Zambrano Settled Status EU settlement scheme Paper Application Form

Topsibelle wrote: ↑

Sun Dec 29, 2019 12:25 pm

Koignbi wrote: ↑

Sat Dec 28, 2019 1:57 pm

snooky wrote: ↑

Mon Dec 23, 2019 1:14 pm

Topsibelle wrote: ↑

Mon Dec 23, 2019 12:49 pm

You tenacious human being. Congratulations to you and your family. I'm really happy for you. Thank you for your selfless and support here.

Tnx Fam
Learnt alot from all and Tnx also for the support

Congrats Snooky! Am optimistic that your EU settlement status will be confirmed in no time.

I regret not appealing my refused DRF1. However; I will be putting in for fresh DRF1 application in the new year with the spirit to fight any negative outcomes to the brim....

It appears that HO are only issuing pre- settle and settled status to only applicants with current derivative residence status.

Are there anyone out here that have been issued an EU settlement status that have completed 5 years derivative residence and don’t have a valid derivative residence card?

I wonder why the holdup

Me

Koignbi wrote: ↑

Sun Dec 29, 2019 1:14 pm

Topsibelle wrote: ↑

Sun Dec 29, 2019 12:25 pm

Koignbi wrote: ↑

Sat Dec 28, 2019 1:57 pm

snooky wrote: ↑

Mon Dec 23, 2019 1:14 pm

Tnx Fam
Learnt alot from all and Tnx also for the support

Congrats Snooky! Am optimistic that your EU settlement status will be confirmed in no time.

I regret not appealing my refused DRF1. However; I will be putting in for fresh DRF1 application in the new year with the spirit to fight any negative outcomes to the brim....

It appears that HO are only issuing pre- settle and settled status to only applicants with current derivative residence status.

Are there anyone out here that have been issued an EU settlement status that have completed 5 years derivative residence and don’t have a valid derivative residence card?

I wonder why the holdup

Me

Hi Topsibelle,

I salute you for initiating this thread and congrats on being one of the first to pull out a Zambrano settled status.

If my memory serves me well, you had an appeal in the pipe line. What was the outcome?

Also; don’t you think your appeal in the pipeline had an effect on the outcome of your settled status?

My case is exactly as yours but I have been waiting since June 10th. I can’t work out the need for the delay. I understand the case by case approached, but nothing seems to be moving. So am very worried as to what maybe brewing down under.

Obie wrote: ↑

Mon Dec 16, 2019 7:29 pm

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

snooky wrote: ↑

Sat Dec 28, 2019 2:36 pm

Koignbi wrote: ↑

Sat Dec 28, 2019 1:57 pm

snooky wrote: ↑

Mon Dec 23, 2019 1:14 pm

Topsibelle wrote: ↑

Mon Dec 23, 2019 12:49 pm

You tenacious human being. Congratulations to you and your family. I'm really happy for you. Thank you for your selfless and support here.

Tnx Fam
Learnt alot from all and Tnx also for the support

Congrats Snooky! Am optimistic that your EU settlement status will be confirmed in no time.

I regret not appealing my refused DRF1. However; I will be putting in for fresh DRF1 application in the new year with the spirit to fight any negative outcomes to the brim....

It appears that HO are only issuing pre- settle and settled status to only applicants with current derivative residence status.

Are there anyone out here that have been issued an EU settlement status that have completed 5 years derivative residence and don’t have a valid derivative residence card?

I wonder why the holdup

Thanks Fam, you have asked a question that made me went on appealing my refusal under Zambrano.

When the settlement scheme came on for especially Zambrano holders, it was easy to succeed with the main caseworkers guidance until Ukvis introduce the toxic Zambrano guidance. Derivative guidance and rewrote the main caseworkers guidance again.

What i found was that, in the main caseworkers guidance not and Zambrano guidance, there is a clause saying ""AND THE LEAVE IS NOT EXPIRED OR BEEN REFUSED""".

My leave has been refused due to Patel and Shah case so to stay within the qualifications, I appealed.

Some of us had Zambrano early so before the 31st March 2019 HC1919 which amended the Appendix EU withdrawal agreement to allow Zambrano people, we were swiming to nowhere.

Now Why Home Office is delaying issuing settled status to people who had Zambrano and has expired is within the settlement scheme it is a discretionary.

I have done so many Settlement application for people with live Zambrano residence card and within 8 weeks all had settled status because their leave hasnt expired.

Though the settlement scheme says SETTLED STATUS be issued to people who have continuously live here with Zambrano for 5 years, Home Office sees that as Discretion and would delay.

All those with live Zambrano who havent finished their 5year are being given PRESETTLED STATUS very quickly but those with expired are put aside

Politics is playing here and discrimination against TCN.

Please no matter what, if you have settled status application in, try add EEA REGULATIONS application under Zambrano because that is your right and Settled status is UK's promise to protect you after we leave EU

Happy new year

mubashir1981 wrote: ↑

Mon Dec 30, 2019 6:56 am

Obie wrote: ↑

Mon Dec 16, 2019 7:29 pm

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

May b homeoffice waiting for out come of this case and holding all zambrano cases due to this

alana7 wrote: ↑

Mon Dec 30, 2019 8:39 am

snooky wrote: ↑

Sat Dec 28, 2019 2:36 pm

Koignbi wrote: ↑

Sat Dec 28, 2019 1:57 pm

snooky wrote: ↑

Mon Dec 23, 2019 1:14 pm

Tnx Fam
Learnt alot from all and Tnx also for the support

Congrats Snooky! Am optimistic that your EU settlement status will be confirmed in no time.

I regret not appealing my refused DRF1. However; I will be putting in for fresh DRF1 application in the new year with the spirit to fight any negative outcomes to the brim....

It appears that HO are only issuing pre- settle and settled status to only applicants with current derivative residence status.

Are there anyone out here that have been issued an EU settlement status that have completed 5 years derivative residence and don’t have a valid derivative residence card?

I wonder why the holdup

Thanks Fam, you have asked a question that made me went on appealing my refusal under Zambrano.

When the settlement scheme came on for especially Zambrano holders, it was easy to succeed with the main caseworkers guidance until Ukvis introduce the toxic Zambrano guidance. Derivative guidance and rewrote the main caseworkers guidance again.

What i found was that, in the main caseworkers guidance not and Zambrano guidance, there is a clause saying ""AND THE LEAVE IS NOT EXPIRED OR BEEN REFUSED""".

My leave has been refused due to Patel and Shah case so to stay within the qualifications, I appealed.

Some of us had Zambrano early so before the 31st March 2019 HC1919 which amended the Appendix EU withdrawal agreement to allow Zambrano people, we were swiming to nowhere.

Now Why Home Office is delaying issuing settled status to people who had Zambrano and has expired is within the settlement scheme it is a discretionary.

I have done so many Settlement application for people with live Zambrano residence card and within 8 weeks all had settled status because their leave hasnt expired.

Though the settlement scheme says SETTLED STATUS be issued to people who have continuously live here with Zambrano for 5 years, Home Office sees that as Discretion and would delay.

All those with live Zambrano who havent finished their 5year are being given PRESETTLED STATUS very quickly but those with expired are put aside

Politics is playing here and discrimination against TCN.

Please no matter what, if you have settled status application in, try add EEA REGULATIONS application under Zambrano because that is your right and Settled status is UK's promise to protect you after we leave EU

Happy new year

Hi Snooky can you help me draft a letter to appeal using the outcome of the decision on the 16th of December please?

Sunflower2 wrote: ↑

Sun Dec 29, 2019 8:45 pm

OMG, am in same situation where I need my settled status in time to start Uni in February - the main teaching course starts in September but I got a conditional offer based on the fact that I do a course enhancement program in which starts in February but I need student finance. I only got to realise from this forum how slow the process of applying for settled status is. I got a letter yesterday to do my biometrics - which I am hoping to do tomorrow but not sure once this is done, how long it will take for me to get accepted. Let’s hope for the best!

snooky wrote: ↑

Mon Dec 30, 2019 9:21 am

mubashir1981 wrote: ↑

Mon Dec 30, 2019 6:56 am

Obie wrote: ↑

Mon Dec 16, 2019 7:29 pm

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

May b homeoffice waiting for out come of this case and holding all zambrano cases due to this

Mubashir

The everyone talks about Patel vs SSHD and forgotten that it is Patel, Shah vs SSHD instead.

The Home Office problem is prejudice. They picked Patel out of a Bundle of judgment which has derived from both Shah and Patel.

The new ruling on the 16th December 2019, did not throw out Patel case but dismissed its appeal but allowed Shah.

I have said here before, Patel relates to an adult Union citizen Zambrano and the Shah is for a minor Union citizen.

The Court led by Lady Hale distinguished the two and directs Home Office not to read them together but as separate case law in which Patel is only tagged on Zambrano adult application only.

When anyone doing Zambrano derivative application with a minor, please use Shah vs SSHD In the same ruling and leave Patel alone.

Home Office is not going to scrap their guidance apart on 2nd May 2019 on Zambrano but rather amend it with Shah because the Court still threw out Patel vs SSHD and Home Office was a winner

The Court didn't ask Home Office to abolish the guidance but rather directed Home Office to examing cases by case by case study especially when it is on minor Union citizen Zambrano application.

The main ruling on 16/12/19 enforced section 55 (best interest of children) and Article 20 be read to reflect the child's right

All those Zambrano applicants on adult are still in the same soup and swiming to nowhere as the bar is set really high. Patel vs SSHD still reigns.

For minor Zambrano applicants the Court want Home Office to use the original ruling of Zambrano C34/09 and not to altere its content.

Weigh application on Zambrano before you bang it in especially when your family EEA-national member is an adult. Very had to succeed.

Obie wrote: ↑

Mon Dec 30, 2019 11:29 am

snooky wrote: ↑

Mon Dec 30, 2019 9:21 am

mubashir1981 wrote: ↑

Mon Dec 30, 2019 6:56 am

Obie wrote: ↑

Mon Dec 16, 2019 7:29 pm

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

May b homeoffice waiting for out come of this case and holding all zambrano cases due to this

Mubashir

The everyone talks about Patel vs SSHD and forgotten that it is Patel, Shah vs SSHD instead.

The Home Office problem is prejudice. They picked Patel out of a Bundle of judgment which has derived from both Shah and Patel.

The new ruling on the 16th December 2019, did not throw out Patel case but dismissed its appeal but allowed Shah.

I have said here before, Patel relates to an adult Union citizen Zambrano and the Shah is for a minor Union citizen.

The Court led by Lady Hale distinguished the two and directs Home Office not to read them together but as separate case law in which Patel is only tagged on Zambrano adult application only.

When anyone doing Zambrano derivative application with a minor, please use Shah vs SSHD In the same ruling and leave Patel alone.

Home Office is not going to scrap their guidance apart on 2nd May 2019 on Zambrano but rather amend it with Shah because the Court still threw out Patel vs SSHD and Home Office was a winner

The Court didn't ask Home Office to abolish the guidance but rather directed Home Office to examing cases by case by case study especially when it is on minor Union citizen Zambrano application.

The main ruling on 16/12/19 enforced section 55 (best interest of children) and Article 20 be read to reflect the child's right

All those Zambrano applicants on adult are still in the same soup and swiming to nowhere as the bar is set really high. Patel vs SSHD still reigns.

For minor Zambrano applicants the Court want Home Office to use the original ruling of Zambrano C34/09 and not to altere its content.

Weigh application on Zambrano before you bang it in especially when your family EEA-national member is an adult. Very had to succeed.

Patel was the original appeal to the Court of Appeal. Shah was the Home Office appeal.

To say Patel & ors is perfectly fine. That is how the case is cited at the Court of Appeal and the same citation at the Supreme Court.

The supreme Court dismissed Mr Patel's appeal but allowed Mr Shah's appeal against the dismissal by the court of Appeal and reinstated the FTT's decision which the Upper Tribunal had upheld.

Referring the case as Patel or Patel and Ors is perfectly correct and that is how all legal practitioner refer to it in court.

If you say Shah in Court, no one understands what you are talking about. The Supreme Court maintained the same citation.

Judges and legal practitioner are competent enough to understand there was a joint appeal. That if you are dealing with child it is Shah and if Patel it is adult.

Things are done this way all the time. The name of the authority is named after the lead case.

Mommabeark wrote: ↑

Mon Dec 30, 2019 10:36 am

Hello snooky, pls do you have any advice on my situation . Thanks

Obie wrote: ↑

Mon Dec 30, 2019 5:22 pm

You should exercise your right of appeal within 14 days.

snooky wrote: ↑

Mon Dec 30, 2019 1:17 pm

Mommabeark wrote: ↑

Mon Dec 30, 2019 10:36 am

Hello snooky, pls do you have any advice on my situation . Thanks

Mommabeark

Know that the Supreme Court has weakened the firewalls of the original Patel case that Home Office used for their guidance.

The requirements for Zambrano in accordance of the ruling on 16 December 2019 by Lady Hale is for section 55 (best interest of the child) be a major part of Zambrano application on minor Union members as far as there is, dependency, subsisting right and responsibility from the non eea family member. So you really stand a chance but you would have to invoke your eea regulations right as that one is more of a Directive then EU Settlement Scheme.

Apply for your residence card as the EEA Zambrano derivative card and Settled status card runs co-currently. They dont overlap.

As for your student Finance you can use your 2.5 ltr under domestic immigration law to secure it as it is protected by section 3C (variations of leave) under domestic immigration law.

But all depends when you came here in uk and how many years you have spent. There something called long residence student Finance assessment.

Ask them and take it from there

Karren123 wrote: ↑

Mon Dec 30, 2019 5:21 pm

Hi everyone, is anyone here is been refused because they want you to made an application made under the UK's domestic immigration law?

In my case I did apply but it was refused and made an appeal and still been refused in 2014 and now I'm here staying in the UK with my son who is a British citizen, just the two of us and applied for Zambrano.. Is anyone knows how to prove you applied for UK's domestic immigration law or should i just send the proof of application?

Also, I came here with 6 months visa and since September, I only received my passport back with the Refusal Letter on the 27Dec with 14 days of appeal which is dated 23Dec.. My question also is it says on the letter that primary careers are not required to hold documentation to confirm their right to reside in the UK, is that mean i don't have ro renew my visa since I will make a new application and submit again everything? Your comments would be greatly helpful. Thank

when did u apply and what date u got decision?

Karren123 wrote: ↑

Mon Dec 30, 2019 5:35 pm

Obie wrote: ↑

Mon Dec 30, 2019 5:22 pm

You should exercise your right of appeal within 14 days.

Thank you, but its because too many holidays I'm not sure if i can make it for 14 days they been given to me, so I'm busy gathering more evidence and apply for a new application.. Do you know how long is the process of an appeal or is it the best way of doing it again?

mubashir1981 wrote: ↑

Mon Dec 30, 2019 7:05 pm

Karren123 wrote: ↑

Mon Dec 30, 2019 5:21 pm

Hi everyone, is anyone here is been refused because they want you to made an application made under the UK's domestic immigration law?

In my case I did apply but it was refused and made an appeal and still been refused in 2014 and now I'm here staying in the UK with my son who is a British citizen, just the two of us and applied for Zambrano.. Is anyone knows how to prove you applied for UK's domestic immigration law or should i just send the proof of application?

Also, I came here with 6 months visa and since September, I only received my passport back with the Refusal Letter on the 27Dec with 14 days of appeal which is dated 23Dec.. My question also is it says on the letter that primary careers are not required to hold documentation to confirm their right to reside in the UK, is that mean i don't have ro renew my visa since I will make a new application and submit again everything? Your comments would be greatly helpful. Thank

when did u apply and what date u got decision?

Hi, I applied on 23 September 19 and get decision on the 27th Dec 19

Mommabeark wrote: ↑

Mon Dec 30, 2019 6:05 pm

snooky wrote: ↑

Mon Dec 30, 2019 1:17 pm

Mommabeark wrote: ↑

Mon Dec 30, 2019 10:36 am

Hello snooky, pls do you have any advice on my situation . Thanks

Mommabeark

Know that the Supreme Court has weakened the firewalls of the original Patel case that Home Office used for their guidance.

The requirements for Zambrano in accordance of the ruling on 16 December 2019 by Lady Hale is for section 55 (best interest of the child) be a major part of Zambrano application on minor Union members as far as there is, dependency, subsisting right and responsibility from the non eea family member. So you really stand a chance but you would have to invoke your eea regulations right as that one is more of a Directive then EU Settlement Scheme.

Apply for your residence card as the EEA Zambrano derivative card and Settled status card runs co-currently. They dont overlap.

As for your student Finance you can use your 2.5 ltr under domestic immigration law to secure it as it is protected by section 3C (variations of leave) under domestic immigration law.

But all depends when you came here in uk and how many years you have spent. There something called long residence student Finance assessment.

Ask them and take it from there

Snooky thank you for enlightening me in this issue, please can you send me the link for that eea regulations application and does it have a fee?
Also, with regards to the student finance , I already applied for it but they said because I have “no recourse to public funds” on my biometric , I have no eligibility for it. I am not eligible for the long residence category

Mommabeark wrote: ↑

Mon Dec 30, 2019 6:05 pm

snooky wrote: ↑

Mon Dec 30, 2019 1:17 pm

Mommabeark wrote: ↑

Mon Dec 30, 2019 10:36 am

Hello snooky, pls do you have any advice on my situation . Thanks

Mommabeark

Know that the Supreme Court has weakened the firewalls of the original Patel case that Home Office used for their guidance.

The requirements for Zambrano in accordance of the ruling on 16 December 2019 by Lady Hale is for section 55 (best interest of the child) be a major part of Zambrano application on minor Union members as far as there is, dependency, subsisting right and responsibility from the non eea family member. So you really stand a chance but you would have to invoke your eea regulations right as that one is more of a Directive then EU Settlement Scheme.

Apply for your residence card as the EEA Zambrano derivative card and Settled status card runs co-currently. They dont overlap.

As for your student Finance you can use your 2.5 ltr under domestic immigration law to secure it as it is protected by section 3C (variations of leave) under domestic immigration law.

But all depends when you came here in uk and how many years you have spent. There something called long residence student Finance assessment.

Ask them and take it from there

Snooky thank you for enlightening me in this issue, please can you send me the link for that eea regulations application and does it have a fee?
Also, with regards to the student finance , I already applied for it but they said because I have “no recourse to public funds” on my biometric , I have no eligibility for it. I am not eligible for the long residence category

Ugofify wrote: ↑

Mon Dec 30, 2019 7:56 pm

Mommabeark wrote: ↑

Mon Dec 30, 2019 6:05 pm

snooky wrote: ↑

Mon Dec 30, 2019 1:17 pm

Mommabeark wrote: ↑

Mon Dec 30, 2019 10:36 am

Hello snooky, pls do you have any advice on my situation . Thanks

Mommabeark

Know that the Supreme Court has weakened the firewalls of the original Patel case that Home Office used for their guidance.

The requirements for Zambrano in accordance of the ruling on 16 December 2019 by Lady Hale is for section 55 (best interest of the child) be a major part of Zambrano application on minor Union members as far as there is, dependency, subsisting right and responsibility from the non eea family member. So you really stand a chance but you would have to invoke your eea regulations right as that one is more of a Directive then EU Settlement Scheme.

Apply for your residence card as the EEA Zambrano derivative card and Settled status card runs co-currently. They dont overlap.

As for your student Finance you can use your 2.5 ltr under domestic immigration law to secure it as it is protected by section 3C (variations of leave) under domestic immigration law.

But all depends when you came here in uk and how many years you have spent. There something called long residence student Finance assessment.

Ask them and take it from there

Snooky thank you for enlightening me in this issue, please can you send me the link for that eea regulations application and does it have a fee?
Also, with regards to the student finance , I already applied for it but they said because I have “no recourse to public funds” on my biometric , I have no eligibility for it. I am not eligible for the long residence category

@mommabeark,
I have been there since 2014 even with recourse to public fund on limited leave to remain you still don’t qualify for student finance but indefinite leave to remain you do.I was on derivative residence permits for 5 years before I got leave to remain for 2.5 years.I have been waiting since June for settled status but no response till now.I have ask for my documents back because I am completely 10 years lawfull stay in 2020 I don’t want to miss my September school .