Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[wizzy1979]

Home office indicated they will finish reconsideration by 25th of April. We hope thts real and not just a saying from them

[Baccra]

Dear Sir/Madam,

Thank you for your email dated 4th March, 2022, regarding my application under the EU settlement scheme.

I have carefully considered the content of your email, and the relevant EEA Regulation that applies to my specific situation, and I believe that my immigration status application should be considered as an “EXEMPT PERSON” instead of considering it under the Zambrano right to reside.

I believe that I meet the “exempt person” criterion as stated in the “EU Settlement Scheme version 4: person with a Zambrano right to reside” under “Eligibility Requirements”. I will like to give a brief background about my application and the reason why I believe that I qualify under “exempt person” eligibility requirement.

I applied for settled status using the online application and received a confirmation email on 29/04/2020. I was advised after a year by a case worker from the home office that my application should not be online but a paper form under Zambrano. I was sent a paper form which I duly completed and posted and received a “confirmation of application” letter.

After reviewing the home office document “EU Settlement Scheme: person with a Zambrano right to reside Version 4.0”, I realized that I do not qualify as a Zambrano applicant, but I should be treated as an “Exempt Person” as stated in the documents above; I will proceed to explain my reasons.


An exempt person is defined in regulation 16(7)(c) as a person who:

has (or for the relevant period had) a right to reside in the UK under another provision of the EEA Regulations, for example, as a person who is (or was) already exercising free movement rights as an EEA citizen or who is (or was) the family member of such a person: see Immigration (European Economic Area) Regulations 2016 (where the applicant has (or had) a right to reside in the UK under another provision of the EEA Regulations, they will be an exempt person so cannot be considered a ‘person with a Zambrano right to reside’, but you must then go on to consider whether they are eligible on other grounds for leave under Appendix EU).

My daughter, xxxxxxxxx, who is now a British citizen, WAS an EU citizen before she applied and became British citizen after more than 5 years of exercising the free movement rights. Throughout the 5-year period, I was also exercising my rights as a family member of an EU citizen. Therefore, during the period in which my daughter was an EU citizen, I met the requirement of a family member of the then EU citizen who “was already exercising free movement right.” I wish to highlight the fact that I earned my ‘family member’ rights during my daughter’s EU citizenship period.

The guidelines from Home Office recognize people like me who WAS a family member of an EU citizen during the RELEVANT PERIOD and successfully acquired the right of permanent residency alongside my EU citizen dependent before she applied and became a naturalized British citizen.

The “Appendix EU” under “Eligibility for indefinite leave to enter or remain” gives conditions under which a person can apply for indefinite leave to remain and conditions that need to be met. I believe that I have already met those conditions, particularly the condition a) (iii), which I have copied below, and I have highlighted the relevant points.

a) The applicant:
(i) is a relevant EEA citizen; or
(ii) is (or, as the case may be, for the relevant period was) a family member of a relevant EEA citizen; or
(iii) is (or, as the case may be, for the relevant period was) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) is a person with a derivative right to reside; or
(v) is a person with a Zambrano right to reside; or
(vi) is a person who had a derivative or Zambrano right to reside; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

My daughter, xxxxxxx, through whom I gained the right of residence, was an EU citizen before she became a British citizen. I exercised my right as a family member of my daughter, who was an EU citizen exercising free movements rights under EU laws in the relevant period from 2007 to 2014 before she applied for and successfully became a British citizen. I have been living in UK with my daughter continuously from 2007 till date, which goes beyond the five years continuous qualifying period requirement to be considered for indefinite leave to remain, which meets the condition (b) above.

My argument is that I gained the right to indefinite leave to enter or remain in 2012, two years before my daughter applied and became a British citizen. I have attached a scanned document of the “EU permanent residence document” that was issued to my daughter after she completed her 5 years continuously qualifying period. Throughout that period I was also exercising my rights as the family member of an EU citizen under the free movement directive. I do not have to lose that right of permanent residency after having exercise that right continuously for 5 years as a dependent of an EU citizen who exercised that right for 5 years before she applied for British Citizenship.

I have already sent evidence in the form of pay slips, P60 and P45 when I submitted my paper application which are evidence of my continuous 5 years period in sync with my daughter’s intervening period. I have also submitted University transcript when I successfully applied and attended University of Hertfordshire to study for 4 years before becoming a GPhC qualified pharmacist in UK. I am happy to send any additional documents relating to my 5 years continuous qualifying period if need be.

Since qualifying, I have worked as a community pharmacist, even throughout the COVID -19 pandemic, serving my community and beyond throughout those critical periods, and I want to continue to do so. I sincerely hope you will consider all relevant information before deciding on my case.

I hope my application would be considered as an “Exempt Person” and under the EU appendix and not under Zambrano right as I was advised by the home office. Not doing so would imply that ALL the rights I gained for continuous 5 years as a family member of an EU citizen before my daughter became a British citizen are lost just because my daughter became a British Citizen.

I will like to reiterate that the “relevant period” in my case is the time that my daughter was an EU citizen, and so my application should be considered within that that timeframe when I earned the right; and therefore, my application should not be considered through the lens of her current status.

I hope to hear from you soon. Thank you.

Sincerely,

Xxxxxxx

Please, I wonder if anyone is in a similar position as me. The letter above is an email I sent to Home Office over the weekend in response to a request for medical records of my daughter to determine whether she is disable and would need my care in the UK (which is simply not)

Any lawyer who specialises in this type of case? I would be happy to link up and seek your professional service. Thank you

[Lagosbos]

I presume you should have applied for Settled status as a person with Derivative right to reside under Chen and Ibrahim/Texeira cases not Zambrano, considering you were the primary carer of an EU Citizen before your child became a British citizen.

[Lagosbos]

https://www.gov.uk/government/publicati ... r-guidance
You should be looking at the Chen/Ibrahim caseworker guidance and not Zambrano. I hope it helps.

[Win49]

Please does anyone know the right email address to email? Application received by HO 29th June and still haven't heard anything. Called the resolution centre but it does not allow you to connect with anyone, then cuts off.
Thanks

[Miss-Suz]

Please does anyone know the right email address to email? Application received by HO 29th June and still haven't heard anything. Called the resolution centre but it does not allow you to connect with anyone, then cuts off.
Thanks

Hi,

You need to insist when you call the resolution center. When the line cuts off just restart. It happened to me. I called them this morning regarding my digital status. The same thing happened but I did not stop I called again. The third time I was in the queue and I finally spoke to someone.
Just keep calling don’t stop first.

[Win49]

Please does anyone know the right email address to email? Application received by HO 29th June and still haven't heard anything. Called the resolution centre but it does not allow you to connect with anyone, then cuts off.
Thanks

Hi,

You need to insist when you call the resolution center. When the line cuts off just restart. It happened to me. I called them this morning regarding my digital status. The same thing happened but I did not stop I called again. The third time I was in the queue and I finally spoke to someone.
Just keep calling don’t stop first.

Thanks. Please what option did you choose.

[Miss-Suz]

Please does anyone know the right email address to email? Application received by HO 29th June and still haven't heard anything. Called the resolution centre but it does not allow you to connect with anyone, then cuts off.
Thanks

Hi,

You need to insist when you call the resolution center. When the line cuts off just restart. It happened to me. I called them this morning regarding my digital status. The same thing happened but I did not stop I called again. The third time I was in the queue and I finally spoke to someone.
Just keep calling don’t stop first.

Thanks. Please what option did you choose.

I choose option 3 but that is for queries on UKVI account or help with digital status, share code etc…

[Miss-Suz]

Please does anyone know the right email address to email? Application received by HO 29th June and still haven't heard anything. Called the resolution centre but it does not allow you to connect with anyone, then cuts off.
Thanks

Hi,

You need to insist when you call the resolution center. When the line cuts off just restart. It happened to me. I called them this morning regarding my digital status. The same thing happened but I did not stop I called again. The third time I was in the queue and I finally spoke to someone.
Just keep calling don’t stop first.

Thanks. Please what option did you choose.

I choose option 3 but that is for queries on UKVI account or help with digital status, share code etc…

When you call just listen to the voice recorder, it will tell you which option to choose according to your query

[Eboniangel]

Hi guys, I sent my EU settlement application through the post and they received it on 30 June 2021. On 03 October 2021 my FLR FP (parent) visa expired and I extended it on 26 November 2021after being granted a fee waiver. I received my passport back in the post on Saturday 05 March 2022. Surprisingly, I didn't receive any other letter or biometric appointment invitation with my passport from the EU Settlement Team. I think it's quite strange, has this happened to any one else? My FLR FP visa extension is still being processed, so I haven't heard anything back from them.

[Miss-Suz]

It’s unbelievable!!!
I received another COA today again from HO
Don’t know what’s wrong with them
First COA dated 16/02/2022, second one dated 01/03/2022
And it the same exact thing!!
That just makes me laugh, it’s like there is different case worker onto the same case. As if the second one dealing with my case was not aware that I already received a COA. Just don’t know

[to be free]

Hi guys, I sent my EU settlement application through the post and they received it on 30 June 2021. On 03 October 2021 my FLR FP (parent) visa expired and I extended it on 26 November 2021after being granted a fee waiver. I received my passport back in the post on Saturday 05 March 2022. Surprisingly, I didn't receive any other letter or biometric appointment invitation with my passport from the EU Settlement Team. I think it's quite strange, has this happened to any one else? My FLR FP visa extension is still being processed, so I haven't heard anything back from them.

They might use biometrics from FLR fp application

[Eboniangel]

Hi guys, I sent my EU settlement application through the post and they received it on 30 June 2021. On 03 October 2021 my FLR FP (parent) visa expired and I extended it on 26 November 2021after being granted a fee waiver. I received my passport back in the post on Saturday 05 March 2022. Surprisingly, I didn't receive any other letter or biometric appointment invitation with my passport from the EU Settlement Team. I think it's quite strange, has this happened to any one else? My FLR FP visa extension is still being processed, so I haven't heard anything back from them.

They might use biometrics from FLR fp application

Thanks a lot for your response tobefree. The FLR FP team had asked me to send a selfie style passport photo, instead of attending a biometric appointment, as they were going to reuse my biometric info. This is mainly due to the Covid restrictions that were in place towards the end of November 2021. It seems they may reuse my biometric info, let's wait and see.

[Catalley09]

It’s unbelievable!!!
I received another COA today again from HO
Don’t know what’s wrong with them
First COA dated 16/02/2022, second one dated 01/03/2022
And it the same exact thing!!
That just makes me laugh, it’s like there is different case worker onto the same case. As if the second one dealing with my case was not aware that I already received a COA. Just don’t know

Remember a couple of weeks ago l said the same thing that l received 2 COA’s and was confused

[Catalley09]

Update

On the 25th January just after the Arkisanya judgement l received an email from the courts regarding HO (had appealed the decision made on the EEA residence card and they were refused permission to appeal and today courts just refunded the £80 l paid , hopefully it’s a positive decision soon l do not have leave to remain

[Ngoo]

Hello everyone!
God is Good!!!
I am so excited to let you all know that I have been granted SETTLE STATUS under the EU settlement scheme Zambrano.
Applied -November 2020
COA- December 2020
NO Biometric done for this application
Settled Status - 17th March 2021
I want to thank everyone for their support and encouragement throughout this process must especially Snooky, Mubashir, IST, Chris 90, Lulubaby and others May the face of the Lord Almighty continue to shine on you all in Jesus Name Amen. To everyone who is still waiting for the outcome of their application, your Testimony is on the way. Thank you Jesus!!!

Ngoo, Happy New Year and hope you and family are well. Did you get issued a BRC automatically or you had to apply separately?

Happy New year everyone! We are doing well thanks. Hope you and your family are doing good. It was issued separately because they want you to pay for it but if you allow Your Derivative card to expire you will get the Indefinite Leave Resident Card free. Stay blessed

[Ngoo]

I just received my COA which allow me to work, study, rent a place, access benefits. Even to travel in and out the UK

Congratulations Miss- Suz!

[Ngoo]

UPDATE:

I sent an email to the HO lawyer, last Wednesday asking him for an update.

I got a response reminding me that HO asked me to withdraw my JR and had agreed to reconsider my EUSS Application Decision . He also sent me a fresh COA pending the outcome of my EUSS application.

Congratulations Lulubaby!
Happy New Year! Hope you are doing well. Is been a while …keep going is almost done. Remain blessed

[Baccra]

Thank very much. I was actually advised by the home office to apply using Zambrano. I will look into your advice. Thank you so much

[Miss-Suz]

It’s unbelievable!!!
I received another COA today again from HO
Don’t know what’s wrong with them
First COA dated 16/02/2022, second one dated 01/03/2022
And it the same exact thing!!
That just makes me laugh, it’s like there is different case worker onto the same case. As if the second one dealing with my case was not aware that I already received a COA. Just don’t know

Remember a couple of weeks ago l said the same thing that l received 2 COA’s and was confused

Yes I remember that, they are funny

[Miss-Suz]

Update

On the 25th January just after the Arkisanya judgement l received an email from the courts regarding HO (had appealed the decision made on the EEA residence card and they were refused permission to appeal and today courts just refunded the £80 l paid , hopefully it’s a positive decision soon l do not have leave to remain

Oh that is great!

[Miss-Suz]

I just received my COA which allow me to work, study, rent a place, access benefits. Even to travel in and out the UK

Congratulations Miss- Suz!

Thank you so much Ngoo

[Win49]

Please does anyone know the right email address to email? Application received by HO 29th June and still haven't heard anything. Called the resolution centre but it does not allow you to connect with anyone, then cuts off.
Thanks

Hi,

You need to insist when you call the resolution center. When the line cuts off just restart. It happened to me. I called them this morning regarding my digital status. The same thing happened but I did not stop I called again. The third time I was in the queue and I finally spoke to someone.
Just keep calling don’t stop first.

Thanks. Please what option did you choose.

I choose option 3 but that is for queries on UKVI account or help with digital status, share code etc…

When you call just listen to the voice recorder, it will tell you which option to choose according to your query

Thank you and will do.

[Darasimidd]

Hi All,

I received update today regarding my EUSS application:

We are contacting you in regards to an application under the EU Settlement Scheme.

You applied to the EU Settlement Scheme (EUSS) as a ‘person with a Zambrano right to reside’.


The definition of a ‘person with a Zambrano right to reside’ provides, at paragraph (b), that the person must be without leave to enter or remain in the UK, unless this was granted under Appendix EU (see Annex 1 to Appendix EU).

You currently hold leave to enter or remain in the UK under Family/Private Life until 01 Sep 2023

The effect of paragraph (b) is that a person who held UK immigration leave (other than under Appendix EU to the Immigration Rules) could not meet the Appendix EU definition of a ‘person with a Zambrano right to reside’.

However, in the case of R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), the High Court ruled that paragraph (b), and the parts of the guidance – EU Settlement Scheme: person with a Zambrano right to reside – addressing that provision, were unlawful and ordered the Secretary of State for the Home Department (SSHD) to reconsider the relevant provisions of Appendix EU.

As a result of the High Court’s decision, the SSHD agreed, by way of a consent order dated 17 June 2021, that she will not determine applications made under Appendix EU on the basis that a person is or was a ‘person with a Zambrano right to reside’, where their case is affected by the decision in Akinsanya, until after she has completed her reconsideration of Appendix EU.

Given that you currently hold leave to remain in the UK until 01 Sep 2023, your application is directly affected by the decision in Akinsanya.

The Court of Appeal dismissed the SSHD’s appeal on 25 January 2022 and the SSHD is considering the implications of the judgment. In the meantime, your application cannot yet be decided. A decision will be made as soon as possible once the SSHD has completed her reconsideration of Appendix EU, as required by the consent order.

The SSHD does not consider that any detriment arises as a result of the hold on your application. In accordance with the consent order, as you made a valid EUSS Zambrano application by 30 June 2021, your certificate of application can be relied upon to confirm that your rights to work, study and (in England) rent a place to live are protected until the final determination of your EUSS Zambrano application (including the outcome of any appeal). Delete the following sentence if the person’s limited leave has since expired. As noted above, you also hold leave to enter or remain in the UK until 01 Sep 2023.

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,


UKVI European Casework

I am optimistic We will all have good news to share very soon. Delay not denial.

I just received a copy of same email. All they do is copy and paste.

[Tina87]

Hi All,

I received update today regarding my EUSS application:

We are contacting you in regards to an application under the EU Settlement Scheme.

You applied to the EU Settlement Scheme (EUSS) as a ‘person with a Zambrano right to reside’.


The definition of a ‘person with a Zambrano right to reside’ provides, at paragraph (b), that the person must be without leave to enter or remain in the UK, unless this was granted under Appendix EU (see Annex 1 to Appendix EU).

You currently hold leave to enter or remain in the UK under Family/Private Life until 01 Sep 2023

The effect of paragraph (b) is that a person who held UK immigration leave (other than under Appendix EU to the Immigration Rules) could not meet the Appendix EU definition of a ‘person with a Zambrano right to reside’.

However, in the case of R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), the High Court ruled that paragraph (b), and the parts of the guidance – EU Settlement Scheme: person with a Zambrano right to reside – addressing that provision, were unlawful and ordered the Secretary of State for the Home Department (SSHD) to reconsider the relevant provisions of Appendix EU.

As a result of the High Court’s decision, the SSHD agreed, by way of a consent order dated 17 June 2021, that she will not determine applications made under Appendix EU on the basis that a person is or was a ‘person with a Zambrano right to reside’, where their case is affected by the decision in Akinsanya, until after she has completed her reconsideration of Appendix EU.

Given that you currently hold leave to remain in the UK until 01 Sep 2023, your application is directly affected by the decision in Akinsanya.

The Court of Appeal dismissed the SSHD’s appeal on 25 January 2022 and the SSHD is considering the implications of the judgment. In the meantime, your application cannot yet be decided. A decision will be made as soon as possible once the SSHD has completed her reconsideration of Appendix EU, as required by the consent order.

The SSHD does not consider that any detriment arises as a result of the hold on your application. In accordance with the consent order, as you made a valid EUSS Zambrano application by 30 June 2021, your certificate of application can be relied upon to confirm that your rights to work, study and (in England) rent a place to live are protected until the final determination of your EUSS Zambrano application (including the outcome of any appeal). Delete the following sentence if the person’s limited leave has since expired. As noted above, you also hold leave to enter or remain in the UK until 01 Sep 2023.

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,


UKVI European Casework

I am optimistic We will all have good news to share very soon. Delay not denial.

I just received a copy of same email. All they do is copy and paste.

Likewise me. Received same email today