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

Post by Obie » 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?
Smooth seas do not make skilful sailors

mubashir1981
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Posts: 284
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 12:08 pm

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?
Yes i did say my valid id card already with HO and no apeal right given.

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Fri Nov 29, 2019 12:11 pm

You could still file an appeal as you have an appeal rights.

The Home Office could not claim that they had never seen your documents.
Smooth seas do not make skilful sailors

mubashir1981
Member of Standing
Posts: 284
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 12:12 pm

Obie wrote:
Fri Nov 29, 2019 12:11 pm
You could still file an appeal as you have an appeal rights.

The Home Office could not claim that they had never seen your documents.
How can i do this?

mubashir1981
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Posts: 284
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 12:15 pm

Obie wrote:
Fri Nov 29, 2019 12:11 pm
You could still file an appeal as you have an appeal rights.

The Home Office could not claim that they had never seen your documents.
They also send our application form back. Including my photos and my child british passport.

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

Post by Obie » Fri Nov 29, 2019 12:18 pm

You had done biometrics, and a COA issued not so?
Smooth seas do not make skilful sailors

mubashir1981
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Nov 29, 2019 12:20 pm

Obie wrote:
Fri Nov 29, 2019 12:18 pm
You had done biometrics, and a COA issued not so?
I have valid coa under eu settlement scheme. Not under drf1 form. Home office already have my valid id card with them. They said they will charge 25 pond and rest will b redund back to me.

Obie
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Location: UK/Ireland
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Obie » Fri Nov 29, 2019 12:27 pm

They seem to have acted unlawfully if they rejected the application without considering reasons given why the will not accept the expired application.

https://www.bailii.org/cgi-bin/format.c ... +(appeals)
Smooth seas do not make skilful sailors

mubashir1981
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Pakistan

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Nov 29, 2019 12:29 pm

Obie wrote:
Fri Nov 29, 2019 12:27 pm
They seem to have acted unlawfully if they rejected the application without considering reasons given why the will not accept the expired application.

https://www.bailii.org/cgi-bin/format.c ... +(appeals)
Thanks for that now how can i appeal this in court?

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

Post by Obie » Fri Nov 29, 2019 12:39 pm

If you are a Pakistani national, why are they insisting on you having leave to remain before they can issue a passport or renew your existing one.

I deal with many Pakistani national's and many do not have leave before they apply, and a passport is issued to them.

Do you have a letter or email from the embassy saying a passport will not be issued without leave to remain?
Smooth seas do not make skilful sailors

mubashir1981
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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 12:43 pm

Obie wrote:
Fri Nov 29, 2019 12:39 pm
If you are a Pakistani national, why are they insisting on you having leave to remain before they can issue a passport or renew your existing one.

I deal with many Pakistani national's and many do not have leave before they apply, and a passport is issued to them.

Do you have a letter or email from the embassy saying a passport will not be issued without leave to remain?
I went pakistan high commission 2 month ago they said i need letter from solicitor that i have not applied for asylum which i never then they can renew my passport.

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

Post by Obie » Fri Nov 29, 2019 12:48 pm

A lawyer cannot provide such letter.

A lawyer does not know what you have done in the past.

You could swear and affidavit, that you have never claimed asylum in the UK, and give it to a lawyer to sign for £10.
Smooth seas do not make skilful sailors

mubashir1981
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Nov 29, 2019 1:08 pm

Obie wrote:
Fri Nov 29, 2019 12:48 pm
A lawyer cannot provide such letter.

A lawyer does not know what you have done in the past.

You could swear and affidavit, that you have never claimed asylum in the UK, and give it to a lawyer to sign for £10.
I have called eu resolution center and asked for to send my national id card back so i can try to renew my passport.

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

Post by dimiku » 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

snooky
Senior Member
Posts: 874
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Nov 29, 2019 8:19 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.
mubashir1981

Sorry to hear that Home Office has rejected your application due to invalid passport. The Regulation 2016 has brought enough chaos to people due to its strictness of streamline.

Regulation 21(5) specifies that where an application for documentation is made by a person who is not an EEA national on the basis that they are, or were, the family member of an EEA national, or an extended family member of an EEA national, the application must be accompanied by either a valid national identity card,

You can't appeal this because you have failed to meet the conditions for your derivative to be considered.

On the drf1 forms, page 5 of 74 also states that clearly on making a valid application

Making sure your application is valid
To make a valid application, you must:
• apply online, or with this version of form EEA(DRF1), unless there are circumstances beyond
your control;
• pay the specified fee by one of the methods set out in the Payment Guidance section;
• provide photographs of yourself, your partner and any children under 18 who are applying
with you as specified in the application form;
• provide a valid passport, national identity card or travel document, as required;
• provide the necessary evidence or proof to support your application, as required (see Section
9 for further information); and
• complete the following sections of the form:
▪ Payment details
▪ Section 1 - Applicant’s details
▪ Section 10 - Declaration(s)
and, where relevant:
▪ Biometric information for non-EEA nationals
▪ Section 1(C) - Family members included in your application form

What you have to do is to try and get your passport done or renewed then bang it in again.

Unless you can have something from your High Commission stating ultra vires(something beyound their control)has made it not you to be issued a new passport.

The EEA EU changed that easy road(application made without passport)to combat crime.

Remember you still have chance

Cheer up

mubashir1981
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Posts: 284
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 11:02 pm

snooky wrote:
Fri Nov 29, 2019 8:19 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.
mubashir1981

Sorry to hear that Home Office has rejected your application due to invalid passport. The Regulation 2016 has brought enough chaos to people due to its strictness of streamline.

Regulation 21(5) specifies that where an application for documentation is made by a person who is not an EEA national on the basis that they are, or were, the family member of an EEA national, or an extended family member of an EEA national, the application must be accompanied by either a valid national identity card,

You can't appeal this because you have failed to meet the conditions for your derivative to be considered.

On the drf1 forms, page 5 of 74 also states that clearly on making a valid application

Making sure your application is valid
To make a valid application, you must:
• apply online, or with this version of form EEA(DRF1), unless there are circumstances beyond
your control;
• pay the specified fee by one of the methods set out in the Payment Guidance section;
• provide photographs of yourself, your partner and any children under 18 who are applying
with you as specified in the application form;
• provide a valid passport, national identity card or travel document, as required;
• provide the necessary evidence or proof to support your application, as required (see Section
9 for further information); and
• complete the following sections of the form:
▪ Payment details
▪ Section 1 - Applicant’s details
▪ Section 10 - Declaration(s)
and, where relevant:
▪ Biometric information for non-EEA nationals
▪ Section 1(C) - Family members included in your application form

What you have to do is to try and get your passport done or renewed then bang it in again.

Unless you can have something from your High Commission stating ultra vires(something beyound their control)has made it not you to be issued a new passport.

The EEA EU changed that easy road(application made without passport)to combat crime.

Remember you still have chance

Cheer up
Hi snookey i really appreciate ur comments. This adter seeing this i was feeling like .... cant tell. Actually i wasnt expected that as they accepted my valid national id card and issue valid coa under euss. Any wany now i am going to get this sorted first.
Cheers

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 » 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

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 » 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 ?

dimiku
Junior Member
Posts: 97
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 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

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 » 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?

dimiku
Junior Member
Posts: 97
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
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Posts: 24
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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: 61
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 of Standing
Posts: 284
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 euss. In euss 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 euss 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: 15156
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.
Smooth seas do not make skilful sailors

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