Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Fustrated2019]

Hi@snooky i have received an email from the presenting officer requesting that I send my evidence to them but I haven’t received anything from them . Is this the normal process ?

Hi

You need fon the ftt to telling them you haven't received anything from the HO.

If it is normal!!!!. Hmmm with HO everything is possible but check with them if they have your current address as HO will send to you documents through your last known address

hi @snooky its me again

i called the court this morning and they said i dont need to send anything yet as its only a case management review and not the actual hearing. So i am a bit confused as to why the HO barrister wants to have the documents i intend to rely on for the CMR? what do you think ? I havent replied to the email yet.

[rachellynn1972]

Hi@snooky i have received an email from the presenting officer requesting that I send my evidence to them but I haven’t received anything from them . Is this the normal process ?

Hi

You need fon the ftt to telling them you haven't received anything from the HO.

If it is normal!!!!. Hmmm with HO everything is possible but check with them if they have your current address as HO will send to you documents through your last known address

hi @snooky its me again

i called the court this morning and they said i dont need to send anything yet as its only a case management review and not the actual hearing. So i am a bit confused as to why the HO barrister wants to have the documents i intend to rely on for the CMR? what do you think ? I havent replied to the email yet.

HO Barrister work for the HO not you, Any document you sent to him will be used against you. Better send documents to court not HO Barrister. Listen to the court advice, if a decision maker ask for more document i would have understand but not their Barrister.

[Fustrated2019]

Hi@snooky i have received an email from the presenting officer requesting that I send my evidence to them but I haven’t received anything from them . Is this the normal process ?

Hi

You need fon the ftt to telling them you haven't received anything from the HO.

If it is normal!!!!. Hmmm with HO everything is possible but check with them if they have your current address as HO will send to you documents through your last known address

hi @snooky its me again

i called the court this morning and they said i dont need to send anything yet as its only a case management review and not the actual hearing. So i am a bit confused as to why the HO barrister wants to have the documents i intend to rely on for the CMR? what do you think ? I havent replied to the email yet.

HO Barrister work for the HO not you, Any document you sent to him will be used against you. Better send documents to court not HO Barrister. Listen to the court advice, if a decision maker ask for more document i would have understand but not their Barrister.

@rachellynn1972 that’s what I thought. Thank goodness I didn’t reply . The court haven’t asked for anything. Thank you for your reply

[rachellynn1972]

Hi

You need fon the ftt to telling them you haven't received anything from the HO.

If it is normal!!!!. Hmmm with HO everything is possible but check with them if they have your current address as HO will send to you documents through your last known address

hi @snooky its me again

i called the court this morning and they said i dont need to send anything yet as its only a case management review and not the actual hearing. So i am a bit confused as to why the HO barrister wants to have the documents i intend to rely on for the CMR? what do you think ? I havent replied to the email yet.

HO Barrister work for the HO not you, Any document you sent to him will be used against you. Better send documents to court not HO Barrister. Listen to the court advice, if a decision maker ask for more document i would have understand but not their Barrister.

@rachellynn1972 that’s what I thought. Thank goodness I didn’t reply . The court haven’t asked for anything. Thank you for your reply

Their Barrister shouldn't be asking you anything anyway, they work with HO decision maker who gives to them the information they have. You deal with decision maker direct or the court.

[adeolu100]

Hi Snooky,

This is not probably for this thread. I've contacted some Solicitors who I thought would be able to handle my wife's case based on the law quoted but they seem disinterested. I'll be glad if you could recommend any law firm that can tackle cases like this. Due to my health, I don't think I can take it on. It will be too much for me.
Kind regards

[CR001]

Hi Snooky,

This is not probably for this thread. I've contacted some Solicitors who I thought would be able to handle my wife's case based on the law quoted but they seem disinterested. I'll be glad if you could recommend any law firm that can tackle cases like this. Due to my health, I don't think I can take it on. It will be too much for me.
Kind regards

Members are not permitted to post the names and details of solicitors on the forum. Any such detail will be removed.

[adeolu100]

Okay, thanks.

[Prettymum]

I have Good news my friends in the house

Zambrano application: refused in July 2020
I was advised to make application for private life

Applied for fee waiver: August 2020
Fee waiver granted: 02/09/2020

Application for private life done in 02/09/20

First Flr FP application

In person biometrics 16/10/20

Escalated in January 2021: Response not completed

Escalated in April 21 2021: Response not completed

Visa Approval: 22/04/21

BRP Card Received :waiting...

Good luck to those still waiting

[LULUBABY]

I have Good news my friends in the house

Zambrano application: refused in July 2020
I was advised to make application for private life

Applied for fee waiver: August 2020
Fee waiver granted: 02/09/2020

Application for private life done in 02/09/20

First Flr FP application

In person biometrics 16/10/20

Escalated in January 2021: Response not completed

Escalated in April 21 2021: Response not completed

Visa Approval: 22/04/21

BRP Card Received :waiting...

Good luck to those still waiting

Congratulations prettymum. Finally, the whole stress has ended. I am happy for you. You can now rest and stop worrying.

[Prettymum]

I have Good news my friends in the house

Zambrano application: refused in July 2020
I was advised to make application for private life

Applied for fee waiver: August 2020
Fee waiver granted: 02/09/2020

Application for private life done in 02/09/20

First Flr FP application

In person biometrics 16/10/20

Escalated in January 2021: Response not completed

Escalated in April 21 2021: Response not completed

Visa Approval: 22/04/21

BRP Card Received :waiting...

Good luck to those still waiting

Congratulations prettymum. Finally, the whole stress has ended. I am happy for you. You can now rest and stop worrying.

Thank you LULUBABY you are next in line.

[Here2stay]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

[snooky]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.

[snooky]

Hi Snooky,

This is not probably for this thread. I've contacted some Solicitors who I thought would be able to handle my wife's case based on the law quoted but they seem disinterested. I'll be glad if you could recommend any law firm that can tackle cases like this. Due to my health, I don't think I can take it on. It will be too much for me.
Kind regards

No solicitor want to do Zambrano cases because of its technicalities and percentage of winning. They also think Zambrano applicants are poor, homeless and have less voice under the rules.

I don't recommend solicitors because they are all the same.

Sorry

[snooky]

I have Good news my friends in the house

Zambrano application: refused in July 2020
I was advised to make application for private life

Applied for fee waiver: August 2020
Fee waiver granted: 02/09/2020

Application for private life done in 02/09/20

First Flr FP application

In person biometrics 16/10/20

Escalated in January 2021: Response not completed

Escalated in April 21 2021: Response not completed

Visa Approval: 22/04/21

BRP Card Received :waiting...

Good luck to those still waiting

Hi

Good to hear your success.

Bless

[snooky]

Hi@snooky i have received an email from the presenting officer requesting that I send my evidence to them but I haven’t received anything from them . Is this the normal process ?

Hi

You need fon the ftt to telling them you haven't received anything from the HO.

If it is normal!!!!. Hmmm with HO everything is possible but check with them if they have your current address as HO will send to you documents through your last known address

hi @snooky its me again

i called the court this morning and they said i dont need to send anything yet as its only a case management review and not the actual hearing. So i am a bit confused as to why the HO barrister wants to have the documents i intend to rely on for the CMR? what do you think ? I havent replied to the email yet.

Good because the firm isn't your soliciting firm and hard no jurisdiction to request anything from you.

Good luck

[Here2stay]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.

Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.

I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.

Please, am confused and drained and need your help.

Thank you.

[LULUBABY]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.

Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.

I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.

Please, am confused and drained and need your help.

Thank you.

From what I understand the HO letter is not addressing whether you are a Zambrano carer or not.
The letter is just saying that you have 2 same types of applications (A and B) with the HO and their law says in a situation where someone has 2 same types of applications with the HO, the 2nd Application (B) automatically cancels the first Application (A) HO will stop looking into that 1st Application (A) but will then continue looking at the issues in the person's second application (B).

Snooky is then telling you that if that person still wants that first application, he or she has to start afresh and make that first application again to the HO (C).

That fresh application (C) will now be looked into because the person now has 2 same types of Application again (B and C) automatically, Application (C) will cancel that Application (B) the HO was looking at, so (C) will now be the only application the person has with the HO.

Imagine same types of Applications are on a queue and HO wants no queue, just one Application at a time, so if an Application comes in from someone, it is ok, but if another Application comes in from that same person and it is the same type of Application with the previous one that came in, then that person's most recent Application will push out that previous Application, so one same type of Application at a time.

Do you already have a decision from the Family Life Application because the letter mentions lyr till 14th July 2023.

[LULUBABY]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.

Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.

I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.

Please, am confused and drained and need your help.

Thank you.

If yes you do have LTR then just request for another Application form from EUSS, fill it properly and send it back. That will be your only application with the HO and they will definitely look at it and make a decision on whether you are a Zambrano carer or not.

That will then be when you will start talking about whether HO is right or wrong based on their decision.

Don't worry. Be strong.

[snooky]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.

Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.

I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.

Please, am confused and drained and need your help.

Thank you.

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.
[/quote]

Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.

I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.

Please, am confused and drained and need your help.

Thank you.
[/quote]

Hi

You are right about what you have just said but it only applies when it's precluding you from meeting the requirements set by the act of parliament.

This is actually an Immigration rule under paragraph 34A. You have to understand that EUSS is a domestic Immigration application and is under 1971 Immigration rules.

As far as a decision hasn't been done, you could reapply for euss to vary the Appendix FM applications.

HO is right under the law to do so as this stops people doing multiple applications.

There's an exception to this rule. Meaning it does not apply to HR applications.

Don't be confused as HO is within the law.

Don't be confused with eea reg 16 applications and its Counterpart euss. As I said it is the same thing but controlled by two different government.

[snooky]

Hi all,

Am a silent admirer of many of you fearless/courageous members of this platform.
Your determinations have helps some of us to "hold tight". Keep up the good work.

Please Snooky, I need your help with the below response from EUSS.
Thank you.

Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
We are writing to tell you that you are only permitted to have one outstanding application for leave under the UK’s Immigration Rules at any one time. Since submitting your application (0000-0000-xxxxx) on 13th August 2020 under the EU Settlement Scheme as a ‘person with a Zambrano right to reside, you have submitted a Family and Private Life application (1xxxxxxxxxx) for leave to remain in the UK under the Immigration Rules on 7th September 2020. As you have submitted more than one valid application under the UK’s Immigration Rules, we will only consider the most recent of these applications, which is Family and Private Life application dated 7th September 2020. Your earlier application, made under the EU Settlement Scheme, will be treated as varied and will not be considered.
You do not need to take any further action. It is acknowledged that you were granted LTR until 14th July 2023 under Family and Private Life.
If we need any more information from you in the meantime, we will contact you again.

Yours sincerely,

Hi

What you have or did is called genuine mistake within this tricky immigration system in the UK.

The HO made it clear under the rules that the only application that won't be overlapping is EEA Reg 16 application or holder and the EUSS application.

Reason is that these 2 applications are virtually the same and one can not vary the other.

Now your euss application which technically a domestic form of application can be varied by any Appendix FM application or vice versa. This means your Appendix FM application has now become your main application and has eliminated your euss from their file.

They will consider the second application which is most recent.

To get back to euss, you will have to reapply again so that it will also wipe off the Appendix FM application when they receive it.

Honestly the euss isn't EEA form of leave but a promise by the HO to put all eea and their family members back to where there were before brexit happened.

Thank you Snooky for your response,
Please, if I understand you correctly, They (Home office) have a point here?.

I thought HO rules are "not" the law and that me having LTR doesn't prevent me from being a Zambrano carer?.

Please, am confused and drained and need your help.

Thank you.

From what I understand the HO letter is not addressing whether you are a Zambrano carer or not.
The letter is just saying that you have 2 same types of applications (A and B) with the HO and their law says in a situation where someone has 2 same types of applications with the HO, the 2nd Application (B) automatically cancels the first Application (A) HO will stop looking into that 1st Application (A) but will then continue looking at the issues in the person's second application (B).

Snooky is then telling you that if that person still wants that first application, he or she has to start afresh and make that first application again to the HO (C).

That fresh application (C) will now be looked into because the person now has 2 same types of Application again (B and C) automatically, Application (C) will cancel that Application (B) the HO was looking at, so (C) will now be the only application the person has with the HO.

Imagine same types of Applications are on a queue and HO wants no queue, just one Application at a time, so if an Application comes in from someone, it is ok, but if another Application comes in from that same person and it is the same type of Application with the previous one that came in, then that person's most recent Application will push out that previous Application, so one same type of Application at a time.

Do you already have a decision from the Family Life Application because the letter mentions lyr till 14th July 2023.

Thanks

Very good advice

[Chris90]

Been a while,

To that forum member who recently had home office varied your application under the EU settlement scheme to appendix fm home office is right. They are using the powers they have against you when it's convenient for them, notice how they said you don't have to do nothing( that's what they would want). Both these applications are under UK domestic rules, they have the powers to only consider the most recent but let me tell you this. If your application under the EU settlement scheme was less favorable, that's what they would have consider. If it was the other way around, lets say you submitted appendix fm first then EU settlement scheme afterwards I believe they would not have exercised that rule but instead give you a decision on appendix fm very fast.

Here's how you checkmate the great home office, request another application form and apply again. They will have to consider it under relevant reg. NOTHING TO LOSE.

To those finding it difficult to get a lawyer to take up your case understand these things,

- some lawyers are lazy and would always advise the easiest option. Whether it's ethical or not, I don't get to decide which it is.

-when they get you to successfully apply under appendix fm, without it going appeal they can advertise attractive success rates to future clients. You see, lawyers know the unique position home office is in with zambrano carers, lawyers knows home office, it's their jobs after all. They know office will have to almost with surety act reasonable after refusal under zambrano principles.

Hope those defending the few right they had in the FtT remain strong.

Do not be discouraged or distracted, laws and the court goes hand in hand, in the principles of Zambrano its strong for most applicants. You just make sure you meet the criteria.

Just my views , not legal advice.

Best regards.

[snooky]

Been a while,

To that forum member who recently had home office varied your application under the EU settlement scheme to appendix fm home office is right. They are using the powers they have against you when it's convenient for them, notice how they said you don't have to do nothing( that's what they would want). Both these applications are under UK domestic rules, they have the powers to only consider the most recent but let me tell you this. If your application under the EU settlement scheme was less favorable, that's what they would have consider. If it was the other way around, lets say you submitted appendix fm first then EU settlement scheme afterwards I believe they would not have exercised that rule but instead give you a decision on appendix fm very fast.

Here's how you checkmate the great home office, request another application form and apply again. They will have to consider it under relevant reg. NOTHING TO LOSE.

To those finding it difficult to get a lawyer to take up your case understand these things,

- some lawyers are lazy and would always advise the easiest option. Whether it's ethical or not, I don't get to decide which it is.

-when they get you to successfully apply under appendix fm, without it going appeal they can advertise attractive success rates to future clients. You see, lawyers know the unique position home office is in with zambrano carers, lawyers knows home office, it's their jobs after all. They know office will have to almost with surety act reasonable after refusal under zambrano principles.

Hope those defending the few right they had in the FtT remain strong.

Do not be discouraged or distracted, laws and the court goes hand in hand, in the principles of Zambrano its strong for most applicants. You just make sure you meet the criteria.

Just my views , not legal advice.

Best regards.

Thank you Chris90. Well said

[snooky]

Been a while,

To that forum member who recently had home office varied your application under the EU settlement scheme to appendix fm home office is right. They are using the powers they have against you when it's convenient for them, notice how they said you don't have to do nothing( that's what they would want). Both these applications are under UK domestic rules, they have the powers to only consider the most recent but let me tell you this. If your application under the EU settlement scheme was less favorable, that's what they would have consider. If it was the other way around, lets say you submitted appendix fm first then EU settlement scheme afterwards I believe they would not have exercised that rule but instead give you a decision on appendix fm very fast.

Here's how you checkmate the great home office, request another application form and apply again. They will have to consider it under relevant reg. NOTHING TO LOSE.

To those finding it difficult to get a lawyer to take up your case understand these things,

- some lawyers are lazy and would always advise the easiest option. Whether it's ethical or not, I don't get to decide which it is.

-when they get you to successfully apply under appendix fm, without it going appeal they can advertise attractive success rates to future clients. You see, lawyers know the unique position home office is in with zambrano carers, lawyers knows home office, it's their jobs after all. They know office will have to almost with surety act reasonable after refusal under zambrano principles.

Hope those defending the few right they had in the FtT remain strong.

Do not be discouraged or distracted, laws and the court goes hand in hand, in the principles of Zambrano its strong for most applicants. You just make sure you meet the criteria.

Just my views , not legal advice.

Best regards.

Thank you Chris90. Well said.most lawyers are woke, and very lazy. Lawyers within the Immigration have allowed HO to abuse zambrano carers with guidance which can't stand the test of court.

Lawyers discrimination against would be zambrano carers just because they are TCNs and poor. This is how they think.

In March 2019 when zambrano was incorporated under the scheme (euss), lawyers wrote them off and illegally advising TCNs to go for appendix fm as this was an easy option.

Those who listened to the lawyers lost their right of SS under the scheme and others PSS.

Thanks

[Chris90]

@snooky

When I see how home office deals with zambrano, It make me feel bad, its not nice but its the storm before the calm I guess.
@all

We are slowly getting there. I wish every zambrano carer would take up the right they get to appeal.

At some point it would be nice to see a dedicated drf1 / euss appeal sub forum for us all to see how the court has be doing.

I have seen many here happy when they won their appeal.

[diplo]

Hi All,

I have been a regular but silent follower of this forum. I admire the courage of people here, and appreciate the help, advice and encouragement that @snooky and the others have been providing on this forum. Thank you guys!

My partner and I recently had our Zambrano based EUSS applications refused by the HO because "an Appendix FM or Article 8 ECHR application or claim has a realistic prospect of success in your case because it is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of British citizen children and because there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused".

We have begun the appeal process to challenge the decision. I am however worried about how long the appeal will take and not sure I want to be that long without valid ltr. We are now considering making an Appendix FM application while also pursuing the appeal.

My question now is, if we put in an Appendix FM application now will that stop the EUSS decision appeal from going ahead? Or will the HO accept the Appendix FM application as valid and process it while the appeal also goes ahead?

I really need the advice of you guys, thank you so much.

Cheers.