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Zambrano Settled Status EU settlement scheme Paper Application Form

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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mubashir1981
Member of Standing
Posts: 285
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Mon Nov 25, 2019 11:37 am

Topsibelle wrote:
Mon Nov 25, 2019 10:50 am
snooky wrote:
Sun Nov 24, 2019 8:13 pm
Stace18 wrote:
Sun Nov 24, 2019 7:07 pm
Pls someone help me with an answer,are those of you getting presettled or settled status especially Chen carers,are you allowed recourse to public funds or not?
Hello Stace18

To your question about benefits.

1. With settled status, you are allowed any benefits as far as you meet the condition. Remember benefits are means tested.

2. Pre settled status holders are not allowed to draw means tested benefits but only contributory benefits.

But under the EEA Regulations, someone derivative holders can take benefits if your Zambrano is not on british citizen child.

Big ups
Nah Snooky, it's not true. You are entitled to benefits when you are granted either settled or pre settled depending on your circumstances. Yes it is means tested.

Your rights with settled or pre-settled status

You’ll be able to:

work in the UK use the NHS for free as you do now enrol in education or continue studying, acess public funds such as benefits and pensions, if you’re eligible for them travel in and out of the UK.
Hi Topsilbele

Snooke is right. If anybody have pre settle staus as zambrano is not entitled for mainstream benefit.
Nither on drv card nor pre settle status.
Amendment 2019 made to continued to apply same rules.

http://taxnews.lexisnexis.co.uk/TaxNews ... ss=1&xml=0

Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019
 Purpose of the instrument

2.1 This instrument makes amendments to Child Benefit and Child Tax Credits regulations, to clarify that the existing rules on access to Child Benefit and Child Tax Credit remain in place for EEA (European Economic Area) and Swiss nationals and for Zambrano carers (non-United Kingdom, non-EEA citizen primary carers of a British citizen child, or adult dependant) who are granted limited leave to enter or remain under the EU Settlement Scheme (the EUSS). The EUSS is the new immigration scheme for EEA and Swiss nationals in the UK (United Kingdom) when the UK leaves the EU (European Union).
Legislative Context

6.1 Under existing legislation, individuals who wish to claim Child Benefit or Child Tax Credit must be:

present in the UK;ordinarily resident in the UK; andhave a right to reside in the UK.
6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

I just copy past relevent information.

U can apply for benefit but hmrc will tell on pre settle zambrano u cannot get.

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Mon Nov 25, 2019 11:46 am

Topsibelle wrote:
Mon Nov 25, 2019 10:50 am
snooky wrote:
Sun Nov 24, 2019 8:13 pm
Stace18 wrote:
Sun Nov 24, 2019 7:07 pm
Pls someone help me with an answer,are those of you getting presettled or settled status especially Chen carers,are you allowed recourse to public funds or not?
Hello Stace18

To your question about benefits.

1. With settled status, you are allowed any benefits as far as you meet the condition. Remember benefits are means tested.

2. Pre settled status holders are not allowed to draw means tested benefits but only contributory benefits.

But under the EEA Regulations, someone derivative holders can take benefits if your Zambrano is not on british citizen child.

Big ups
Nah Snooky, it's not true. You are entitled to benefits when you are granted either settled or pre settled depending on your circumstances. Yes it is means tested.

Your rights with settled or pre-settled status

You’ll be able to:

work in the UK use the NHS for free as you do now enrol in education or continue studying, acess public funds such as benefits and pensions, if you’re eligible for them travel in and out of the UK.
Topsibelle

https//www.turn2us.org.uk/Benefit-guides/Right ... tus-Scheme

Go to settled status scheme and benefits

Anyway how are you sending time without immigration duress?

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 12:13 pm

mubashir1981 wrote:
Mon Nov 25, 2019 11:37 am
Topsibelle wrote:
Mon Nov 25, 2019 10:50 am
snooky wrote:
Sun Nov 24, 2019 8:13 pm
Stace18 wrote:
Sun Nov 24, 2019 7:07 pm
Pls someone help me with an answer,are those of you getting presettled or settled status especially Chen carers,are you allowed recourse to public funds or not?
Hello Stace18

To your question about benefits.

1. With settled status, you are allowed any benefits as far as you meet the condition. Remember benefits are means tested.

2. Pre settled status holders are not allowed to draw means tested benefits but only contributory benefits.

But under the EEA Regulations, someone derivative holders can take benefits if your Zambrano is not on british citizen child.

Big ups
Nah Snooky, it's not true. You are entitled to benefits when you are granted either settled or pre settled depending on your circumstances. Yes it is means tested.

Your rights with settled or pre-settled status

You’ll be able to:

work in the UK use the NHS for free as you do now enrol in education or continue studying, acess public funds such as benefits and pensions, if you’re eligible for them travel in and out of the UK.
Hi Topsilbele

Snooke is right. If anybody have pre settle staus as zambrano is not entitled for mainstream benefit.
Nither on drv card nor pre settle status.
Amendment 2019 made to continued to apply same rules.

http://taxnews.lexisnexis.co.uk/TaxNews ... ss=1&xml=0

Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019
 Purpose of the instrument

2.1 This instrument makes amendments to Child Benefit and Child Tax Credits regulations, to clarify that the existing rules on access to Child Benefit and Child Tax Credit remain in place for EEA (European Economic Area) and Swiss nationals and for Zambrano carers (non-United Kingdom, non-EEA citizen primary carers of a British citizen child, or adult dependant) who are granted limited leave to enter or remain under the EU Settlement Scheme (the EU Settlement Scheme). The EU Settlement Scheme is the new immigration scheme for EEA and Swiss nationals in the UK (United Kingdom) when the UK leaves the EU (European Union).
Legislative Context

6.1 Under existing legislation, individuals who wish to claim Child Benefit or Child Tax Credit must be:

present in the UK;ordinarily resident in the UK; andhave a right to reside in the UK.
6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

I just copy past relevent information.

U can apply for benefit but hmrc will tell on pre settle zambrano u cannot get.
Oh wow l need to read it up properly as it is contradictory.

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 12:15 pm

snooky wrote:
Mon Nov 25, 2019 11:46 am
Topsibelle wrote:
Mon Nov 25, 2019 10:50 am
snooky wrote:
Sun Nov 24, 2019 8:13 pm
Stace18 wrote:
Sun Nov 24, 2019 7:07 pm
Pls someone help me with an answer,are those of you getting presettled or settled status especially Chen carers,are you allowed recourse to public funds or not?
Hello Stace18

To your question about benefits.

1. With settled status, you are allowed any benefits as far as you meet the condition. Remember benefits are means tested.

2. Pre settled status holders are not allowed to draw means tested benefits but only contributory benefits.

But under the EEA Regulations, someone derivative holders can take benefits if your Zambrano is not on british citizen child.

Big ups
Nah Snooky, it's not true. You are entitled to benefits when you are granted either settled or pre settled depending on your circumstances. Yes it is means tested.

Your rights with settled or pre-settled status

You’ll be able to:

work in the UK use the NHS for free as you do now enrol in education or continue studying, acess public funds such as benefits and pensions, if you’re eligible for them travel in and out of the UK.
Topsibelle

https//www.turn2us.org.uk/Benefit-guides/Right ... tus-Scheme

Go to settled status scheme and benefits

Anyway how are you sending time without immigration duress?
My friend I feel so free honestly, freedom is underrated.

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Mon Nov 25, 2019 2:02 pm

Topsibelle wrote:
Mon Nov 25, 2019 12:13 pm
mubashir1981 wrote:
Mon Nov 25, 2019 11:37 am
Topsibelle wrote:
Mon Nov 25, 2019 10:50 am
snooky wrote:
Sun Nov 24, 2019 8:13 pm


Hello Stace18

To your question about benefits.

1. With settled status, you are allowed any benefits as far as you meet the condition. Remember benefits are means tested.

2. Pre settled status holders are not allowed to draw means tested benefits but only contributory benefits.

But under the EEA Regulations, someone derivative holders can take benefits if your Zambrano is not on british citizen child.

Big ups
Nah Snooky, it's not true. You are entitled to benefits when you are granted either settled or pre settled depending on your circumstances. Yes it is means tested.

Your rights with settled or pre-settled status

You’ll be able to:

work in the UK use the NHS for free as you do now enrol in education or continue studying, acess public funds such as benefits and pensions, if you’re eligible for them travel in and out of the UK.
Hi Topsilbele

Snooke is right. If anybody have pre settle staus as zambrano is not entitled for mainstream benefit.
Nither on drv card nor pre settle status.
Amendment 2019 made to continued to apply same rules.

http://taxnews.lexisnexis.co.uk/TaxNews ... ss=1&xml=0

Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019
 Purpose of the instrument

2.1 This instrument makes amendments to Child Benefit and Child Tax Credits regulations, to clarify that the existing rules on access to Child Benefit and Child Tax Credit remain in place for EEA (European Economic Area) and Swiss nationals and for Zambrano carers (non-United Kingdom, non-EEA citizen primary carers of a British citizen child, or adult dependant) who are granted limited leave to enter or remain under the EU Settlement Scheme (the EU Settlement Scheme). The EU Settlement Scheme is the new immigration scheme for EEA and Swiss nationals in the UK (United Kingdom) when the UK leaves the EU (European Union).
Legislative Context

6.1 Under existing legislation, individuals who wish to claim Child Benefit or Child Tax Credit must be:

present in the UK;ordinarily resident in the UK; andhave a right to reside in the UK.
6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

I just copy past relevent information.

U can apply for benefit but hmrc will tell on pre settle zambrano u cannot get.
Oh wow l need to read it up properly as it is contradictory.
Hi
Oh wow l need to read it up properly as it is contradictory.

Yeah it is tricky.

When the amended laws came in under HC1919, it was a blanket policy on benefits, but asual, they had to rush through subsequent bylaws which when enacted excluded Zambrano carers and other derivative holders out.

But remember, under the EEA Regulations, someone derivative holders and Zambrano carers (zambrano carers whose EEA EU citizen is not british) can take benefits untill 31st December 2020 when we leave without a deal or June 2021 when we leave the EU with a deal.

Again we want to Thank You very much for puttting up this thread. It has enriched a lot of people and hope you will stay on with us until the fight with Home Office is over

Regards

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 2:29 pm

Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.

mubashir1981
Member of Standing
Posts: 285
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Mon Nov 25, 2019 4:00 pm

Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.

If u r continue to entitles child benefit as u do now as have ind leave to remain they will start deduction from there.

People who get zambrano reside not entitled for benefits. Yes chen carers can claim as they r not excluded.
That is why I made fee waiver application.

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 4:14 pm

mubashir1981 wrote:
Mon Nov 25, 2019 4:00 pm
Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.

If u r continue to entitles child benefit as u do now as have ind leave to remain they will start deduction from there.

People who get zambrano reside not entitled for benefits. Yes chen carers can claim as they r not excluded.
That is why I made fee waiver application.
It is dumb and discriminatory. British citizens are not entitled to child benefit just because where their parents are born. EU citizens are entitled to child benefits regardless of where they are born.
Stupid law!

mubashir1981
Member of Standing
Posts: 285
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Mon Nov 25, 2019 4:49 pm

Topsibelle wrote:
Mon Nov 25, 2019 4:14 pm
mubashir1981 wrote:
Mon Nov 25, 2019 4:00 pm
Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.

If u r continue to entitles child benefit as u do now as have ind leave to remain they will start deduction from there.

People who get zambrano reside not entitled for benefits. Yes chen carers can claim as they r not excluded.
That is why I made fee waiver application.
It is dumb and discriminatory. British citizens are not entitled to child benefit just because where their parents are born. EU citizens are entitled to child benefits regardless of where they are born.
Stupid law!
True that was challenged in court of appeal as discrimination with British child with other british child but judge said its not discrimination u can relay on section 17 child act support which is only available if u r homeless or nill income.

And yes b4 nov 2012 it was allowed then new torry gov made amendment to stop benefit for zambrano in july 2012.

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Mon Nov 25, 2019 5:16 pm

Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.
Topsibelle

Snooky here, I believe many people have explain it to you. To understand these laws you first have understand Section 115 of the Immigration and Asylum Act. This is a domestic UK immigration statute law which was first used to discriminate Zambrano derivative carers.

When it finally came to court, lady Hale who has been a champion for children by enacting, best interest of a child, every child matters policy under ZH Tanzanian case submitted to section 17 social Act.

Technically Zambrano have a right to reside under Sanneh case but Home Office has excluded Zambrano from bylaws under domestic laws.

But now that settled status is on, the right of Zambrano has been re-enshrine so Thank God

Darasimidd
Junior Member
Posts: 86
Joined: Wed Jul 31, 2019 10:25 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Darasimidd » Mon Nov 25, 2019 6:09 pm

snooky wrote:
Mon Nov 25, 2019 5:16 pm
Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.
Topsibelle

Snooky here, I believe many people have explain it to you. To understand these laws you first have understand Section 115 of the Immigration and Asylum Act. This is a domestic UK immigration statute law which was first used to discriminate Zambrano derivative carers.

When it finally came to court, lady Hale who has been a champion for children by enacting, best interest of a child, every child matters policy under ZH Tanzanian case submitted to section 17 social Act.

Technically Zambrano have a right to reside under Sanneh case but Home Office has excluded Zambrano from bylaws under domestic laws.

But now that settled status is on, the right of Zambrano has been re-enshrine so Thank God
I have 2.5 years leave to remain due to expire next month. I applied for pre settled status in June and still waiting for decision. I am on full benefit because I look after my disabled child. I'm in the process of applying for application fee waiver pending eu settlement decision.

Now my question is if my pre settled decision come out positive, can I still continue with my 2.5 year leave to remain application?
The reason is because if I am be allowed public funds under the pre settled status, it will affect my disabled child. I'm just confused because I have to submit my fee waiver form this week. I don't know what to do to be honest

Someone please advise me

ada4msd
Junior Member
Posts: 79
Joined: Tue Sep 17, 2013 10:30 am
Location: London
Contact:

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by ada4msd » Mon Nov 25, 2019 6:32 pm

Hello Everyone, good to be back.
Big Congratulations to everyone that's got their Pre settled and settled status and for those still waiting...not long from now, it will be all over.
To help throw light to some issues raised above from personal experiences

British Citizenship:
For children born in the UK, if any of their parents has ILR can apply using form Mn1, (check out that thread),
I have applied and still waiting for their response.
For Benefits: initially when I got my Zambrano Leave, I applied for tax, working and child benefit and was awarded and just like Topsy, I was asked to repay back which I paid back over the years.
Now I have been awarded child benefits for my other children without awarding me for my British child. Their reason when I called them was, they are yet to decide on what to award him.
Meanwhile, a case has just been decided by the supreme Court in Ireland about an Irish child citizen whose mum was not given child benefit when the mum applied because the mum had restrictions on her leave. The supreme Court ruled is discrimination against the Irish citizen child as the specific benefit is for the child not the mum though it is the that collects. Nobody knows if this ruling will be challenged further and I await for their decision for my British child benefit.
Sorry for the sooo long a story, I think it might help someone.
GOD IS ABLE

mubashir1981
Member of Standing
Posts: 285
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Mon Nov 25, 2019 6:45 pm

Darasimidd wrote:
Mon Nov 25, 2019 6:09 pm
snooky wrote:
Mon Nov 25, 2019 5:16 pm
Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.
Topsibelle

Snooky here, I believe many people have explain it to you. To understand these laws you first have understand Section 115 of the Immigration and Asylum Act. This is a domestic UK immigration statute law which was first used to discriminate Zambrano derivative carers.

When it finally came to court, lady Hale who has been a champion for children by enacting, best interest of a child, every child matters policy under ZH Tanzanian case submitted to section 17 social Act.

Technically Zambrano have a right to reside under Sanneh case but Home Office has excluded Zambrano from bylaws under domestic laws.

But now that settled status is on, the right of Zambrano has been re-enshrine so Thank God
I have 2.5 years leave to remain due to expire next month. I applied for pre settled status in June and still waiting for decision. I am on full benefit because I look after my disabled child. I'm in the process of applying for application fee waiver pending eu settlement decision.

Now my question is if my pre settled decision come out positive, can I still continue with my 2.5 year leave to remain application?
The reason is because if I am be allowed public funds under the pre settled status, it will affect my disabled child. I'm just confused because I have to submit my fee waiver form this week. I don't know what to do to be honest

Someone please advise me
If ur fee waver accepted and u make renewal application for ur current Leave to remain ur Eu application will not b consider anymore. U can have only one status under uk law. If u get pre settle u wont able to claim anymore and later they will ask u to pay back so b care full. Good luck read page 31 of euss guideance notes

ada4msd
Junior Member
Posts: 79
Joined: Tue Sep 17, 2013 10:30 am
Location: London
Contact:

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by ada4msd » Mon Nov 25, 2019 6:55 pm

Not too sure but what I can add is that Disability Allowance is entitled on its own right not based on parents Leave Status, for the other benefits I don't know. Then if you were awarded them when you had 2.5years, you might qualify for them when you get your EU leave. They might reassess your situation, just thinking :?:
GOD IS ABLE

Misha2001
Newly Registered
Posts: 3
Joined: Sat Nov 23, 2019 2:06 am
Ukraine

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Misha2001 » Mon Nov 25, 2019 6:57 pm

Thank you for your replies. But i still don't get it. Sorry guys....My kids were born in UK, 5 year old has DRC for 5 years (ends december) and 2 year old DRC for 1.5 years. We all derived from my eldest daughter who is British. So, few days ago myself and my wife got ILR under Zambrano (they clearly state it at the back of BRC). Can I apply for both of my kids for Citizenship? Or I have to wait for a year to do so? Or they should apply for settled status first? Thank you for your help....

ada4msd
Junior Member
Posts: 79
Joined: Tue Sep 17, 2013 10:30 am
Location: London
Contact:

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by ada4msd » Mon Nov 25, 2019 7:11 pm

Hi Misha2001,
Congratulations to you.
I took a leap of faith to make the application. The money taken, biometrics done and confirmation of application received. Waiting for a positive answer, as their policy says if any of the parents has ILR and kids born in the UK. But for myself to apply citizenship, it will be after 12 months from my understanding.
There is another thread that deals with citizenship, check it out.
GOD IS ABLE

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 7:20 pm

Misha2001 wrote:
Mon Nov 25, 2019 6:57 pm
Thank you for your replies. But i still don't get it. Sorry guys....My kids were born in UK, 5 year old has DRC for 5 years (ends december) and 2 year old DRC for 1.5 years. We all derived from my eldest daughter who is British. So, few days ago myself and my wife got ILR under Zambrano (they clearly state it at the back of BRC). Can I apply for both of my kids for Citizenship? Or I have to wait for a year to do so? Or they should apply for settled status first? Thank you for your help....
There are many ways to this:
1. They were born in the UK but not to British citizens and at the time of their birth, you were undocumented. As they have DRC, you can apply for them to have pre settled, and wait for them to have settled status, and then wait the mandatory one year to apply for British citizenship for them with form MN1.

2. You wait till they are 10 and apply for naturalisation on MN1 form for them.

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 7:21 pm

Topsibelle wrote:
Mon Nov 25, 2019 7:20 pm
Misha2001 wrote:
Mon Nov 25, 2019 6:57 pm
Thank you for your replies. But i still don't get it. Sorry guys....My kids were born in UK, 5 year old has DRC for 5 years (ends december) and 2 year old DRC for 1.5 years. We all derived from my eldest daughter who is British. So, few days ago myself and my wife got ILR under Zambrano (they clearly state it at the back of BRC). Can I apply for both of my kids for Citizenship? Or I have to wait for a year to do so? Or they should apply for settled status first? Thank you for your help....
There are many ways to this:
1. They were born in the UK but not to British citizens and at the time of their birth, you were undocumented. As they have DRC, you can apply for them to have pre settled, and wait for them to have settled status, and then wait the mandatory one year to apply for British citizenship for them with form MN1.

2. You wait till they are 10 and apply for naturalisation on MN1 form for them.
I meant registration and not naturalisation as they were born in the UK.

Darasimidd
Junior Member
Posts: 86
Joined: Wed Jul 31, 2019 10:25 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Darasimidd » Mon Nov 25, 2019 7:27 pm

mubashir1981 wrote:
Mon Nov 25, 2019 6:45 pm
Darasimidd wrote:
Mon Nov 25, 2019 6:09 pm
snooky wrote:
Mon Nov 25, 2019 5:16 pm
Topsibelle wrote:
Mon Nov 25, 2019 2:29 pm
Ain't going no where 😁 Snooky.

Explain this section to me pls

6.4 Regulation 23 and 27 of the Child Benefit (General) Regulations 2006 (SI 2006/223), currently provide that an individual who does not have a right to reside, or who has a right to reside only as a Zambrano carer, is not treated as being within Great Britain or Northern Ireland for the purposes of claiming Child Benefit.

When l got my DRF under Zambrano in 2014, l applied for child benefits and did get it. However, a year down the line, they said l am not entitled and asked that l pay back over £4000 which l completely ignored.
Topsibelle

Snooky here, I believe many people have explain it to you. To understand these laws you first have understand Section 115 of the Immigration and Asylum Act. This is a domestic UK immigration statute law which was first used to discriminate Zambrano derivative carers.

When it finally came to court, lady Hale who has been a champion for children by enacting, best interest of a child, every child matters policy under ZH Tanzanian case submitted to section 17 social Act.

Technically Zambrano have a right to reside under Sanneh case but Home Office has excluded Zambrano from bylaws under domestic laws.

But now that settled status is on, the right of Zambrano has been re-enshrine so Thank God
I have 2.5 years leave to remain due to expire next month. I applied for pre settled status in June and still waiting for decision. I am on full benefit because I look after my disabled child. I'm in the process of applying for application fee waiver pending eu settlement decision.

Now my question is if my pre settled decision come out positive, can I still continue with my 2.5 year leave to remain application?
The reason is because if I am be allowed public funds under the pre settled status, it will affect my disabled child. I'm just confused because I have to submit my fee waiver form this week. I don't know what to do to be honest

Someone please advise me
If ur fee waver accepted and u make renewal application for ur current Leave to remain ur Eu application will not b consider anymore. U can have only one status under uk law. If u get pre settle u wont able to claim anymore and later they will ask u to pay back so b care full. Good luck read page 31 of EU Settlement Scheme guideance notes
Thanks for your response. To be honest I have a lot I'm dealing with at the moment, there is no way I'm able to work full time now with my child condition.
Just in case home office grant me pre settled status (no recourse to public funds) while waiting for fee waiver decision, can I still make my 2.5 year leave to remain application?

Although I would have loved to have my pre settled, which is quicker to get my indefinite leave but I am alone with a child that needs 24/7 care, there is no way I can go back to full time work now. I sent all the medical reports and letter from support worker with my application.

I'm sorry for the long post

Billyosa
Junior Member
Posts: 61
Joined: Sun Sep 01, 2019 7:18 am
Ghana

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Billyosa » Mon Nov 25, 2019 8:02 pm

Misha2001 wrote:
Mon Nov 25, 2019 6:57 pm
Thank you for your replies. But i still don't get it. Sorry guys....My kids were born in UK, 5 year old has DRC for 5 years (ends december) and 2 year old DRC for 1.5 years. We all derived from my eldest daughter who is British. So, few days ago myself and my wife got ILR under Zambrano (they clearly state it at the back of BRC). Can I apply for both of my kids for Citizenship? Or I have to wait for a year to do so? Or they should apply for settled status first? Thank you for your help....
Congratulations on your settled status.
Unfortunately you have to wait for a year with no criminal records before you can qualify for naturalisation as a British citizen...

Billyosa
Junior Member
Posts: 61
Joined: Sun Sep 01, 2019 7:18 am
Ghana

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Billyosa » Mon Nov 25, 2019 8:06 pm

Topsibelle wrote:
Mon Nov 25, 2019 7:20 pm
Misha2001 wrote:
Mon Nov 25, 2019 6:57 pm
Thank you for your replies. But i still don't get it. Sorry guys....My kids were born in UK, 5 year old has DRC for 5 years (ends december) and 2 year old DRC for 1.5 years. We all derived from my eldest daughter who is British. So, few days ago myself and my wife got ILR under Zambrano (they clearly state it at the back of BRC). Can I apply for both of my kids for Citizenship? Or I have to wait for a year to do so? Or they should apply for settled status first? Thank you for your help....
There are many ways to this:
1. They were born in the UK but not to British citizens and at the time of their birth, you were undocumented. As they have DRC, you can apply for them to have pre settled, and wait for them to have settled status, and then wait the mandatory one year to apply for British citizenship for them with form MN1.

2. You wait till they are 10 and apply for naturalisation on MN1 form for them.
You use Form T for the 10 year registration..

Billyosa
Junior Member
Posts: 61
Joined: Sun Sep 01, 2019 7:18 am
Ghana

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Billyosa » Mon Nov 25, 2019 8:17 pm

Darasimidd wrote:
Mon Nov 25, 2019 7:27 pm
mubashir1981 wrote:
Mon Nov 25, 2019 6:45 pm
Darasimidd wrote:
Mon Nov 25, 2019 6:09 pm
snooky wrote:
Mon Nov 25, 2019 5:16 pm


Topsibelle

Snooky here, I believe many people have explain it to you. To understand these laws you first have understand Section 115 of the Immigration and Asylum Act. This is a domestic UK immigration statute law which was first used to discriminate Zambrano derivative carers.

When it finally came to court, lady Hale who has been a champion for children by enacting, best interest of a child, every child matters policy under ZH Tanzanian case submitted to section 17 social Act.

Technically Zambrano have a right to reside under Sanneh case but Home Office has excluded Zambrano from bylaws under domestic laws.

But now that settled status is on, the right of Zambrano has been re-enshrine so Thank God
I have 2.5 years leave to remain due to expire next month. I applied for pre settled status in June and still waiting for decision. I am on full benefit because I look after my disabled child. I'm in the process of applying for application fee waiver pending eu settlement decision.

Now my question is if my pre settled decision come out positive, can I still continue with my 2.5 year leave to remain application?
The reason is because if I am be allowed public funds under the pre settled status, it will affect my disabled child. I'm just confused because I have to submit my fee waiver form this week. I don't know what to do to be honest

Someone please advise me
If ur fee waver accepted and u make renewal application for ur current Leave to remain ur Eu application will not b consider anymore. U can have only one status under uk law. If u get pre settle u wont able to claim anymore and later they will ask u to pay back so b care full. Good luck read page 31 of EU Settlement Scheme guideance notes
Thanks for your response. To be honest I have a lot I'm dealing with at the moment, there is no way I'm able to work full time now with my child condition.
Just in case home office grant me pre settled status (no recourse to public funds) while waiting for fee waiver decision, can I still make my 2.5 year leave to remain application?

Although I would have loved to have my pre settled, which is quicker to get my indefinite leave but I am alone with a child that needs 24/7 care, there is no way I can go back to full time work now. I sent all the medical reports and letter from support worker with my application.

I'm sorry for the long post
Hi Darasimidd my worry for you is if you allow your 2.5 Visa run out without renewing it , you will need to start all over again. When did your daughter became a British citizen? Going through the EU route will be quicker though but how would you cope without those support you have been receiving?

Topsibelle
Member
Posts: 198
Joined: Fri Nov 01, 2013 11:27 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Topsibelle » Mon Nov 25, 2019 8:20 pm

Billyosa wrote:
Mon Nov 25, 2019 8:17 pm
Darasimidd wrote:
Mon Nov 25, 2019 7:27 pm
mubashir1981 wrote:
Mon Nov 25, 2019 6:45 pm
Darasimidd wrote:
Mon Nov 25, 2019 6:09 pm


I have 2.5 years leave to remain due to expire next month. I applied for pre settled status in June and still waiting for decision. I am on full benefit because I look after my disabled child. I'm in the process of applying for application fee waiver pending eu settlement decision.

Now my question is if my pre settled decision come out positive, can I still continue with my 2.5 year leave to remain application?
The reason is because if I am be allowed public funds under the pre settled status, it will affect my disabled child. I'm just confused because I have to submit my fee waiver form this week. I don't know what to do to be honest

Someone please advise me
If ur fee waver accepted and u make renewal application for ur current Leave to remain ur Eu application will not b consider anymore. U can have only one status under uk law. If u get pre settle u wont able to claim anymore and later they will ask u to pay back so b care full. Good luck read page 31 of EU Settlement Scheme guideance notes
Thanks for your response. To be honest I have a lot I'm dealing with at the moment, there is no way I'm able to work full time now with my child condition.
Just in case home office grant me pre settled status (no recourse to public funds) while waiting for fee waiver decision, can I still make my 2.5 year leave to remain application?

Although I would have loved to have my pre settled, which is quicker to get my indefinite leave but I am alone with a child that needs 24/7 care, there is no way I can go back to full time work now. I sent all the medical reports and letter from support worker with my application.

I'm sorry for the long post
Hi Darasimidd my worry for you is if you allow your 2.5 Visa run out without renewing it , you will need to start all over again. When did your daughter became a British citizen? Going through the EU route will be quicker though but how would you cope without those support you have been receiving?
I'd advise you stay on the 2.5 years bc you really need the benefits. What if settlement scheme comes back and refuse you and the window to apply for waiver for 2.5 years is gone?

Darasimidd
Junior Member
Posts: 86
Joined: Wed Jul 31, 2019 10:25 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Darasimidd » Mon Nov 25, 2019 8:58 pm

Billyosa wrote:
Mon Nov 25, 2019 8:17 pm
Darasimidd wrote:
Mon Nov 25, 2019 7:27 pm
mubashir1981 wrote:
Mon Nov 25, 2019 6:45 pm
Darasimidd wrote:
Mon Nov 25, 2019 6:09 pm


I have 2.5 years leave to remain due to expire next month. I applied for pre settled status in June and still waiting for decision. I am on full benefit because I look after my disabled child. I'm in the process of applying for application fee waiver pending eu settlement decision.

Now my question is if my pre settled decision come out positive, can I still continue with my 2.5 year leave to remain application?
The reason is because if I am be allowed public funds under the pre settled status, it will affect my disabled child. I'm just confused because I have to submit my fee waiver form this week. I don't know what to do to be honest

Someone please advise me
If ur fee waver accepted and u make renewal application for ur current Leave to remain ur Eu application will not b consider anymore. U can have only one status under uk law. If u get pre settle u wont able to claim anymore and later they will ask u to pay back so b care full. Good luck read page 31 of EU Settlement Scheme guideance notes
Thanks for your response. To be honest I have a lot I'm dealing with at the moment, there is no way I'm able to work full time now with my child condition.
Just in case home office grant me pre settled status (no recourse to public funds) while waiting for fee waiver decision, can I still make my 2.5 year leave to remain application?

Although I would have loved to have my pre settled, which is quicker to get my indefinite leave but I am alone with a child that needs 24/7 care, there is no way I can go back to full time work now. I sent all the medical reports and letter from support worker with my application.

I'm sorry for the long post
Hi Darasimidd my worry for you is if you allow your 2.5 Visa run out without renewing it , you will need to start all over again. When did your daughter became a British citizen? Going through the EU route will be quicker though but how would you cope without those support you have been receiving?
Thanks for your response. My daughter became a British citizen in 2016, I've started my fee waiver application for my 2.5 year leave to remain application. I will be submitting it this week, I'm just waiting for a medical reports. I called eu settlement resolution to cancel the application in September but the manager kind of convinced me that it will not affect my benefit because I already get it. I honestly don't want to take any chances again.

Thank you all for your supports

Billyosa
Junior Member
Posts: 61
Joined: Sun Sep 01, 2019 7:18 am
Ghana

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Billyosa » Mon Nov 25, 2019 9:18 pm

Darasimidd wrote:
Mon Nov 25, 2019 8:58 pm
Billyosa wrote:
Mon Nov 25, 2019 8:17 pm
Darasimidd wrote:
Mon Nov 25, 2019 7:27 pm
mubashir1981 wrote:
Mon Nov 25, 2019 6:45 pm


If ur fee waver accepted and u make renewal application for ur current Leave to remain ur Eu application will not b consider anymore. U can have only one status under uk law. If u get pre settle u wont able to claim anymore and later they will ask u to pay back so b care full. Good luck read page
Thanks for your response. My daughter became a British citizen in 2016, I've started my fee waiver application for my 2.5 year leave to remain application. I will be submitting it this week, I'm just waiting for a medical reports. I called eu settlement resolution to cancel the application in September but the manager kind of convinced me that it will not affect my benefit because I already get it. I honestly don't want to take any chances again.

Thank you all for your supports
That means if you are granted a pre settled status you will qualify for a settled status in 2 years time God willing.. which is not bad as compared to 7.5 years ahead... it's a dilemma and I feel for you... I will advise you to postpone the EU settlement scheme for next year and investigate on the benefits aspect of it. You still have Dec 2020 to apply and it won't make any difference if you wait for next year....
Good luck

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