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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

dimiku
Junior Member
Posts: 68
Joined: Sat Jun 06, 2009 9:47 pm
Albania

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by dimiku » Sat Nov 30, 2019 10:04 am

Billyosa wrote:
Sat Nov 30, 2019 10:00 am
dimiku wrote:
Sat Nov 30, 2019 8:25 am
Billyosa wrote:
Sat Nov 30, 2019 6:07 am
dimiku wrote:
Fri Nov 29, 2019 6:24 pm
Hi all
I have applied under EU Settled status scheme online on 24/07/2019.
I did get my COA on 14/06/2019.
I have tried all the usual chasing, MP, emails, calls to no avail.
I haven't got my decision yet.

But just today I got an email saying that they are aware that the application is taking very long and suggested that I apply under the EU settlement Chen route.
Is there any one who is applied under this route and could advise me
What was your first application about and the reason they are suggesting another scheme to you ?
I have an ongoing application for Settled status but I am separated from EU partner and we have two kids.
Perhaps I am not entitled to settled status through ex partner but could be entitled as primary carer through kids!?!
Is there anybody here in similar situation
What is the nationality of the kids?
Do you have evidence that shows you are entitled for a corroborative responsibility as primary carer or shared responsibilities?
Kids are Hungarian with settled status.
I have letters from school, GP and letter from ex-partner that confirm I have relationship with kids contribute to their life and see them weekly.

Koignbi
Newly Registered
Posts: 24
Joined: Sat Sep 21, 2019 7:40 am
Mood:

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Sat Nov 30, 2019 1:50 pm

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
Hi Snooky,

That’s very kind of you.

I would love to have copies of your statement.

Regards

Billyosa
Junior Member
Posts: 51
Joined: Sun Sep 01, 2019 7:18 am
Ghana

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Billyosa » Sat Nov 30, 2019 8:06 pm

dimiku wrote:
Sat Nov 30, 2019 10:04 am
Billyosa wrote:
Sat Nov 30, 2019 10:00 am
dimiku wrote:
Sat Nov 30, 2019 8:25 am
Billyosa wrote:
Sat Nov 30, 2019 6:07 am

What was your first application about and the reason they are suggesting another scheme to you ?
I have an ongoing application for Settled status but I am separated from EU partner and we have two kids.
Perhaps I am not entitled to settled status through ex partner but could be entitled as primary carer through kids!?!
Is there anybody here in similar situation
What is the nationality of the kids?
Do you have evidence that shows you are entitled for a corroborative responsibility as primary carer or shared responsibilities?
Kids are Hungarian with settled status.
I have letters from school, GP and letter from ex-partner that confirm I have relationship with kids contribute to their life and see them weekly.
Nice one.. can you also get any financial evidence that you support them and are dependant on you?
Try and get any possible and available evidence to make your application a success... You can read more on the chen application. It's not that difficult to fill in as well..

Good luck..

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 » Sun Dec 01, 2019 2:16 pm

Billyosa wrote:
Sat Nov 30, 2019 6:00 am
Obie wrote:
Fri Nov 29, 2019 12:00 pm
mubashir1981 wrote:
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.
Did you provide those valid reasons with the application, and were you given an appeal right?
Rejection is not refusal.. That means your application did not meet the required standards (by not providing a valid identity). And I don't think they will take your £65 application fee as well
Renew your passport and reapply if you want or just rely on your EU settlement scheme application.
Good luck
They have charged 65 pounds for each application which they say they will redund after deduction of 25 for each application. This application i want to make as backup as there is no apeal right in EU Settlement Scheme. In EU Settlement Scheme guidance it clearly say if someone have never made application for under arcal 8 is not considered as zambrano. I never made it and currently have no leave to remain. Accordding to EU Settlement Scheme guidance i don't think they will give any status to me and also there is no apeal right. I am going pak emmbessy soon to try to get my passport renew.

Obie
Moderator
Posts: 14450
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Sun Dec 01, 2019 3:01 pm

For what it's worth they were wrong to reject the application. The regulation provides regulation 42, when a person is unable to provide a passport. If you had provided lawful explanation for why you could not provide the passport, then it would have been open to you to challenge the decision on the basis that they failed to exercise the discretion in regulations 42.
Seasons greetings to everyone and a prosperous 2020

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 » Sun Dec 01, 2019 5:30 pm

Obie wrote:
Sun Dec 01, 2019 3:01 pm
For what it's worth they were wrong to reject the application. The regulation provides regulation 42, when a person is unable to provide a passport. If you had provided lawful explanation for why you could not provide the passport, then it would have been open to you to challenge the decision on the basis that they failed to exercise the discretion in regulations 42.
Obie

Hope all is well

You’re right to quote regulations 42 for Mubashir1981 rejected application so that he could have appealed but that is not how technically it works.

If you really read Regulation 42 well, there is a cavet which says (42.—(1) Subject to paragraph (2)) and when you read paragraph 2 ((2) This regulation does not apply to regulation 11).

If you read this paragraph well it's not given right to non EEA family members to do application without a valid national passport.

The best thing for mubashir to do is to get a letter from the High Commission of Pakistan explaining Why they can't issue a passport.

Home Office doesnt take face value infomation. They want document from the establishment.

Oke doke

Obie
Moderator
Posts: 14450
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Sun Dec 01, 2019 5:32 pm

But his case is not a Regulation 11, as he is not seeking admission.

I think 42 is engaged, what I am unsure about is whether he provided cogent reasons why a passport could not be obtained.
Seasons greetings to everyone and a prosperous 2020

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 » Sun Dec 01, 2019 5:55 pm

mubashir1981 wrote:
Sun Dec 01, 2019 2:16 pm
Billyosa wrote:
Sat Nov 30, 2019 6:00 am
Obie wrote:
Fri Nov 29, 2019 12:00 pm
mubashir1981 wrote:
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.
Did you provide those valid reasons with the application, and were you given an appeal right?
Rejection is not refusal.. That means your application did not meet the required standards (by not providing a valid identity). And I don't think they will take your £65 application fee as well
Renew your passport and reapply if you want or just rely on your EU settlement scheme application.
Good luck
They have charged 65 pounds for each application which they say they will redund after deduction of 25 for each application. This application i want to make as backup as there is no apeal right in EU Settlement Scheme. In EU Settlement Scheme guidance it clearly say if someone have never made application for under arcal 8 is not considered as zambrano. I never made it and currently have no leave to remain. Accordding to EU Settlement Scheme guidance i don't think they will give any status to me and also there is no apeal right. I am going pak emmbessy soon to try to get my passport renew.
Hello friend

What you have to understand is that both EEA application under Zambrano and EU Settlement Scheme Zambrano DR all have the same requirements.

But that doesnt mean you not going to get a status under the Settlement Scheme.

The settlement scheme has made provisions for all derivative holders since 30th March under withdrawal Agreement Appendix EU amended HC1919.

This is because come either December 2020 or June 2021, all EU Residence Cards would be INVALID. UK will never accept them as a form of stay. So that is Why Settlement Scheme came to protect all people who have had eny form of EU stay or are still on EU stay and those coming in during which they call the incubation period.

Technically anyone who think they have Zambrano right can apply to Settlement Scheme since 1st May. Those already had 5 years are going to be given SETTLED STATUS. Less 5 years presettled status.

Again you can appeal when your settled status is refused but it is called Administrative Review and cost £80

Why I adviced you to still do Zambrano Under EEA is that, that is your right as a family member under the regulation and that right is given by EU so there is more protection under Zambrano than anything.

With Settlement Scheme, is UK government trying to move all EU EEA and their family members to become in line with british immigration rules so that they can control you or us.

But dont panick, just do your passport or get a letter from your embassy detailing why passport can't be given at this juncture.

They will consider your EU Settlement Scheme application and a decision would be sent to you shortly.

Good thing is Settlement Scheme is a bit lenient because Home Office is doing what we call treat my people as you want your people to be treated within the EU 26, for a better deal.

Cheer up

Cheer 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 » Sun Dec 01, 2019 5:57 pm

Koignbi wrote:
Sat Nov 30, 2019 1:50 pm
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
Hi Snooky,

That’s very kind of you.

I would love to have copies of your statement.

Regards

So how can I get them to you

User avatar
CR001
Moderator
Posts: 67693
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by CR001 » Sun Dec 01, 2019 6:07 pm

snooky wrote:
Sun Dec 01, 2019 5:57 pm
Koignbi wrote:
Sat Nov 30, 2019 1:50 pm
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
Hi Snooky,

That’s very kind of you.

I would love to have copies of your statement.

Regards

So how can I get them to you
You can post anonymised examples on the forum without any personal information.

Do NOT post or ask for any personal contact information.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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 » Sun Dec 01, 2019 6:33 pm

Obie wrote:
Sun Dec 01, 2019 5:32 pm
But his case is not a Regulation 11, as he is not seeking admission.

I think 42 is engaged, what I am unsure about is whether he provided cogent reasons why a passport could not be obtained.
He is seeking admission to the UK under 2016 EEA REGULATIONS 16.5 ARTICLE 20 OF TFEU. Admission can be asked internally or externally.

Now not renewing your passport itself doesn't triggar the higher threshold for them to consider case.

He gotta fulfill the condition on the application form page 5 of 72 which states clearly that he needs a valid passport to make his application valid

Cool

Obie
Moderator
Posts: 14450
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Sun Dec 01, 2019 7:06 pm

This person is seeking a confirmation of a Right of Residence under regulation 16(5). He is not seeing right of entry under regulation 11(7), as they are already in the UK with the British citizen child.

http://www.eearegulations.co.uk/Regs201 ... ulation_11

Regulation 11 applies to those who are accompanying or joining a British citizen in the UK.
Seasons greetings to everyone and a prosperous 2020

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 » Sun Dec 01, 2019 8:03 pm

snooky wrote:
Sun Dec 01, 2019 5:55 pm
mubashir1981 wrote:
Sun Dec 01, 2019 2:16 pm
Billyosa wrote:
Sat Nov 30, 2019 6:00 am
Obie wrote:
Fri Nov 29, 2019 12:00 pm


Did you provide those valid reasons with the application, and were you given an appeal right?
Rejection is not refusal.. That means your application did not meet the required standards (by not providing a valid identity). And I don't think they will take your £65 application fee as well
Renew your passport and reapply if you want or just rely on your EU settlement scheme application.
Good luck
They have charged 65 pounds for each application which they say they will redund after deduction of 25 for each application. This application i want to make as backup as there is no apeal right in EU Settlement Scheme. In EU Settlement Scheme guidance it clearly say if someone have never made application for under arcal 8 is not considered as zambrano. I never made it and currently have no leave to remain. Accordding to EU Settlement Scheme guidance i don't think they will give any status to me and also there is no apeal right. I am going pak emmbessy soon to try to get my passport renew.
Hello friend

What you have to understand is that both EEA application under Zambrano and EU Settlement Scheme Zambrano DR all have the same requirements.

But that doesnt mean you not going to get a status under the Settlement Scheme.

The settlement scheme has made provisions for all derivative holders since 30th March under withdrawal Agreement Appendix EU amended HC1919.

This is because come either December 2020 or June 2021, all EU Residence Cards would be INVALID. UK will never accept them as a form of stay. So that is Why Settlement Scheme came to protect all people who have had eny form of EU stay or are still on EU stay and those coming in during which they call the incubation period.

Technically anyone who think they have Zambrano right can apply to Settlement Scheme since 1st May. Those already had 5 years are going to be given SETTLED STATUS. Less 5 years presettled status.

Again you can appeal when your settled status is refused but it is called Administrative Review and cost £80

Why I adviced you to still do Zambrano Under EEA is that, that is your right as a family member under the regulation and that right is given by EU so there is more protection under Zambrano than anything.

With Settlement Scheme, is UK government trying to move all EU EEA and their family members to become in line with british immigration rules so that they can control you or us.

But dont panick, just do your passport or get a letter from your embassy detailing why passport can't be given at this juncture.

They will consider your EU Settlement Scheme application and a decision would be sent to you shortly.

Good thing is Settlement Scheme is a bit lenient because Home Office is doing what we call treat my people as you want your people to be treated within the EU 26, for a better deal.

Cheer up

Cheer up
That Administrative Review is done by again same sort of people within the homeoffice who will again follow the home office guidelines. So technically its not a apeal right. Not sure then if u can go for a judicial review.

One thing more as per zambrano law as soon someone's become primary carer of bc child he/she have right to reside and right to work but after reading zambrano guidance notes someone with no leave to remain with bc still not b consider as zambrano as per homeoffice guidance applicant is not required to leave uk he can make human right application.
So a person make human right application he will not have right to work untill his application succeed so during this time it deprive the right of bc. Is there something judje said anout in ur apeal hearing. As i believe although a person contine to reside in uk but have no right to work is against principle of zambrano law. How home office justifie that when applying patel on where both parent have no leave to remain? I mean how home office tryed to defend this in court.
2nd when making drf1 application again should i submit my statement or just filling form is enough and wait for reply.
Thanks

Billyosa
Junior Member
Posts: 51
Joined: Sun Sep 01, 2019 7:18 am
Ghana

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Billyosa » Mon Dec 02, 2019 6:18 pm

mubashir1981 wrote:
Sun Dec 01, 2019 8:03 pm
snooky wrote:
Sun Dec 01, 2019 5:55 pm
mubashir1981 wrote:
Sun Dec 01, 2019 2:16 pm
Billyosa wrote:
Sat Nov 30, 2019 6:00 am


Rejection is not refusal.. That means your application did not meet the required standards (by not providing a valid identity). And I don't think they will take your £65 application fee as well
Renew your passport and reapply if you want or just rely on your EU settlement scheme application.
Good luck
They have charged 65 pounds for each application which they say they will redund after deduction of 25 for each application. This application i want to make as backup as there is no apeal right in EU Settlement Scheme. In EU Settlement Scheme guidance it clearly say if someone have never made application for under arcal 8 is not considered as zambrano. I never made it and currently have no leave to remain. Accordding to EU Settlement Scheme guidance i don't think they will give any status to me and also there is no apeal right. I am going pak emmbessy soon to try to get my passport renew.
Hello friend

What you have to understand is that both EEA application under Zambrano and EU Settlement Scheme Zambrano DR all have the same requirements.

But that doesnt mean you not going to get a status under the Settlement Scheme.

The settlement scheme has made provisions for all derivative holders since 30th March under withdrawal Agreement Appendix EU amended HC1919.

This is because come either December 2020 or June 2021, all EU Residence Cards would be INVALID. UK will never accept them as a form of stay. So that is Why Settlement Scheme came to protect all people who have had eny form of EU stay or are still on EU stay and those coming in during which they call the incubation period.

Technically anyone who think they have Zambrano right can apply to Settlement Scheme since 1st May. Those already had 5 years are going to be given SETTLED STATUS. Less 5 years presettled status.

Again you can appeal when your settled status is refused but it is called Administrative Review and cost £80

Why I adviced you to still do Zambrano Under EEA is that, that is your right as a family member under the regulation and that right is given by EU so there is more protection under Zambrano than anything.

With Settlement Scheme, is UK government trying to move all EU EEA and their family members to become in line with british immigration rules so that they can control you or us.

But dont panick, just do your passport or get a letter from your embassy detailing why passport can't be given at this juncture.

They will consider your EU Settlement Scheme application and a decision would be sent to you shortly.

Good thing is Settlement Scheme is a bit lenient because Home Office is doing what we call treat my people as you want your people to be treated within the EU 26, for a better deal.

Cheer up

Cheer up
That Administrative Review is done by again same sort of people within the homeoffice who will again follow the home office guidelines. So technically its not a apeal right. Not sure then if u can go for a judicial review.

One thing more as per zambrano law as soon someone's become primary carer of bc child he/she have right to reside and right to work but after reading zambrano guidance notes someone with no leave to remain with bc still not b consider as zambrano as per homeoffice guidance applicant is not required to leave uk he can make human right application.
So a person make human right application he will not have right to work untill his application succeed so during this time it deprive the right of bc. Is there something judje said anout in ur apeal hearing. As i believe although a person contine to reside in uk but have no right to work is against principle of zambrano law. How home office justifie that when applying patel on where both parent have no leave to remain? I mean how home office tryed to defend this in court.
2nd when making drf1 application again should i submit my statement or just filling form is enough and wait for reply.
Thanks
Zambrano application allows you to work until a decision is made. You will be given a COA, and it will be valid until a decision is made.
I think they changed you an administrative fee. Try and get your passport sorted and I think it will be well..
Good luck

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 » Tue Dec 03, 2019 12:08 pm

That Administrative Review is done by again same sort of people within the homeoffice who will again follow the home office guidelines. So technically its not a apeal right. Not sure then if u can go for a judicial review.

One thing more as per zambrano law as soon someone's become primary carer of bc child he/she have right to reside and right to work but after reading zambrano guidance notes someone with no leave to remain with bc still not b consider as zambrano as per homeoffice guidance applicant is not required to leave uk he can make human right application.
So a person make human right application he will not have right to work untill his application succeed so during this time it deprive the right of bc. Is there something judje said anout in ur apeal hearing. As i believe although a person contine to reside in uk but have no right to work is against principle of zambrano law. How home office justifie that when applying patel on where both parent have no leave to remain? I mean how home office tryed to defend this in court.
2nd when making drf1 application again should i submit my statement or just filling form is enough and wait for reply.
Thanks
[/quote]
Zambrano application allows you to work until a decision is made. You will be given a COA, and it will be valid until a decision is made.
I think they changed you an administrative fee. Try and get your passport sorted and I think it will be well..
Good luck
[/quote]
Hi

Say i made zambrano application got right to work then get full time work. Homeoffice refused zambrano saying make human right application then right to work the end and loss off jobs. Make human right application work not allowed until human right application approve. During this time u have no right to work for both tcn parents. Which deprive the rights of bc child.
Is it not against principle of zambrano? That is the point i want to know. If having no right to work not against principle of zambrano then home office is right to say make human right application.

DX63
Newly Registered
Posts: 2
Joined: Sat Nov 02, 2019 8:52 am
Netherlands

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by DX63 » Wed Dec 04, 2019 12:05 am

Please can someone get me the email address to the EU SETTLEMENT SCHEME. my social service worker wants to send them email regarding my application. 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 » Wed Dec 04, 2019 4:45 pm

Koignbi wrote:
Sat Nov 30, 2019 1:50 pm
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
Hi Snooky,

That’s very kind of you.

I would love to have copies of your statement.

Regards
Hello

These atttached SKELETON ARGUMENT is what i used at the Court to appeal against Home Office poor decision.

This is for those who have been refused with this below

YOU HAVE MADE NO ATTEMPT TO REGULARISE YOUR STAY IN THE UK THROUGH AN APPLICATION MADE UNDER DOMESTIC IMMIGRATION

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 » Wed Dec 04, 2019 4:50 pm

snooky wrote:
Wed Dec 04, 2019 4:45 pm
Koignbi wrote:
Sat Nov 30, 2019 1:50 pm
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
Hi Snooky,

That’s very kind of you.

I would love to have copies of your statement.

Regards
Hello

These atttached SKELETON ARGUMENT is what i used at the Court to appeal against Home Office poor decision.

This is for those who have been refused with this below

YOU HAVE MADE NO ATTEMPT TO REGULARISE YOUR STAY IN THE UK THROUGH AN APPLICATION MADE UNDER DOMESTIC IMMIGRATION

Thanks
Hello

These atttached SKELETON ARGUMENT is what i used at the Court to appeal against Home Office poor decision.

This is for those who have been refused with this below

YOU HAVE MADE NO ATTEMPT TO REGULARISE YOUR STAY IN THE UK THROUGH AN APPLICATION MADE UNDER DOMESTIC IMMIGRATION

Thanks

Sorry the system telling me files are too large. I would have to change the format

Koignbi
Newly Registered
Posts: 24
Joined: Sat Sep 21, 2019 7:40 am
Mood:

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Koignbi » Wed Dec 04, 2019 5:52 pm

DX63 wrote:
Wed Dec 04, 2019 12:05 am
Please can someone get me the email address to the EU SETTLEMENT SCHEME. my social service worker wants to send them email regarding my application. Thanks
You will need to contact them via the EU Settlement Scheme contact form below.

https://eu-settled-status-enquiries.ser ... v.uk/start?

I hope this helps.

Sunflower2
Newly Registered
Posts: 12
Joined: Thu Dec 05, 2019 2:27 pm
Mood:
Trinidad & Tobago

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Sunflower2 » Thu Dec 05, 2019 2:40 pm

Hi all I will be qualifying for the EU Settlement under the Zambrano in three weeks when I will have 5 years. I want to make a joint application with my husband as we both qualify the same time) Could you advise what evidence they need to go with the application. I want to start complying my documents so that I can apply in threes weeks promptly.

Many thanks for your help.

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