Whyworry wrote: ↑Fri Mar 04, 2022 3:21 pm
Hi All,
I received update today regarding my EUSS application:
We are contacting you in regards to an application under the EU Settlement Scheme.
You applied to the EU Settlement Scheme (EUSS) as a ‘person with a Zambrano right to reside’.
The definition of a ‘person with a Zambrano right to reside’ provides, at paragraph (b), that the person must be without leave to enter or remain in the UK, unless this was granted under Appendix EU (see Annex 1 to Appendix EU).
You currently hold leave to enter or remain in the UK under Family/Private Life until 01 Sep 2023
The effect of paragraph (b) is that a person who held UK immigration leave (other than under Appendix EU to the Immigration Rules) could not meet the Appendix EU definition of a ‘person with a Zambrano right to reside’.
However, in the case of R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), the High Court ruled that paragraph (b), and the parts of the guidance – EU Settlement Scheme: person with a Zambrano right to reside – addressing that provision, were unlawful and ordered the Secretary of State for the Home Department (SSHD) to reconsider the relevant provisions of Appendix EU.
As a result of the High Court’s decision, the SSHD agreed, by way of a consent order dated 17 June 2021, that she will not determine applications made under Appendix EU on the basis that a person is or was a ‘person with a Zambrano right to reside’, where their case is affected by the decision in Akinsanya, until after she has completed her reconsideration of Appendix EU.
Given that you currently hold leave to remain in the UK until 01 Sep 2023, your application is directly affected by the decision in Akinsanya.
The Court of Appeal dismissed the SSHD’s appeal on 25 January 2022 and the SSHD is considering the implications of the judgment. In the meantime, your application cannot yet be decided. A decision will be made as soon as possible once the SSHD has completed her reconsideration of Appendix EU, as required by the consent order.
The SSHD does not consider that any detriment arises as a result of the hold on your application. In accordance with the consent order, as you made a valid EUSS Zambrano application by 30 June 2021, your certificate of application can be relied upon to confirm that your rights to work, study and (in England) rent a place to live are protected until the final determination of your EUSS Zambrano application (including the outcome of any appeal). Delete the following sentence if the person’s limited leave has since expired. As noted above, you also hold leave to enter or remain in the UK until 01 Sep 2023.
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.ser ... v.uk/start
Please note we cannot deal with any enquiries/replies sent directly to this mailbox.
Yours sincerely,
UKVI European Casework
I am optimistic We will all have good news to share very soon. Delay not denial.
