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No I haven't. They said they are still investigating what happened to them. So ll call in abt a 2weeks
Hi Alex6Alex6 wrote: ↑Sun Feb 16, 2020 9:32 pmwell, as far I know Discretionary is for 3 years x2. mine is 2.5 years and I don't think it was written anywhere In my LTR letter. my previous legal Rep said it was a Discretionary. but I was entitled benefits.snooky wrote: ↑Sun Feb 16, 2020 8:57 pmOk wait, you just said you were given a Discretionary Leave .Alex6 wrote: ↑Sun Feb 16, 2020 8:22 pmThanks Snookysnooky wrote: ↑Sun Feb 16, 2020 6:13 am
Alex6
Your question depends on which Zambrano application made
1. With EEA Zambrano applications, Home Office will hold on to your passport and identity until decision is made. So you are talking about 2-6 months.
2. With EU Settlment Scheme Zambrano DR applications it could take up to 2 months for you to get your identity and passport back. What we have seen is Home Office works fast on sending back your identity under the Settlement Scheme.
In all cases it can really delay extremely
I have been here since 2005.
I met my current partner 2007, (British born, never been to Nigeria) well educated.
In 2008 we started living together. In 2010 we made an application for (FLR M) as a cohabitating partner which was refused.. all appeal and JR was exhausted, but the Judge accepted that our relationship was genuine and subsisting. (we cant get married cos me not having a Doc)
In 2012 we made another application and was refused with all appeal and JR (Not oral) in 2014.
In 2014 I was detained while my judicial review was still on. In detention I met with a new legal Rep that took on my JR and also question the Home office if they have considered how I got here in the first place, that I may have been traffic ( I was 16), which I explained in my all Applications... Then I was released.
in 2015 we had our first child. fast forward 2017 I was sent discretionary LTR for 2.5 year. after a long battle with trafficking case. My Legal Rep was going to challenge it for a 5 years, then indefinite. we said NO, cos we could not afford it ( No More Legal Aid) more so we just want move on after everything we've been through.
In 2018 we had our 2nd child.
I have all Doc for appeals and JRs.
I wish I knew about Zambrano long ago. Advice PLease! should I do as planed or submit my extension first??????
Under the rule of DISCRETION in UK immigration, this leave should be taken up to six years to be entitle for indefinite leave to remain
Such applications are free of charge because basically it is a downgraded Asylum application under the human right Act.
To advise you well, will be impossible as the Home Office letter explaining your stay and rights which accompanied your document is for your eyes only
See a solicitor to assess your discretionary leave and its conditions then come back on the board
If you have discretionary leave, you are allow means tested benefits.
You are slightly wrong. The traditional 2 X 3 year DLR route was replaced by the FLR FP 10 year route, 4 X 2.5 year visas or the FLR FP 5 year Parent route, 2 X 2.5 year visas under Appendix FM. The old DLR was not under appendix FM.snooky wrote: ↑Mon Feb 17, 2020 5:03 pmHi Alex6
Most common discretionary leave is what you see of 3 years x 2
That is not how it always works Alex6. Home Office can give discretionary leave with whatever years they dim fit but not exceeding 6 years
People can be given 2 x 2 x 2 or whichever ratio. Is all about the perculiarity of your situation
In immigration no two cases are the same.
thanks Guys,CR001 wrote: ↑Mon Feb 17, 2020 6:07 pmYou are slightly wrong. The traditional 2 X 3 year DLR route was replaced by the FLR FP 10 year route, 4 X 2.5 year visas or the FLR FP 5 year Parent route, 2 X 2.5 year visas under Appendix FM. The old DLR was not under appendix FM.snooky wrote: ↑Mon Feb 17, 2020 5:03 pmHi Alex6
Most common discretionary leave is what you see of 3 years x 2
That is not how it always works Alex6. Home Office can give discretionary leave with whatever years they dim fit but not exceeding 6 years
People can be given 2 x 2 x 2 or whichever ratio. Is all about the perculiarity of your situation
In immigration no two cases are the same.
snooky wrote: ↑Mon Feb 17, 2020 1:09 amTito1312Tito1312 wrote: ↑Sun Feb 16, 2020 9:18 pmHellr Everyone,
Please i am seriously confused, and need help and advice.
i have a pending application with the EU settlement office-zambrano settled status scheme. In the last three month i have been waiting for their decision, meanwhile my leave to remain (2.5yrs) is due for renewal in a weeks time.
Am confused as i dont know what the outcome of the eu settlement will be , and i dont want to forteit or lose out on my existing 10yr rout as this will be my 3rd renewal.
what is my best option, wait for the eu settlement decision or put in my renewal application which will automatically nullify my existing eu application
Please advice.
Thanks Snooky
I do appreciate your response.
You are not the only person trapped in this situation. The psycological game being played by Home Office is deadly. Is like a Russian Roulette
Know one can definately ask you to either be here nor there but we Comment.
First of as Zambrano EEA stands, you could qualify for it and from what we have seen through FTT Court. This is EU directives
With Zambrano EU Settlement Scheme DR, time and time I have said it's UKs promise to eu citizens and their family members and written under Appendix EU immigration EU 27.
As you have waisted months and waited patiently also, I will say be brave and continue to wait. This is because you actually qualify for Zambrano both settlement scheme and EEA Under its entirety and it's another route under eu immigration which UK has adpoted into the Annex 1 Appendix EU enshrined in the withdrawal agreement.
The dubios V3 of the Zambrano guidance for the settlement scheme has said that Home Office caseworkers should consider cases if refusing would compel the child to leave the UK when the parents 2.5 ltr is either finished or less than 28 days left. This is the watered down of the 16 December 2019 Supreme Court Judgment - Patel vs SSHD.
Now because all of these applications now triggar APPEAL RIGHT, under the Law, I will say Home is in a Breach of Law amounting to CONTEMPT of COURT for failure to implement Supreme Court Ruling, the Judges will always be in your favour for now there is a clear practical direction for Zambrano route.
Under Patel vs SSHD and others, Mr Shah precarious leave was allowed in the Supreme Court by the Judges saying One parent being an exempt person does not stop the TCN to hold Zambrano Derivative Right and Home Office should assess cases with Dependency and Responsibility and Section 55. By this determination compulsion engages.
So the choice is Yours
Tito1312 wrote: ↑Mon Feb 17, 2020 8:00 pmsnooky wrote: ↑Mon Feb 17, 2020 1:09 amTito1312Tito1312 wrote: ↑Sun Feb 16, 2020 9:18 pmHellr Everyone,
Please i am seriously confused, and need help and advice.
i have a pending application with the EU settlement office-zambrano settled status scheme. In the last three month i have been waiting for their decision, meanwhile my leave to remain (2.5yrs) is due for renewal in a weeks time.
Am confused as i dont know what the outcome of the eu settlement will be , and i dont want to forteit or lose out on my existing 10yr rout as this will be my 3rd renewal.
what is my best option, wait for the eu settlement decision or put in my renewal application which will automatically nullify my existing eu application
Please advice.
Thanks Snooky
I do appreciate your response.
You are not the only person trapped in this situation. The psycological game being played by Home Office is deadly. Is like a Russian Roulette
Know one can definately ask you to either be here nor there but we Comment.
First of as Zambrano EEA stands, you could qualify for it and from what we have seen through FTT Court. This is EU directives
With Zambrano EU Settlement Scheme DR, time and time I have said it's UKs promise to eu citizens and their family members and written under Appendix EU immigration EU 27.
As you have waisted months and waited patiently also, I will say be brave and continue to wait. This is because you actually qualify for Zambrano both settlement scheme and EEA Under its entirety and it's another route under eu immigration which UK has adpoted into the Annex 1 Appendix EU enshrined in the withdrawal agreement.
The dubios V3 of the Zambrano guidance for the settlement scheme has said that Home Office caseworkers should consider cases if refusing would compel the child to leave the UK when the parents 2.5 ltr is either finished or less than 28 days left. This is the watered down of the 16 December 2019 Supreme Court Judgment - Patel vs SSHD.
Now because all of these applications now triggar APPEAL RIGHT, under the Law, I will say Home is in a Breach of Law amounting to CONTEMPT of COURT for failure to implement Supreme Court Ruling, the Judges will always be in your favour for now there is a clear practical direction for Zambrano route.
Under Patel vs SSHD and others, Mr Shah precarious leave was allowed in the Supreme Court by the Judges saying One parent being an exempt person does not stop the TCN to hold Zambrano Derivative Right and Home Office should assess cases with Dependency and Responsibility and Section 55. By this determination compulsion engages.
So the choice is Yours
Hello Mubashir!
I applied for eea zambrano card on 30/12/2019 and got decision on 27/01/2020 asking to make application under uk law. Same department how can they make decisions less than month for same application same supporting documents if they are understaffed. They r delebretly holdings applications.Chris90 wrote: ↑Mon Feb 17, 2020 8:12 pmHey all,
According to January statistics on the EU settlement scheme, there is currently a backlog of 377 700 at the end of January 2020. They have around 1800 to 2000 staff working in the settlement scheme according to my research, not all of those numbers are caseworkers, I wonder if they work 24 hours on a shift basis or just a regular day shift only. 377 thousand is a huge amount plus new applicants will continue to apply each month. They are clearly under staff.
. You are right, they are really understaffed. They must be overwhelmed by those never ending applications. They don’t work at night, according to the guy whom I spoke to, sometime ago at the EU resolution centre.Chris90 wrote: ↑Mon Feb 17, 2020 8:12 pmHey all,
According to January statistics on the EU settlement scheme, there is currently a backlog of 377 700 at the end of January 2020. They have around 1800 to 2000 staff working in the settlement scheme according to my research, not all of those numbers are caseworkers, I wonder if they work 24 hours on a shift basis or just a regular day shift only. 377 thousand is a huge amount plus new applicants will continue to apply each month. They are clearly under staff.
They deffo making longer than it needs to be for us I agree.mubashir1981 wrote: ↑Mon Feb 17, 2020 8:28 pmI applied for eea zambrano card on 30/12/2019 and got decision on 27/01/2020 asking to make application under uk law. Same department how can they make decisions less than month for same application same supporting documents if they are understaffed. They r delebretly holdings applications.Chris90 wrote: ↑Mon Feb 17, 2020 8:12 pmHey all,
According to January statistics on the EU settlement scheme, there is currently a backlog of 377 700 at the end of January 2020. They have around 1800 to 2000 staff working in the settlement scheme according to my research, not all of those numbers are caseworkers, I wonder if they work 24 hours on a shift basis or just a regular day shift only. 377 thousand is a huge amount plus new applicants will continue to apply each month. They are clearly under staff.
It crazy, they need to get more staff as its no excuse for applicants waiting for so long. It's not good enough.LULUBABY wrote: ↑Mon Feb 17, 2020 8:59 pm. You are right, they are really understaffed. They must be overwhelmed by those never ending applications. They don’t work at night, according to the guy whom I spoke to, sometime ago at the EU resolution centre.Chris90 wrote: ↑Mon Feb 17, 2020 8:12 pmHey all,
According to January statistics on the EU settlement scheme, there is currently a backlog of 377 700 at the end of January 2020. They have around 1800 to 2000 staff working in the settlement scheme according to my research, not all of those numbers are caseworkers, I wonder if they work 24 hours on a shift basis or just a regular day shift only. 377 thousand is a huge amount plus new applicants will continue to apply each month. They are clearly under staff.
True did u appeal?Ngoo wrote: ↑Mon Feb 17, 2020 9:55 pmI don’t think they are understaffed. They have all the manpower and equipment they need. They are just delaying applications to discourage people from applying for settlement. I applied for derivative residence card and they responded within a month
Application-13th of January 2020
COA -23rd of January 20
Refused- 8th of February 20
Yea i have spoken to a solicitor but not final yet he is asking for 600 for paper appeal. I have Skelton of argument from snokey and FTT judge determination for hia case which is 100 percent similar to mine.
Thanks for sharing. I had similar reply but bit short version. I have asked to review my complaint so then i can take my complaint with phso. We nees to keep pressure on them.njazzy wrote: ↑Tue Feb 18, 2020 11:41 amAfter contacting EU settlement scheme about the delay in my application, this is what they said.
Dear *****
Thank you for your telephone contact dated 15 February 2020 regarding your submitted EU Settlement Scheme application (reference ****), which has been made under Zambrano provisions.
It is understood that although your completed paper application was received by the Home Office on 13 June 2019, you are yet to receive a decision on your case.
We are aware that you have contacted us on several occasions in the hope of progressing your case and we apologise for any inconvenience caused whilst your application for status has remained outstanding.
It is confirmed that the Home Office has to make a number of enquiries before we can reach a decision on whether or not to grant settled status to an individual under the terms of the EU Settlement Scheme. The extent and length of time taken to complete these enquiries varies according to the circumstances of each particular application.
Whilst we endeavour to progress all applications in a timely manner, processing times will vary on
1
a case-by-case basis and, as outlined on GOV.uk , can be increased for a number of reasons
including, but not limited to, the following:
• you submit a paper application - for example if your application is based on a derivative right to reside in the UK
• we need to request more information from you
• you're applying as a minor and your application is not linked to an adult
• you have a relevant criminal record
• you're a non-EEA or non-Swiss citizen and are applying based on a relationship you
haven't relied on in a previous application to the Home Office
Thus, as mentioned above, in the case of applicants such as yourself who are applying via derivative routes, the Home Office must fully consider the application against all the relevant criteria, as determined by the specific legal precedent.
You will be notified directly should any further documentation be required in order to reach a decision on your case and we would, therefore, recommend that you wait to hear from the caseworker and follow their instructions when prompted.
As soon as the Home Office is in a position to conclude your case, then notification of our decision will be sent with immediate effect.
All eligibility decisions are made by a fully qualified caseworker, who will evaluate all the relevant evidence when considering your application. This means, however, that as previously advised, we are unable to provide timeframes for completion as each application is considered on the basis of its individual circumstances.
Although we are aware that you have expressed dissatisfaction with the advice imparted to you by previous telephony agents with whom you have discussed your case, please note that it is correct for agents to advise that each application must undergo the required checks and that application processing times may vary on a case-by-case basis.
1 https://www.gov.uk/government/publicati ... -times/eu- settlementscheme-pilot-current-expected-processing-times-for-applications
Furthermore, please refer to the following with regard to your concerns regarding your rights in the UK whilst your application for status remains outstanding, given that you have stated that your current Leave to Remain is due to expire in 3 months.
We can confirm that the Certificate of Applicaton with which you were issued on 9 July 2019, does not denote an immigration status in the UK, nor is it proof of your right to work in the UK.
As disclosed therein, should a a non-EU citizen not have a biometric residence document issued under EEA regulations, as proof of their right to work, then information about the individual’s right to work, can be found by using the eform availbale at the following link: www.immigrationstatuscheck.service.gov.uk/employers/
Further information about the Employer Checking Service and the responsibilities of employers can be found at:
www.gov.uk/employee-immigration-employment-status
As we deal only with queries pertaining to status granted under the Settlement Scheme, we would be unable to advise on the process of extending your current residence document, should you wish to do so. For more information please contact UKVI: General, Euro & Nationality Enquiries on 0300 123 2253.
As UK Visas and Immigration continuously endeavour to improve our services, we nevertheless express our gratitude for your comments, as they provide us with further insight on how the system is performing and enable us to continue to develop and improve the system. Your comments will be fed back to the appropriate department for further consideration.
Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status- enquiries.service.gov.uk/start.
Please note we cannot deal with any enquiries/replies sent directly to this mailbox.
Yours sincerely,
EU Settlement Resolution Centre UK Visas & Immigration
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... migration- andcitizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Hello Chris, thanks for your concern . I didn’t mention the Supreme Court ruling. The manager I spoke to was nice but couldn’t help me further than to lodge a complain in my favour which they replied.Chris90 wrote: ↑Tue Feb 18, 2020 11:59 amHey njazzy,
In your telephone call did you mention the recent supreme Court ruling in Dec last year. I noticed they mention "specific legal precedent" and was wondering if you raised the Patel/Shah vs sshd supreme Court case. Would be great if you did.
thanks for the feedback.
