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As long as the UK is part of the EU, a parent of a British child can qualify under the UK and EU regulations.A ‘person with a Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person:
.....
In addition, the person must be without leave to enter or remain in the UK granted under another part of the Immigration Rules.
https://www.duncanlewis.co.uk/immigrati ... 2019).htmlFustrated2019 wrote: ↑Sun Jan 26, 2020 6:32 pmYes I currently have discretionary leave to remain . It was granted under article 8CR001 wrote: ↑Sat Jan 25, 2020 12:12 pmThere is no such category. The user likely means they currently hold discretionary leave to remain which is leave to remain granted under the UK immigration rules.Zambrano_ombudsman wrote: ↑Sat Jan 25, 2020 11:52 amDoes anyone know what "eu settlement with discretionary leave" is?Fustrated2019 wrote: ↑Fri Jan 24, 2020 10:16 pmHi everyone, I want to pick your brains on something. Can I apply for eu settlement with discretionary leave following a failed asylum claim . I have a British born child who is 6 years old and has a British passport.
Many thanks
@Fustrated2019 Are you saying you have discretionary leave currently?
Dear Zambrano_ ombudsman,Zambrano_ombudsman wrote: ↑Sun Jan 26, 2020 6:38 pmhttps://assets.publishing.service.gov.u ... .0-ext.pdf
As long as the UK is part of the EU, a parent of a British child can qualify under the UK and EU regulations.A ‘person with a Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person:
.....
In addition, the person must be without leave to enter or remain in the UK granted under another part of the Immigration Rules.
The Courts have ruled the parent can be both a Zambrano carer and a person with leave to remain. Will this ruling apply after 31 January 2020?
Happy new year to allnetqueen wrote: ↑Mon Jan 27, 2020 12:08 pmDear Zambrano_ ombudsman,Zambrano_ombudsman wrote: ↑Sun Jan 26, 2020 6:38 pmhttps://assets.publishing.service.gov.u ... .0-ext.pdf
As long as the UK is part of the EU, a parent of a British child can qualify under the UK and EU regulations.A ‘person with a Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person:
.....
In addition, the person must be without leave to enter or remain in the UK granted under another part of the Immigration Rules.
The Courts have ruled the parent can be both a Zambrano carer and a person with leave to remain. Will this ruling apply after 31 January 2020?
I would like to read the case notes on the court ruling that parent can be both a Zambrano carer and a person with leave to remain. could you kindly give me a link to this court ruling or the case notes available to be read.
Thanks a lot
AikinsAikins wrote: ↑Sun Jan 26, 2020 4:51 amsnooky wrote: ↑Tue Dec 17, 2019 6:21 pmYes mubashir, at times Home Office caseworkers need more information as a cover to help them make an infom decision on cases.mubashir1981 wrote: ↑Tue Dec 17, 2019 12:42 pmThats great hope u get settle status soon. I have learnt alot from skelton of argument u sent to me. My passports gone for renewal and will get it next week. This time i have draft a covering letter for my drf1 application should i send this or not i meant would this make any difference to HO or they gona stick to there policy to apply first under uk law.snooky wrote: ↑Tue Dec 17, 2019 11:37 am
Mubashir, we are all here to help.
Yeah six months gone but I have received two emails from the Home Office.
One from the post decision casework unit acknowledging promulgation and implementation of the Judge's decision on the 15th of November after the Courts ruling on 31st October 2019.
Time line
Zambrano renewal february 16th 2019
Zambrano refused June 10th 2019
Appealled logged on 15th of June 2019
Appeal heard and allowed on 31st October 2019
Acceptance of promulgation 16th December 2019
Will keep you update when my Zambrano is Re-issued
Second letter is also yesterday from eu settlment scheme saying due to them been overwhelm they a Sorry that the have not been concluded my application. But they are asking for little bit of time so I shouldnt proceed to the Court. Already done PAP
Time line
Zambrano DR EU Settlement application 15th June 2019
Biometric 23rd June 2019
COA received 7th July 2019
PAP done 15th October 2019
PAP response from HO 25th 2019
Home Office seeking more time letter 16th December 2019
Will update you asual.
The good news is, I am not worried again because by virtue of the courts decision to allow my appeal and Home Office failure to appeal against the Judges decision,
I still have my Zambrano RESTORED and no more
shenanigans from the dracul empire
Tnx
What do u say?
Just use what i gave you and the new ruling of Patel vs SSHD and Shah. All will be well. Now Home Office should decide cases on case by case study.
Get your passport, bang in your application with good covering letter and just wait for the decision.
Home Office will not refuse parents who themselves have no status and their only right is to derive from their British child. The new Patel case makes it clear.
Nice one
snooky,
Is it possible to send me the skeleton argument that you used?
Thanks
Aikins
HiZambrano_ombudsman wrote: ↑Tue Jan 21, 2020 5:45 pmIgnore the earlier post, consider using the letter on the bottom instead.
Home OfficeZambrano_ombudsman wrote: ↑Tue Jan 21, 2020 4:32 pmLINK TO THE COMPLAINT FORM CREATED BY THE HOME OFFICEmubashir1981 wrote: ↑Sat Jan 18, 2020 10:23 amZambrano_ombudsman
can you plz share any complaint template. due to poor English i am finding difficult.
Thanks
https://assets.publishing.service.gov.u ... s_form.pdf
LINK TO THE HOME OFFICE ADVICE ON HOW TO COMPLAIN ABOUT THE HOME OFFICE
https://www.gov.uk/government/organisat ... -procedure
Tell us as much information about yourself as you can. This will help us to find the information relevant to your case, and to contact you about it. The information you should provide is listed below:
- your contact details. It is important you include your address and phone number as we may contact you to resolve your complaint by phone or to request further information
- the names of the applicant/ original complainant if you’re completing this on behalf of someone else. We must have written authority to disclose information about another person’s case
- full details of the matter you’re complaining about, including times, dates and locations
- the names or identifying numbers of any staff you’ve dealt with
- details of any witnesses to the incident, if appropriate
- copies of the relevant letters or papers
We can only accept complaints in English and Welsh.
- details of any reimbursement issues including papers and receipts to support your claim
Direct communications unit
2 Marsham Street
London SW1P 4DF
[insert date]
Dear Home Office,
I write to complain about the time the Home Office has taken to process my EU Settlement Visa (Zambrano carer) application.
Timeline
[insert date] I applied to the scheme.
[insert date] I received a Certificate of Application.
As of today, I have not received a decision on my application.
I accept applications by Zambrano carers are more complicated than EU citizen applications, in part because they are paper based.
I also understand enquiries are required on occasions.
Your need to make further enquiries and the derived EU status of Zambrano carers are factors that do not account for the difference in service standards between EU citizens and Zambrano carers.
Specifically, if EU citizens can receive a response within a 5 day target, Zambrano carers should receive receive a response within weeks.
The length of time for EU settlement paper applications makes it difficult or impossible to find work because employers fear being fined for employing people not entitled to work. This can and does lead to significant hardship for many families.
Applicants are prevented from travelling abroad for significant periods and this can lead to hardship particularly as requesting the return of a passport in emergency leads to the application being 'withdrawn'. I feel this restricts both my freedom of movement but also that of my British citizen partner.
All applicants have a right to be treated in a fair, considerate and timely manner which the Home Office is clearly failing to do at present. Why is it taking up to six months to complete applications that take minutes to process? What steps are being taken to improve the standards of service? Is it acceptable to use minimum standards as targets?
I intend to complain to my Member Of Parliament - and eventually, the Parliamentary Ombudsman, should I not receive a decision forthwith.
I await your response with interest!
Yours sincerely
[insert name]
https://www.gov.uk/government/organisat ... -procedure
snooky wrote: ↑Mon Jan 27, 2020 1:44 pmAikinsAikins wrote: ↑Sun Jan 26, 2020 4:51 amsnooky wrote: ↑Tue Dec 17, 2019 6:21 pmYes mubashir, at times Home Office caseworkers need more information as a cover to help them make an infom decision on cases.mubashir1981 wrote: ↑Tue Dec 17, 2019 12:42 pm
Thats great hope u get settle status soon. I have learnt alot from skelton of argument u sent to me. My passports gone for renewal and will get it next week. This time i have draft a covering letter for my drf1 application should i send this or not i meant would this make any difference to HO or they gona stick to there policy to apply first under uk law.
What do u say?
Just use what i gave you and the new ruling of Patel vs SSHD and Shah. All will be well. Now Home Office should decide cases on case by case study.
Get your passport, bang in your application with good covering letter and just wait for the decision.
Home Office will not refuse parents who themselves have no status and their only right is to derive from their British child. The new Patel case makes it clear.
Nice one
snooky,
Is it possible to send me the skeleton argument that you used?
Thanks
Aikins
You would have to send me a private mail within the portal to take it from there
Hi Obie
B4 u gave different email for complaint. Where i sent. Public.enqiries oneZambrano_ombudsman wrote: ↑Mon Jan 27, 2020 4:10 pmCommon questions that keep appearing on this forum:
Question 1: Should a non EU parent of a British child with limited leave to remain apply for EU settlement as a Zambrano carer?
Answer 1: YES! for two reasons:
a.) It is free to file.
b.) Patel vs SSHD
Note: Many solicitors will tell you your application will probably fail. Home Office guidance says you will fail. Apply anyway.
Question 2: What if I have been waiting for a decision for more than 3, 4 or 5 months?
Answer 2: Email a complaint to complaints@homeoffice.gov.uk. They have 20 days to respond. Keep complaining until you get a decision or they give you a final response. Once you get a final response, go to your Member of Parliament, your local MP, and ask them to help you complain to the Parliamentary Ombudsman(PHSO). The PHSO will almost certainly call the Home Office and ask them why no decision has been made. The Home Office will almost certainly give them a deadline by which they will make a decision. If many people contact the PHSO, the PHSO will investigate these delays faced by so many Zambrano carers more deeply.
Question 3: Will the Home Office be able to ignore EU rules after 31 January 2020 and deny Zambrano carers settlement?
Answer 3: I don't know.
What I do know: Calling the hotline every day is almost certainly not going to get them to process your application any faster.
Mubashir my friendmubashir1981 wrote: ↑Mon Jan 27, 2020 2:22 pmMe and my wife had biomatric on 16th jan for drv card application. Wife got coa on 21 jan mine still not arrived. Is it normal or should they come together.
Hi Happy New Year Snooky..
Question 3: Will the Home Office be able to ignore EU rules after 31 January 2020 and deny Zambrano carers settlementmubashir1981 wrote: ↑Mon Jan 27, 2020 4:29 pmB4 u gave different email for complaint. Where i sent. Public.enqiries oneZambrano_ombudsman wrote: ↑Mon Jan 27, 2020 4:10 pmCommon questions that keep appearing on this forum:
Question 1: Should a non EU parent of a British child with limited leave to remain apply for EU settlement as a Zambrano carer?
Answer 1: YES! for two reasons:
a.) It is free to file.
b.) Patel vs SSHD
Note: Many solicitors will tell you your application will probably fail. Home Office guidance says you will fail. Apply anyway.
Question 2: What if I have been waiting for a decision for more than 3, 4 or 5 months?
Answer 2: Email a complaint to complaints@homeoffice.gov.uk. They have 20 days to respond. Keep complaining until you get a decision or they give you a final response. Once you get a final response, go to your Member of Parliament, your local MP, and ask them to help you complain to the Parliamentary Ombudsman(PHSO). The PHSO will almost certainly call the Home Office and ask them why no decision has been made. The Home Office will almost certainly give them a deadline by which they will make a decision. If many people contact the PHSO, the PHSO will investigate these delays faced by so many Zambrano carers more deeply.
Question 3: Will the Home Office be able to ignore EU rules after 31 January 2020 and deny Zambrano carers settlement?
Answer 3: I don't know.
What I do know: Calling the hotline every day is almost certainly not going to get them to process your application any faster.
Thanks snooky. I think u should also be making complaint to homeoffice about ur settle staus application. Urs i think is now more than 7 monts. Why did u stop chasing? I know u got ur drv card but still u should complain to give hard time ti homeoffice like they give us.snooky wrote: ↑Mon Jan 27, 2020 4:34 pmMubashir my friendmubashir1981 wrote: ↑Mon Jan 27, 2020 2:22 pmMe and my wife had biomatric on 16th jan for drv card application. Wife got coa on 21 jan mine still not arrived. Is it normal or should they come together.
Good to here your partner got COA and you waiting for Yours. Take your time it shall be in. You have made good progress. Within 6 months of posting your Zambrano, you’re gonna get a decision. From the date on your wifes COA, just count 3 months and your decision will be with you.
Good man and tnx for trusting all on this board
hi,Hadjer123 wrote: ↑Mon Jan 27, 2020 9:43 pmHi Guys sorry if I disappeared I h e been busy revising for exams I took last two weeks .
Now I want to share the judge letter and respond for my case as well as well full submission , but I could t at tech a file here .
Any idea how I could I do that ? Thank you
Morning ObieObie wrote: ↑Mon Jan 27, 2020 4:42 pmHi Happy New Year Snooky..
I believe when you about to post, there are two options, one is Option and the other is Attachment. If you click on attachment, you should be able to send.
