ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

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

Locked
Osprey12
Newly Registered
Posts: 4
Joined: Sun Jan 26, 2020 1:47 am

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Osprey12 » Mon Feb 10, 2020 8:28 pm

Karren123 wrote:
Mon Feb 10, 2020 1:03 pm
Hi, is anyone can help me any advice please.. I just received the Home Office letter and my application is been refused.. With all the evidence I submitted, they comes up that, they refuse my application of a zambrano and as a primary career of a British citizen child who is 10 yrs old because UK is now not a Member of EU! I can't appeal too.. What i must do, I can't leave my child alone here, he is studying here in a Private School as well... Please any advice? what i must do? Thank you
I think it's better to understand the difference. If your application was refused and you provided all the required evidence then you should have gotten a right of appeal. On the other hand you might have inadvertently submitted and invalid application which would have been met with a rejection.

It's all good submitting fresh applications but if they are based on material you previously submitted then I think it will be rejected as well.

If your next application is rejected for the same reasons and you haven't made an invalid application then you must challenge it by judicial review on the basis that the UK is in a transition period and nothing changes until December 2020. Your PAP letter will get their attention.


You could also try to submit an application under the settlement scheme.
Last edited by Osprey12 on Mon Feb 10, 2020 8:30 pm, edited 1 time in total.

Karren123
Newly Registered
Posts: 21
Joined: Tue Nov 26, 2019 6:26 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Karren123 » Mon Feb 10, 2020 8:30 pm

Zaza mum wrote:
Mon Feb 10, 2020 4:09 pm
Karren123 wrote:
Mon Feb 10, 2020 1:03 pm
Hi, is anyone can help me any advice please.. I just received the Home Office letter and my application is been refused.. With all the evidence I submitted, they comes up that, they refuse my application of a zambrano and as a primary career of a British citizen child who is 10 yrs old because UK is now not a Member of EU! I can't appeal too.. What i must do, I can't leave my child alone here, he is studying here in a Private School as well... Please any advice? what i must do? Thank you

Sorry to hear. I don't think is write too. Since it's in the transitional period. All the rules still remain the same. I think you shd write to them and resubmit the application again telling the the rules hasn't changed so the shd reconsider the application. And quote some laws for them.

Or go see your MP to help write covering letter with a new application to send to them. Sorry to here.
Im going to re apply again.. Will see how it goes... You are right maybe it's just a mistake because od this transition and will see how it goes and re submit again... Xx

Karren123
Newly Registered
Posts: 21
Joined: Tue Nov 26, 2019 6:26 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Karren123 » Mon Feb 10, 2020 8:45 pm

Osprey12 wrote:
Mon Feb 10, 2020 8:28 pm
Karren123 wrote:
Mon Feb 10, 2020 1:03 pm
Hi, is anyone can help me any advice please.. I just received the Home Office letter and my application is been refused.. With all the evidence I submitted, they comes up that, they refuse my application of a zambrano and as a primary career of a British citizen child who is 10 yrs old because UK is now not a Member of EU! I can't appeal too.. What i must do, I can't leave my child alone here, he is studying here in a Private School as well... Please any advice? what i must do? Thank you
I think it's better to understand the difference. If your application was refused and you provided all the required evidence then you should have gotten a right of appeal. On the other hand you might have inadvertently submitted and invalid application which would have been met with a rejection.

It's all good submitting fresh applications but if they are based on material you previously submitted then I think it will be rejected as well.

If your next application is rejected for the same reasons and you haven't made an invalid application then you must challenge it by judicial review on the basis that the UK is in a transition period and nothing changes until December 2020. Your PAP letter will get their attention.


You could also try to submit an application under the settlement scheme.

Yes, that's what I'm doing now. I'm checking all of it and evidence, they mentioned something also about relevant sections, so Im into it and yes, my evidence is all intact, all the letters from Headmaster to my 1 year lease which fully paid in advance, NHS letter shows my address, my Application under FM immigration rules, u named it even my Bank accounts which I am paying for the private school and don't get any government benefits, don't need it though.. All of that and prove that my British husband who is not in UK and living abroad for work, that its only me and my son of 10 yrs old who is a British citizen currently living in UK since last year . So, i think I will just see the relevant sections that they are talking about and I understand it now. Thanks for your help. Xxx and will let you know what's next.. Tomorrow I will re submit a whole new application.

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Mon Feb 10, 2020 8:58 pm

@Karren123

1.Can you please tell us the forms you used for your application.

2. Which EU State your child's dad is

3. Are you still together

4. What is your nationality

With these we can direct you better

Karren123
Newly Registered
Posts: 21
Joined: Tue Nov 26, 2019 6:26 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Karren123 » Mon Feb 10, 2020 9:13 pm

snooky wrote:
Mon Feb 10, 2020 8:58 pm
@Karren123

1.Can you please tell us the forms you used for your application.

2. Which EU State your child's dad is

3. Are you still together

4. What is your nationality

With these we can direct you better
Hi snooky, i applied for zambrano derivative residence card. My son and his dad is both British Citizen. We came from SA, move and live here with my son only since last year purely for his education and I am only his Primary Carer here in UK. Yes, we are still married and he lives abroad . Xx

User avatar
CR001
Moderator
Posts: 86820
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 » Mon Feb 10, 2020 9:22 pm

Karren123 wrote:
Mon Feb 10, 2020 9:13 pm
snooky wrote:
Mon Feb 10, 2020 8:58 pm
@Karren123

1.Can you please tell us the forms you used for your application.

2. Which EU State your child's dad is

3. Are you still together

4. What is your nationality

With these we can direct you better
Hi snooky, i applied for zambrano derivative residence card. My son and his dad is both British Citizen. We came from SA, move and live here with my son only since last year purely for his education and I am only his Primary Carer here in UK. Yes, we are still married and he lives abroad . Xx
Presumably your son also holds South African citizenship? It would therefore not be insurmountable for him to return to SA to live with you and your husband if he is a dual citizen
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.

Karren123
Newly Registered
Posts: 21
Joined: Tue Nov 26, 2019 6:26 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Karren123 » Mon Feb 10, 2020 9:40 pm

CR001 wrote:
Mon Feb 10, 2020 9:22 pm
Karren123 wrote:
Mon Feb 10, 2020 9:13 pm
snooky wrote:
Mon Feb 10, 2020 8:58 pm
@Karren123

1.Can you please tell us the forms you used for your application.

2. Which EU State your child's dad is

3. Are you still together

4. What is your nationality

With these we can direct you better
Hi snooky, i applied for zambrano derivative residence card. My son and his dad is both British Citizen. We came from SA, move and live here with my son only since last year purely for his education and I am only his Primary Carer here in UK. Yes, we are still married and he lives abroad . Xx
Presumably your son also holds South African citizenship? It would therefore not be insurmountable for him to return to SA to live with you and your husband if he is a dual citizen
Thanks snooky. I will update again once I get a new response. So far, I understand everything where I made a mistakes about the application so I just have to re apply again and gives them the relevant sections they ask for ignored about the notes of EU membership, maybe that is only a standard response. Xx

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 » Mon Feb 10, 2020 11:10 pm

Yessy wrote:
Sat Feb 08, 2020 7:16 am
Hi everybody, is there anyone with 2.5 leave to remain, who has been waiting since last year July?
There was this man we did an online application for as a Zambrano carer under the EU settlement scheme.
Apparently he was on his first year of his 2.5 leave to remain visa.
What marvels me is we just tried the online application to test grounds and lo and behold he was granted a settled status in which i thought he only qualifies for Pre-settled just last week 3/02/2020.
This is a big testimony, so brothers and sisters here, no one should worry for God is in control...
He had a good caseworker. Some of them are tyrants as well..

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 » Tue Feb 11, 2020 7:02 am

Karren123 wrote:
Mon Feb 10, 2020 9:40 pm
CR001 wrote:
Mon Feb 10, 2020 9:22 pm
Karren123 wrote:
Mon Feb 10, 2020 9:13 pm
snooky wrote:
Mon Feb 10, 2020 8:58 pm
@Karren123

1.Can you please tell us the forms you used for your application.

2. Which EU State your child's dad is

3. Are you still together

4. What is your nationality

With these we can direct you better
Hi snooky, i applied for zambrano derivative residence card. My son and his dad is both British Citizen. We came from SA, move and live here with my son only since last year purely for his education and I am only his Primary Carer here in UK. Yes, we are still married and he lives abroad . Xx
Presumably your son also holds South African citizenship? It would therefore not be insurmountable for him to return to SA to live with you and your husband if he is a dual citizen
Thanks snooky. I will update again once I get a new response. So far, I understand everything where I made a mistakes about the application so I just have to re apply again and gives them the relevant sections they ask for ignored about the notes of EU membership, maybe that is only a standard response. Xx
This is standard letter as my first application rejected but they also told me that my passport are expired to so need to make new application.

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Tue Feb 11, 2020 7:23 am

@Karren123

Morning my friend and thanks for the further development of your case

You have a similar case or situation with one member also from Russia and you all had entry clearance to the UK as a visitor, if am right!!

Myself and CR001 adviced the Russian lady to seek a different route as the Zambrano route would fail.

I adviced the lady to to seek entry to the UK under Appendix FM which has flexible route for such category and Zambrano has redefined there under british own interpretation.

You can apply under

1. Human right route
2. Parents of a british child under 18 years
3. Partner of a British citizen
4. Outside the Immigration Rules

Because your child has an entry clearance and his situation hasnt changed, the Home Office would always refused your case. Your child would be able to live in SA where he came from as no insurmountable and compulsion would compel him to leave a Member State.

The Zambrano principle C34/09 in 2011 was made for actually children born in the Union State who could not exercise their Treaty right under regulations eea and would be forced to leave should their parents are to go out OF THE MEMBER STATE INDEFINITELY.

Article 20 of TFEU section 16(5) of the 2016 revised EEA REGULATIONS and 2006 regulations EEA (5A)4A will not engage in your situation.

Even the recent Patel vs SSHD Supreme Court ruling 2016 affirmed that the original ruling of Zambrano could not been watered down

That is why your case was refused without a right of Appeal because you failed to meet the first 2 of the 5 stages set up in the wider EU Law of right to reside test which is adpoted in Zambrano guidance and derivatives guidance.

Don't waste your time for reapplying because you would be refused again and that would also give you an adverse immigration history.

You can now do Appendix FM by first puttting in a fee waiver application and later when accepted you can do your application under Appendix FM for free.

Zambrano actually for minor Union members who never stayed in any Third Country before or have come to an EU country and their country has changed due to coupe, and other factors beyound their control.

Please do Appendix FM and all would be fine. The Judges are only there to interpretate the original ruling. Such your case could only be fought at the European Court of Justice because non us ever surface as a test case before.

The section 55 of the Borders and citizens right to protect children under the UK can also not be engaged here because Home Office has a policy of not dividing family. This is overlaps the article 7 of the Immigration EEA REGULATIONS and United nations Charter Right of a child.

The best interests of your child is to be with both parents as before and because your child has a Home in SA your case will not meet the requirements of Zambrano principles

Thanks

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Tue Feb 11, 2020 7:39 am

@Karen 123

Your case might look similar with others on this board but it is not the same. There should be a perculiar situation in Yours to succeed.

Should you and your british Husband live in the UK then Zambrano can be engaged as he would have to work and you will have to look after the child.

Tell your husband to relocate to London for just 6 months and Zambrano could be engaged.

That was the Shah vs SSHD under Patel case.

Karren123
Newly Registered
Posts: 21
Joined: Tue Nov 26, 2019 6:26 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Karren123 » Tue Feb 11, 2020 11:08 am

snooky wrote:
Tue Feb 11, 2020 7:39 am
@Karen 123

Your case might look similar with others on this board but it is not the same. There should be a perculiar situation in Yours to succeed.

Should you and your british Husband live in the UK then Zambrano can be engaged as he would have to work and you will have to look after the child.

Tell your husband to relocate to London for just 6 months and Zambrano could be engaged.

That was the Shah vs SSHD under Patel case.
Morning Snooky, thank you so much for your advise. I got this and I will update you in a weeks time. Thanks my friend. Xx

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 » Tue Feb 11, 2020 2:38 pm

Hi
Spoke to resolution center with manager. He ensured me that people like me having similar situations start getting letters in post so very soon i will also get letter in post.
Whn ask to raise with quality control mangment he said its not gona make any difference and ask to give call back in 2 weeks time if no letter received.
😔

Ngoo
Member
Posts: 205
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Tue Feb 11, 2020 6:49 pm

Hello everyone!

I have two children that are British Citizens. Age 15 and 13 all born in UK.
I and my two younger kids applied for Zambrano derivative card on 13th of January 2020 As our ltr runs out the very next day which was the 14th. Home office refused the application based on the fact that I have other route like the leave to remain. However I applied for Zambrano derivative card because I am a primary Carer of a British Citizen. I was given 14 days to appeal. Please how do I put in a paper appeal. Thanks 🙏

LULUBABY
Senior Member
Posts: 560
Joined: Thu Jan 30, 2020 8:33 pm
Mood:
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by LULUBABY » Tue Feb 11, 2020 7:34 pm

Hi all, my COA dated 5th of February was received yesterday 10th of February. The letter states decision will follow SHORTLY. It just feels like a FILM which I thought was GENERAL and have now realised it is a HORROR FILM and it requires Parental Guidance. SEASON 1 BIOMETRICS : SEASON 2 COA: SEASON 3 DECISION. SEASON 2 feels like the CLIMAX of this EU SETTLEMENT story. I hope and pray SEASON 3 has a happy ending. May they not drag it to SEASON 4 APPEAL.

Ngoo
Member
Posts: 205
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Tue Feb 11, 2020 8:00 pm

mubashir1981 wrote:
Tue Feb 11, 2020 2:38 pm
Hi
Spoke to resolution center with manager. He ensured me that people like me having similar situations start getting letters in post so very soon i will also get letter in post.
Whn ask to raise with quality control mangment he said its not gona make any difference and ask to give call back in 2 weeks time if no letter received.
😔
Hello Mubashir,

How did you do the paper appeal for the Zambrano derivative card? Thanks

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 » Tue Feb 11, 2020 8:04 pm

Ngoo wrote:
Tue Feb 11, 2020 8:00 pm
mubashir1981 wrote:
Tue Feb 11, 2020 2:38 pm
Hi
Spoke to resolution center with manager. He ensured me that people like me having similar situations start getting letters in post so very soon i will also get letter in post.
Whn ask to raise with quality control mangment he said its not gona make any difference and ask to give call back in 2 weeks time if no letter received.
😔
Hello Mubashir,

How did you do the paper appeal for the Zambrano derivative card? Thanks
I did it online.

Ngoo
Member
Posts: 205
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Tue Feb 11, 2020 8:13 pm

Please can you me the link? Thanks

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 » Tue Feb 11, 2020 8:26 pm

Ngoo wrote:
Tue Feb 11, 2020 8:13 pm
Please can you me the link? Thanks
https://immigrationappealsonline.justic ... k/IACFees/

If u need grounds of appeal ler ne k ow i will give u.

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 » Tue Feb 11, 2020 8:31 pm

Ngoo wrote:
Tue Feb 11, 2020 8:13 pm
Please can you me the link? Thanks
I am doing on paper appeal not oral.

Ngoo
Member
Posts: 205
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Tue Feb 11, 2020 8:38 pm

mubashir1981 wrote:
Tue Feb 11, 2020 8:26 pm
Ngoo wrote:
Tue Feb 11, 2020 8:13 pm
Please can you send me the link? Thanks
https://immigrationappealsonline.justic ... k/IACFees/

If u need grounds of appeal ler ne k ow i will give u.
Yeah please I need it. Please I need assistance cos I have no idea how do it. Though I want to make a paper appeal. Many thanks

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 » Tue Feb 11, 2020 8:54 pm

Ngoo wrote:
Tue Feb 11, 2020 8:38 pm
mubashir1981 wrote:
Tue Feb 11, 2020 8:26 pm
Ngoo wrote:
Tue Feb 11, 2020 8:13 pm
Please can you send me the link? Thanks
https://immigrationappealsonline.justic ... k/IACFees/

If u need grounds of appeal ler ne k ow i will give u.
Yeah please I need it. Please I need assistance cos I have no idea how do it. Though I want to make a paper appeal. Many thanks
I am at work will finish 6 am morning so will send u detail in morning

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Tue Feb 11, 2020 8:56 pm

mubashir1981 wrote:
Tue Feb 11, 2020 2:38 pm
Hi
Spoke to resolution center with manager. He ensured me that people like me having similar situations start getting letters in post so very soon i will also get letter in post.
Whn ask to raise with quality control mangment he said its not gona make any difference and ask to give call back in 2 weeks time if no letter received.
😔
Mubashir my good friend

Base upon what you Just wrote, technically everyone in some point would receive a decision but the question is WHEN

The person you might have spoken with is building a long wall so that you could not talk to the boss

Keep trying not 2 weeks but on Sunday then try again with another person. One out of the lot Will sympathise with you to actually do the right thing

Home Office is just stupidly only looking into the cases of member State citizen as they are their biggest problem.

As I said Mubashir, Zambrano_ombudsman showed you the process of complaining. Now that you have done your complaint and unfavourable result received, phone the PHSO people and officially log your case.

Then rewrite the Home Office complaint Department and CC(copy) to your MP and PHSO.

Officially your MP would have to send your case to PHSO for final redress

Ngoo
Member
Posts: 205
Joined: Sun Jan 12, 2020 10:06 pm
Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Ngoo » Tue Feb 11, 2020 9:04 pm

mubashir1981 wrote:
Tue Feb 11, 2020 8:54 pm
Ngoo wrote:
Tue Feb 11, 2020 8:38 pm
mubashir1981 wrote:
Tue Feb 11, 2020 8:26 pm
Ngoo wrote:
Tue Feb 11, 2020 8:13 pm
Please can you send me the link? Thanks
https://immigrationappealsonline.justic ... k/IACFees/

If u need grounds of appeal ler ne k ow i will give u.
Yeah please I need it. Please I need assistance cos I have no idea how do it. Though I want to make a paper appeal. Many thanks
I am at work will finish 6 am morning so will send u detail in morning
Ok thanks

snooky
Senior Member
Posts: 874
Joined: Fri Nov 01, 2019 8:17 pm

Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Tue Feb 11, 2020 9:05 pm

@Ngoo

Sorry to hear your refusal under Zambrano

Could you tell us your appeal right section Home Office wrote on your refusal letter.

Every case is different and for you to get good help, it would be Nice for as to know which section of right of Appeal Home Office mentioned.

Again could you let us know if you are still with the children father

Lastly how did you get your ltr

Locked
cron