ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Hi Knikks,
Hi Knikks,apollo_alpha wrote: ↑Fri Mar 13, 2020 9:02 pm[quote=Knikks post_id=<a href="tel:1888158">1888158</a> time=<a href="tel:1584131202">1584131202</a> user_id=230994]
Hello everyone
I have also been refused after 9months of long wait, and it’s on the same basis of holding a leave presently which is against the criteria for Zambrano application...it’s so saddening Buh life goes on, best of luck to everyone
@ Tinumo
NopeKnikks wrote: ↑Fri Mar 13, 2020 9:13 pmHi Knikks,apollo_alpha wrote: ↑Fri Mar 13, 2020 9:02 pm[quote=Knikks post_id=<a href="tel:1888158">1888158</a> time=<a href="tel:1584131202">1584131202</a> user_id=230994]
Hello everyone
I have also been refused after 9months of long wait, and it’s on the same basis of holding a leave presently which is against the criteria for Zambrano application...it’s so saddening Buh life goes on, best of luck to everyone
Sorry to hear that news. Did they give you a right of appeal?
I'm glad you got your son passport
HiSabi92 wrote: ↑Sat Mar 14, 2020 6:31 amHi All
I have follow this forum for long time and i thought I share my experience
Timeline
Applied to the EU Settlement Scheme paper application on 29/08/19
Certificate of application 21/09/19
I currently hold a derivative residents card expires on 04/12/20
I don't have a limited leave to remain in any immigration law
It's been 7 months and no decision has been made
Why is my application is taking too long . I know some of you have been refused because you have LTR. But on my case i don't have LTR.
Thank you
Don't say that.
snooky wrote: ↑Sat Mar 14, 2020 12:24 am@LTR 2.5 Members Refused
Sorry is the hardest word that we can all shout out to you.
Before the year would end, we anticipated that come 2020 there would be smiles on our faces. It has turn sour grapes to some.
Most applicants, especially those who applied very early would have Administrative Review as per the guidance say.
Those who applied somewhere October (if am not mistaken) would have Appeal Right in court
The main guidance have changed almost 5 times and each stage of change gives new and older applicants different entitlement.
Home Office is a master of deception. Is all about forcing people to go for £1033 application, £1000 IHS, £19.50 Biomatric registration and £150 documents scanning.
As snake oil sales people, Home Office as redefined LEAVE TO REMAIN as persons exempted under EU SETTLMENT SCHEME which under normal domestic immigration laws such LTR is called persons subject to immigration control.
As I have said before, Home Office is now dealing with people who had ltr 2.5 years and mostly having some months left for their leave to expire
I think for those who dont have appeal right under the courts system should now do ZAMBRANO EEA application and with that one when refused, your appeal right under section 36 will be given.
I will say it again, EU Settlement Scheme is a British promise to secure all EU EEA Right Under the withdrawal agreement. Meaning EU Settlement Scheme is not under the juridiction of EU. Your rights are under eea regulations. I have said that before and asked everyone also to do EEA Zambrano. EU Settlement Scheme Mostly for people who have been already assessed by Home Office through EEA Regulations.
But that doesn’t mean if you qualify for the settlement scheme and hadn't done EEA Regulations application before, the Home Office should refuse you
All Home Office letters are templates and the only changes are
Date, your ref number, dob, name and address.
No discretion for people who have waited for 9 months. Sick sick.
Patel case is diluted, section 55 is twisted, Zambrano is fried.
Chris90 said something that Home Office can't choose for you which type of route you should pick. This is true with the law.
The only option for people without appeal right is to SUE THE HOME OFFICE for
1 contempt
2 discrimination
3 bringing the Department into disrupt
Cheers
snooky wrote: ↑Sat Mar 14, 2020 7:22 amHiSabi92 wrote: ↑Sat Mar 14, 2020 6:31 amHi All
I have follow this forum for long time and i thought I share my experience
Timeline
Applied to the EU Settlement Scheme paper application on 29/08/19
Certificate of application 21/09/19
I currently hold a derivative residents card expires on 04/12/20
I don't have a limited leave to remain in any immigration law
It's been 7 months and no decision has been made
Why is my application is taking too long . I know some of you have been refused because you have LTR. But on my case i don't have LTR.
Thank you
You shouldn't get worried about any negative impact on your right of protection under the EU Settlement Scheme
As you have held Zambrano Derivative before, this means home Office have assessed you already and when the time comes for decision you would be granted under Annex 1, condition 3 rule 13 - 14 of appendix EU.
This means Settled Status under 5 years continuous leave on Derivative right to Reside.
Most of us here have done our 5 years already and some have again gone for another 5 years Zambrano derivative because when ours expired there was no Settlement scheme for Zambrano Right to Reside
Why it has delayed is that home Office don't give a toss about us because Zambrano Right is not their priority. But still will grant as most who have had Zambrano before either given presettled or settled status.
They wrote to me say all cases would be dealt with by 17 April 2020. Let hope no coronavirus flood their office so that they could meet their deadline
When I was refused Zambrano renewal in early 2019, I took them to court for it to be reinstated. My renewal was 16 February 2019 and refused in 10 June 2019 with old Patel vs SSHD. I challenged the error made in my decision and on 31 October 2019 my appeal was allowed because the old Patel case is very ambiguous.
I have then put in Zambrano Dr EU Settlement Scheme on 15 June 2019 and still waiting even though I have done first 5 years Zambrano and still having live Zambrano for another 5 years
Be calm and your settled status would be with you soon.
The only way to get it quick is to show to the home Office that there is a BEREAVEMENT in your family and by submitting the death certificate within days decision is made
