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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

forney-again
Newbie
Posts: 46
Joined: Tue Jun 28, 2022 4:26 pm
Mood:
Bangladesh

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

Post by forney-again » Fri Aug 05, 2022 1:42 pm

forney-again wrote:
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.
Also, try to explain why you got leave to remain under Appendix FM. Many people went for Appendix FM because the Home Office told them to.

Other Zambrano carers applied under Appendix FM because they did not want to be without a status, and the Home Office did not offer any guidance.

Win49
Newly Registered
Posts: 21
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 6:04 pm

forney-again wrote:
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.
Thank you for the advice and for your reply. Will get the ball rolling.

forney-again
Newbie
Posts: 46
Joined: Tue Jun 28, 2022 4:26 pm
Mood:
Bangladesh

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

Post by forney-again » Sat Aug 06, 2022 12:47 pm

Win49 wrote:
Fri Aug 05, 2022 6:04 pm
forney-again wrote:
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.
Thank you for the advice and for your reply. Will get the ball rolling.
You are welcome!

One possible approach for your argument

1. Explain your Background

For example, Ms X is a Nigerian national. She came to this country in 2006. She has four children, of whom she is the sole carer. The eldest, Abraham, who was born on 26 October 2011, is a British citizen. On 15 September 2014 she was granted a "derivative residence card" under the Immigration (European Economic Area) Regulations 2006, as amended, on the basis that she was Abraham's "Zambrano carer" (a term which I explain below). On 4 April 2019 she applied for limited leave to remain under Appendix FM to the Immigration Rules, on the basis that she was the sole responsible parent of a British citizen child living in the UK. On 12 July 2019 the application was granted, for a thirty-month period expiring on 11 January 2022.

2. Summarise why you applied for Appendix FM

For example, Ms X applied for Appendix FM because she was told to be the Home Office in a letter dated..Or, Ms X applied for Appendix FM because she was unsure of her status.


3. Summarise why the Home Office rejected you

For example, "The Home Office refused my application for settlement because, [Insert statements from your refusal letter]"

4. Summarise why the Home Office is wrong

For example, "The Home Office is wrong because, they made a committment to implement the requirements of the Zambrano decision. Moreover, the language of regulation 16 (7) (c) (iv) is simply too clear to allow it to be construed as covering persons with limited leave to remain. Accordingly, applicants with limited leave to remain under Appendix FM can also be Zambrano carers."

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