Zambrano Settled Status EU settlement scheme Paper Application Form

snooky wrote: ↑

Tue Mar 24, 2020 10:11 pm

Sebel wrote: ↑

Tue Mar 24, 2020 8:50 pm

Please how do we check the status online? Can someone help me?

Go to Google
Type check my status
Click on the first search
Stroll up
Click on the green button
Either enter passport number or etc
Add your DOB
Tick where confirmation code be sent through
Put 6 digit code sent to you from HO
Then wait to see if HO system is updated with your status

https://www.gov.uk/view-prove-immigration-status

Congratulations snooky, I'm so so so so so happy for you. Thank you for your support on this platform.

mubashir1981 wrote: ↑

Tue Mar 24, 2020 11:12 pm

LULUBABY wrote: ↑

Tue Mar 24, 2020 9:58 pm

mubashir1981 wrote: ↑

Tue Mar 24, 2020 4:54 pm

snooky wrote: ↑

Tue Mar 24, 2020 3:23 pm

@Members

Just had a call from the Home Office - EU Settlement Scheme.

The case manager just told me my EU Settlement Scheme has been approved. SETTLED STATUS GRANTED.

Timeline

Zambrano EEA - 16/03/14

Application renewal refused 10/06/19

Appealed granted 31/10/19

EU Settlement Scheme application 15/06/19

Settled Status 24/03/20

Members thank you very much for your support and advice

God is Good

Many many congratulations so happy for u.

Mubashir1981, yours will soon be sorted.

I wish...
Its more than 11 years since i over stay my visa. Dont no how its feel like being legally in Uk.

Don’t worry you will soon know how it feels. Then you will start ‘shopping with deep trolley’ and ‘going on holiday anyhow’....

snooky wrote: ↑

Tue Mar 24, 2020 3:23 pm

@Members

Just had a call from the Home Office - EU Settlement Scheme.

The case manager just told me my EU Settlement Scheme has been approved. SETTLED STATUS GRANTED.

Timeline

Zambrano EEA - 16/03/14

Application renewal refused 10/06/19

Appealed granted 31/10/19

EU Settlement Scheme application 15/06/19

Settled Status 24/03/20

Members thank you very much for your support and advice

God is Good

Snoopy Congratulations we are so happy for you. Thank you for all your support.

snooky wrote: ↑

Tue Mar 24, 2020 3:23 pm

@Members

Just had a call from the Home Office - EU Settlement Scheme.

The case manager just told me my EU Settlement Scheme has been approved. SETTLED STATUS GRANTED.

Timeline

Zambrano EEA - 16/03/14

Application renewal refused 10/06/19

Appealed granted 31/10/19

EU Settlement Scheme application 15/06/19

Settled Status 24/03/20

Members thank you very much for your support and advice

God is Good

Congratulations snooky

Hi All

I tried calling the EU resolution center and the automated voice saying the office is closed.

I wander if they have shut down the office completely

Sabi92 wrote: ↑

Wed Mar 25, 2020 1:32 pm

Hi All

I tried calling the EU resolution center and the automated voice saying the office is closed.

I wander if they have shut down the office completely

Maybe they have realised that their office is not necessary and that there is no point keeping an office open (after all what they do is just telling you that your application is with the caseworker and is in progress) and put the staff at risk. Apparently, they are not key workers. (If they check their bags properly, they will definitely see they are ‘key workers’. My child strongly believes I am a key worker because I have a FOB in my key holder).

Congratulations snooky.

Seems the centre is closed now so they have an excuse for further delaying our applications arghhhh

Hope this crisis blows over eventually

Sebel wrote: ↑

Mon Mar 16, 2020 11:00 pm

Hello house,I have been following this post and I also applied for the EU scheme under zambrano since July, still waiting on their reply which I guess will be negative like orders because I hold a 2.5year leave to remain.
Please I got a different help and need assistant. Am a single mother who doesn't get in contact with my son's dad,his british passport has expired,how can i renew it? Please help me.

Appendix EU Annex 1 - Definitions

"person with a Zambrano right to reside"

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period were:

(a) resident for a continuous qualifying period in the UK with a derivative right to reside by virtue of regulation 16(1) of the EEA Regulations, by satisfying the criteria in:

(i) paragraph (5) of that regulation; or

(ii) paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (where the person was previously granted limited leave to enter or remain under this Part of this Appendix as a person with a Zambrano right to reside and was under the age of 18 years at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(b) without leave to enter or remain in the UK granted under another part of these Rules

https://www.gov.uk/guidance/immigration ... ppendix-eu

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

https://www.gov.uk/government/publicati ... ial-review

snooky wrote: ↑

Thu Mar 19, 2020 1:37 pm

netqueen wrote: ↑

Thu Mar 19, 2020 12:49 pm

Hi All,

I have also been refused . Got my documents with the letter this morning.

The template letter is the same just with my details.

it is exactly 9 months now. What is most worrying is that i was on DRC till february 2019, and had LTR from December 2019 to June 2021. I will do the administrative review as i think i have been unfairly deal with. Look like HO s not taking into account the new case on Patel and Co.

Good luck every one.

netqueen

You had Derivative residence card and had done 5 years already.

Then the caseworker is totally illiterate.

The guidance talked about combination of stays and people who have had Zambrano before.


Your refusal shows HO can't even understand their own guidance. Is got nothing to do with Patel vs SSHD

Is poor decision

Immigration Rules Appendix EU Annex 1 - Definitions

https://www.gov.uk/guidance/immigration ... ppendix-eu

"person who had a derivative or Zambrano right to reside"

a person who was a person with a derivative right to reside or, as the case may be,

a person with a Zambrano right to reside, immediately before they became, as the case may be,

• a relevant EEA citizen,

• a family member of a relevant EEA citizen,

• a person with a derivative right to reside,

• a person with a Zambrano right to reside or

• a family member of a qualifying British citizen,

and they have since remained, to the date of application, in any (or any combination) of those categories or

as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen or with a qualifying British citizen

snooky wrote: ↑

Tue Mar 24, 2020 3:23 pm

@Members

Just had a call from the Home Office - EU Settlement Scheme.

The case manager just told me my EU Settlement Scheme has been approved. SETTLED STATUS GRANTED.

Timeline

Zambrano EEA - 16/03/14

Application renewal refused 10/06/19

Appealed granted 31/10/19

EU Settlement Scheme application 15/06/19

Settled Status 24/03/20

Members thank you very much for your support and advice

God is Good

Hi Snooky

Congratulations!!!!!!! Am really happy for you...I trap into your blessings. Do Enjoy your unlimited freedom.

Zambrano_ombudsman wrote: ↑

Wed Mar 25, 2020 5:44 pm

Sebel wrote: ↑

Mon Mar 16, 2020 11:00 pm

Hello house,I have been following this post and I also applied for the EU scheme under zambrano since July, still waiting on their reply which I guess will be negative like orders because I hold a 2.5year leave to remain.
Please I got a different help and need assistant. Am a single mother who doesn't get in contact with my son's dad,his british passport has expired,how can i renew it? Please help me.

Appendix EU Annex 1 - Definitions

"person with a Zambrano right to reside"

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period were:

(a) resident for a continuous qualifying period in the UK with a derivative right to reside by virtue of regulation 16(1) of the EEA Regulations, by satisfying the criteria in:

(i) paragraph (5) of that regulation; or

(ii) paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (where the person was previously granted limited leave to enter or remain under this Part of this Appendix as a person with a Zambrano right to reside and was under the age of 18 years at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(b) without leave to enter or remain in the UK granted under another part of these Rules

https://www.gov.uk/guidance/immigration ... ppendix-eu

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

https://www.gov.uk/government/publicati ... ial-review

" without leave to enter or remain in the UK granted under another part of these Rules"
this particular condition is only for dependent of primery carer and needs to be under 18. this does not apply on main zambrano carer who fulfill the regulation (i) paragraph (5). and under this there is no such a provion that people hold leave the remain cannot benifit zambranoo. plain law of eu regulation

mubashir1981 wrote: ↑

Wed Mar 25, 2020 8:50 pm

Zambrano_ombudsman wrote: ↑

Wed Mar 25, 2020 5:44 pm

Sebel wrote: ↑

Mon Mar 16, 2020 11:00 pm

Hello house,I have been following this post and I also applied for the EU scheme under zambrano since July, still waiting on their reply which I guess will be negative like orders because I hold a 2.5year leave to remain.
Please I got a different help and need assistant. Am a single mother who doesn't get in contact with my son's dad,his british passport has expired,how can i renew it? Please help me.

Appendix EU Annex 1 - Definitions

"person with a Zambrano right to reside"

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period were:

(a) resident for a continuous qualifying period in the UK with a derivative right to reside by virtue of regulation 16(1) of the EEA Regulations, by satisfying the criteria in:

(i) paragraph (5) of that regulation; or

(ii) paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (where the person was previously granted limited leave to enter or remain under this Part of this Appendix as a person with a Zambrano right to reside and was under the age of 18 years at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(b) without leave to enter or remain in the UK granted under another part of these Rules

https://www.gov.uk/guidance/immigration ... ppendix-eu

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

https://www.gov.uk/government/publicati ... ial-review

" without leave to enter or remain in the UK granted under another part of these Rules"
this particular condition is only for dependent of primery carer and needs to be under 18. this does not apply on main zambrano carer who fulfill the regulation (i) paragraph (5). and under this there is no such a provion that people hold leave the remain cannot benifit zambranoo. plain law of eu regulation

I have no idea what you mean. The focus is on 16(1), paragraph 5 of the EEA Regulations. This paragraph applies to Zambrano carers.

This definition is about Zambrano carers. That is why it is called, "a person with a Zambrano right to reside" under the Definitions section.

You can learn about Regulation 16(1) of the EEA Regulations below

http://www.legislation.gov.uk/uksi/2016 ... on/16/made

Derivative right to reside

16.—(1) A person has a derivative right to reside during any period in which the person—

(a)is not an exempt person; and

(b)satisfies each of the criteria in one or more of paragraphs (2) to (6).

(5) The criteria in this paragraph are that—

(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

Zambrano_ombudsman wrote: ↑

Wed Mar 25, 2020 9:15 pm

mubashir1981 wrote: ↑

Wed Mar 25, 2020 8:50 pm

Zambrano_ombudsman wrote: ↑

Wed Mar 25, 2020 5:44 pm

Sebel wrote: ↑

Mon Mar 16, 2020 11:00 pm

Hello house,I have been following this post and I also applied for the EU scheme under zambrano since July, still waiting on their reply which I guess will be negative like orders because I hold a 2.5year leave to remain.
Please I got a different help and need assistant. Am a single mother who doesn't get in contact with my son's dad,his british passport has expired,how can i renew it? Please help me.

Appendix EU Annex 1 - Definitions

"person with a Zambrano right to reside"

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period were:

(a) resident for a continuous qualifying period in the UK with a derivative right to reside by virtue of regulation 16(1) of the EEA Regulations, by satisfying the criteria in:

(i) paragraph (5) of that regulation; or

(ii) paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (where the person was previously granted limited leave to enter or remain under this Part of this Appendix as a person with a Zambrano right to reside and was under the age of 18 years at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(b) without leave to enter or remain in the UK granted under another part of these Rules

https://www.gov.uk/guidance/immigration ... ppendix-eu

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

https://www.gov.uk/government/publicati ... ial-review

" without leave to enter or remain in the UK granted under another part of these Rules"
this particular condition is only for dependent of primery carer and needs to be under 18. this does not apply on main zambrano carer who fulfill the regulation (i) paragraph (5). and under this there is no such a provion that people hold leave the remain cannot benifit zambranoo. plain law of eu regulation

I have no idea what you mean. The focus is on 16(1), paragraph 5 of the EEA Regulations. This paragraph applies to Zambrano carers.

This definition is about Zambrano carers. That is why it is called, "a person with a Zambrano right to reside" under the Definitions section.

You can learn about Regulation 16(1) of the EEA Regulations below

http://www.legislation.gov.uk/uksi/2016 ... on/16/made

Derivative right to reside

16.—(1) A person has a derivative right to reside during any period in which the person—

(a)is not an exempt person; and

(b)satisfies each of the criteria in one or more of paragraphs (2) to (6).

(5) The criteria in this paragraph are that—

(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

say husband wife both have 3 kids. both parents TCN and one of there chid is reach to age 10 and get BC. both parent entitle for zmbrano carer and remain 2 kids are the dependent of zambrano carer thoes kids should not have leave to remain and should be under 18.

mubashir1981 wrote: ↑

Wed Mar 25, 2020 9:46 pm

Zambrano_ombudsman wrote: ↑

Wed Mar 25, 2020 9:15 pm

mubashir1981 wrote: ↑

Wed Mar 25, 2020 8:50 pm

Zambrano_ombudsman wrote: ↑

Wed Mar 25, 2020 5:44 pm

Appendix EU Annex 1 - Definitions

"person with a Zambrano right to reside"

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period were:

(a) resident for a continuous qualifying period in the UK with a derivative right to reside by virtue of regulation 16(1) of the EEA Regulations, by satisfying the criteria in:

(i) paragraph (5) of that regulation; or

(ii) paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (where the person was previously granted limited leave to enter or remain under this Part of this Appendix as a person with a Zambrano right to reside and was under the age of 18 years at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be) were, under the age of 18 years; and

(b) without leave to enter or remain in the UK granted under another part of these Rules

https://www.gov.uk/guidance/immigration ... ppendix-eu

Template letter to help resolve a dispute before court proceedings are started in relation to immigration and nationality decisions (the 'pre-action protocol').

https://www.gov.uk/government/publicati ... ial-review

" without leave to enter or remain in the UK granted under another part of these Rules"
this particular condition is only for dependent of primery carer and needs to be under 18. this does not apply on main zambrano carer who fulfill the regulation (i) paragraph (5). and under this there is no such a provion that people hold leave the remain cannot benifit zambranoo. plain law of eu regulation

I have no idea what you mean. The focus is on 16(1), paragraph 5 of the EEA Regulations. This paragraph applies to Zambrano carers.

This definition is about Zambrano carers. That is why it is called, "a person with a Zambrano right to reside" under the Definitions section.

You can learn about Regulation 16(1) of the EEA Regulations below

http://www.legislation.gov.uk/uksi/2016 ... on/16/made

Derivative right to reside

16.—(1) A person has a derivative right to reside during any period in which the person—

(a)is not an exempt person; and

(b)satisfies each of the criteria in one or more of paragraphs (2) to (6).

(5) The criteria in this paragraph are that—

(a)the person is the primary carer of a British citizen (“BC”);

(b)BC is residing in the United Kingdom; and

(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

say husband wife both have 3 kids. both parents TCN and one of there chid is reach to age 10 and get BC. both parent entitle for zmbrano carer and remain 2 kids are the dependent of zambrano carer thoes kids should not have leave to remain and should be under 18.

In your scenario, the parents are no longer Zambrano carers if they have leave to remain or enter the United Kingdom.

The Home Office guidance says the same thing here, on page 9

https://assets.publishing.service.gov.u ... gov-uk.pdf

When they look at the application, they are going to check to see if either parent has leave to remain or enter the UK. If the parent has leave to remain or enter the UK, they are going to refuse the application - each and every time.

I am talking about eea regulation. Eea law not homeoffice guidance as there guidance is not law.

Guidance also says if some have not made application under uk immigration is not zambrano. But when mater went in court judge determination says there is no auch provsion in eea rgulation that human right application should be made b4 zambrano.

mubashir1981 wrote: ↑

Wed Mar 25, 2020 10:37 pm

I am talking about eea regulation. Eea law not homeoffice guidance as there guidance is not law.

Guidance also says if some have not made application under uk immigration is not zambrano. But when mater went in court judge determination says there is no auch provsion in eea rgulation that human right application should be made b4 zambrano.

I am not sure what point you are trying to make.

I am saying that if you submit an application to the home office as a zambrano carer, and you already have leave to remain or enter, that the application will be refused.

They will rely on Appendix EU. The definition of a Zambrano carer in Appendix EU is a person who does not have leave to remain or enter.

I think you are referring to a court case. Please provide the name of the court case and the link to the case so everyone can read it.

@Zambrano Ombudsman

Good morning, hope you are well. You hid yourself but am glad you are back.

Appendix EU Annex 1 - Definitions

"person with a Zambrano right to reside"

a person who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are (and for the relevant period have been), or (as the case may be) for the relevant period were:


Anyway your post about this topic is truly truly true but technically it doesn't always work that way as you're making it to be.

Laws evolve and guidances and proposals from departments are not legislative laws. Meaning they are illegal and whosoever challenges it will always win with what the law actually says.

Even in the corrupt HO guidance, words such as
1. Have been 2. Were/was 3. Relevant period clearly means RETAINED RIGHT. This does not matter if the person is gone out for different route as far as the person has been within that category before.

I have taken HO on before on how some words qualify now, subject and predicate and they rescind from their evil deeds

Hope we will all try to fight this quest with one faith and foundation. Remember words are stronger than the gun.

Members

Thank you all for your congratulatory messages.

Is like a dream but real. I hold 2 stays now and cost me nothing. In the past, I had solicitors who tried to ill-advised me to leave Zambrano route because

A. No benefits B. Not leading to permanent residency
C. Not recognized of been in uk. D. You become human-explaining.

But I always new that in UK things change very fast, though it took 8 years for Zambrano to get where it is in euss, the wise says "who laugh last, laugh best"

I am the winner for HO mind games.

Home Office once said to me that, Rasta, your God is Dead. non English text removed by moderator
My God is alive

I will be here for you all it euss is finished by 30 June 2021 - 25 when the last curtain will shut.

Love

A few points

1.) Any applicant under Zambrano with leave to remain will be refused EU Settlement by UKVI. The staff have no other choice, as Appendix EU instructs them to do so.

2.) An appeal lodged by a Zambrano carer could focus on any of the following points:

a.) the illegality of the Definitions in Appendix

• UKVI's definition of a person with a Zambrano right to reside

• UKVI's definition of a person who had a derivative or Zambrano right to reside

The offending parts of the Guidance have no basis in law, be it EU law or caselaw.

The Home Office’s start and end point in the “ consideration” of Zambrano applications, is not through an application of the relevant provisions of EU law and the principles flowing out of Ruiz Zambrano v Office national de l’emploi (Case C-34/09) [2012] QB 265 and other subsequent CJEU cases in combination with the EEA Regulations, but rather the Guidance of May 2019.

b.) the prior ruling against automatic refusals

applying a practice of automatic refusals in a manner akin to that deprecated/rejected in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28 in the CJEU.

In essence, a document written by the UK, Appendix EU, diverges from the document agreed by the EU and the UK, the Withdrawal Agreement.

Appendix EU is designed to transpose the citizens’ rights provisions of the Draft Withdrawal Agreement into UK law. It fails with regard to Zambrano carers.

ARTICLE 4 Methods and principles relating to the effect,
the implementation and the application of this Agreement

1. The provisions of this Agreement and the provisions of Union law made applicable by this Agreement shall produce in respect of and in the United Kingdom the same legal effects as those which they produce within the Union and its Member States.

Accordingly, legal or natural persons shall in particular be able to rely directly on the provisions contained or referred to in this Agreement which meet the conditions for direct effect under Union law.


2. The United Kingdom shall ensure compliance with paragraph 1, including as regards the required powers of its judicial and administrative authorities to disapply inconsistent or incompatible domestic provisions, through domestic primary legislation.

TITLE II RIGHTS AND OBLIGATIONS RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS CHAPTER 1.

ARTICLE 13: Residence rights

Family members who are neither Union citizens nor United Kingdom nationals shall have the right to reside in the host State under Article 21 TFEU and as set out in Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14, Article 16(2), Article 17(3) or (4) or Article 18 of Directive 2004/38/EC, subject to the limitations and conditions set out in those provisions.

The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.

ARTICLE 17 Status and changes

The right of Union citizens and United Kingdom nationals, and their respective family members, to rely directly on this Part shall not be affected when they change status, for example between student, worker, self-employed person and economically inactive person. Persons who, at the end of the transition period, enjoy a right of residence in their capacity as family members of Union citizens or United Kingdom nationals, cannot become persons referred to in points (a) to (d) of Article 10(1).

The Home Office staff rely on their guidance to make decisions.

The guidance draws upon the (unlawful) definitions in Appendix EU.

Appendix EU is based on The Withdrawal Agreement.

The Withdrawal Agreement borrows heavily from Directive 2004/38.

To understand why the Home Office are wrong to refuse applications from Zambrano carers with leave to remain, requires one to read the Withdrawal Agreement and Directive 2004/38.

The Withdrawal Agreement

TITLE II
RIGHTS AND OBLIGATIONS
CHAPTER 1
RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS

ARTICLE 15 Right of permanent residence

1. Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of 5 years or for the period specified in Article 17 of Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of Directive 2004/38/EC.

Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.

2. Continuity of residence for the purposes of acquisition of the right of permanent residence shall be determined in accordance with Article 16(3) and Article 21 of Directive 2004/38/EC.

3. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.

https://assets.publishing.service.gov.u ... munity.pdf

Directive 2004/38

Article 16
General rule for Union citizens and their family members

Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III.

2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

Article 17
Exemptions for persons no longer working in the host Member State and their family members

Article 18
Acquisition of the right of permanent residence by certain family members who are not nationals of a Member State

Without prejudice to Article 17, the family members of a Union citizen to whom Articles 12(2) and 13(2) apply, who satisfy the conditions laid down therein, shall acquire the right of permanent residence after residing legally for a period of five consecutive years in the host Member State.

https://www.legislation.gov.uk/eudr/2004/38/contents

@Zambrano Ombudsman

Your are perfect with your lines and no qualms,100%

As you have stated, the challenge of the illegality and legality of it.

The HO adopting the Zambrano regulations to EUSS should have been boot to boot but they (HO) added other impediments to disadvantage others.

I mean, Zambrano has evolve and matured in a way that it was going to be bigger than the eu regulations itself due to determination of Right to Reside.

Look at Chen, Carpenter, McCarthy and others are all form of right to reside and having their main sources from Zambrano derivative.

Even look at the recent case law from supreme court, all what they were interested most were

A. Article 7 of the regulations
B. Section 55

Zambrano has now been a human right application when you study the law of precedence sterm out of the ruling if 16 December 2019.

In law all what a good solicitor and/or barrister needs is the loopholes. That is why people get away with murder. Be it Respondent and the appellant.

Laws are there to be interpreted and argued upon.

Let us tell Members to fight for their right through the courts

When in Regulation 16(7)A - says Leave to REMAIN, they mean people who are exempt under 1971 UK domestic immigration law.

We are focusing on people call PSIC which are still seen under eu regulations people who have no right to reside because they are controlled by domestic laws.

The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

Immigration is smuggling something into the rules which doesn't fit for purpose

The word Leave to REMAIN isn't the same as limited leave to REMAIN under normal legal sense.. HO want to downgrade words for their advantage

snooky wrote: ↑

Thu Mar 26, 2020 10:41 am

When in Regulation 16(7)A - says Leave to REMAIN, they mean people who are exempt under 1971 UK domestic immigration law.

We are focusing on people call PSIC which are still seen under eu regulations people who have no right to reside because they are controlled by domestic laws.

The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

Immigration is smuggling something into the rules which doesn't fit for purpose

The word Leave to REMAIN isn't the same as limited leave to REMAIN under normal legal sense.. HO want to downgrade words for their advantage

They are the same thing, both are leave to remain and the person is subject to immigration control. The only time it is different is if it specifically says INDEFINITE leave to remain.

Hi all, PLEASE AND PLEASE, I AM NOT TRYING TO START AN ARGUMENT. I am just ‘INNOCENTLY’ trying to get my head round PARENT OR CARER OF A BRITISH CHILD.

For this EU settlement scheme, we are relying on 2 things PRE-SETTLED STATUS & SETTLED STATUS. For THOSE YEARS we are relying on, SOME of those years or ALL of those years are made up of when we immediately became carers of a British citizen child.

Home Office has given someone on this forum (who has only 2.5yrs ltr) pre-settled status. I remember he stated that in his application he showed evidence of all the money he transfers to his child’s mother his child’s support /upkeep/ maintenance (whatever it is called).

Another person too with 2.5 ltr only was also given a positive decision.

Another person with Zambrano derivative card plus 2.5yrs was also given a positive decision.

If having 2.5 yrs ltr means ‘you are no longer a Zambrano carer or that you have another route to remain and your child will not be compelled to leave the country’ the above 3 scenarios of people given have shown it is not the same for everyone.

We all may be Zambrano carers and some also with 2.5ltr but our individual cases are different.

Some 2.5ltr holders have baby fathers who are workers and healthy and can participate in the child’s upkeep /care but refuse to do it for reasons best known to them.

Some 2.5ltr holders have baby fathers who are disabled or mentally ill, in jail or ... (I don’t know other reasons to put in) who are not working and not participating in the upkeep /care of their children.

Some are also Zambrano carers who have never applied for or applied for but never given a derivative card.

A Zambrano carer can just live in the UK due to his or her EEA2 ZAMBRANO status. The Court of Appeal determined in SANNEH & ORS V SECRETARY OF STATE FOR WORK & PENSIONS (2015) that “she is under no obligation to make any application for formal recognition of this status”.

Therefore, you only want to apply for the derivative card so your employers can see your right to work or so you can have a card to travel.
You may also decide to apply for ltr to potentially get recourse to public funds.

2.5ltr is still leave to remain whether or not it is held by a person who has or already had a 5year derivative card . 2.5ltr is still leave to remain whether or not it is held by a person who doesn’t have or never had a derivative card.

FOR the SETTLED AND PRE SETTLED STATUS the EU Settlement scheme we can rely on 5 years long before, immediately before the application or combination of both. Which means there must be a point on those years we are relying on, that we did not have any leave at all and we were just relying solely on the fact that we have British child / children.


Come to think of it a person with a 5 derivative card is not COMPELLED to leave because the aim of the derivative card is to enable you stay and look after that British citizen child until he/she turns 18. Which means you can only decide to leave the country if the grass is greener else where or for reasons best known to you. Just as the aim of 2.5ltr is to enable someone with 2.5ltr to stay and look after that child. Which means you too can only decide to leave the country if the grass is greener else where or for reasons best known to you. Therefore a British child is a british child whether or not he/she has a British parent and COMPULSION (or whatever it is called) is the same for a British child whether the parents has derivative card or 2.5ltr .

You can’t just expect a baby or a child to just be ‘uprooted’ from his/her mum to a dad who has never been there (whatever reason he has). What happened to best interests of a child?????.

OFCOURSE WE ALL KNOW THAT WITH 5YEARS DERIVATIVE CARD IT IS MORE DIFFICULT GETTING RECOURSE TO PUBLIC FUNDS..... ETC.

Please I am not arguing, just wondering and thinking aloud.

CR001 wrote: ↑

Thu Mar 26, 2020 10:56 am

snooky wrote: ↑

Thu Mar 26, 2020 10:41 am

When in Regulation 16(7)A - says Leave to REMAIN, they mean people who are exempt under 1971 UK domestic immigration law.

We are focusing on people call PSIC which are still seen under eu regulations people who have no right to reside because they are controlled by domestic laws.

The term 'person subject to immigration control' (PSIC) is defined in s. 13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

Immigration is smuggling something into the rules which doesn't fit for purpose

The word Leave to REMAIN isn't the same as limited leave to REMAIN under normal legal sense.. HO want to downgrade words for their advantage

They are the same thing, both are leave to remain and the person is subject to immigration control. The only time it is different is if it specifically says INDEFINITE leave to remain.

Thanks for the correction