Zambrano Settled Status EU settlement scheme Paper Application Form

Mike4cooll wrote: ↑

Sat Nov 02, 2019 3:23 pm

Hi

I have been following this thread for quiet sometime but now About the EU settlement scheme.

I submitted my application for EU settlement since June done my biometrics and got COA but my leave under parent route 2.5 is about to expire this month of November. Do anybody have an idea if it's ok to renew under UK domestic law under parent or partner and if it's going to affect my current application for settlment if I renew under parent/partner as nothing is been heard about those who apply having leave to remain under 2.5. As am a bit confused at the moment

Calling resolution center for application if asked if you got leave they say you not eligible.

Please any idea will be appreciated.

mubashir1981 wrote: ↑

Sat Nov 02, 2019 3:45 pm

snooky wrote: ↑

Sat Nov 02, 2019 8:16 am

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups
Hi snooky
Thanks for ur reply.
My child got registered in july 2019 me and my wife both have no immigration status. Made application 8th aug 2019. Under eu settlment Still no reply. Should i also make application using drf1 form under eu rules as it will give me right of apeal. If they refused my application under eu settlment and brexit happen then i would not able to take to court.
And can i go for judicial review after 4 months as the always says there is no time limit for this application.
Thanks

Hello
Was you child had the british nationality on section 1 (4) of the british nationality Act (by registration) as the child turned 10in the UK

snooky wrote: ↑

Sat Nov 02, 2019 7:10 pm

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EU Settlement Scheme guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

snooky wrote: ↑

Sat Nov 02, 2019 7:25 pm

mubashir1981 wrote: ↑

Sat Nov 02, 2019 3:45 pm

snooky wrote: ↑

Sat Nov 02, 2019 8:16 am

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups
Hi snooky
Thanks for ur reply.
My child got registered in july 2019 me and my wife both have no immigration status. Made application 8th aug 2019. Under eu settlment Still no reply. Should i also make application using drf1 form under eu rules as it will give me right of apeal. If they refused my application under eu settlment and brexit happen then i would not able to take to court.
And can i go for judicial review after 4 months as the always says there is no time limit for this application.
Thanks

Hello
Was you child had the british nationality on section 1 (4) of the british nationality Act (by registration) as the child turned 10in the UK

Yes

mubashir1981 wrote: ↑

Sat Nov 02, 2019 8:41 pm

snooky wrote: ↑

Sat Nov 02, 2019 7:25 pm

mubashir1981 wrote: ↑

Sat Nov 02, 2019 3:45 pm

snooky wrote: ↑

Sat Nov 02, 2019 8:16 am

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups
Hi snooky
Thanks for ur reply.
My child got registered in july 2019 me and my wife both have no immigration status. Made application 8th aug 2019. Under eu settlment Still no reply. Should i also make application using drf1 form under eu rules as it will give me right of apeal. If they refused my application under eu settlment and brexit happen then i would not able to take to court.
And can i go for judicial review after 4 months as the always says there is no time limit for this application.
Thanks

Hello
Was you child had the british nationality on section 1 (4) of the british nationality Act (by registration) as the child turned 10in the UK

Yes

Morning mubashir 1981

You are fine because your british child is not a british by decent and you the parents have the right under Article 20 of TFEU, section 15A.

Should the Home plays their normal crassness by saying this, because Patel vs SSHD is added to the EUSS

You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge it and you are going to win. Reason is Zambrano resorted that by belgium asking the parents to leave, the children would lose their,

deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20.

The provisions of reg. 15A of the Immigration (European Economic Area) Regulations 2006 as amended apply when the effect of removal of the carer of a British citizen renders the British citizen no longer able to reside in the United Kingdom or in another EEA state. This requires the carer to establish as a fact that the British citizen will be forced to leave the territory of the Union.

Read this here
https://moj-tribunals-documents-prod.s3 ... igeria.doc

Hope this will give you smile you are safe.

mubashir1981 wrote: ↑

Sat Nov 02, 2019 8:18 pm

snooky wrote: ↑

Sat Nov 02, 2019 7:10 pm

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EU Settlement Scheme guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

I also have made application for fee waiver as well. Now dont no which application going to processes.

Mike4cooll wrote: ↑

Sun Nov 03, 2019 1:00 pm

Thanks for your reply. Just unfortunate to technically withdraw the first application

snooky wrote: ↑

Sun Nov 03, 2019 9:20 am

mubashir1981 wrote: ↑

Sat Nov 02, 2019 8:18 pm

snooky wrote: ↑

Sat Nov 02, 2019 7:10 pm

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EU Settlement Scheme guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

I also have made application for fee waiver as well. Now dont no which application going to processes.

Morning

As I have said to you from the onset, the main caseworkers' guidance for EU Settlement Scheme page 31, paragraph 1 clearly states this

Applicationpending under the EU Settlement Scheme(Variations)

If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

This means that, you have technically redrew your first application (the settled status application) by virtue of elimination by substitution.

The only application that can be upheld is making EEA application whilst having settled status application on-going. The work co-currently. They dont overlap each other. You can have the two at the same time by virtue of paragraph 31 of the main caseworkers' guidance paragraph 3. Quote and unquote

Application made under the EU Settlement Scheme and the Immigration (European EconomicArea)
Regulations 2016

An applicant can hold status under the EU Settlement Scheme and a document under the Immigration (European Economic Area) Regulations 2016. If an applicant applies under one while they have an application pending under the other, you must process both applications and retain any fee that was paid for the application under the EEA Regulations.

Sorry

snooky wrote: ↑

Fri Nov 01, 2019 8:46 pm

Hi Everyone
I have been following all your post for a very long time and just want to add a bit of encouragement to peoples faith

I applied to renew my Zambrano in February this year as my 5 years was coming to an end in March.

This was refused in June after Home Office misinterpretated and/or misreprented the guidance of Patel vs SSHD.

Though I have lived as a Zambrano derivative for 5 years, I chose to appeal as my refusal granted me such honourable opportunity.

The good news came yesterday when I took my chance at the first tier immigration appeal court at
Taylor House, 88 Rosebery Ave, Islington, London EC1R 4QU.

I argued against the interpretation of Patel vs SSHD guidance which is incompatible with Article 20 of TFEU section 15A and paragraph 42 of Patel case.

The Judge acknowledge that blanket guidance was totally wrong and not compatible with the law of EU and especially when non of the parents has no Leave, it brings compulsion and also force the british citizen children to leave the UK and EU.

My appeal was allowed meaning I WON AGAINST THE HOME OFFICE yesterday. They even failed to as the Respondent to appear before the Judge.

I won and still Waiting for my settled status application which has been with them for 5 months.

Now I would advice anyone who has been refused to challenge the Hom Office because the Judges are not with them and Patel case has gone back to Court for review.

I won and Home Office lost

snooky wrote: ↑

Sat Nov 02, 2019 8:16 am

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups

Topsibelle wrote: ↑

Mon Nov 04, 2019 12:32 pm

snooky wrote: ↑

Sat Nov 02, 2019 8:16 am

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups

OMG I'm really in love with you.

Thank you very much for this. Loads of us on here need this.

They refused my Zambrano based on the same rubbish as you and l appealed. My appeal date is sometime this week, fortunately for them l applied for the settlement scheme and got the settled status so will not be going to court.

Again thank you. We rise by lifting others up.

mubashir1981 wrote: ↑

Wed Nov 06, 2019 10:32 am

Looks like home office put all zambrano application on side and decided not go give decision on it.

snooky wrote: ↑

Wed Nov 06, 2019 12:32 pm

mubashir1981 wrote: ↑

Wed Nov 06, 2019 10:32 am

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

mubashir1981 wrote: ↑

Wed Nov 06, 2019 5:01 pm

snooky wrote: ↑

Wed Nov 06, 2019 12:32 pm

mubashir1981 wrote: ↑

Wed Nov 06, 2019 10:32 am

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

mubashir1981 wrote: ↑

Wed Nov 06, 2019 5:01 pm

snooky wrote: ↑

Wed Nov 06, 2019 12:32 pm

[quote=mubashir1981

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

If you have a disabled child then you can apply under exceptional circumstance.

mubashir1981 wrote: ↑

Wed Nov 06, 2019 5:01 pm

snooky wrote: ↑

Wed Nov 06, 2019 12:32 pm

mubashir1981 wrote: ↑

Wed Nov 06, 2019 10:32 am

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

silverkey wrote: ↑

Wed Nov 06, 2019 5:19 pm

mubashir1981 wrote: ↑

Wed Nov 06, 2019 5:01 pm

snooky wrote: ↑

Wed Nov 06, 2019 12:32 pm

mubashir1981 wrote: ↑

Wed Nov 06, 2019 10:32 am

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

Hi mubashir1981, can you tell me how long, how many months it took for the home office to make a dissuasion on your fee waiver application?

mubashir1981 wrote: ↑

Wed Nov 06, 2019 5:30 pm

I submited 17 Sept received letter 2day dated 30oct.