Zambrano Settled Status EU settlement scheme Paper Application Form

[Nyamebeye]

I am responding to anyone who has 2.5 yrs leave which is about to expire and you have applied under the settlement scheme. The truth of the matter is that you have been put in a very difficult position by not hearing anything about your application under the EU settlement scheme (EUSS).
My advise is for you to renew your leave under UK domestic laws as you have been doing. If your leave expires , it means you will lose continuity of residence you have accrued (3,4,5 yrs) and you will have to start all over again under the 10 yr route again. Bearing in mind section 3C does not apply to EU applications so you will not be protected for having an a pending application wit the HO.

I have said here before that it is hard for people to accept that the EUSS is not for holders of 2.5yrs limited leave and I dont blame anyone because the HO themselves did not know what they were doing in the first place so they told everyone with 2.5 yrs that they were eligible to apply under zambrano. They went further to grant a couple of people in error and now has left a lot of people in limbo.

It is hard but a sad truth that if you don't want to lose the years you have spent on 10 yr route, then you will need to renew your leave.

I was reading an article on effects of overstaying leave by more than 14 days and it kind of give similar example as your cases here.

[Darasimidd]

Hi

I have been following this thread for quiet sometime but now About the EU settlement scheme.

I submitted my application for EU settlement since June done my biometrics and got COA but my leave under parent route 2.5 is about to expire this month of November. Do anybody have an idea if it's ok to renew under UK domestic law under parent or partner and if it's going to affect my current application for settlment if I renew under parent/partner as nothing is been heard about those who apply having leave to remain under 2.5. As am a bit confused at the moment

Calling resolution center for application if asked if you got leave they say you not eligible.

Please any idea will be appreciated.

I will advise you renew your 2.5 years leave to remain. I'm in the same situation and I have started filling my extension form lol. Its better to be safe, if in doubt call EU settlement and request to speak to a manager. Good luck

[snooky]

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EUSS guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

[snooky]

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups
Hi snooky
Thanks for ur reply.
My child got registered in july 2019 me and my wife both have no immigration status. Made application 8th aug 2019. Under eu settlment Still no reply. Should i also make application using drf1 form under eu rules as it will give me right of apeal. If they refused my application under eu settlment and brexit happen then i would not able to take to court.
And can i go for judicial review after 4 months as the always says there is no time limit for this application.
Thanks

Hello
Was you child had the british nationality on section 1 (4) of the british nationality Act (by registration) as the child turned 10in the UK

[mubashir1981]

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EU Settlement Scheme guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

I also have made application for fee waiver as well. Now dont no which application going to processes.

[mubashir1981]

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups
Hi snooky
Thanks for ur reply.
My child got registered in july 2019 me and my wife both have no immigration status. Made application 8th aug 2019. Under eu settlment Still no reply. Should i also make application using drf1 form under eu rules as it will give me right of apeal. If they refused my application under eu settlment and brexit happen then i would not able to take to court.
And can i go for judicial review after 4 months as the always says there is no time limit for this application.
Thanks

Hello
Was you child had the british nationality on section 1 (4) of the british nationality Act (by registration) as the child turned 10in the UK

Yes

[Darasimidd]

I also have made application for fee waiver as well. Now dont no which application going to processes.
[/quote]

Did you send a break down of your outgoings for each month when you apply for fee waiver? What evidence did you send? Sorry for the questions just that I am filling my fee waiver application but I haven't submit it. I've got few weeks to go

[snooky]

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups
Hi snooky
Thanks for ur reply.
My child got registered in july 2019 me and my wife both have no immigration status. Made application 8th aug 2019. Under eu settlment Still no reply. Should i also make application using drf1 form under eu rules as it will give me right of apeal. If they refused my application under eu settlment and brexit happen then i would not able to take to court.
And can i go for judicial review after 4 months as the always says there is no time limit for this application.
Thanks

Hello
Was you child had the british nationality on section 1 (4) of the british nationality Act (by registration) as the child turned 10in the UK

Yes

Morning mubashir 1981

You are fine because your british child is not a british by decent and you the parents have the right under Article 20 of TFEU, section 15A.

Should the Home plays their normal crassness by saying this, because Patel vs SSHD is added to the EUSS

You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge it and you are going to win. Reason is Zambrano resorted that by belgium asking the parents to leave, the children would lose their,

deprivation of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizens identified in the decision in Zambrano [2011] EUECJ C-34/09 is limited to safeguarding a British citizen’s EU rights as defined in Article 20.

The provisions of reg. 15A of the Immigration (European Economic Area) Regulations 2006 as amended apply when the effect of removal of the carer of a British citizen renders the British citizen no longer able to reside in the United Kingdom or in another EEA state. This requires the carer to establish as a fact that the British citizen will be forced to leave the territory of the Union.

Read this here
https://moj-tribunals-documents-prod.s3 ... igeria.doc

Hope this will give you smile you are safe.

[snooky]

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EU Settlement Scheme guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

I also have made application for fee waiver as well. Now dont no which application going to processes.

Morning

As I have said to you from the onset, the main caseworkers' guidance for EUSS page 31, paragraph 1 clearly states this

Applicationpending under the EU Settlement Scheme(Variations)

If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

This means that, you have technically redrew your first application (the settled status application) by virtue of elimination by substitution.

The only application that can be upheld is making EEA application whilst having settled status application on-going. The work co-currently. They dont overlap each other. You can have the two at the same time by virtue of paragraph 31 of the main caseworkers' guidance paragraph 3. Quote and unquote

Application made under the EU Settlement Scheme and the Immigration (European EconomicArea)
Regulations 2016

An applicant can hold status under the EU Settlement Scheme and a document under the Immigration (European Economic Area) Regulations 2016. If an applicant applies under one while they have an application pending under the other, you must process both applications and retain any fee that was paid for the application under the EEA Regulations.

Sorry

[Mike4cooll]

Thanks for your reply. Just unfortunate to technically withdraw the first application

[Billyosa]

Thanks for your reply. Just unfortunate to technically withdraw the first application

Don't worry there is more time for EU settlement scheme so you still have a chance to reapply if it is needed..

[mubashir1981]

Mike4cooll

Thanks for bringing this topic up for it to be discussed.

On page 31 of main EU Settlement Scheme guidance has what we called VARIATIONS of Variation of Application.

Paragraph 1 states this

Application pending under the EU Settlement Scheme If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

So be careful about what you do and moreover as it is been said here by some members, doing nothing to your 2.5 Appendix FM (domestic immigration application) can also cause you to lose your accrued legal status.

You’re in a limbo now

I also have made application for fee waiver as well. Now dont no which application going to processes.

Morning

As I have said to you from the onset, the main caseworkers' guidance for EU Settlement Scheme page 31, paragraph 1 clearly states this

Applicationpending under the EU Settlement Scheme(Variations)

If an applicant has an application pending under the scheme and then makes a subsequent application for indefinite leave or limited leave under another part of the Immigration Rules, the original application will be varied by the second application
and must no longer be considered.

This means that, you have technically redrew your first application (the settled status application) by virtue of elimination by substitution.

The only application that can be upheld is making EEA application whilst having settled status application on-going. The work co-currently. They dont overlap each other. You can have the two at the same time by virtue of paragraph 31 of the main caseworkers' guidance paragraph 3. Quote and unquote

Application made under the EU Settlement Scheme and the Immigration (European EconomicArea)
Regulations 2016

An applicant can hold status under the EU Settlement Scheme and a document under the Immigration (European Economic Area) Regulations 2016. If an applicant applies under one while they have an application pending under the other, you must process both applications and retain any fee that was paid for the application under the EEA Regulations.

Sorry

Application i made is just fee waver and its not immigration application. If its approved then i will have 10 days to submit leave to remain application. I spoke to eu resolution center they have not void my application and says its still under consideration. And fee waver its 2 monts no reply either. I can have recourse ro public fund under 10 year route as i have 4 kids and very low income. Zambrano under euss and leave to remain altho no subject to recource to public fund but u cant get anny child benefit.

[Topsibelle]

Hi Everyone
I have been following all your post for a very long time and just want to add a bit of encouragement to peoples faith

I applied to renew my Zambrano in February this year as my 5 years was coming to an end in March.

This was refused in June after Home Office misinterpretated and/or misreprented the guidance of Patel vs SSHD.

Though I have lived as a Zambrano derivative for 5 years, I chose to appeal as my refusal granted me such honourable opportunity.

The good news came yesterday when I took my chance at the first tier immigration appeal court at
Taylor House, 88 Rosebery Ave, Islington, London EC1R 4QU.

I argued against the interpretation of Patel vs SSHD guidance which is incompatible with Article 20 of TFEU section 15A and paragraph 42 of Patel case.

The Judge acknowledge that blanket guidance was totally wrong and not compatible with the law of EU and especially when non of the parents has no Leave, it brings compulsion and also force the british citizen children to leave the UK and EU.

My appeal was allowed meaning I WON AGAINST THE HOME OFFICE yesterday. They even failed to as the Respondent to appear before the Judge.

I won and still Waiting for my settled status application which has been with them for 5 months.

Now I would advice anyone who has been refused to challenge the Hom Office because the Judges are not with them and Patel case has gone back to Court for review.

I won and Home Office lost

This is great news and win for us all.

Congratulations

[Topsibelle]

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups

OMG I'm really in love with you.

Thank you very much for this. Loads of us on here need this.

They refused my Zambrano based on the same rubbish as you and l appealed. My appeal date is sometime this week, fortunately for them l applied for the settlement scheme and got the settled status so will not be going to court.

Again thank you. We rise by lifting others up.

[mubashir1981]

Looks like home office put all zambrano application on side and decided not go give decision on it.

[snooky]

good morning mubashir1981

I will surely let you know should the Home Office appeal against a decision that they failed to represent or comtest at Court

They the Home Office, are contesting cases that have been refused in accordance with the EEA Regulation 2006, not guidance and policy which overlaps the Parliamentary Act either by EU parliament or British parliament and were made in their Offices. Remember the EU law hasnt changed and still needs to be respected.

If anyone been refused with this

"You have made no attempt to regularise your stay in the UK through an application made under UK's domestic immigration law".

Please challenge this decision because it it not EEA Regulation and you have right to either chose to make application either through domestic immigration law or EU law. The Patel vs SSHD said so.

Again if your settled status has been there for more than 4 months, get a PAP (Preaction Protocol) in against the Home Office and they will escalate your case because they are avoiding judicial review. I did it and my case since last week is been worked on. MPs are useless and can never help you get a decision quickly

Home Office will never challenge my appeal. They know it is illegal and no british child should be forced to leave Europe entirely.

Big ups

OMG I'm really in love with you.

Thank you very much for this. Loads of us on here need this.

They refused my Zambrano based on the same rubbish as you and l appealed. My appeal date is sometime this week, fortunately for them l applied for the settlement scheme and got the settled status so will not be going to court.

Again thank you. We rise by lifting others up.

Hi

Welcome again to the platform and thanks for your startup of this conversations.

Congrat for having your EU Settled Status in time as we are still awaiting.

Back to your refused Derivative Right under EEA, please follow it up. Let the due process takes it cause.

Your are legally entitled to have both cards so go back for your Zambrano residence aswell.

You have paid to challenge their ill-thought decision because it is an abuse of law from them.

Skipping Court is also contempt because if they go and win because you have failed to contest, then you are liable for Court cost.

Think about it

Your card to win is article 20, section 15A -subsection and/or paragraph (2) (3) (4A) or (5) of EEA regulations 2006

Dereci & others v Bundesministerium Inners (c-256/11) 15 November 2011 paragraph 67

Chavez - vilchez paragraph 65

O and others paragraph 51 and 56

Section 55 Of boarders Citizenship Act 2009

Patel paragraph 42 which the Court said it is UNEQUIVOCAL

Regards

[snooky]

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

[mubashir1981]

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my euss application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

[silverkey]

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

Hi, What did the Home office state in your refuse letter for the reason of fee waiver refusal?
Are you working, are you on benefits, example housing, child benefits, child tax credits, ESA or universal credit?

[Darasimidd]

[quote=mubashir1981

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

If you have a disabled child then you can apply under exceptional circumstance.

[silverkey]

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

Hi mubashir1981, can you tell me how long, how many months it took for the home office to make a dissuasion on your fee waiver application?

[mubashir1981]

Looks like home office put all zambrano application on side and decided not go give decision on it.

Hello

Once again you’re right

Home Office is trying to put a hold to peoples faith.

Remember, you’re still entitle to DRR as a Zambrano carer and that wouldnt affect your settled status application should you apply for aswell.

Try get a lawyer to do PRE ACTION PROTOCOL (PAP) for you and your case for settled status would be considered quick

No that so many people have since applied for the scheme since 1st of August when Zambrano was officially started.

Good luck

Hi snooky.
2day my fee waiver application has been refused due ti silly things they said even i have disable child. Aany way i alreday made dfr1 card application as well.
Spoke to eu resolution center and my EU Settlement Scheme application still u der process its not vaired yet as i have not made ltr application yet as fee waiver did not approve.

I also spoke to a solicitor for pre action protocol he is asking for 600 and he said u need to wait for 6 month atleast otherwise ur 600 will b waste.

Hi mubashir1981, can you tell me how long, how many months it took for the home office to make a dissuasion on your fee waiver application?

I submited 17 Sept received letter 2day dated 30oct.

[mubashir1981]

Snooky have u made application for pre action protocol if yes how much was it cost u?

[silverkey]

I submited 17 Sept received letter 2day dated 30oct.

OK Thanks

[netqueen]

Been a member of this forum and been reading silently for a while now. Big congratulations to Topsibelle. Guess you are right , we rise by lifting others.