Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

jossywilliams wrote: ↑

Mon Sep 07, 2020 8:50 pm

Did you had LTR under immigration rules or Under EEA?

My previous 2.5yrs was on the basis of me being a responsible parent. That route was a ten years route, but that has now changed.

How are so many people who currently have limited leave to remain getting settlement under the EU Settlement Scheme? At the same time, other people with limited leave to remain receive refusal letters?

jossywilliams wrote: ↑

Mon Sep 07, 2020 8:50 pm

IST wrote: ↑

Mon Sep 07, 2020 8:03 pm

jossywilliams wrote: ↑

Mon Sep 07, 2020 6:32 pm

Zambrano application: 4th Sept 2019
HO acknowledgement: 24th September
MP letter to HO : 15th May 2020
HO reply : 29th May 2020 ( generic)
....
Several calls, followed by complain.

Telephone complain : 17th June 2020
HO response to complain: 26th June

Several calls...

PRE- SETTLED Status granted today : 7th September 2020

ALL PRAISE TO GOD. GOODLUCK TO EVERYONE!

Jossywilliams.

Congratulations.

Did you had LTR under immigration rules or Under EEA?

My previous 2.5yrs was on the basis of me being a responsible parent. That route was a ten years route, but that has now changed.

So you LTR was expired before your pre settled granted?

IST wrote: ↑

Mon Sep 07, 2020 9:11 pm

jossywilliams wrote: ↑

Mon Sep 07, 2020 8:50 pm

IST wrote: ↑

Mon Sep 07, 2020 8:03 pm

jossywilliams wrote: ↑

Mon Sep 07, 2020 6:32 pm

Zambrano application: 4th Sept 2019
HO acknowledgement: 24th September
MP letter to HO : 15th May 2020
HO reply : 29th May 2020 ( generic)
....
Several calls, followed by complain.

Telephone complain : 17th June 2020
HO response to complain: 26th June

Several calls...

PRE- SETTLED Status granted today : 7th September 2020

ALL PRAISE TO GOD. GOODLUCK TO EVERYONE!

Jossywilliams.

Congratulations.

Did you had LTR under immigration rules or Under EEA?

My previous 2.5yrs was on the basis of me being a responsible parent. That route was a ten years route, but that has now changed.

So you LTR was expired before your pre settled granted?

Yes it expired in January...

jossywilliams wrote: ↑

Mon Sep 07, 2020 9:21 pm

IST wrote: ↑

Mon Sep 07, 2020 9:11 pm

jossywilliams wrote: ↑

Mon Sep 07, 2020 8:50 pm

IST wrote: ↑

Mon Sep 07, 2020 8:03 pm

Jossywilliams.

Congratulations.

Did you had LTR under immigration rules or Under EEA?

My previous 2.5yrs was on the basis of me being a responsible parent. That route was a ten years route, but that has now changed.

So you LTR was expired before your pre settled granted?

Yes it expired in January...

Most of us here are responsible parents.
You are very lucky enjoy the freedom congratulations again

That means the Home Office should approve people who go from LTR to zambrano once the LTR expires? That must be because of the Patel/Shah ruling. So the people who are being refused must be ex Zambrano carers who now have LTR? It isn't clear who is being refused.

forney wrote: ↑

Mon Sep 07, 2020 8:03 pm

Ngoo wrote: ↑

Mon Sep 07, 2020 7:34 pm

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

Which court is it? Did you ask the Court about how you can apply for expedition? In addition to expedition, you may want to find other Zambrano carers with a similar claim to yours and file with them.

Is Taylor House London. No I didn’t ask the court for expedition. Thanks

forney wrote: ↑

Mon Sep 07, 2020 8:03 pm

Ngoo wrote: ↑

Mon Sep 07, 2020 7:34 pm

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

Which court is it? Did you ask the Court about how you can apply for expedition? In addition to expedition, you may want to find other Zambrano carers with a similar claim to yours and file with them.

Is Taylor House London. No I didn’t ask the court for expedition. Thanks

forney wrote: ↑

Mon Sep 07, 2020 8:03 pm

Ngoo wrote: ↑

Mon Sep 07, 2020 7:34 pm

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

Which court is it? Did you ask the Court about how you can apply for expedition? In addition to expedition, you may want to find other Zambrano carers with a similar claim to yours and file with them.

Is Taylor House London. No I didn’t ask the court for expedition. Thanks

Is Taylor House London. No I didn’t ask the court for expedition. Thanks

You just have to write a letter to the judge and email it to the court. Explain that a no deal Brexit in January could make your arguments/claim irrelevant.

Call the court with your claim number and they will tell you which email address to use.

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

What is your main argument to challenge the Home Office? On what grounds are you challenging their refusal?

The first tier tribunal is probably a waste of time. The first tier Tribunal judges have very limited power. Judges have limited power to interpret the rules, even if they want to decide in your favour. That may be why they are not deciding your claim.

The problem is when you look at the appendix EU, if you go into the definition section, you will see a definition of a person who had a Zambrano residence card. That definition does not include people who now have leave to remain. So Zambrano carers who currently have leave to remain are excluded from appendix EU. For this reason, both an upper tribunal judge and a first tier Tribunal judge will probably rule against the Zambrano carer.

These questions around leave to Remain for Zambrano carers should really be answered in the High Court or the appeals court or the Supreme Court. So your best option is probably to file a judicial review in one of the highest courts. To do so is expensive so you should find other people who have the same problem and file together.

if you applied for settlement after 31st of January 2020 - First Tier Tribunal (Appeal)

if you get a refusal letter, you can appeal to the first tier tribunal, or you can appeal directly to the High Court and challenge the lawfulness of the UK regulations. I would probably apply on the papers because it is cheaper and application is unlikely to be successful if it is challenging a refusal because of LTR.

if you applied for settlement before 31st of January 2020 - Upper Tribunal (JR)

If you get a refusal letter you can file for judicial review to the upper tribunal, or you can appeal directly to the High Court and challenge the lawfulness of the UK regulations.

Hello everyone. I am new here but I must first say that I appreciate everyone's input. You lot gave me the courage to put in my Zambrano application.
I sent my drf1 application last week and payment has been taken yesterday. However, I am unsure if I need to apply for the eu scheme especially as home office refused to send me the form.
I have a 2.5 years( first of 10 long years) leave to remain that expires soon in December and I am so confused at the moment. I am just worried that home office will mess up my immigration again.
Oh I'm just rambling honestly.
And congrats jossywilliams!

forney wrote: ↑

Tue Sep 08, 2020 12:06 am

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

What is your main argument to challenge the Home Office? On what grounds are you challenging their refusal?

I am the sole Carer of two British Citizens my first child will turn 16 in two months and the second British citizen will turn 14 this month. My DRF 1 application was refused because they felt I stand a better chance if I had renewed the LTR...
I actually applied a day before the LTR expired. The only documentation I have is the COA

I am still waiting for the EU settlement application. I applied since January 21st 2020

Ngoo wrote: ↑

Tue Sep 08, 2020 6:15 am

forney wrote: ↑

Tue Sep 08, 2020 12:06 am

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

What is your main argument to challenge the Home Office? On what grounds are you challenging their refusal?

I am the sole Carer of two British Citizens my first child will turn 16 in two months and the second British citizen will turn 14 this month. My DRF 1 application was refused because they felt I stand a better chance if I had renewed the LTR...
I actually applied a day before the LTR expired. The only documentation I have is the COA

I am still waiting for the EU settlement application. I applied since January 21st 2020

Ngoo

I can’t believe it why the court is taking so much time, I do understand they are busy but still your appeal is a paper application and should be taken less time.

Did you chase the EUSS application have you made any complaint recently?

Greatgreat wrote: ↑

Tue Sep 08, 2020 3:51 am

I sent my drf1 application last week and payment has been taken yesterday. However, I am unsure if I need to apply for the eu scheme especially as home office refused to send me the form. I have a 2.5 years( first of 10 long years) leave to remain that expires soon in December

Based on the experience of others on this thread, when your LTR expires in December, you will be eligible for settlement. You really need that EUSS form and to file for settlement before 31 December 2020. You should try and get their refusal in writing as proof. The Home Office don't have grounds to refuse you the form. By filing the drf1, you are declaring yourself a person who "excercises their derivative rights". I would begin the complaints process to get the form. I would also notify my MP. If you can get a copy of a blank form, you could fill it out and send it in.

Ngoo wrote: ↑

Tue Sep 08, 2020 6:15 am

I am the sole Carer of two British Citizens my first child will turn 16 in two months and the second British citizen will turn 14 this month. My DRF 1 application was refused because they felt I stand a better chance if I had renewed the LTR...
I actually applied a day before the LTR expired. The only documentation I have is the COA
I am still waiting for the EU settlement application. I applied since January 21st 2020

There are two questions: Should you be recognised as a derivative rights holder? Second, should you be granted settlement?

On question one, Your DRF1 claim seems so straightforward. The grounds for their refusal don't make sense. The Home Office can't tell you which route to take. If you qualify under DRF1, they should give it to you. You should copy and paste on this thread the exact words they used to refuse your application. It is hard to believe they would say that. I would push for expedition.

On question two, you have the COA, so your application was valid. You seem suitable. You will easily qualify under the Immigration Rules, Appendix EU, section EU11 once your LTR expires in December. The only question is timing. If there is a hard Brexit in January, will the outstanding settlement applications by derivative rights holders still be honoured?

forney wrote: ↑

Tue Sep 08, 2020 6:39 am

Greatgreat wrote: ↑

Tue Sep 08, 2020 3:51 am

I sent my drf1 application last week and payment has been taken yesterday. However, I am unsure if I need to apply for the eu scheme especially as home office refused to send me the form. I have a 2.5 years( first of 10 long years) leave to remain that expires soon in December

Based on the experience of others on this thread, when your LTR expires in December, you will be eligible for settlement. You really need that EU Settlement Scheme form and to file for settlement before 31 December 2020. You should try and get their refusal in writing as proof. The Home Office don't have grounds to refuse you the form. By filing the drf1, you are declaring yourself a person who "excercises their derivative rights". I would begin the complaints process to get the form. I would also notify my MP. If you can get a copy of a blank form, you could fill it out and send it in.

Another option that is somewhat more powerful: Start the pre action protocol process. You could threaten to take the Home Office to court over their refusal to provide you with the form. This will upset them, so you should think carefully about it. Plus, you are running out of time. You send the pre action protocol letter, giving them one week to respond with the form. If they don't give you the form, you can file a claim with the court and ask for expedition. The court could compel them to give you the form. Also, during the court process, the Home Office would have to explain the reasons for why they are denying you the form. The reasons they give would probably not stand up in Court under scrutiny.

IST wrote: ↑

Tue Sep 08, 2020 6:31 am

Ngoo wrote: ↑

Tue Sep 08, 2020 6:15 am

forney wrote: ↑

Tue Sep 08, 2020 12:06 am

My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

What is your main argument to challenge the Home Office? On what grounds are you challenging their refusal?

I am the sole Carer of two British Citizens my first child will turn 16 in two months and the second British citizen will turn 14 this month. My DRF 1 application was refused because they felt I stand a better chance if I had renewed the LTR...
I actually applied a day before the LTR expired. The only documentation I have is the COA

I am still waiting for the EU settlement application. I applied since January 21st 2020

Ngoo

I can’t believe it why the court is taking so much time, I do understand they are busy but still your appeal is a paper application and should be taken less time.

Did you chase the EU Settlement Scheme application have you made any complaint recently?

.

@1ST,
I honestly can’t believe it either. It’s very frustrating and they give the same response every week.

In terms of the EU settlement, my MP wrote them about 6weeks ago and they emailed him back explaining why is taking so long to process the application . They said that EU settlement application has to go through different checks and couple with the fact that they are working from home they have a lot of backlog, and they will get back to me in due course.

forney wrote: ↑

Tue Sep 08, 2020 6:56 am

forney wrote: ↑

Tue Sep 08, 2020 6:39 am

Greatgreat wrote: ↑

Tue Sep 08, 2020 3:51 am

I sent my drf1 application last week and payment has been taken yesterday. However, I am unsure if I need to apply for the eu scheme especially as home office refused to send me the form. I have a 2.5 years( first of 10 long years) leave to remain that expires soon in December

Based on the experience of others on this thread, when your LTR expires in December, you will be eligible for settlement. You really need that EU Settlement Scheme form and to file for settlement before 31 December 2020. You should try and get their refusal in writing as proof. The Home Office don't have grounds to refuse you the form. By filing the drf1, you are declaring yourself a person who "excercises their derivative rights". I would begin the complaints process to get the form. I would also notify my MP. If you can get a copy of a blank form, you could fill it out and send it in.

Another option that is somewhat more powerful: Start the pre action protocol process. You could threaten to take the Home Office to court over their refusal to provide you with the form. This will upset them, so you should think carefully about it. Plus, you are running out of time. You send the pre action protocol letter, giving them one week to respond with the form. If they don't give you the form, you can file a claim with the court and ask for expedition. The court could compel them to give you the form. Also, during the court process, the Home Office would have to explain the reasons for why they are denying you the form. The reasons they give would probably not stand up in Court under scrutiny.

Sorry, my LTR expired in January 2020 and I have already made an application for EU settlement since January 2020 and I am still waiting to hear from the HO

Ngoo wrote: ↑

Tue Sep 08, 2020 9:14 am

Sorry, my LTR expired in January 2020 and I have already made an application for EU settlement since January 2020 and I am still waiting to hear from the HO

I would escalate to the PHSO then (Parliamentary Ombudsman). Nine months is way too long.

Besides, they sent emails saying they were back to normal in May 2020. So, it can't be coronavirus.

Ngoo wrote: ↑

Tue Sep 08, 2020 9:08 am

IST wrote: ↑

Tue Sep 08, 2020 6:31 am

Ngoo wrote: ↑

Tue Sep 08, 2020 6:15 am

forney wrote: ↑

Tue Sep 08, 2020 12:06 am

What is your main argument to challenge the Home Office? On what grounds are you challenging their refusal?

I am the sole Carer of two British Citizens my first child will turn 16 in two months and the second British citizen will turn 14 this month. My DRF 1 application was refused because they felt I stand a better chance if I had renewed the LTR...
I actually applied a day before the LTR expired. The only documentation I have is the COA

I am still waiting for the EU settlement application. I applied since January 21st 2020

Ngoo

I can’t believe it why the court is taking so much time, I do understand they are busy but still your appeal is a paper application and should be taken less time.

Did you chase the EU Settlement Scheme application have you made any complaint recently?

.

@1ST,
I honestly can’t believe it either. It’s very frustrating and they give the same response every week.

In terms of the EU settlement, my MP wrote them about 6weeks ago and they emailed him back explaining why is taking so long to process the application . They said that EU settlement application has to go through different checks and couple with the fact that they are working from home they have a lot of backlog, and they will get back to me in due course.

We have to be strong and keep fighting, I had the same response form my MP .

IST wrote: ↑

Tue Sep 08, 2020 9:46 am

We have to be strong and keep fighting, I had the same response form my MP .

The Home Office are probably afraid your MP will approve an escalation to the PHSO. The PHSO have a new unit that is looking in to the Home Office. The PHSO can make sure the Home Office respond to you in a timely manner (and also award you compensation).

forney wrote: ↑

Tue Sep 08, 2020 9:57 am

IST wrote: ↑

Tue Sep 08, 2020 9:46 am

We have to be strong and keep fighting, I had the same response form my MP .

The Home Office are probably afraid your MP will approve an escalation to the PHSO. The PHSO have a new unit that is looking in to the Home Office. The PHSO can make sure the Home Office respond to you in a timely manner (and also award you compensation).

I will escalate it to PHSO and MP I am sure will sing it as he aware of the situation and has written to HO couple of times on my behalf and the HO comes back with a generic response

jossywilliams wrote: ↑

Mon Sep 07, 2020 8:50 pm

IST wrote: ↑

Mon Sep 07, 2020 8:03 pm

jossywilliams wrote: ↑

Mon Sep 07, 2020 6:32 pm

Zambrano application: 4th Sept 2019
HO acknowledgement: 24th September
MP letter to HO : 15th May 2020
HO reply : 29th May 2020 ( generic)
....
Several calls, followed by complain.

Telephone complain : 17th June 2020
HO response to complain: 26th June

Several calls...

PRE- SETTLED Status granted today : 7th September 2020

ALL PRAISE TO GOD. GOODLUCK TO EVERYONE!

Jossywilliams.

Congratulations.

Did you had LTR under immigration rules or Under EEA?

My previous 2.5yrs was on the basis of me being a responsible parent. That route was a ten years route, but that has now changed.

Was it through british child or EU child ? Thanks