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Zambrano Settled Status EU settlement scheme Paper Application Form

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

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snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 3:34 pm

@Administrative Review

Edit to your case

Dear Sir/Madam,

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

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

"Insert reason of refusal "

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

The following are my Reason

1. Article 20 of TFEU
to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016
16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)
Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3
4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55
of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

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

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

I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa

IST
Member
Posts: 192
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by IST » Sun Mar 15, 2020 4:38 pm

Hi Folks

HO responded to my local MP as below.

Thank you for your email correspondence of 7 February 2020 with enclosures on behalf of Mr about his European Union Settlement Scheme (EUSS) application.

On October 2019, Mr applied under the EUSS. Please pass on my apologies to Mr for the delay in concluding his application.

It may help if I explain that part of the application process entails routinely conducting checks with other government departments and external agencies. The extent and length of time taken to complete these checks varies according to the particular circumstance of each application, and only once these checks are completed, can a decision be made on whether to issue status under the EUSS.

So far, the enquiries have not been completed with regard to Mr application. I am unable to provide a timescale as to when a decision is likely to be made. However, please assure Mr that his application is under consideration and the progress of these checks is regularly monitored.

Once a decision has been reached, Mr will be notififed accordingly.

Please note that Mr has valid leave in the UK until August 2020. Therefore, in the unlikely event that his EUSS application has not been concluded by the time this leave expires, he would be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

apollo_alpha
Newbie
Posts: 32
Joined: Fri Jan 31, 2020 2:01 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by apollo_alpha » Sun Mar 15, 2020 4:49 pm

snooky wrote:
Sun Mar 15, 2020 3:34 pm
@Administrative Review

Edit to your case

Dear Sir/Madam,

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

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

"Insert reason of refusal "

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

The following are my Reason

1. Article 20 of TFEU
to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016
16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)
Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3
4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55
of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

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

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

I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa

@Snooky,

Thanks for the template above and I hope folks on these thread find it useful

IST
Member
Posts: 192
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by IST » Sun Mar 15, 2020 4:54 pm

The response received from Complaint Department

Thank you for your email correspondence of 07 February where you have raised a complaint about a delay in processing an application under the EU Settlement Scheme (EUSS), which you submitted in October 2019.

I have investigated your concerns, and I can confirm that your application remains outstanding. It may help if I explain that our current recorded timeframe of 5 days to 1 month to process an EUSS application which is presently published on gov.uk is an expected processing time. This is an indication of how long it may take to receive a decision on an application to the EU Settlement Scheme, and is not a service standard.

An EUSS application is likely to take longer to process if:

we need to request more information from an applicant
you are applying as a minor and your application is not linked to an adult
you submit a paper based application
you have a relevant criminal record
you are a non-EEA or non-Swiss citizen and are applying based on a relationship that you have not relied upon in a previous application to the Home Office

In these instances, processing times will vary on a case-by-case basis, based upon how quickly an applicant can provide the requested information, and the circumstances and/or individual needs of each applicant. As you have submitted a paper application, the application process is likely to take longer than the timescales stipulated on our website.

The Home Office have to make a number of detailed enquiries before such time that we can reach a decision on whether or not to grant status to an individual under the terms of the EUSS. The extent and length of time taken to complete these enquiries varies according to the prevailing circumstances of each particular application. Thus far our internal enquiries have not been completed in regards to the EUSS application that we have received in relation to your application and we are most sorry for the delay that has been incurred.

I can also advise that as you have valid leave in the UK until August 2020, you are be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

I am unfortunately unable to uphold your complaint.

I hope this answers your concerns, and thank you for bringing this matter to our attention. I hope this information is helpful.

I believe I have addressed all the points you have raised. However, if you feel that there are specific aspects that have not been addressed you can request a review of our response within one month of the date on this letter by writing to us at:

complaintsreview@homeoffice.gov.uk.

Or you can write to us at:

UKVI Complaints Allocation Hub
Lunar House
40 Wellesley Road
Croydon CR9 2BY

Please ensure that you provide us with specific details setting out why you believe a review is required. This will enable us to provide you with a full response. You can also review the next stages of our complaints process at the following link: https://www.gov.uk/government/organisat ... -procedure.

This looks like template.

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 4:55 pm

IST wrote:
Sun Mar 15, 2020 4:38 pm
Hi Folks

HO responded to my local MP as below.

Thank you for your email correspondence of 7 February 2020 with enclosures on behalf of Mr about his European Union Settlement Scheme (EU Settlement Scheme) application.

On October 2019, Mr applied under the EU Settlement Scheme. Please pass on my apologies to Mr for the delay in concluding his application.

It may help if I explain that part of the application process entails routinely conducting checks with other government departments and external agencies. The extent and length of time taken to complete these checks varies according to the particular circumstance of each application, and only once these checks are completed, can a decision be made on whether to issue status under the EU Settlement Scheme.

So far, the enquiries have not been completed with regard to Mr application. I am unable to provide a timescale as to when a decision is likely to be made. However, please assure Mr that his application is under consideration and the progress of these checks is regularly monitored.

Once a decision has been reached, Mr will be notififed accordingly.

Please note that Mr has valid leave in the UK until August 2020. Therefore, in the unlikely event that his EU Settlement Scheme application has not been concluded by the time this leave expires, he would be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

Hi

What did you have?,

Ltr 2.5 or
Derivative right to reside

Again the person who wrote this letter has erred somewhere in respect to the Variation of Leave

This Variation Leave doesn't cover EEA MEMBERS and the FAMILY MEMBERS AND TCNs

That is a wrong information.

IST
Member
Posts: 192
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by IST » Sun Mar 15, 2020 5:00 pm

snooky wrote:
Sun Mar 15, 2020 4:55 pm
IST wrote:
Sun Mar 15, 2020 4:38 pm
Hi Folks

HO responded to my local MP as below.

Thank you for your email correspondence of 7 February 2020 with enclosures on behalf of Mr about his European Union Settlement Scheme (EU Settlement Scheme) application.

On October 2019, Mr applied under the EU Settlement Scheme. Please pass on my apologies to Mr for the delay in concluding his application.

It may help if I explain that part of the application process entails routinely conducting checks with other government departments and external agencies. The extent and length of time taken to complete these checks varies according to the particular circumstance of each application, and only once these checks are completed, can a decision be made on whether to issue status under the EU Settlement Scheme.

So far, the enquiries have not been completed with regard to Mr application. I am unable to provide a timescale as to when a decision is likely to be made. However, please assure Mr that his application is under consideration and the progress of these checks is regularly monitored.

Once a decision has been reached, Mr will be notififed accordingly.

Please note that Mr has valid leave in the UK until August 2020. Therefore, in the unlikely event that his EU Settlement Scheme application has not been concluded by the time this leave expires, he would be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

Hi

What did you have?,

Ltr 2.5 or
Derivative right to reside

Again the person who wrote this letter has erred somewhere in respect to the Variation of Leave

This Variation Leave doesn't cover EEA MEMBERS and the FAMILY MEMBERS AND TCNs

That is a wrong information.
Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 5:03 pm

IST wrote:
Sun Mar 15, 2020 4:54 pm
The response received from Complaint Department

Thank you for your email correspondence of 07 February where you have raised a complaint about a delay in processing an application under the EU Settlement Scheme (EU Settlement Scheme), which you submitted in October 2019.

I have investigated your concerns, and I can confirm that your application remains outstanding. It may help if I explain that our current recorded timeframe of 5 days to 1 month to process an EU Settlement Scheme application which is presently published on gov.uk is an expected processing time. This is an indication of how long it may take to receive a decision on an application to the EU Settlement Scheme, and is not a service standard.

An EU Settlement Scheme application is likely to take longer to process if:

we need to request more information from an applicant
you are applying as a minor and your application is not linked to an adult
you submit a paper based application
you have a relevant criminal record
you are a non-EEA or non-Swiss citizen and are applying based on a relationship that you have not relied upon in a previous application to the Home Office

In these instances, processing times will vary on a case-by-case basis, based upon how quickly an applicant can provide the requested information, and the circumstances and/or individual needs of each applicant. As you have submitted a paper application, the application process is likely to take longer than the timescales stipulated on our website.

The Home Office have to make a number of detailed enquiries before such time that we can reach a decision on whether or not to grant status to an individual under the terms of the EU Settlement Scheme. The extent and length of time taken to complete these enquiries varies according to the prevailing circumstances of each particular application. Thus far our internal enquiries have not been completed in regards to the EU Settlement Scheme application that we have received in relation to your application and we are most sorry for the delay that has been incurred.

I can also advise that as you have valid leave in the UK until August 2020, you are be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

I am unfortunately unable to uphold your complaint.

I hope this answers your concerns, and thank you for bringing this matter to our attention. I hope this information is helpful.

I believe I have addressed all the points you have raised. However, if you feel that there are specific aspects that have not been addressed you can request a review of our response within one month of the date on this letter by writing to us at:

complaintsreview@homeoffice.gov.uk.

Or you can write to us at:

UKVI Complaints Allocation Hub
Lunar House
40 Wellesley Road
Croydon CR9 2BY

Please ensure that you provide us with specific details setting out why you believe a review is required. This will enable us to provide you with a full response. You can also review the next stages of our complaints process at the following link: https://www.gov.uk/government/organisat ... -procedure.

This looks like template.
Another standard letter

All what they do is insert your details into it. Shameless HO

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 5:18 pm

IST wrote:
Sun Mar 15, 2020 5:00 pm
snooky wrote:
Sun Mar 15, 2020 4:55 pm
IST wrote:
Sun Mar 15, 2020 4:38 pm
Hi Folks

HO responded to my local MP as below.

Thank you for your email correspondence of 7 February 2020 with enclosures on behalf of Mr about his European Union Settlement Scheme (EU Settlement Scheme) application.

On October 2019, Mr applied under the EU Settlement Scheme. Please pass on my apologies to Mr for the delay in concluding his application.

It may help if I explain that part of the application process entails routinely conducting checks with other government departments and external agencies. The extent and length of time taken to complete these checks varies according to the particular circumstance of each application, and only once these checks are completed, can a decision be made on whether to issue status under the EU Settlement Scheme.

So far, the enquiries have not been completed with regard to Mr application. I am unable to provide a timescale as to when a decision is likely to be made. However, please assure Mr that his application is under consideration and the progress of these checks is regularly monitored.

Once a decision has been reached, Mr will be notififed accordingly.

Please note that Mr has valid leave in the UK until August 2020. Therefore, in the unlikely event that his EU Settlement Scheme application has not been concluded by the time this leave expires, he would be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

Hi

What did you have?,

Ltr 2.5 or
Derivative right to reside

Again the person who wrote this letter has erred somewhere in respect to the Variation of Leave

This Variation Leave doesn't cover EEA MEMBERS and the FAMILY MEMBERS AND TCNs

That is a wrong information.
Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.
Ok point of correction

As you hold leave under domestic law, then variation of leave 3c would apply to you.

The problem is, as we have seen here, Home Office is refusing all applications with leave to remain and have more than 28 days leave left

Ngoo
Member
Posts: 192
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Sun Mar 15, 2020 5:22 pm

snooky wrote:
Sun Mar 15, 2020 3:34 pm
@Administrative Review

Edit to your case

Dear Sir/Madam,

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

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

"Insert reason of refusal "

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

The following are my Reason

1. Article 20 of TFEU
to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016
16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)
Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3
4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55
of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

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

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

I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa
@Snooky, my EEA application was refused for the same reason. They stated that I have leave to Remain. Meanwhile I applied on the 13th of January and my LTR expired the next day which was the 14 of January 20. At the moment I have no status. Both EEA and EU settlement scheme have same reason for refusal. May God bless you for all the your support. Thank you

IST
Member
Posts: 192
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by IST » Sun Mar 15, 2020 5:23 pm

snooky wrote:
Sun Mar 15, 2020 5:18 pm
IST wrote:
Sun Mar 15, 2020 5:00 pm
snooky wrote:
Sun Mar 15, 2020 4:55 pm
IST wrote:
Sun Mar 15, 2020 4:38 pm
Hi Folks

HO responded to my local MP as below.

Thank you for your email correspondence of 7 February 2020 with enclosures on behalf of Mr about his European Union Settlement Scheme (EU Settlement Scheme) application.

On October 2019, Mr applied under the EU Settlement Scheme. Please pass on my apologies to Mr for the delay in concluding his application.

It may help if I explain that part of the application process entails routinely conducting checks with other government departments and external agencies. The extent and length of time taken to complete these checks varies according to the particular circumstance of each application, and only once these checks are completed, can a decision be made on whether to issue status under the EU Settlement Scheme.

So far, the enquiries have not been completed with regard to Mr application. I am unable to provide a timescale as to when a decision is likely to be made. However, please assure Mr that his application is under consideration and the progress of these checks is regularly monitored.

Once a decision has been reached, Mr will be notififed accordingly.

Please note that Mr has valid leave in the UK until August 2020. Therefore, in the unlikely event that his EU Settlement Scheme application has not been concluded by the time this leave expires, he would be covered by Section 3C of the Immigration Act 1971, which states that, where an individual applies for a variation of their immigration status prior to its expiry, their existing status stays in effect until the final determination of their application for variation.

Hi

What did you have?,

Ltr 2.5 or
Derivative right to reside

Again the person who wrote this letter has erred somewhere in respect to the Variation of Leave

This Variation Leave doesn't cover EEA MEMBERS and the FAMILY MEMBERS AND TCNs

That is a wrong information.
Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.
Ok point of correction

As you hold leave under domestic law, then variation of leave 3c would apply to you.

The problem is, as we have seen here, Home Office is refusing all applications with leave to remain and have more than 28 days leave left
Hi
Do you think I will be given a right to appeal or it be just administrative review? As I am sure the decision will be made and refusal letter will be send to me shortly cos holding LTR

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 5:32 pm

IST wrote:
Sun Mar 15, 2020 5:23 pm
snooky wrote:
Sun Mar 15, 2020 5:18 pm
IST wrote:
Sun Mar 15, 2020 5:00 pm
snooky wrote:
Sun Mar 15, 2020 4:55 pm



Hi

What did you have?,

Ltr 2.5 or
Derivative right to reside

Again the person who wrote this letter has erred somewhere in respect to the Variation of Leave

This Variation Leave doesn't cover EEA MEMBERS and the FAMILY MEMBERS AND TCNs

That is a wrong information.
Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.
Ok point of correction

As you hold leave under domestic law, then variation of leave 3c would apply to you.

The problem is, as we have seen here, Home Office is refusing all applications with leave to remain and have more than 28 days leave left
Hi
Do you think I will be given a right to appeal or it be just administrative review? As I am sure the decision will be made and refusal letter will be send to me shortly cos holding LTR
Hmm

That decision only comes from the Home Office, but what we have seen here, you would be given Administrative Review

IST
Member
Posts: 192
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by IST » Sun Mar 15, 2020 5:39 pm

snooky wrote:
Sun Mar 15, 2020 5:32 pm
IST wrote:
Sun Mar 15, 2020 5:23 pm
snooky wrote:
Sun Mar 15, 2020 5:18 pm
IST wrote:
Sun Mar 15, 2020 5:00 pm


Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.
Ok point of correction

As you hold leave under domestic law, then variation of leave 3c would apply to you.

The problem is, as we have seen here, Home Office is refusing all applications with leave to remain and have more than 28 days leave left
Hi
Do you think I will be given a right to appeal or it be just administrative review? As I am sure the decision will be made and refusal letter will be send to me shortly cos holding LTR
Hmm

That decision only comes from the Home Office, but what we have seen here, you would be given Administrative Review
You right we have to wait and see when Home Office will conclude my application but what I can see my LTR expires in August so will be before.

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 5:47 pm

@Ngoo

If Home Office refused you whilst your leave to REMAIN is gone then go for the administrative reviewa. If they don't grant, go for judicial review.

The Zambrano revised guidance clearly stated that if refusing will compel the child to leave uk, then the decision is bogus

It does not reflect the Patel vs SSHD

mubashir1981
Member of Standing
Posts: 270
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Sun Mar 15, 2020 6:54 pm

IST wrote:
Sun Mar 15, 2020 5:23 pm
snooky wrote:
Sun Mar 15, 2020 5:18 pm
IST wrote:
Sun Mar 15, 2020 5:00 pm
snooky wrote:
Sun Mar 15, 2020 4:55 pm



Hi

What did you have?,

Ltr 2.5 or
Derivative right to reside

Again the person who wrote this letter has erred somewhere in respect to the Variation of Leave

This Variation Leave doesn't cover EEA MEMBERS and the FAMILY MEMBERS AND TCNs

That is a wrong information.
Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.
Ok point of correction

As you hold leave under domestic law, then variation of leave 3c would apply to you.

The problem is, as we have seen here, Home Office is refusing all applications with leave to remain and have more than 28 days leave left
Hi
Do you think I will be given a right to appeal or it be just administrative review? As I am sure the decision will be made and refusal letter will be send to me shortly cos holding LTR
Appeal right is only for those who made application after 31st jan 2020. Simple

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 7:56 pm

@mubshir
You are right

EU Settlement Scheme appeal rights introduced

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (SI 2020 No. 61) come into force on Brexit day — tomorrow, 31 January. They create a right of appeal to the immigration tribunal for people refused pre-settled or settled status under the EU Settlement Scheme. As the accompanying explanatory note puts it:

This instrument provides that, where a person makes a valid application for leave under the EUSS, or for an EUSS family or travel permit, on or after exit day, they will have a right of appeal against a decision to:

refuse the application;
in the case of an application under the EUSS, grant limited leave to enter or remain (pre-settled status under the scheme) where they believe they should have been granted indefinite leave to enter or remain (settled status under the scheme).
Note that this only applies to applications “on or after exit day”, but does allow people to appeal a grant of pre-settled status up to full settled status.

There are also appeal rights for various scenarios where settled status is being cancelled or revoked. Appeals go to the First-tier Tribunal, unless certified as a national security issue for the Special Immigration Appeals Commission. See this short thread by the Immigration Law Practitioners’ Association for further observations.

mubashir1981
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Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Sun Mar 15, 2020 8:11 pm

Ngoo wrote:
Sun Mar 15, 2020 5:22 pm
snooky wrote:
Sun Mar 15, 2020 3:34 pm
@Administrative Review

Edit to your case

Dear Sir/Madam,

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

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

"Insert reason of refusal "

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

The following are my Reason

1. Article 20 of TFEU
to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016
16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)
Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3
4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55
of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

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

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

I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa
@Snooky, my EEA application was refused for the same reason. They stated that I have leave to Remain. Meanwhile I applied on the 13th of January and my LTR expired the next day which was the 14 of January 20. At the moment I have no status. Both EEA and EU settlement scheme have same reason for refusal. May God bless you for all the your support. Thank you
Nagoo u will.b fine dont worry.

IST
Member
Posts: 192
Joined: Thu Dec 19, 2019 7:42 am
Uruguay

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by IST » Sun Mar 15, 2020 8:18 pm

mubashir1981 wrote:
Sun Mar 15, 2020 6:54 pm
IST wrote:
Sun Mar 15, 2020 5:23 pm
snooky wrote:
Sun Mar 15, 2020 5:18 pm
IST wrote:
Sun Mar 15, 2020 5:00 pm


Hi Snooky

1st of all I would like to thank you for been very helpful to all of us.

I do hold LTR under domestic immigration rules as I have posted the timeline on this thread while a go.

Snooky this looks like template to me.
Ok point of correction

As you hold leave under domestic law, then variation of leave 3c would apply to you.

The problem is, as we have seen here, Home Office is refusing all applications with leave to remain and have more than 28 days leave left
Hi
Do you think I will be given a right to appeal or it be just administrative review? As I am sure the decision will be made and refusal letter will be send to me shortly cos holding LTR
Appeal right is only for those who made application after 31st jan 2020. Simple
Thanks

Ngoo
Member
Posts: 192
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Sun Mar 15, 2020 8:37 pm

mubashir1981 wrote:
Sun Mar 15, 2020 8:11 pm
Ngoo wrote:
Sun Mar 15, 2020 5:22 pm
snooky wrote:
Sun Mar 15, 2020 3:34 pm
@Administrative Review

Edit to your case

Dear Sir/Madam,

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

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

"Insert reason of refusal "

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

The following are my Reason

1. Article 20 of TFEU
to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016
16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)
Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3
4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55
of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

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

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

I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa
@Snooky, my EEA application was refused for the same reason. They stated that I have leave to Remain. Meanwhile I applied on the 13th of January and my LTR expired the next day which was the 14 of January 20. At the moment I have no status. Both EEA and EU settlement scheme have same reason for refusal. May God bless you for all the your support. Thank you
Nagoo u will.b fine dont worry.
Hello Mubashir! Thank you.

Ngoo
Member
Posts: 192
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Sun Mar 15, 2020 8:56 pm

snooky wrote:
Sun Mar 15, 2020 5:47 pm
@Ngoo

If Home Office refused you whilst your leave to REMAIN is gone then go for the administrative reviewa. If they don't grant, go for judicial review.

The Zambrano revised guidance clearly stated that if refusing will compel the child to leave uk, then the decision is bogus

It does not reflect the Patel vs SSHD
@Snooky, I haven’t heard from the EU settlement scheme. It was the EEA derivative resident card that was refused. I have appealed against the decision and I am organising all that are required for the hearing. Thanks

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Sun Mar 15, 2020 9:20 pm

Ngoo wrote:
Sun Mar 15, 2020 8:56 pm
snooky wrote:
Sun Mar 15, 2020 5:47 pm
@Ngoo

If Home Office refused you whilst your leave to REMAIN is gone then go for the administrative reviewa. If they don't grant, go for judicial review.

The Zambrano revised guidance clearly stated that if refusing will compel the child to leave uk, then the decision is bogus

It does not reflect the Patel vs SSHD
@Snooky, I haven’t heard from the EU settlement scheme. It was the EEA derivative resident card that was refused. I have appealed against the decision and I am organising all that are required for the hearing. Thanks
Ok, good to appeal. Like I always say, Home Office is making the courts to now decide who should be given Zambrano Eea. If the courts allow your appeal then your settled status is assured
assured.

You will win, no credibility for home Office at the courts for genuine Zambrano derivatives.

Ngoo
Member
Posts: 192
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Sun Mar 15, 2020 9:38 pm

@Snooky, Amen! Thank you very much. Stay blessed.

Abbey025
Newly Registered
Posts: 8
Joined: Sat Sep 07, 2019 5:11 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Abbey025 » Mon Mar 16, 2020 3:37 am

snooky wrote:
Sun Mar 15, 2020 9:20 pm
Ngoo wrote:
Sun Mar 15, 2020 8:56 pm
snooky wrote:
Sun Mar 15, 2020 5:47 pm
@Ngoo

If Home Office refused you whilst your leave to REMAIN is gone then go for the administrative reviewa. If they don't grant, go for judicial review.

The Zambrano revised guidance clearly stated that if refusing will compel the child to leave uk, then the decision is bogus

It does not reflect the Patel vs SSHD
@Snooky, I haven’t heard from the EU settlement scheme. It was the EEA derivative resident card that was refused. I have appealed against the decision and I am organising all that are required for the hearing. Thanks
Ok, good to appeal. Like I always say, Home Office is making the courts to now decide who should be given Zambrano Eea. If the courts allow your appeal then your settled status is assured
assured.

You will win, no credibility for home Office at the courts for genuine Zambrano derivatives.

Hi snooky,


Does it worth doing administrative review if one is refused base on having Ltr under apendix (private life route). As I was refused because of that. Thanks

snooky
Senior Member
Posts: 820
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Mon Mar 16, 2020 6:07 am

Abbey025 wrote:
Mon Mar 16, 2020 3:37 am
snooky wrote:
Sun Mar 15, 2020 9:20 pm
Ngoo wrote:
Sun Mar 15, 2020 8:56 pm
snooky wrote:
Sun Mar 15, 2020 5:47 pm
@Ngoo

If Home Office refused you whilst your leave to REMAIN is gone then go for the administrative reviewa. If they don't grant, go for judicial review.

The Zambrano revised guidance clearly stated that if refusing will compel the child to leave uk, then the decision is bogus

It does not reflect the Patel vs SSHD
@Snooky, I haven’t heard from the EU settlement scheme. It was the EEA derivative resident card that was refused. I have appealed against the decision and I am organising all that are required for the hearing. Thanks
Ok, good to appeal. Like I always say, Home Office is making the courts to now decide who should be given Zambrano Eea. If the courts allow your appeal then your settled status is assured
assured.

You will win, no credibility for home Office at the courts for genuine Zambrano derivatives.

Hi snooky,


Does it worth doing administrative review if one is refused base on having Ltr under apendix (private life route). As I was refused because of that. Thanks
Abbey025

The is yes because every democratic second chance for ratification should be taken.

Why Administrative Review? Or Appeal
These are given to you because the SSHD believes that you meet all the legal requirements which are actually the law but due to their own implementation and add ons, you missed what wasn't statute laws.

If Home Office thinks you don't actually meet and deserve the Leave under the Act, they would only REJECT your claim. With this, you lose all appeal right and administrative review.

So go for it.

Argue your point that Leave to REMAIN under eea given to PSIC are not exempt under regulation 16(7-7A) and home Office policy guidance is unequivocal and ambiguous. It incompatible to article 20 of TFEU and regulation 16

Abbey025
Newly Registered
Posts: 8
Joined: Sat Sep 07, 2019 5:11 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Abbey025 » Mon Mar 16, 2020 7:18 am

Thanks Snooky.

Could you pls send hi msg to
Xxxxxxxxx

U should understand bro
Thanks mate

Tinumo
Newbie
Posts: 42
Joined: Wed Jun 26, 2019 6:56 pm
Wales

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Tinumo » Mon Mar 16, 2020 7:24 am

All I can say is wow wow wow.
Well it’s Been a week now since many of us are refused and I am sure many others too.
So we should plan to file in administrative review this week before it starts getting very busy and clumsy with them...

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