Zambrano Settled Status EU settlement scheme Paper Application Form

[mubashir1981]

Hi snooky
Ur application for settle status more than 6 month i guess so r u reconsidering pap to homeoffice?

[snooky]

Hi snooky
Ur application for settle status more than 6 month i guess so r u reconsidering pap to homeoffice?

Mubashir, we are all here to help.

Yeah six months gone but I have received two emails from the Home Office.

One from the post decision casework unit acknowledging promulgation and implementation of the Judge's decision on the 15th of November after the Courts ruling on 31st October 2019.

Time line

Zambrano renewal february 16th 2019
Zambrano refused June 10th 2019
Appealled logged on 15th of June 2019
Appeal heard and allowed on 31st October 2019
Acceptance of promulgation 16th December 2019

Will keep you update when my Zambrano is Re-issued

Second letter is also yesterday from eu settlment scheme saying due to them been overwhelm they a Sorry that the have not been concluded my application. But they are asking for little bit of time so I shouldnt proceed to the Court. Already done PAP

Time line

Zambrano DR EU Settlement application 15th June 2019
Biometric 23rd June 2019
COA received 7th July 2019
PAP done 15th October 2019
PAP response from HO 25th 2019
Home Office seeking more time letter 16th December 2019

Will update you asual.

The good news is, I am not worried again because by virtue of the courts decision to allow my appeal and Home Office failure to appeal against the Judges decision,

I still have my Zambrano RESTORED and no more
shenanigans from the dracul empire

Tnx

[snooky]

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

Obie

Snooky here Fam, I have read over and over about this judgement and my conclusion is that it it very interesting.

Home Office has lost some powers within the Patel vs SSHD judgement but still they can mitigate.

The whole idea about the FTT judgement is to force Home Office to decide cases by its merits and each case be different from other.

But the most interesting news is that most Zambrano people with one exempt parents can apply for Zambrano derivative right of residence.

So my advice is those with 2.5 LLR SHOULD TAKE ADVANTAGE

Respect

[mubashir1981]

Hi snooky
Ur application for settle status more than 6 month i guess so r u reconsidering pap to homeoffice?

Mubashir, we are all here to help.

Yeah six months gone but I have received two emails from the Home Office.

One from the post decision casework unit acknowledging promulgation and implementation of the Judge's decision on the 15th of November after the Courts ruling on 31st October 2019.

Time line

Zambrano renewal february 16th 2019
Zambrano refused June 10th 2019
Appealled logged on 15th of June 2019
Appeal heard and allowed on 31st October 2019
Acceptance of promulgation 16th December 2019

Will keep you update when my Zambrano is Re-issued

Second letter is also yesterday from eu settlment scheme saying due to them been overwhelm they a Sorry that the have not been concluded my application. But they are asking for little bit of time so I shouldnt proceed to the Court. Already done PAP

Time line

Zambrano DR EU Settlement application 15th June 2019
Biometric 23rd June 2019
COA received 7th July 2019
PAP done 15th October 2019
PAP response from HO 25th 2019
Home Office seeking more time letter 16th December 2019

Will update you asual.

The good news is, I am not worried again because by virtue of the courts decision to allow my appeal and Home Office failure to appeal against the Judges decision,

I still have my Zambrano RESTORED and no more
shenanigans from the dracul empire

Tnx

Thats great hope u get settle status soon. I have learnt alot from skelton of argument u sent to me. My passports gone for renewal and will get it next week. This time i have draft a covering letter for my drf1 application should i send this or not i meant would this make any difference to HO or they gona stick to there policy to apply first under uk law.
What do u say?

[What_Do_I_Know]

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

@Obie and Fam, Could you please advice on the impact of the ruling on people with 2.5years LTR who have applied to the EU Settlement Scheme? Thanks

[snooky]

Hi snooky
Ur application for settle status more than 6 month i guess so r u reconsidering pap to homeoffice?

Mubashir, we are all here to help.

Yeah six months gone but I have received two emails from the Home Office.

One from the post decision casework unit acknowledging promulgation and implementation of the Judge's decision on the 15th of November after the Courts ruling on 31st October 2019.

Time line

Zambrano renewal february 16th 2019
Zambrano refused June 10th 2019
Appealled logged on 15th of June 2019
Appeal heard and allowed on 31st October 2019
Acceptance of promulgation 16th December 2019

Will keep you update when my Zambrano is Re-issued

Second letter is also yesterday from eu settlment scheme saying due to them been overwhelm they a Sorry that the have not been concluded my application. But they are asking for little bit of time so I shouldnt proceed to the Court. Already done PAP

Time line

Zambrano DR EU Settlement application 15th June 2019
Biometric 23rd June 2019
COA received 7th July 2019
PAP done 15th October 2019
PAP response from HO 25th 2019
Home Office seeking more time letter 16th December 2019

Will update you asual.

The good news is, I am not worried again because by virtue of the courts decision to allow my appeal and Home Office failure to appeal against the Judges decision,

I still have my Zambrano RESTORED and no more
shenanigans from the dracul empire

Tnx

Thats great hope u get settle status soon. I have learnt alot from skelton of argument u sent to me. My passports gone for renewal and will get it next week. This time i have draft a covering letter for my drf1 application should i send this or not i meant would this make any difference to HO or they gona stick to there policy to apply first under uk law.
What do u say?

Yes mubashir, at times Home Office caseworkers need more information as a cover to help them make an infom decision on cases.

Just use what i gave you and the new ruling of Patel vs SSHD and Shah. All will be well. Now Home Office should decide cases on case by case study.

Get your passport, bang in your application with good covering letter and just wait for the decision.

Home Office will not refuse parents who themselves have no status and their only right is to derive from their British child. The new Patel case makes it clear.

Nice one

[Koignbi]

Please can someone get me the email address to the EU SETTLEMENT SCHEME. my social service worker wants to send them email regarding my application. Thanks

You will need to contact them via the EU Settlement Scheme contact form below.

https://eu-settled-status-enquiries.ser ... v.uk/start?

I hope this helps.

Hi

Am struggling to get those files uploaded.
It gives error messages

It there any other means you could send this to me?

[snooky]

Please can someone get me the email address to the EU SETTLEMENT SCHEME. my social service worker wants to send them email regarding my application. Thanks

You will need to contact them via the EU Settlement Scheme contact form below.

https://eu-settled-status-enquiries.ser ... v.uk/start?

I hope this helps.

Hi

Am struggling to get those files uploaded.
It gives error messages

It there any other means you could send this to me?

Send me a private message with your email and i can send you those files

[CR001]

You will need to contact them via the EU Settlement Scheme contact form below.

https://eu-settled-status-enquiries.ser ... v.uk/start?

I hope this helps.

Hi

Am struggling to get those files uploaded.
It gives error messages

It there any other means you could send this to me?

Send me a private message with your email and i can send you those files

The user doesn't have access to the privilege of the PM function. Please remember that everyone on the forum is a complete stranger and we have many scammers and spammers on the forum daily posing as genuine advice seekers.

Note also that PM function can be withdrawn permanently if there is any indication of abuse or unsolicited PMs etc.

Unsure what "Files" you are trying to upload!!!

[Loloebele]

Hello everyone. I’ve been following this thread for awhile. It’s really enlightening and encouraging.
So I’m non-eea. I moved to the uk on a tourist visa, with my two British kids. My spouse is British and lives abroad. I applied for a zambrano residence card, sometime in June 2019. It was agreed that I meet the requirements, but the application was refused because I had not made an application under domestic laws and the Patel case. I sought for a barristers opinion and was advised to reapply and appeal if refused, and/or apply to the settlement scheme as well. I decided to just go ahead with the scheme.
My timeline is as follows:
Paper application; 4/11/2019
Biometrics; 21/11/2019
Coa; waiting (not sure if I would get one as I don’t have a prior BRC

Fingers crossed and hoping for a positive outcome.

[mubashir1981]

Hello everyone. I’ve been following this thread for awhile. It’s really enlightening and encouraging.
So I’m non-eea. I moved to the uk on a tourist visa, with my two British kids. My spouse is British and lives abroad. I applied for a zambrano residence card, sometime in June 2019. It was agreed that I meet the requirements, but the application was refused because I had not made an application under domestic laws and the Patel case. I sought for a barristers opinion and was advised to reapply and appeal if refused, and/or apply to the settlement scheme as well. I decided to just go ahead with the scheme.
My timeline is as follows:
Paper application; 4/11/2019
Biometrics; 21/11/2019
Coa; waiting (not sure if I would get one as I don’t have a prior BRC

Fingers crossed and hoping for a positive outcome.

U should have apeal the first refusal. Why u didnt do that

[Loloebele]

Hi mubashir. I missed the appeal window because my lawyer wasn’t around and I wasn’t sure of how to proceed until the solicitors advice came through.

[snooky]

Hello everyone. I’ve been following this thread for awhile. It’s really enlightening and encouraging.
So I’m non-eea. I moved to the uk on a tourist visa, with my two British kids. My spouse is British and lives abroad. I applied for a zambrano residence card, sometime in June 2019. It was agreed that I meet the requirements, but the application was refused because I had not made an application under domestic laws and the Patel case. I sought for a barristers opinion and was advised to reapply and appeal if refused, and/or apply to the settlement scheme as well. I decided to just go ahead with the scheme.
My timeline is as follows:
Paper application; 4/11/2019
Biometrics; 21/11/2019
Coa; waiting (not sure if I would get one as I don’t have a prior BRC

Fingers crossed and hoping for a positive outcome.

Loloebele

Dont worry if you missed the deadline. Just spend another £65 and make a new Zambrano application then also phone the EU Settlement Scheme to ask for an application form under Zambrano which free.

The thing is making a Zambrano application under the EEA Regulations gives you more protection for now as you are entitle for that. The EU Settlement Scheme is british offer to secure people with EU right.

So should your application under EEA REGULATIONS Zambrano fails, the courts will use the article 20 of TFEU 15A with all the subsections which protects you to allow your appeal.

With the EU Settlement Scheme, no one has challenge it before at the Court so it isnt a Trump card. Thats Why it has suitability requirements and cavets which hinders progress.

Remember EU Settlement Scheme COA does not have the same six months EEA EU rights of application time scale. Simple because settled status scheme is british then EU.

[Loloebele]

Hello everyone. I’ve been following this thread for awhile. It’s really enlightening and encouraging.
So I’m non-eea. I moved to the uk on a tourist visa, with my two British kids. My spouse is British and lives abroad. I applied for a zambrano residence card, sometime in June 2019. It was agreed that I meet the requirements, but the application was refused because I had not made an application under domestic laws and the Patel case. I sought for a barristers opinion and was advised to reapply and appeal if refused, and/or apply to the settlement scheme as well. I decided to just go ahead with the scheme.
My timeline is as follows:
Paper application; 4/11/2019
Biometrics; 21/11/2019
Coa; waiting (not sure if I would get one as I don’t have a prior BRC

Fingers crossed and hoping for a positive outcome.

Loloebele

Dont worry if you missed the deadline. Just spend another £65 and make a new Zambrano application then also phone the EU Settlement Scheme to ask for an application form under Zambrano which free.

The thing is making a Zambrano application under the EEA Regulations gives you more protection for now as you are entitle for that. The EU Settlement Scheme is british offer to secure people with EU right.

So should your application under EEA REGULATIONS Zambrano fails, the courts will use the article 20 of TFEU 15A with all the subsections which protects you to allow your appeal.

With the EU Settlement Scheme, no one has challenge it before at the Court so it isnt a Trump card. Thats Why it has suitability requirements and cavets which hinders progress.

Remember EU Settlement Scheme COA does not have the same six months EEA EU rights of application time scale. Simple because settled status scheme is british then EU.

Hi Snooky. Thank you. I’ve submitted my paper application to the EU settlement scheme and the passports have been returned, so I’ll make a fresh zambrano application. Thank you

[snooky]

Important Supreme Court ruling in Zambrano case.

https://www.bailii.org/uk/cases/UKSC/2019/59.html

@Obie and Fam, Could you please advice on the impact of the ruling on people with 2.5years LTR who have applied to the EU Settlement Scheme? Thanks

Hi
Let take it seperately because this ruling is Concern two people Shah and Patel with two different requirements.

First Mr Shah was married to a British national called Mrs Shah who was an exempt person. He seeked to remain under Zambrano derivative. The wife worked around the clock so the Husband has been the sole carer of their British citizen child.

When Mr Shah applied to the Home Office for derive leace which is enshrined in EEA REGULATIONS to protect minor Union members, this was refused because the Home Office said He does not meet the requirements.

When the case was brought to the Court of Appeal after first tier has refused it, they the Court of Appeal upheld the first tier decision by assuming “quote and unquote “(In those circumstances I consider that the Court of Appeal made an error of law when it treated as determinative what could happen to Mr and Mrs Shah’s son if the father left the UK,)

The FTT Senior Judge Lady Hale made that the Shah and Patel case should be read differently when it comes to compulsion.

With the original case the SSHD never doubted Mr Shah's as a sole person responsible for his British child and dependency but still refused saying the exempt wife could work and still look after the child without considering, Articles 7 and 24 of the Charter, section 55 of best interest of a child and properly considering article 20 of TFEU section 15A. The Counsel of Judges now found that the appeal court erred by refusing to establish that the British citizen would be in disadvantge if the father had left and this will triggar genuine enjoyment been eroded by national law which should not engage EU derivative.

Lady Hale said it any measure that promulgated domestically to hinders someones genuine enjoyment enshrined in EU law shouldnt be tolerated.

The good thing about this Shah ruling is that, the FTT is directing Home Office on their 2nd of May Zambrano guidance so that cases would be considered by case by case study instead of a blanket policy. It also give people who may have switch to 2.5 ltr to be still entitle to their Zambrano and also those who wish to use Zambrano routes irrespective of already having an exempt partner can still have derivative right of residence.

With Patel case the threshold was high as it involves adult Union members who were sick and their only son carer Mr Patel wasnt meeting the requirements. The Court upheld the Court of Appeal decision because should Mr Patel leaves UK, the parents still have a choice to stay in the member State because they are adult and very infomed persons. Should they follow their son, the FTT Counsel said that would amount to choice as they can exercise their Treaty right in any member country because that choice is there for them as compares to Shah. What the FTT Court has done is make Home Office look at cases as individual and apply the law.

Moreover Home Office has also lost some of its hardline policy on Zambrano and derivatives but still mitigate as no law ruling is straight forward.

I stand corrected and further explanatory adjustment

[Obie]

The position can be summarised as follows:

1. No basis in law for Home Office to say a person that could apply for leave to remain, cannot qualify for DR R.

2. A person who resides as couple, could qualify for DR, if the consequences of refusal is that the couple which includes the child, will leave the UK, notwithstanding the fact that they could apply under the rules. Therefore being in a relationship with a British partner, does not preclude qualification for residence.

3. Adult carer can only qualify in the most exceptional of cases. Those exceptional cases are not yet clearly defined, and it remains to be seen, what could amount to them.

4. In undertaking the assessment for a child, the level of dependency on the parent will be relevant, the best interest and age of child will all be a relevant factor.

The most important thing for me is that the Home Office policy which sprang from a distorted interpretation of the court of appeal orbiter views in the case of the Shah's, is no longer sustainable, as I have always said in my Zambrano appeal cases. Now the judges will not be frightened or terrified to accept my views as having more legal foundation than the Home Office unlawful policy.

I must say, I usually criticise FtT and UT judges, but on this occasion, I commend them, as all of the ones I have had the fortune of being before, sees the Home Office policy for what it is, a meaningless piece of futile exercise.

[snooky]

The position can be summarised as follows:

1. No basis in law for Home Office to say a person that could apply for leave to remain, cannot qualify for DR R.

2. A person who resides as couple, could qualify for DR, if the consequences of refusal is that the couple which includes the child, will leave the UK, notwithstanding the fact that they could apply under the rules. Therefore being in a relationship with a British partner, does not preclude qualification for residence.

3. Adult carer can only qualify in the most exceptional of cases. Those exceptional cases are not yet clearly defined, and it remains to be seen, what could amount to them.

4. In undertaking the assessment for a child, the level of dependency on the parent will be relevant, the best interest and age of child will all be a relevant factor.

The most important thing for me is that the Home Office policy which sprang from a distorted interpretation of the court of appeal orbiter views in the case of the Shah's, is no longer sustainable, as I have always said in my Zambrano appeal cases. Now the judges will not be frightened or terrified to accept my views as having more legal foundation than the Home Office unlawful policy.

I must say, I usually criticise FtT and UT judges, but on this occasion, I commend them, as all of the ones I have had the fortune of being before, sees the Home Office policy for what it is, a meaningless piece of futile exercise.

Kudos
You’re right
Home back is against the wall now.
All those with refused Zambrano and derivatives right, please appeal and see how wise the Judges are

Bless

[snooky]

Hi snooky
Ur application for settle status more than 6 month i guess so r u reconsidering pap to homeoffice?

Mubashir, we are all here to help.

Yeah six months gone but I have received two emails from the Home Office.

One from the post decision casework unit acknowledging promulgation and implementation of the Judge's decision on the 15th of November after the Courts ruling on 31st October 2019.

Time line

Zambrano renewal february 16th 2019
Zambrano refused June 10th 2019
Appealled logged on 15th of June 2019
Appeal heard and allowed on 31st October 2019
Acceptance of promulgation 16th December 2019

Will keep you update when my Zambrano is Re-issued

Second letter is also yesterday from eu settlment scheme saying due to them been overwhelm they a Sorry that the have not been concluded my application. But they are asking for little bit of time so I shouldnt proceed to the Court. Already done PAP

Time line

Zambrano DR EU Settlement application 15th June 2019
Biometric 23rd June 2019
COA received 7th July 2019
PAP done 15th October 2019
PAP response from HO 25th 2019
Home Office seeking more time letter 16th December 2019

Will update you asual.

The good news is, I am not worried again because by virtue of the courts decision to allow my appeal and Home Office failure to appeal against the Judges decision,

I still have my Zambrano RESTORED and no more
shenanigans from the dracul empire

Tnx

Thats great hope u get settle status soon. I have learnt alot from skelton of argument u sent to me. My passports gone for renewal and will get it next week. This time i have draft a covering letter for my drf1 application should i send this or not i meant would this make any difference to HO or they gona stick to there policy to apply first under uk law.
What do u say?

Yes mubashir, at times Home Office caseworkers need more information as a cover to help them make an infom decision on cases.

Just use what i gave you and the new ruling of Patel vs SSHD and Shah. All will be well. Now Home Office should decide cases on case by case study.

Get your passport, bang in your application with good covering letter and just wait for the decision.

Home Office will not refuse parents who themselves have no status and their only right is to derive from their British child. The new Patel case makes it clear.

Nice one

Mubashir

I just Checked my bank accounts, Home have paid me back my Court cost for the appeal.

Remember on the 16th December had a mail from them acknowledging promulgating the implementation of the Judge's decision.

18th December 2019 Home Office paid back my appeal money

So let see 20th December.................................

Regards

[mubashir1981]

Mubashir, we are all here to help.

Yeah six months gone but I have received two emails from the Home Office.

One from the post decision casework unit acknowledging promulgation and implementation of the Judge's decision on the 15th of November after the Courts ruling on 31st October 2019.

Time line

Zambrano renewal february 16th 2019
Zambrano refused June 10th 2019
Appealled logged on 15th of June 2019
Appeal heard and allowed on 31st October 2019
Acceptance of promulgation 16th December 2019

Will keep you update when my Zambrano is Re-issued

Second letter is also yesterday from eu settlment scheme saying due to them been overwhelm they a Sorry that the have not been concluded my application. But they are asking for little bit of time so I shouldnt proceed to the Court. Already done PAP

Time line

Zambrano DR EU Settlement application 15th June 2019
Biometric 23rd June 2019
COA received 7th July 2019
PAP done 15th October 2019
PAP response from HO 25th 2019
Home Office seeking more time letter 16th December 2019

Will update you asual.

The good news is, I am not worried again because by virtue of the courts decision to allow my appeal and Home Office failure to appeal against the Judges decision,

I still have my Zambrano RESTORED and no more
shenanigans from the dracul empire

Tnx

Thats great hope u get settle status soon. I have learnt alot from skelton of argument u sent to me. My passports gone for renewal and will get it next week. This time i have draft a covering letter for my drf1 application should i send this or not i meant would this make any difference to HO or they gona stick to there policy to apply first under uk law.
What do u say?

Yes mubashir, at times Home Office caseworkers need more information as a cover to help them make an infom decision on cases.

Just use what i gave you and the new ruling of Patel vs SSHD and Shah. All will be well. Now Home Office should decide cases on case by case study.

Get your passport, bang in your application with good covering letter and just wait for the decision.

Home Office will not refuse parents who themselves have no status and their only right is to derive from their British child. The new Patel case makes it clear.

Nice one

Mubashir

I just Checked my bank accounts, Home have paid me back my Court cost for the appeal.

Remember on the 16th December had a mail from them acknowledging promulgating the implementation of the Judge's decision.

18th December 2019 Home Office paid back my appeal money

So let see 20th December.................................

Thats great. Now soon u get ur brp card.

[netqueen]

Well if my understanding is correct, by reason of the Patel case those of us with British children can apply for DRC under Zambrano and should not be refused and if refused the Home office should give an appeal right.

That should be the way forward then

[mubashir1981]

Well if my understanding is correct, by reason of the Patel case those of us with British children can apply for DRC under Zambrano and should not be refused and if refused the Home office should give an appeal right.

That should be the way forward then

[mubashir1981]

Well if my understanding is correct, by reason of the Patel case those of us with British children can apply for DRC under Zambrano and should not be refused and if refused the Home office should give an appeal right.

That should be the way forward then

Yes u normally get it.

[alana7]

Snooky do you think I should apply for flr fp whilst my settlement scheme Zambrano is pending. I am a carer of an adult british citizen but as I have been reading the threshold is very high and the 6 month standard does not apply. Sorry I completely butchered the first reply and edited your previous post and I can't undo it.

[IST]

Hi Snooky

I would like your help please

I have submitted the paper application under EU SETTLEMENT SCHEME (Zambrano)and still pending, do I need to apply again for Zambrano application under EEA Regulation or just to wait for the out come from EU Settlement scheme?

My timeline is as below

Paper application submitted 20th October 2019
Biometric finger prints given 10 November 2019
COA received 1st December 2019
Still waiting

I do hold BRP Card 2.5 years LTR outside immigration rules based on British Children


Kind Regards

[snooky]

Snooky do you think I should apply for flr fp whilst my settlement scheme Zambrano is pending. I am a carer of an adult british citizen but as I have been reading the threshold is very high and the 6 month standard does not apply. Sorry I completely butchered the first reply and edited your previous post and I can't undo it.

Alana7


Your question has taken me back to re-consider the adult Zambrano and its higher dependency by reading and reading over again.

The level of dependency is the problem. What Home Office has done is to twist the case law "MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580.".

By doing so they have equated exactly as Doing Human Right Application under Article 3(inhumane condition)

You will have to enquire from 2-3 solicitors to determine the way forward. Since Ms Malaysia ruling no one has gone to court so am short of advice.

All I know from main caseworkers guidance and derivatives guidance is that, to succeed, the Union member be Physical or mental impaired. It is stupid but that is Home Office.

I believe the Judges also have their own interpretation for Ms Malaysia vs SSHD as they the Judges are there to uphold the law.

For Home Office, all their domestic immigration policies on EU EEA members are illegal but they know only few will challenge.

As you havent got Zambrano derivative residence card before, doing flr fp could override the EU Settlement Scheme Application. It called VARIATIONS. These two can never co-exist.

Ask Obie on the board to also share some facts with you.

But you could take the chance and wait to see if you get through. But if it failed, appeal.