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Zambrano Settled Status EU settlement scheme Paper Application Form

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

snooky
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Thu Nov 28, 2019 1:54 pm

Obie wrote:
Thu Nov 28, 2019 12:49 pm
The Home Office is acting stupidly. The policy is crazy. I happen to appear before a tribunal judge who was furious that Home Office are applying Patel to the cases where both parent do not have EU citizenship or ILR. She allowed the appeal, even though Home Office tried to issue leave to remain 2 weeks before appeal, when we had not applied for 1.
Hi Obie

Well done for taken Home Office on.

This is what we call abuse, discrimination, and dearly beloved-policy-guidance. Zambrano only affect non white so they dont give a heck about it.

Young british citizen are being punished due to the nationality of their parents.

The most annoying thing is that gradually and silently, Home Office incorperated Patel vs SSHD into EU Settlement Scheme.

This has delayed all cases because they are monitoring cases that were refused since May, and policing the outcome.
So the more people go to Court with Zambrano Refusal it will force their unwarranted policy off the wall

Congrat

snooky
Junior Member
Posts: 92
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Thu Nov 28, 2019 2:17 pm

nilemarques wrote:
Thu Nov 28, 2019 3:26 am
snooky wrote:
Wed Nov 27, 2019 6:58 pm
nilemarques wrote:
Wed Nov 27, 2019 6:09 pm
snooky wrote:
Wed Nov 27, 2019 1:45 pm
nilemarques

I think maybe as you were doing the online application, you might have chosen something which gave you question only on EU family membership.

Actually you have not said what YOU HAVE APPLIED FOR and let us assume is a Zambrano derivative, such application is strictly done on EEA REGULATIONS 2016 rather than wider EU Laws and you would have to do it on a paper form.

With my understand about the questions they have asked you to present its documents, you might have selected Family member of a British Citizen or EU citizen.

I may be wrong but give us more information

1 what you applied for
2 if you are a TCN
3 how long have you been a family member

Tala
Hi Snooky,
I am not doing a Zambrano application. I did the online EU settlement scheme that leads to either a pre-settled status or a settled status. I did select the family member of a BC/EU citizen on one of the options. I don't know if this is just a generic template they use to request more info coz I did attach a pic of my child's passport. I hadn't attached his birth certificate which I will now attach. Can't think of anything else to attach hence me asking. I am aware that I have to put in a paper application but just thought I would test the waters and put in an online application.
Hello Nilemarques

Good to test the water and most tested during the implementation period with EU Exit app and they succeeded.

But actually what you selected is what under the EEA Regulations is called Returning Citizens. It derives from a case law of SURINDER SINGH.

So to qualify for this route, you and your british citizen should have lived in any EU country for a minimum of 6 months then return to Citizen's (EU Sponsor) country of birth.

Within that six months, your sponsor should seek work or claim benefits. This is call exercising your rights.

Hope you will take advantage of the Zambrano application under the Settlement Scheme as there is probability of being given

Big ups
Hi Snooky.
Thanks for that bit of info. I just did the application off the cuff so to speak. Judging by contributions on this thread, I think I will be told to send in a paper application. So I have just emailed my child's passport and birth certificate and am now awaiting a refusal. Lol. So in prrparation for my next challenge, how do I do the Zambrano application on the settlement scheme? Is it just putting in the paper application or I can do one online again??
Nilemarques Sup

Well, to do Zambrano derivative under eu settlment scheme, you would have to phone 0300 123 7379
and couple of question would be ask then paper application forms be issued to you

Koignbi
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Thu Nov 28, 2019 7:32 pm

Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Last edited by Koignbi on Thu Nov 28, 2019 7:35 pm, edited 1 time in total.

Obie
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Thu Nov 28, 2019 7:35 pm

You can file a notice out of time. But you are significantly late.
Seasons greetings to everyone and a prosperous 2020

Koignbi
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Thu Nov 28, 2019 7:39 pm

That's my concern!

Just wanted to give it a try. Also I think if the appeal is not accepted you don’t have to pay the fees.....

Obie
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Thu Nov 28, 2019 7:43 pm

Make a new application. Always sensible to appeal.
Seasons greetings to everyone and a prosperous 2020

Koignbi
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Thu Nov 28, 2019 7:52 pm

Obie wrote:
Thu Nov 28, 2019 7:43 pm
Make a new application. Always sensible to appeal.
That’s an option.

But want to explore the appeal option if I can confirm; if the appeal is not accepted I don’t have to pay.

Obie
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Ireland

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Thu Nov 28, 2019 7:54 pm

You will have to pay, for your extension of time request to be considered by a judge. Unless a fee is paid, your appeal will not be considered.

You may apply for paper and upgrade to oral if an extension of time is granted.
Seasons greetings to everyone and a prosperous 2020

Koignbi
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Thu Nov 28, 2019 8:37 pm

Obie wrote:
Thu Nov 28, 2019 7:54 pm
You will have to pay, for your extension of time request to be considered by a judge. Unless a fee is paid, your appeal will not be considered.

You may apply for paper and upgrade to oral if an extension of time is granted.
How do you file a notice out of time?

Phama
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Belgium

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Phama » Thu Nov 28, 2019 9:13 pm

Hi

I’m a mother of two British daughters and married to a British man but we’ve been living in Belgium as he works there. We’re in the process of separating and I just got a Uk visitor’s visa and currently in the UK with my daughters at a friend’s place. I called the eu settle scheme resolution center and the Zambrano form was sent to me. Now my question is, is there a likelihood that I’ll be granted right to reside in the uk as mother of British citizens and no longer together with their father ( he also does think it’s best the kids stay in the uk with me as he cannot leave his job in Belgium)
And how will I need to prove being sole Carer of my kids from now on, even though their father will provide financial assistance for them as I’m just moving to Uk now and Ll take time to settle down.
The kids are 2 yrs 6mths and 1yr of age

mubashir1981
Member
Posts: 126
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Thu Nov 28, 2019 9:39 pm

Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Do u and ur partner both have no leave to remain?

Koignbi
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Thu Nov 28, 2019 10:01 pm

mubashir1981 wrote:
Thu Nov 28, 2019 9:39 pm
Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Do u and ur partner both have no leave to remain?
We are 3rd country nationals and currently hold no valid leave since our Derivative residence (Zambrano) expired in May2019. We have no leave to remain.

mubashir1981
Member
Posts: 126
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Thu Nov 28, 2019 10:19 pm

Hi snooky
Hope u r good
How did HO tried to issue ltr to u if u have never applied one how did u come to know tgis that they tried.
Have u received ur new drv card or not i am still waiting for biomatric its about 4 weeks how long it takes to issue that one?
I am sure they gone refuse so i might need ur solicitor detail at later stage.

mubashir1981
Member
Posts: 126
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Thu Nov 28, 2019 11:00 pm

Koignbi wrote:
Thu Nov 28, 2019 10:01 pm
mubashir1981 wrote:
Thu Nov 28, 2019 9:39 pm
Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right

Do u and ur partner both have no leave to remain?
We are 3rd country nationals and currently hold no valid leave since our Derivative residence (Zambrano) expired in May2019. We have no leave to remain.
Then since ur child registered as BC. And u have completely 5 years on 1st may 2019 u qualify for ind leave to remain. Not too worry for u even patel vs whatever.

mubashir1981
Member
Posts: 126
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Nov 29, 2019 12:45 am

Koignbi wrote:
Thu Nov 28, 2019 10:01 pm
mubashir1981 wrote:
Thu Nov 28, 2019 9:39 pm
Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Do u and ur partner both have no leave to remain?
We are 3rd country nationals and currently hold no valid leave since our Derivative residence (Zambrano) expired in May2019. We have no leave to remain.
Paragraph 78.I would wish to emphasise that consideration of the respect for family life (whether considered under Article 8 ECHR or Article 7 of the Charter), although a relevant factor, cannot be a trump card enabling a court or tribunal to conclude that a child will be compelled to leave because Article 8 (or Article 7) are engaged and family life will be diminished by the departure of one parent. Family life will be diminished by the departure of one parent in the great majority of cases. The question remains whether, all things considered, the departure of the parent will mean the child will be compelled to follow.
It clearly relates to where one of the parent is British citizen. Dont no why HO applying this where both parents have no leave to remain.

snooky
Junior Member
Posts: 92
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Nov 29, 2019 7:29 am

Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Hi Koignbi

You can do appeal if there was a perculiar situation which made you delay appealing.

My advice is

Re do your Zambrano and if it fails again, then you take the opportunity to appeal.

I can send to you copy of my statement both the Judge and barrister and myself for you to use for a new Zambrano derivative application

Nice day

mubashir1981
Member
Posts: 126
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Nov 29, 2019 8:23 am

snooky wrote:
Fri Nov 29, 2019 7:29 am
Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Hi Koignbi

You can do appeal if there was a perculiar situation which made you delay appealing.

My advice is

Re do your Zambrano and if it fails again, then you take the opportunity to appeal.

I can send to you copy of my statement both the Judge and barrister and myself for you to use for a new Zambrano derivative application

Nice day
Snooky i alreday made drv application can i not use this for my application or this could only b used on time of apeal.
Thanks

snooky
Junior Member
Posts: 92
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Nov 29, 2019 8:53 am

mubashir1981 wrote:
Thu Nov 28, 2019 10:19 pm
Hi snooky
Hope u r good
How did HO tried to issue ltr to u if u have never applied one how did u come to know tgis that they tried.
Have u received ur new drv card or not i am still waiting for biomatric its about 4 weeks how long it takes to issue that one?
I am sure they gone refuse so i might need ur solicitor detail at later stage.
Oh hi mubashir1981

Keep Waiting and you would be doing your biomatric soon. Home Office is stretch.

I am still waiting for their implementation letter. This stuff takes time. As far as 14 days window period gone already and never had a letter saying Home Office is appealing against the Judges decision, I am cool with it.

To my settled status application also, they have written saying that there is an internal enquires been carried out and soon they are going to make a decision.

I am Waiting Fam.

The good news is I still have my derivative right and has been confer back to me by the Court. Home Office got nothing to do either implement the Judges decision.

I dont think I have ever made such statement. (How did HO tried to issue ltr to u if u have never applied)

You probably got a mix up mix up

snooky
Junior Member
Posts: 92
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Nov 29, 2019 9:56 am

mubashir1981 wrote:
Fri Nov 29, 2019 8:23 am
snooky wrote:
Fri Nov 29, 2019 7:29 am
Koignbi wrote:
Thu Nov 28, 2019 7:32 pm
Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EU Settlement Scheme. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?
Hi Koignbi

You can do appeal if there was a perculiar situation which made you delay appealing.

My advice is

Re do your Zambrano and if it fails again, then you take the opportunity to appeal.

I can send to you copy of my statement both the Judge and barrister and myself for you to use for a new Zambrano derivative application

Nice day
Snooky i alreday made drv application can i not use this for my application or this could only b used on time of apeal.
Thanks
Fam

These are arguments and legal base for Home Office to grant to you your Zambrano residence. It could be used vis-a-vis

Anyway wait for your response from the Home Office.
Tala

mubashir1981
Member
Posts: 126
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Nov 29, 2019 11:54 am

Hi
My drv application has been rejected as they said u have submitted expired passport with it. My valid id card already with home office and i am unable to renew my passport as i have no valid leave to remain what i can do now.

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