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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
Thanks Snooky.snooky wrote: ↑Sat Jun 20, 2020 9:27 pm@All
Appendix EU Immigration HC120 inserted
The U.K. government published a statement of changes to the Immigration Rules on 12 March 2020, and this comes into force on 6 April 2020.
Below is what I think is important and pertain to all applicants
If an individual has an application for a residence document under the 2016 Regulations outstanding at the end of the transition period, that individual can rely on that document when applying to the EU Settlement Scheme.
Despite no longer being an EU member state, the U.K. must continue to follow the case law of the Court of Justice of the European Union concerning free movement rights handed down before the end of the transition period.
Time is not in our favour anymore except perhaps if the transitional period is extended. According to your detailed explanation it looks like a fight with higher chances of success at judicial review( even before) if taken forward. I’d suggest those who have recently been refused or passionate and confident enough should write to the home office and perhaps even take it much further. It’ll be beneficial for Ltr holders and as the Ho really are breaking the law, the deadline might be extending to June 2021 for zambrano carers if all goes well and the home office admits to their craziness.snooky wrote: ↑Sat Jun 20, 2020 6:48 pmYou can make a complimentary complaint to your MP but due to covid19, MPs have become inactive and dormant.Violetsareblue wrote: ↑Sat Jun 20, 2020 6:03 pmHi snooky,snooky wrote: ↑Tue Jun 16, 2020 10:49 pm@Violetsareblue
HO, is always having a tussle with the Judges and the police. The judge instructed the HO to take off their misguided guidance but HO is frustrate the situation and killing time because EEA is only 6 in the go.
In law, HO failure to take down the guidance amount to contempt of court and soon directive will come from court again should they fail to do it then the HO Secretary can be imprisoned. Remember Teresa May was nearly put in prison for contempt of court and was the first in almost 70 years as a HO to have a contempt.
That's why Zambrano appeals and DR are being allowed by judges for the guidance are illegal and has been asked to be replaced to reflect the regulation.
They are wasting time because many people will benefit from it. Is there a way that might prompt the ho to change the guidance ASAP as they’re actually breaking the law? Like suing to court or writing to parliament? I’m sure there’s a way to get words out about how their going against A court decision
You can write to HO office Judicial Department at London or Feltham to advise them because at time it could be an oversight. You will have to give them 21 days to respond.
If they fail, then PAP.
If they PAP fails, then JR.
But these cost money, so individuals dont normally do it. I know big NGOs for migrant right are monitoring and keep threatening HO.
Is a matter of time. Zambrano itself came in 2011. It took HO 3 years to implement and incorporating Zambrano into British Law.
Same Ludo here. Anything that is against them takes ages to become law. But when it is for their advantage, it takes 3 seconds for it implementation
Roar1 wrote: ↑Sun Jun 21, 2020 2:51 pmHello All,
I have been following this lovely forum for a long time.Thank you for all your post which has really helped me. My timeline is:
Derivative Right granted under Ibrahim & Teixeira ----2016
EU Settlement Scheme paper application made-----Sept 2019
COA Received------Sept 2019
Awaiting Settled Status till date
MP contacted HO and was told i have valid LTR till 2021
Made a compliant through EU Resolution centre Manager still waiting for outcome.
My question;
My children have PR and are registered British Passport holders.If i make an application for retention of right as a mother of a child with PR, is it going to affect my Settled Status application? Please i need urgent response.
In the exact same situation the wait is torturing me thinking of applying for the brc very soon myselfbwunmi wrote: ↑Fri Jun 19, 2020 12:51 am@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you
We all understand. The wait is torture. The wait is ungodly and like a wine-press. As usual the system downpresses our wellbeing, but there's an end. You go to endure. It won't last forever. It just fir awhileHope16 wrote: ↑Sun Jun 21, 2020 8:52 pmIn the exact same situation the wait is torturing me thinking of applying for the brc very soon myselfbwunmi wrote: ↑Fri Jun 19, 2020 12:51 am@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you
Retained rights of residenceRoar1 wrote: ↑Mon Jun 22, 2020 11:52 amSnooky you are right, DRF1 is what i am presently on. My question is since my children have Pr and Settled Status. Can i apply for retention as a parent of a child who have got PR while still waiting for EU Settlement Scheme because it is just 6 months left for EU application to stop working.
@Spooky, Can you sent me the link of the form pleasebwunmi wrote: ↑Fri Jun 19, 2020 5:17 pmsnooky wrote: ↑Fri Jun 19, 2020 7:25 amAs you have waited for 10 months already, just know that decision is just seconds away.bwunmi wrote: ↑Fri Jun 19, 2020 12:51 am@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you
EEA right is your initial right and you can choose to go for it. BRC under EEA and BRC under the settlement scheme dont overlap and you can choose to have both.
As you never had any leave before you applied for the settlement scheme, you stand a better chance of being successful if you read the HO guidance.
My problem is, since the introduction of Zambrano EU settlement scheme on 2 May 2019, I haven't seen anyone who has been given pre/settled status without first having EEA Derivative BRC.
So I will say Yes. Protect yourself before you're eliminated by substitution by the dodgie HO.
@Spooky.
Thank you so much for your help.
koagiri02 wrote: ↑Fri Jun 26, 2020 2:29 pmHello wonderful people,
Been following the thread on zambrano application.
I got refused.had LTR valid till 11-07-2020 (reason for refusa)
Submitted Application 18-06-2019
E-mail recieved of refusal -27-05-2020
Submitted an administrative review 24-06-2020 (stating that i have less than 28 days on my LTR).
Pls house,whats my chance or getting approved. Or should i start looking for 2000 pounds to renew my exixsting LTR.
thanks
Below is the linkbwunmi wrote: ↑Fri Jun 26, 2020 9:25 am@Spooky, Can you sent me the link of the form pleasebwunmi wrote: ↑Fri Jun 19, 2020 5:17 pmsnooky wrote: ↑Fri Jun 19, 2020 7:25 amAs you have waited for 10 months already, just know that decision is just seconds away.bwunmi wrote: ↑Fri Jun 19, 2020 12:51 am
@spooky,I need your advice please.
I applied for Eu Settlement scheme presettle status in August 2019,as a primary carer of an Eu child. Got coa in September. I have no leave to remain at the moment. I have called the Eu Settlement scheme so many times but I still haven't got a decision yet.
My daughter 13years joined me late last year,she also got presettle status. I didn't include my daughter in my application because she wasn't here when I applied.
I'm scared my application might be refused,cos it 10 months already.
Do you think I should apply Eu route before it's too late. Waiting for your reply. Thank you
EEA right is your initial right and you can choose to go for it. BRC under EEA and BRC under the settlement scheme dont overlap and you can choose to have both.
As you never had any leave before you applied for the settlement scheme, you stand a better chance of being successful if you read the HO guidance.
My problem is, since the introduction of Zambrano EU settlement scheme on 2 May 2019, I haven't seen anyone who has been given pre/settled status without first having EEA Derivative BRC.
So I will say Yes. Protect yourself before you're eliminated by substitution by the dodgie HO.
@Spooky.
Thank you so much for your help.
Thank you
AR is waste of time and money.koagiri02 wrote: ↑Fri Jun 26, 2020 2:29 pmHello wonderful people,
Been following the thread on zambrano application.
I got refused.had LTR valid till 11-07-2020 (reason for refusa)
Submitted Application 18-06-2019
E-mail recieved of refusal -27-05-2020
Submitted an administrative review 24-06-2020 (stating that i have less than 28 days on my LTR).
Pls house,whats my chance or getting approved. Or should i start looking for 2000 pounds to renew my exixsting LTR.
thanks