Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[mubashir1981]

Hi everyone i received final reply form ombadsman.

Your complaint about UK Visas and Immigration We have completed our consideration of your complaint about UK Visas and immigration (UKVI) and I am writing to tell you the outcome. To reach this decision we reviewed the information you have provided, and information provided by UKVI. Having done this, we have decided not to consider your complaint further; this is because we have not identified indications of failings in UKVI’s processing of your applications. I understand that our decision may be disappointing, but I will explain the reasons for this and the factors we have considered in our assessment of your complaint. Your complaint You complain UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme (EUSS). You say the application was submitted in August 2019. You say the delay has affected your ability to work and your ability to move to a new house. UKVI has also restricted you and your family’s freedom of movement. You say UKVI’s delay in reaching a decision has caused you and your wife stress, anxiety and depression. You would like an explanation as to why UKVI has not made a decision on your application.
Reasons for our decision You have complained that UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EUSS. EUSS is a scheme set up for EU, EEA or Swiss citizens so they can continue to live in the UK after 30 June 2021. UKVI have said that as your application was based on a derivative right to reside in the UK, it has taken longer to process. You made this application as you are the primary carer of a British child. UKVI has explained that derivative rights applications were originally accommodated within the provisions of the EEA Regulations 20161 and were not included in the scope of the UK’s Withdrawal Agreement with the EU. However, the UK made a decision to widen the scope of the EUSS to now allow applications based on derived right of residence. UKVI has explained that these cases are often complex and therefore they can take longer to process. The relevant guidance says: ‘your application is likely to take longer than a month if…you submit a paper application- for example if your application is based on a derivative right to reside in the UK’2 It explained that the ethos of the Settlement Scheme is to ensure that every effort is undertaken to consider if status can be granted. Any refusal action is subject to considerable scrutiny prior to it being issued and this included seeking ministerial approval. UKVI noted that Ministerial approval on these types of applications was delayed due to prorogation of Parliament and the General Election. As such, cases did not begin to be refused until 5 February 2020. UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route3. However, while the EUSS application was under consideration, you submitted a further application under the EEA Regulations on 3 December 2019. This was also made via the Zambrano route. The application was refused 27 January 2020 and you appealed against the decision on 2 February. The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EUSS application is now in a position to be decided, once mandatory checks have been cleared.
UKVI has said that you should have a decision imminently. We have seen that you submitted an application under EUSS in August 2019 and UKVI guidance stated that this type of application can take over one month to process. This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route. These delays were caused by the prorogation of Parliament and the General Election. You then submitted a further application under the EEA Regulations, it is this application which was initially refused then overturned at tribunal. The second application was submitted on 3 December and was refused on 27 January. We do not find this time frame to be unreasonable. The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision. We are aware that UKVI are now currently completing mandatory checks and a decision will be made imminently. Whilst we do appreciate how distressing it has been for you, we have not identified any indications of failings in how UKVI processed your applications. We are also satisfied that UKVI has explained the reasons for the delays you have experienced. In summary, we have decided we will not take further action on your complaint. I hope I have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it. If you have any feedback about our service or decision, then please let me know within one month of the date of this letter. We recognise that everyone has different needs and circumstances, and these are likely to influence the way you access our service. If you need this letter in a different format, please contact me on the details at the top of this letter to discuss your accessibility requirements. Please note there are some important details about how we use your information at the bottom of this letter. Yours sincerely
Caseworker

[snooky]

Changes in Immigration Rules: CP 232, effective date 24 June 2020

Excerpts

Paper applications to be submitted via email rather than by post.

The changes made to the immigration rules also extend the scope for victims of domestic violence or abuse to apply for a status under the EU Settlement Scheme.

Eligible family members of citizens of Northern Ireland will be able to apply for UK immigration status, under the EU Settlement Scheme on the same terms as the family members of Irish citizens in the UK. This immigration status will be available to the family members of all the people of Northern Ireland, no matter whether the person of Northern Ireland holds British or Irish citizenship or both
The current rules limit residency rights to a former spouse or civil partner whose marriage or civil partnership has been legally terminated and who was a victim of domestic violence or abuse while the marriage/civil partnership was subsisting.

From the 24th August 2020 any family member within the scope of the EUSS (a spouse, a civil partner, durable partner, child, dependent parent or dependent relative) whose family relationship with a relevant EEA citizen or with a qualifying British citizen has broken down permanently as a result of domestic violence or abuse will have a continued right of residence where this is warranted by domestic violence or abuse against them or another family member.

Non-EEA national family members are required to provide a certified English translation of documents (where documents not in English have been provided in support of the application) in order to properly satisfy the Eligibility requirements

[snooky]

Hi everyone i received final reply form ombadsman.

Your complaint about UK Visas and Immigration We have completed our consideration of your complaint about UK Visas and immigration (UKVI) and I am writing to tell you the outcome. To reach this decision we reviewed the information you have provided, and information provided by UKVI. Having done this, we have decided not to consider your complaint further; this is because we have not identified indications of failings in UKVI’s processing of your applications. I understand that our decision may be disappointing, but I will explain the reasons for this and the factors we have considered in our assessment of your complaint. Your complaint You complain UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme (EU Settlement Scheme). You say the application was submitted in August 2019. You say the delay has affected your ability to work and your ability to move to a new house. UKVI has also restricted you and your family’s freedom of movement. You say UKVI’s delay in reaching a decision has caused you and your wife stress, anxiety and depression. You would like an explanation as to why UKVI has not made a decision on your application.
Reasons for our decision You have complained that UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme. EU Settlement Scheme is a scheme set up for EU, EEA or Swiss citizens so they can continue to live in the UK after 30 June 2021. UKVI have said that as your application was based on a derivative right to reside in the UK, it has taken longer to process. You made this application as you are the primary carer of a British child. UKVI has explained that derivative rights applications were originally accommodated within the provisions of the EEA Regulations 20161 and were not included in the scope of the UK’s Withdrawal Agreement with the EU. However, the UK made a decision to widen the scope of the EU Settlement Scheme to now allow applications based on derived right of residence. UKVI has explained that these cases are often complex and therefore they can take longer to process. The relevant guidance says: ‘your application is likely to take longer than a month if…you submit a paper application- for example if your application is based on a derivative right to reside in the UK’2 It explained that the ethos of the Settlement Scheme is to ensure that every effort is undertaken to consider if status can be granted. Any refusal action is subject to considerable scrutiny prior to it being issued and this included seeking ministerial approval. UKVI noted that Ministerial approval on these types of applications was delayed due to prorogation of Parliament and the General Election. As such, cases did not begin to be refused until 5 February 2020. UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route3. However, while the EU Settlement Scheme application was under consideration, you submitted a further application under the EEA Regulations on 3 December 2019. This was also made via the Zambrano route. The application was refused 27 January 2020 and you appealed against the decision on 2 February. The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.
UKVI has said that you should have a decision imminently. We have seen that you submitted an application under EU Settlement Scheme in August 2019 and UKVI guidance stated that this type of application can take over one month to process. This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route. These delays were caused by the prorogation of Parliament and the General Election. You then submitted a further application under the EEA Regulations, it is this application which was initially refused then overturned at tribunal. The second application was submitted on 3 December and was refused on 27 January. We do not find this time frame to be unreasonable. The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision. We are aware that UKVI are now currently completing mandatory checks and a decision will be made imminently. Whilst we do appreciate how distressing it has been for you, we have not identified any indications of failings in how UKVI processed your applications. We are also satisfied that UKVI has explained the reasons for the delays you have experienced. In summary, we have decided we will not take further action on your complaint. I hope I have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it. If you have any feedback about our service or decision, then please let me know within one month of the date of this letter. We recognise that everyone has different needs and circumstances, and these are likely to influence the way you access our service. If you need this letter in a different format, please contact me on the details at the top of this letter to discuss your accessibility requirements. Please note there are some important details about how we use your information at the bottom of this letter. Yours sincerely
Caseworker

Mubashir1981 and All

Based on this information from the Ombudsman, this is a good news for Mubashir1981. Initially your assessment under eu settlement was almost refused as you never hold EEA Zambrano and was also refused. By going to court and being allowed your appeal as changed your case.

Members

This is what I keep saying on this platform that Zambrano settlement scheme is been given to, "Those who had EEA Zambrano already"

I always also say that everyone should apply for Zambrano Derivative Application under EEA and the Settlement Scheme simultaneously and or co-currently.

Your right to settlement scheme starts from Drf1 and please do not waste time.

All Drf1 applications will be all6by the courts should HO refuse them because the criteria in Regulation 16(1) 16(5) and Article 20 of TFEU are very clear and beyond HOs Jurisdiction.

The jurisprudence of the Ombudsmans promulgation is to mubashir1981 is clear and has open the door way of secrets to succeed within Zambrano derivative application both BRCs of EEA and EUSS

Mubashir1981 thanks for the post

[snooky]

@All

Pieces from mubashir1981 Letter

This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route

The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.

The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision

UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route

The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.

The EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.

UKVI has said that you should have a decision imminently.

This should encourage yall to bang in Drf1 application

[Ngoo]

Hi everyone i received final reply form ombadsman.

Your complaint about UK Visas and Immigration We have completed our consideration of your complaint about UK Visas and immigration (UKVI) and I am writing to tell you the outcome. To reach this decision we reviewed the information you have provided, and information provided by UKVI. Having done this, we have decided not to consider your complaint further; this is because we have not identified indications of failings in UKVI’s processing of your applications. I understand that our decision may be disappointing, but I will explain the reasons for this and the factors we have considered in our assessment of your complaint. Your complaint You complain UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme (EU Settlement Scheme). You say the application was submitted in August 2019. You say the delay has affected your ability to work and your ability to move to a new house. UKVI has also restricted you and your family’s freedom of movement. You say UKVI’s delay in reaching a decision has caused you and your wife stress, anxiety and depression. You would like an explanation as to why UKVI has not made a decision on your application.
Reasons for our decision You have complained that UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme. EU Settlement Scheme is a scheme set up for EU, EEA or Swiss citizens so they can continue to live in the UK after 30 June 2021. UKVI have said that as your application was based on a derivative right to reside in the UK, it has taken longer to process. You made this application as you are the primary carer of a British child. UKVI has explained that derivative rights applications were originally accommodated within the provisions of the EEA Regulations 20161 and were not included in the scope of the UK’s Withdrawal Agreement with the EU. However, the UK made a decision to widen the scope of the EU Settlement Scheme to now allow applications based on derived right of residence. UKVI has explained that these cases are often complex and therefore they can take longer to process. The relevant guidance says: ‘your application is likely to take longer than a month if…you submit a paper application- for example if your application is based on a derivative right to reside in the UK’2 It explained that the ethos of the Settlement Scheme is to ensure that every effort is undertaken to consider if status can be granted. Any refusal action is subject to considerable scrutiny prior to it being issued and this included seeking ministerial approval. UKVI noted that Ministerial approval on these types of applications was delayed due to prorogation of Parliament and the General Election. As such, cases did not begin to be refused until 5 February 2020. UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route3. However, while the EU Settlement Scheme application was under consideration, you submitted a further application under the EEA Regulations on 3 December 2019. This was also made via the Zambrano route. The application was refused 27 January 2020 and you appealed against the decision on 2 February. The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.
UKVI has said that you should have a decision imminently. We have seen that you submitted an application under EU Settlement Scheme in August 2019 and UKVI guidance stated that this type of application can take over one month to process. This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route. These delays were caused by the prorogation of Parliament and the General Election. You then submitted a further application under the EEA Regulations, it is this application which was initially refused then overturned at tribunal. The second application was submitted on 3 December and was refused on 27 January. We do not find this time frame to be unreasonable. The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision. We are aware that UKVI are now currently completing mandatory checks and a decision will be made imminently. Whilst we do appreciate how distressing it has been for you, we have not identified any indications of failings in how UKVI processed your applications. We are also satisfied that UKVI has explained the reasons for the delays you have experienced. In summary, we have decided we will not take further action on your complaint. I hope I have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it. If you have any feedback about our service or decision, then please let me know within one month of the date of this letter. We recognise that everyone has different needs and circumstances, and these are likely to influence the way you access our service. If you need this letter in a different format, please contact me on the details at the top of this letter to discuss your accessibility requirements. Please note there are some important details about how we use your information at the bottom of this letter. Yours sincerely
Caseworker

@Mubashir, You have nothing to worry about. Your settlement will arrive very very soon. Best of luck.

[bwunmi]

As you have waited for 10 months already, just know that decision is just seconds away.

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.

@Spooky, Can you sent me the link of the form please
Thank you

Below is the link

https://www.gov.uk/government/publicati ... -form-drf1

@Spooky,thank you so much. I really appreciate it

[bwunmi]

As you have waited for 10 months already, just know that decision is just seconds away.

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.

@Spooky, Can you sent me the link of the form please
Thank you

Below is the link

https://www.gov.uk/government/publicati ... -form-drf1

@Spooky,thank you so much. I really appreciate it

[bwunmi]

As you have waited for 10 months already, just know that decision is just seconds away.

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.

@Spooky, Can you sent me the link of the form please
Thank you

Below is the link

https://www.gov.uk/government/publicati ... -form-drf1

@Spooky,thank you so much. I really appreciate it

[LULUBABY]

Hi everyone i received final reply form ombadsman.

Your complaint about UK Visas and Immigration We have completed our consideration of your complaint about UK Visas and immigration (UKVI) and I am writing to tell you the outcome. To reach this decision we reviewed the information you have provided, and information provided by UKVI. Having done this, we have decided not to consider your complaint further; this is because we have not identified indications of failings in UKVI’s processing of your applications. I understand that our decision may be disappointing, but I will explain the reasons for this and the factors we have considered in our assessment of your complaint. Your complaint You complain UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme (EU Settlement Scheme). You say the application was submitted in August 2019. You say the delay has affected your ability to work and your ability to move to a new house. UKVI has also restricted you and your family’s freedom of movement. You say UKVI’s delay in reaching a decision has caused you and your wife stress, anxiety and depression. You would like an explanation as to why UKVI has not made a decision on your application.
Reasons for our decision You have complained that UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme. EU Settlement Scheme is a scheme set up for EU, EEA or Swiss citizens so they can continue to live in the UK after 30 June 2021. UKVI have said that as your application was based on a derivative right to reside in the UK, it has taken longer to process. You made this application as you are the primary carer of a British child. UKVI has explained that derivative rights applications were originally accommodated within the provisions of the EEA Regulations 20161 and were not included in the scope of the UK’s Withdrawal Agreement with the EU. However, the UK made a decision to widen the scope of the EU Settlement Scheme to now allow applications based on derived right of residence. UKVI has explained that these cases are often complex and therefore they can take longer to process. The relevant guidance says: ‘your application is likely to take longer than a month if…you submit a paper application- for example if your application is based on a derivative right to reside in the UK’2 It explained that the ethos of the Settlement Scheme is to ensure that every effort is undertaken to consider if status can be granted. Any refusal action is subject to considerable scrutiny prior to it being issued and this included seeking ministerial approval. UKVI noted that Ministerial approval on these types of applications was delayed due to prorogation of Parliament and the General Election. As such, cases did not begin to be refused until 5 February 2020. UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route3. However, while the EU Settlement Scheme application was under consideration, you submitted a further application under the EEA Regulations on 3 December 2019. This was also made via the Zambrano route. The application was refused 27 January 2020 and you appealed against the decision on 2 February. The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.
UKVI has said that you should have a decision imminently. We have seen that you submitted an application under EU Settlement Scheme in August 2019 and UKVI guidance stated that this type of application can take over one month to process. This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route. These delays were caused by the prorogation of Parliament and the General Election. You then submitted a further application under the EEA Regulations, it is this application which was initially refused then overturned at tribunal. The second application was submitted on 3 December and was refused on 27 January. We do not find this time frame to be unreasonable. The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision. We are aware that UKVI are now currently completing mandatory checks and a decision will be made imminently. Whilst we do appreciate how distressing it has been for you, we have not identified any indications of failings in how UKVI processed your applications. We are also satisfied that UKVI has explained the reasons for the delays you have experienced. In summary, we have decided we will not take further action on your complaint. I hope I have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it. If you have any feedback about our service or decision, then please let me know within one month of the date of this letter. We recognise that everyone has different needs and circumstances, and these are likely to influence the way you access our service. If you need this letter in a different format, please contact me on the details at the top of this letter to discuss your accessibility requirements. Please note there are some important details about how we use your information at the bottom of this letter. Yours sincerely
Caseworker

Mubashir1981, thank you so much for sharing.

[Prettymum]

@ Snooky

Can a step parent apply for derivatives right to reside?

[LULUBABY]

@All

Pieces from mubashir1981 Letter

This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route

The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.

The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision

UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route

The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.

The EU Settlement Scheme application is now in a position to be decided, once mandatory checks have been cleared.

UKVI has said that you should have a decision imminently.

This should encourage yall to bang in Drf1 application

Thank you so much for your insights, Snooky. I really appreciate you taking the time to always inform and explain.

[Spirit007]

Hi guys,

Congratulations to all those who have received their long awaited good news and more power to the elbows of those waiting a decision on their case

My friend switched his long term residence ILR application to Zambrano EU Settlement scheme and also did a Zambrano EEA application. Though HO has confirmed both applications and progressing with them, they haven't issued him a refund for the application fees. Can you please advice how he can proceed in requesting for the refund. And is it a good idea to do so?

Thanks

[snooky]

@ Snooky

Can a step parent apply for derivatives right to reside?

Prettymum

Read Annex 1 Appendix EU

You can, though a bit tricky, should you be able to fufil any one of the criteria below

1. That you have Parental Responsibility Order or
2. Guardianship Order or
3. Married to the child other parent or
4. Established 2 years of cohabitation


Other direct relative or legal guardians with primary carer responsibility

Where the person claiming to be the primary carer of a relevant British citizen child is not their parent, you must be satisfied that they are another direct relative of the child, or their legal guardian, with primary carer responsibility for the child, for example by the provision of a valid legal guardianship order or another valid court order which establishes their primary carer responsibility for the child.

An example of an alternative court order would be one transferring parental responsibility. Such court orders must be considered on a case by case basis to
determine whether they establish that the person is the child’s primary carer.

Legal guardian

You must be satisfied, for example by the provision by the applicant of the relevant special guardianship order or other relevant guardianship order (that is a formal court order which vests parental responsibility or similar for a child in a person other than a parent of the child), that the person is the legal guardian of the relevant British citizen

[snooky]

Hi guys,

Congratulations to all those who have received their long awaited good news and more power to the elbows of those waiting a decision on their case

My friend switched his long term residence ILR application to Zambrano EU Settlement scheme and also did a Zambrano EEA application. Though HO has confirmed both applications and progressing with them, they haven't issued him a refund for the application fees. Can you please advice how he can proceed in requesting for the refund. And is it a good idea to do so?

Thanks

Application made under the EU Settlement Scheme and the Immigration (European Economic Area) 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.

Because these 2 application dont vary themselves or overlaps, HO will not cancel the any of it. They will process the two applications and if successful will issue you with 2 BRCs

[Spirit007]

Hi guys,

Congratulations to all those who have received their long awaited good news and more power to the elbows of those waiting a decision on their case

My friend switched his long term residence ILR application to Zambrano EU Settlement scheme and also did a Zambrano EEA application. Though HO has confirmed both applications and progressing with them, they haven't issued him a refund for the application fees. Can you please advice how he can proceed in requesting for the refund. And is it a good idea to do so?

Thanks

Application made under the EU Settlement Scheme and the Immigration (European Economic Area) 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.

Because these 2 application dont vary themselves or overlaps, HO will not cancel the any of it. They will process the two applications and if successful will issue you with 2 BRCs

Snooky, thanks for the prompt response.
In this case, a fee was paid for ILR. When Zambrano EU scheme was made HO cancelled the ILR to remain application as they could not have two overlapping applications. Subsequently, following advice from the forum, a Zambrano EEA application was also made. I totally understand that Zambrano EU and EEA can go concurrently.
My question is, shouldn't they refund the fee made for the ILR application? If so, how does he proceed with requesting it?

[snooky]

Hi guys,

Congratulations to all those who have received their long awaited good news and more power to the elbows of those waiting a decision on their case

My friend switched his long term residence ILR application to Zambrano EU Settlement scheme and also did a Zambrano EEA application. Though HO has confirmed both applications and progressing with them, they haven't issued him a refund for the application fees. Can you please advice how he can proceed in requesting for the refund. And is it a good idea to do so?

Thanks

Application made under the EU Settlement Scheme and the Immigration (European Economic Area) 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.

Because these 2 application dont vary themselves or overlaps, HO will not cancel the any of it. They will process the two applications and if successful will issue you with 2 BRCs

Snooky, thanks for the prompt response.
In this case, a fee was paid for ILR. When Zambrano EU scheme was made HO cancelled the ILR to remain application as they could not have two overlapping applications. Subsequently, following advice from the forum, a Zambrano EEA application was also made. I totally understand that Zambrano EU and EEA can go concurrently.
My question is, shouldn't they refund the fee made for the ILR application? If so, how does he proceed with requesting it?

Application pending under another part of the Immigration Rules

If an applicant has an application for indefinite leave or limited leave pending under another part of the Immigration Rules and then makes an application under the scheme, the original application will be varied by the scheme application and must no longer be considered. You must refund any fee paid in respect of the original application. This does not apply if the original application is a claim for asylum or
humanitarian protection or otherwise based on human rights, in which case it must continue to be considered and where both applications fall to be granted, you must consult your senior caseworker who must consult the European Migration & Citizens’Rights Unit before either application is decided.

So HO will refund you. It normally takes 6 weeks and subject to 25% administrative charge

If you dont receive it, then make complain to the complainant department

[Spirit007]

Hi guys,

Congratulations to all those who have received their long awaited good news and more power to the elbows of those waiting a decision on their case

My friend switched his long term residence ILR application to Zambrano EU Settlement scheme and also did a Zambrano EEA application. Though HO has confirmed both applications and progressing with them, they haven't issued him a refund for the application fees. Can you please advice how he can proceed in requesting for the refund. And is it a good idea to do so?

Thanks

Application made under the EU Settlement Scheme and the Immigration (European Economic Area) 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.

Because these 2 application dont vary themselves or overlaps, HO will not cancel the any of it. They will process the two applications and if successful will issue you with 2 BRCs

Snooky, thanks for the prompt response.
In this case, a fee was paid for ILR. When Zambrano EU scheme was made HO cancelled the ILR to remain application as they could not have two overlapping applications. Subsequently, following advice from the forum, a Zambrano EEA application was also made. I totally understand that Zambrano EU and EEA can go concurrently.
My question is, shouldn't they refund the fee made for the ILR application? If so, how does he proceed with requesting it?

Application pending under another part of the Immigration Rules

If an applicant has an application for indefinite leave or limited leave pending under another part of the Immigration Rules and then makes an application under the scheme, the original application will be varied by the scheme application and must no longer be considered. You must refund any fee paid in respect of the original application. This does not apply if the original application is a claim for asylum or
humanitarian protection or otherwise based on human rights, in which case it must continue to be considered and where both applications fall to be granted, you must consult your senior caseworker who must consult the European Migration & Citizens’Rights Unit before either application is decided.

So HO will refund you. It normally takes 6 weeks and subject to 25% administrative charge

If you dont receive it, then make complain to the complainant department

Thank you for the response. I find it very useful, as my doubts have been put to rest.

[snooky]

@Mubashir1981

This should be done after 11 July if you have not head or received your BRC and your cost

From: @gmail.com
To: Appealsfeesenquiries@homeoffice.gov.uk
Subject: EA/00000


Dear sirs,


I continue to act in the above matter. A direction on award of cost relating to fees was given. I can confirmed that since 11 June 2020, the receipt of the payment from the Home Office in the amount of £140.00 is still expecting.

As you have not chosen to appeal and have accepted to implement the Judge's promulgation, kindly make the payment as instructed by the court.


Yours sincerely

Write also to PDCU

Post Decision Casework Unit
Home Office
The Capital Building
Liverpool
L3 9PP

The PDCU are responsible to implement the Judge's promulgation.

[LULUBABY]

@Mubashir1981

This should be done after 11 July if you have not head or received your BRC and your cost

From: @gmail.com
To: Appealsfeesenquiries@homeoffice.gov.uk
Subject: EA/00000


Dear sirs,


I continue to act in the above matter. A direction on award of cost relating to fees was given. I can confirmed that since 11 June 2020, the receipt of the payment from the Home Office in the amount of £140.00 is still expecting.

As you have not chosen to appeal and have accepted to implement the Judge's promulgation, kindly make the payment as instructed by the court.


Yours sincerely

Write also to PDCU

Post Decision Casework Unit
Home Office
The Capital Building
Liverpool
L3 9PP

The PDCU are responsible to implement the Judge's promulgation.

Always willing to help. Thank you so much Snooky.

[Prettymum]

@ Snooky

Since paper application is made via email... what is the email to send the df1 form after filling? Thanks

[snooky]

@ Snooky

Since paper application is made via email... what is the email to send the df1 form after filling? Thanks
[/quote

Prettymum

RePaper applications to be submitted via email rather than by post.

This application is actually for FTT applications.

Tnx

[bwunmi]

@Spooky.
Thank you so much for your help.

@Spooky, Can you sent me the link of the form please
Thank you

Below is the link

https://www.gov.uk/government/publicati ... -form-drf1

@Spooky,thank you so much. I really appreciate it

Hi @Snooky.
Sorry to bother you please. I was reading through the form,it states An Eu self sufficient child. We are presently being supported by the social service(section 17). Do you think I can still apply for derivatives right if we are under the children services please?
I was thinking of putting in another Eu Settlement scheme application,this time would rely on my eldest child,who is in education. I'm scared the ongoing application is being delayed because my second child is not self sufficient and it might come out negative.
I need your advice please. Thank you

[snooky]

@Spooky, Can you sent me the link of the form please
Thank you

Below is the link

https://www.gov.uk/government/publicati ... -form-drf1

@Spooky,thank you so much. I really appreciate it

Hi @Snooky.
Sorry to bother you please. I was reading through the form,it states An Eu self sufficient child. We are presently being supported by the social service(section 17). Do you think I can still apply for derivatives right if we are under the children services please?
I was thinking of putting in another Eu Settlement scheme application,this time would rely on my eldest child,who is in education. I'm scared the ongoing application is being delayed because my second child is not self sufficient and it might come out negative.
I need your advice please. Thank you

The Economically Self-Sufficient

A self-sufficient person is someone who has enough money to pay for their living expenses without claiming benefits in the UK and who has comprehensive sickness insurance in the UK.

To be accepted as a self-sufficient person they must be able to show more than the maximum level of resources which a UK national and their family members can have in order to qualify for social assistance under the UK benefits system.

There is no requirement regarding the origin of the resources on the basis of which an EU citizen may be self-sufficient. To assess whether an EU national is self-sufficient in the UK, he or she only needs to show that there are sufficient resources available. This in turn means that the origin of the resources can equally be from employment of a spouse or other family member, a point made by the CJEU on several occasions (see, e.g., C-200/02 Chen [2004] ECR I-9525 and C-86/12 Alokpa 10 October 2013). Regulation 4(4) of the 2006 Regulations now confirms that an EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

Based on regulation 16(2), 16(4) and 16(7) for Chen, Ibrahim/Teixeira it could be a bit of a problem.

The only way is if your social service assistance is saved in a different bank account by you and have enough funds in there; as you dont need to show where the funds are coming from.

Technically section 17 will affect you if you dont save the money given to you as subsistence.

If you have any family member too who is part of your household and works, that would be fine.

[bwunmi]

Below is the link

https://www.gov.uk/government/publicati ... -form-drf1

@Spooky,thank you so much. I really appreciate it

Hi @Snooky.
Sorry to bother you please. I was reading through the form,it states An Eu self sufficient child. We are presently being supported by the social service(section 17). Do you think I can still apply for derivatives right if we are under the children services please?
I was thinking of putting in another Eu Settlement scheme application,this time would rely on my eldest child,who is in education. I'm scared the ongoing application is being delayed because my second child is not self sufficient and it might come out negative.
I need your advice please. Thank you

The Economically Self-Sufficient

A self-sufficient person is someone who has enough money to pay for their living expenses without claiming benefits in the UK and who has comprehensive sickness insurance in the UK.

To be accepted as a self-sufficient person they must be able to show more than the maximum level of resources which a UK national and their family members can have in order to qualify for social assistance under the UK benefits system.

There is no requirement regarding the origin of the resources on the basis of which an EU citizen may be self-sufficient. To assess whether an EU national is self-sufficient in the UK, he or she only needs to show that there are sufficient resources available. This in turn means that the origin of the resources can equally be from employment of a spouse or other family member, a point made by the CJEU on several occasions (see, e.g., C-200/02 Chen [2004] ECR I-9525 and C-86/12 Alokpa 10 October 2013). Regulation 4(4) of the 2006 Regulations now confirms that an EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

Based on regulation 16(2), 16(4) and 16(7) for Chen, Ibrahim/Teixeira it could be a bit of a problem.

The only way is if your social service assistance is saved in a different bank account by you and have enough funds in there; as you dont need to show where the funds are coming from.

Technically section 17 will affect you if you dont save the money given to you as subsistence.

If you have any family member too who is part of your household and works, that would be fine.

Hi Spooky,
Thank you for the reply.
I don't have any family member leaving with me,only my children. My ex partner gives us feeding allowance. He is self employed but we don't leave together anymore.
What do you think my opinion is please?

[snooky]

@Spooky,thank you so much. I really appreciate it

Hi @Snooky.
Sorry to bother you please. I was reading through the form,it states An Eu self sufficient child. We are presently being supported by the social service(section 17). Do you think I can still apply for derivatives right if we are under the children services please?
I was thinking of putting in another Eu Settlement scheme application,this time would rely on my eldest child,who is in education. I'm scared the ongoing application is being delayed because my second child is not self sufficient and it might come out negative.
I need your advice please. Thank you

The Economically Self-Sufficient

A self-sufficient person is someone who has enough money to pay for their living expenses without claiming benefits in the UK and who has comprehensive sickness insurance in the UK.

To be accepted as a self-sufficient person they must be able to show more than the maximum level of resources which a UK national and their family members can have in order to qualify for social assistance under the UK benefits system.

There is no requirement regarding the origin of the resources on the basis of which an EU citizen may be self-sufficient. To assess whether an EU national is self-sufficient in the UK, he or she only needs to show that there are sufficient resources available. This in turn means that the origin of the resources can equally be from employment of a spouse or other family member, a point made by the CJEU on several occasions (see, e.g., C-200/02 Chen [2004] ECR I-9525 and C-86/12 Alokpa 10 October 2013). Regulation 4(4) of the 2006 Regulations now confirms that an EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

Based on regulation 16(2), 16(4) and 16(7) for Chen, Ibrahim/Teixeira it could be a bit of a problem.

The only way is if your social service assistance is saved in a different bank account by you and have enough funds in there; as you dont need to show where the funds are coming from.

Technically section 17 will affect you if you dont save the money given to you as subsistence.

If you have any family member too who is part of your household and works, that would be fine.

Hi Spooky,
Thank you for the reply.
I don't have any family member leaving with me,only my children. My ex partner gives us feeding allowance. He is self employed but we don't leave together anymore.
What do you think my opinion is please?

1. How many years did you live with your ex in uk
2. Can your ex support the child with the income
3. Is your ex working

Based on your answers to these causing, I can determine another route

You could still have derived right