruled repeatedly a Zambrano carer's status is not extinguished if they obtain leave to remain under Appendix FM.

2.) In June 2022, the Secretary of State declared she would no longer rely on the EEA Regulations. In July 2022, the Secretary of State refused EU Settlement applications by Zambrano carers while referring to the EEA Regulations. This reliance is irrational. It is clear the Secretary of State intends to rely on the EEA Regulations.

3.) In their arguments before the Court, the Secretary of State argued for the bare minimum. The Secretary of State did not argue for a lower standard than what is required by the EEA Regulations. Per Underhill LJ, at paragraph 65, "I am prepared to accept that in making the Amendment Regulations, and thus also the relevant parts of regulation 16, it is likely that the Secretary of State intended, in a broad sense, to do no more than implement the requirements of the Zambrano decision."

In conclusion, the Secretary of State must implement the requirements of the Zambrano decision. The decision relies on the EEA Regulations. The EEA Regulations allow for Zambrano carers to retain their status even if they acquire leave to remain under Appendix FM.

@ Forney-again thank you so much for quick response. Please did you think it advisable for me to submit AR first and wait for the outcome before put in my appeal ?because strategically I want to use it to buy time .

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Thu Aug 04, 2022 12:57 pm

Whyworry wrote:
Thu Aug 04, 2022 12:51 pm
forney-again wrote:
Thu Aug 04, 2022 12:38 pm
Whyworry wrote:
Thu Aug 04, 2022 12:23 pm
Whyworry wrote:
Wed Aug 03, 2022 10:39 am
Dear All,

i have received a decision regarding my application this morning ,unfortunately my application has been refused.

Please let me what you guys think i should as i will not give off easily.



EU Settlement Scheme
PO Box 2075
Liverpool

L69 3PG
Tel 0300 123 7379
Web www.gov.uk/settled-status-eu-citizens-families


Application Reference

Date 03 August 2022




Dear xxx

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.

Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.

The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused

We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.

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 xxxx, xxxx, xxxx. Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

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:

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

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

you must meet one of the following, either:

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

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

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 refused 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 23 November 2015 and 23 June 2021. However, you did not meet the definition throughout this period.

The reason for this is that, during the period set out above, 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 12 February 2021 valid until 01 September 2023, under Appendix FM of the Immigration Rules. Our records also show that you were granted leave to enter or remain in the UK on 14 April 2018 valid until 14 October 2020, under Appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre-settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your application:

Supporting documents
Next steps

You can apply for an 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.

Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.

The administrative review application form is available online at: www.visasimmigration.service.gov.uk/pro ... min-review.

You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.

Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.

You can get help and advice from:

a solicitor. More information is available at www.gov.uk/find-a-legaladviser
an immigration adviser. More information is available at www.gov.uk/findan-immigration-adviser;
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appel ... m-tribunal.

If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:

the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.


If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... led-status.

Calling from inside the UK: 0300 123 7379.

Calling from outside the UK: +44 203 080 0010.

Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi-inside-outside-uk/y.

Yours sincerely,



EU Settlement Scheme
On behalf of the Secretary of State

Data protection

The UK GDPR and the Data Protection Act 2018 governs how we use personal data.

For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/pers ... itizenship

This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.

Further information

For further information or if you have any queries, our contact details are on our website: eu-settled-status-enquiries.service.gov.uk/start.
Please I will really need assistance how to put in mine argument in other to submit my appeal based on the above refusal

I currently held LTR expiring next year September
I have been reading both previous and current post here since but I just don’t how to start.

Please kindly assist
1.) Do you have money to pay for an Admin Review and an appeal to the First Tier Tribunal? Each appeal costs 80 gbp
2.) If you can pay the 160, do both.
3.) Understand in your head why you are right and they are wrong, on a basic level.

ADMIN REVIEW
Just go to the link and create a claim. You will only have room to put about 10 or so sentences. Pay the 80gbp.

FIRST TIER TRIBUNAL
Go to the link and create a claim. Decide if you want a hearing in person or on the papers. The cost might be more if you choose in person. You will only have room to put about 10 or so sentences. Pay the 80 gbp. After you pay, make sure you download the cover letter. Add your name and date of birth to the cover letter. Send an email to IAMCTS. In the email, send a scanned copy of your refusal letter and the cover letter.

There are a least THREE POINTS

1.) The Home Office have argued a Zambrano carer can not hold leave to remain under Appendix FM. The EEA Regulations do not define Zambrano carers in those terms. The courts have ruled repeatedly a Zambrano carer's status is not extinguished if they obtain leave to remain under Appendix FM.

2.) In June 2022, the Secretary of State declared she would no longer rely on the EEA Regulations. In July 2022, the Secretary of State refused EU Settlement applications by Zambrano carers while referring to the EEA Regulations. This reliance is irrational. It is clear the Secretary of State intends to rely on the EEA Regulations.

3.) In their arguments before the Court, the Secretary of State argued for the bare minimum. The Secretary of State did not argue for a lower standard than what is required by the EEA Regulations. Per Underhill LJ, at paragraph 65, "I am prepared to accept that in making the Amendment Regulations, and thus also the relevant parts of regulation 16, it is likely that the Secretary of State intended, in a broad sense, to do no more than implement the requirements of the Zambrano decision."

In conclusion, the Secretary of State must implement the requirements of the Zambrano decision. The decision relies on the EEA Regulations. The EEA Regulations allow for Zambrano carers to retain their status even if they acquire leave to remain under Appendix FM.

@ Forney-again thank you so much for quick response. Please did you think it advisable for me to submit AR first and wait for the outcome before put in my appeal ?because strategically I want to use it to buy time .
You are normally supposed to appeal to the First Tier Tribunal within 14 days after you receive your refusal. Admin Reviews are taking months. It is the Home Office that is playing for time.

I don't think you should worry about buying time. Akinsaya is already underway. Akinsaya may even be finished before your hearing is scheduled.

The First Tier Tribunal may put these recent refusals on hold until Akinsaya is decided, anyway. In either case, I would be surprised if you had a hearing soon. Anyway, you can always ask for an oral hearing. The wait times for oral hearings are even longer.

Whyworry
Newbie
Posts: 47
Joined: Sun Aug 15, 2021 2:36 pm
Nigeria

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

Post by Whyworry » Thu Aug 04, 2022 1:36 pm

Dear All,

i have received a decision regarding my application this morning ,unfortunately my application has been refused.

Please let me what you guys think i should as i will not give off easily.



EU Settlement Scheme
PO Box 2075
Liverpool

L69 3PG
Tel 0300 123 7379
Web www.gov.uk/settled-status-eu-citizens-families


Application Reference

Date 03 August 2022




Dear xxx

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.

Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.

The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused

We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.

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 xxxx, xxxx, xxxx. Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.

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:

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

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

you must meet one of the following, either:

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

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

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 refused 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 23 November 2015 and 23 June 2021. However, you did not meet the definition throughout this period.

The reason for this is that, during the period set out above, 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 12 February 2021 valid until 01 September 2023, under Appendix FM of the Immigration Rules. Our records also show that you were granted leave to enter or remain in the UK on 14 April 2018 valid until 14 October 2020, under Appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre-settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your application:

Supporting documents
Next steps

You can apply for an 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.

Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.

The administrative review application form is available online at: www.visasimmigration.service.gov.uk/pro ... min-review.

You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.

Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.

You can get help and advice from:

a solicitor. More information is available at www.gov.uk/find-a-legaladviser
an immigration adviser. More information is available at www.gov.uk/findan-immigration-adviser;
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appel ... m-tribunal.

If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:

the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.


If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... led-status.

Calling from inside the UK: 0300 123 7379.

Calling from outside the UK: +44 203 080 0010.

Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi-inside-outside-uk/y.

Yours sincerely,



EU Settlement Scheme
On behalf of the Secretary of State

Data protection

The UK GDPR and the Data Protection Act 2018 governs how we use personal data.

For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/pers ... itizenship

This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.

Further information

For further information or if you have any queries, our contact details are on our website: eu-settled-status-enquiries.service.gov.uk/start.
[/quote]

Please I will really need assistance how to put in mine argument in other to submit my appeal based on the above refusal

I currently held LTR expiring next year September
I have been reading both previous and current post here since but I just don’t how to start.

Please kindly assist
[/quote]

1.) Do you have money to pay for an Admin Review and an appeal to the First Tier Tribunal? Each appeal costs 80 gbp
2.) If you can pay the 160, do both.
3.) Understand in your head why you are right and they are wrong, on a basic level.

ADMIN REVIEW
Just go to the link and create a claim. You will only have room to put about 10 or so sentences. Pay the 80gbp.

FIRST TIER TRIBUNAL
Go to the link and create a claim. Decide if you want a hearing in person or on the papers. The cost might be more if you choose in person. You will only have room to put about 10 or so sentences. Pay the 80 gbp. After you pay, make sure you download the cover letter. Add your name and date of birth to the cover letter. Send an email to IAMCTS. In the email, send a scanned copy of your refusal letter and the cover letter.

There are a least THREE POINTS

1.) The Home Office have argued a Zambrano carer can not hold leave to remain under Appendix FM. The EEA Regulations do not define Zambrano carers in those terms. The courts have ruled repeatedly a Zambrano carer's status is not extinguished if they obtain leave to remain under Appendix FM.

2.) In June 2022, the Secretary of State declared she would no longer rely on the EEA Regulations. In July 2022, the Secretary of State refused EU Settlement applications by Zambrano carers while referring to the EEA Regulations. This reliance is irrational. It is clear the Secretary of State intends to rely on the EEA Regulations.

3.) In their arguments before the Court, the Secretary of State argued for the bare minimum. The Secretary of State did not argue for a lower standard than what is required by the EEA Regulations. Per Underhill LJ, at paragraph 65, "I am prepared to accept that in making the Amendment Regulations, and thus also the relevant parts of regulation 16, it is likely that the Secretary of State intended, in a broad sense, to do no more than implement the requirements of the Zambrano decision."

In conclusion, the Secretary of State must implement the requirements of the Zambrano decision. The decision relies on the EEA Regulations. The EEA Regulations allow for Zambrano carers to retain their status even if they acquire leave to remain under Appendix FM.
[/quote]


@ Forney-again thank you so much for quick response. Please did you think it advisable for me to submit AR first and wait for the outcome before put in my appeal ?because strategically I want to use it to buy time .
[/quote]

You are normally supposed to appeal to the First Tier Tribunal within 14 days after you receive your refusal. Admin Reviews are taking months. It is the Home Office that is playing for time.

I don't think you should worry about buying time. Akinsaya is already underway. Akinsaya may even be finished before your hearing is scheduled.

The First Tier Tribunal may put these recent refusals on hold until Akinsaya is decided, anyway. In either case, I would be surprised if you had a hearing soon. Anyway, you can always ask for an oral hearing. The wait times for oral hearings are even longer.
[/quote]

Thank you once again and I really appreciate your time.

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Thu Aug 04, 2022 4:53 pm

Whyworry wrote:
Thu Aug 04, 2022 1:36 pm
Thank you once again and I really appreciate your time.
Best of luck! I am sure everything will work out in your favour. It is so good for the Courts to see Zambrano carers do not give up and are willing to fight for their rights.

Jay444
Newly Registered
Posts: 10
Joined: Wed Aug 04, 2021 9:09 pm

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

Post by Jay444 » Thu Aug 04, 2022 10:33 pm

Hi
My sob 3 year's old zambrano application outcome came back today invalid application.
I was main application and my husband and baby was my dependent in application.
Both of our outcome pending no COA yet and baby's application invalid due to not having a identification document.
He was born in 2019 he has a birth certificate and red book and home office requested stateless document from India authorities which has been provided too.
As he is stateless.

Any advice what further action can take?
Thank you

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Thu Aug 04, 2022 11:04 pm

Jay444 wrote:
Thu Aug 04, 2022 10:33 pm
Hi
My sob 3 year's old zambrano application outcome came back today invalid application.
I was main application and my husband and baby was my dependent in application.
Both of our outcome pending no COA yet and baby's application invalid due to not having a identification document.
He was born in 2019 he has a birth certificate and red book and home office requested stateless document from India authorities which has been provided too.
As he is stateless.

Any advice what further action can take?
Thank you
Parents should provide evidence that they have attempted to obtain the information.

This may include a copy of request made to the embassy by email or post, appointment confirmation at high commission, copy of response from authorities etc.

In order to be eligible to register as a British Citizen, the stateless child must satisfy the following requirements.
  • Born in the UK
  • Have always been & remain stateless
  • Under the age of 22 on the date of the application
  • Have lived in the UK for the five years prior to the making of the application

Win49
Newly Registered
Posts: 23
Joined: Thu Jul 09, 2020 6:34 pm

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

Post by Win49 » Fri Aug 05, 2022 10:52 am

Dear All,

Just received my refusal email.

Please advice what to do next thanks.

Thank you for your application under the EU Settlement Scheme as a ‘person
with a Zambrano right to reside’.
Your application has been carefully considered but from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
The remainder of this letter details the reasons your application has been
refused, what you can do next and the help available from us.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also
known as indefinite leave to enter or remain) or pre-settled status (also known
as limited leave to enter or remain) under the EU Settlement Scheme.
Unfortunately, based on the information and evidence provided or otherwise
available, and for the reasons set out in this letter, you do not meet the
requirements.
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. Although this duty cannot on its own
satisfy the eligibility requirements of the EU Settlement Scheme for a person
with a Zambrano right to reside, the children’s best interests have been a
primary consideration in assessing your application.
To qualify under the scheme you need to meet the requirements that are set out
in Appendix EU to the Immigration Rules. You can find out more about the
requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
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 refused because you do not satisfy paragraphs 1 and
3, 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’, since
March 2007. However, you did not meet the definition throughout this period,
as required in paragraph 1, above.
The reason for this is that, during the period set out above, 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
remain in the UK on October 2020, valid until April 2023 and on
October 2017 valid until April 2020, and on August 2014 valid until
February 2017, under Appendix FM to the Immigration Rules.
Your application has also been refused because you do not satisfy paragraph 3,
above. Your application form states that you met condition 3 in rule EU11 of
Appendix EU because, as per sub-paragraph (b) of condition 3, you completed
a continuous qualifying period of (more than) five years as a ‘person with a
Zambrano right to reside’, from when your daughter became a British citizen by
birth until August 2014 and, as per sub-paragraph (c) of condition 3, there
has since been no ‘supervening event’ (as defined in Annex 1 to Appendix EU).
Your application questionnaire dated 25 June 2021 also states that you met
sub-paragraph (a) of condition 3 in rule EU11 because, at the date of your
application, you were a ‘person with a Zambrano right to reside’. However, you
did not meet that definition at the date of your application.
The definition of a ‘person with a Zambrano right to reside’ in Annex 1 to
Appendix EU requires that, by the specified date (in your case 11pm on 31
December 2020):
(i) they are (and for the relevant period have been), or
(ii) for the relevant period in which they rely on having been a ‘person with a
Zambrano right to reside’ (before they then became a ‘person who had a
derivative or Zambrano right to reside’) they were:
(a) resident for a continuous qualifying period in the UK with a derivative
right to reside by satisfying the relevant requirements of regulation 16 of
the EEA Regulations; and
(b) without leave to enter or remain in the UK, unless this was granted
under Appendix EU.
This means that, at the specified date, either the person’s continuous qualifying
period in the UK as a ‘person with a Zambrano right to reside’ is continuing or
that period is in the past and they rely on being a ‘person who had a derivative
or Zambrano right to reside’.
Your continuous qualifying period in the UK as a ‘person with a Zambrano right
to reside’ was not continuing at the specified date or at the date of your
application to the EU Settlement Scheme, as you held leave to remain under
Appendix FM at those dates. You therefore do not meet the requirements of (a)
or (b) in paragraph 3, above.
At the date of your application you were not a ‘person who had a derivative or
Zambrano right to reside’ (as defined in Annex 1 to Appendix EU), as you were
not a ‘person with a Zambrano right to reside’ immediately before meeting
another qualifying category under sub-paragraph (a) of condition 3 in rule EU11
and remaining in that or another such category through to the date of
application. You therefore do not meet the requirements of (c) in paragraph 3,
above.
It is considered that the information available does not show that you meet the
eligibility requirements for settled status set out in rule EU11 or for pre-settled
status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for
the reasons explained above.
We have also considered whether you meet any of the other eligibility
requirements under Appendix EU, set out in rule EU11, EU12 and EU14.
However, from the information and evidence provided, or otherwise available,
you do not meet any of the other eligibility requirements and your application
has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your
application:
• GBR Birth Certificates
• GBR Death Certificate
• Supporting documents
Next steps
You can apply for an 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.
Information on how to apply for an administrative review, the process and the
fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.
The administrative review application form is available online at: www.visas

Whyworry
Newbie
Posts: 47
Joined: Sun Aug 15, 2021 2:36 pm
Nigeria

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

Post by Whyworry » Fri Aug 05, 2022 11:40 am

My question is how is the Court going to be dealing with this pool of refusal through an Appeal?

This is pathetic .

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Fri Aug 05, 2022 1:31 pm

Whyworry wrote:
Fri Aug 05, 2022 11:40 am
My question is how is the Court going to be dealing with this pool of refusal through an Appeal?

This is pathetic .
In my opinion, they will put them all together and wait to see what happens with Akinsaya.

That is why it is important to send your refusal letter to them so they know you are part of the Akinsaya situation.

Also, send them copies of the Mostyn J and Court of Appeal rulings.

When a new ruling comes out, make sure you send it to the First Tier Tribunal. You want to give your judge enough time to read through all of the Akinsaya rulings.

forney-again
BANNED
Posts: 62
Joined: Tue Jun 28, 2022 4:26 pm
Bangladesh

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

Post by forney-again » Fri Aug 05, 2022 1:34 pm

Win49 wrote:
Fri Aug 05, 2022 10:52 am
Dear All,

Just received my refusal email.

Please advice what to do next thanks.

Thank you for your application under the EU Settlement Scheme as a ‘person
with a Zambrano right to reside’.
Your application has been carefully considered but from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
If you can afford it, appeal to both the Admin Review and the First Tier Tribunal. Each costs about 80gbp or so.

If you go for the First Tier Tribunal, make sure you send a copy of your refusal decision to the First Tier Tribunal as soon as possible. The Court will want to know how many families are being affected. Also, make sure you download a copy of your cover letter. It will show up in the step right after you pay for your appeal.

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