Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[abuken]

After publication of the 'new' guidance, our first client has had her Zambrano #EUSS application refused. She's been in the UK 23 yrs + is the parent of a British child, but now must wait even longer + pay thousands of £££ if she's to ever get indefinite leave @HackneyLawCentr

[snooky]

Good Evening all, I am a silent user of this forum, and I will like to get some support regarding the SLC and COA. I have been going back and forth with student finance as they refuse to award a temporary loan for my studies I started this February. These are the responses I got from the stage two caseworker after sending the COA link to her. Pls, see below.

Dear Ms xxx

Thank you for your email to the Stage 2 mailbox of the Formal Appeals department that was received on the 8 July 2022 following the Stage 2 Formal Appeal response provided to you on 22 June 2022.

Within your email you have provided the access to student finance in England late application to EU Settlement Scheme guidance. I can confirm that the Student Loans Company (SLC) has taken this into consideration. I appreciate you submitted your
a European Union Settlement Scheme (EUSS) application on 11 February 2022 and the guidance you have provided states:

Once a valid application has been made to the EUSS (evidenced by receipt of a certificate of application (COA)), the applicant will have temporary protection, pending the outcome of that application.

Unfortunately has your EUSS application outcome is still pending having temporary protection does mean you have been granted a status through the EUSS. Therefore, the SLC must review your eligibility for support on the basis of your Leave to Remain (LTR) immigration status as stipulated in your Formal Appeal Stage 2 response which is in accordance with the Education (Student Support) Regulations 2011 (as amended).

Therefore, I must inform you that the regulations have been applied correctly and unfortunately your Formal Appeal remains unsuccessful.

Yours sincerely

Xxxx | Formal Appeals | Stage 2
Student Loans Company
PO Box 226, Memphis Building, Lingfield Point, Darlington DL1 9GA.



What pls kindly advice me what should I do next? As this is been stressing me out ad my school is chasing up for the school fees that if by end of July no positive response from SLC I will have to start making payment. Pls I need help

I am sorry to hear that @annaoyin - I know this is a long shot because there is a lot of truth in what @Snooky has explained.
Make a detailed complaint against the student loans company via the IMA (Independent Monitoring Authority for the Citizens Rights Agreement) website: https://complaints.ima-citizensrights.o ... complaint/

Alternatively, obtain legal advice from a qualified Public Lawyer, to see if a judicial review can be raised. If your case has merit and depending on your finances, you may get legal aid because it's not immigration related.

All the best and good luck!!

Hmmm

You are in the deep of the deepest ocean. I have seen a lot of this issue and turns to be ugly especially if you have had a student accommodation inclusive.

The MPs wouldn't help you as is a civil matter now and with the universities the only way to avoid this is to defer your course.

From citizens and advice to lawyers, no one can help you to come out of this HO poison which has been inserted into the SLC rules.

The SFE will ask HO to make a clarification of whoever has applied for SF. 80% HO doesn't answer them and if they do to, negative information is what they give to SLC.

Speak to your student union. They are the most effective tool in such Tom and Jerry SFE/HO game of throne.

Please for those with CoA, stay out of universities for now as HO only respect people with Initial Right under Reg 16 than than those with derivative right of residence.

[snooky]

After publication of the 'new' guidance, our first client has had her Zambrano #EUSS application refused. She's been in the UK 23 yrs + is the parent of a British child, but now must wait even longer + pay thousands of £££ if she's to ever get indefinite leave @HackneyLawCentr

Arthhh

Shame to the SSHD.

The new maintain guidance is more toxic than anything as they are still fighting on Reg 16(7).

Hope when it goes to appeal HO will lose as they should of implemented Judge Mostyn's recommendations those CoA where in favour of sshd hardliners.

This approach was done when the Immigration and nationality rule where adopted newly with guidance for children who have been here and can't afford paying 1000s to register as British.

Though Supreme Court was in favour of HO the CoA decision was taken

[silverkey]

After publication of the 'new' guidance, our first client has had her Zambrano #EUSS application refused. She's been in the UK 23 yrs + is the parent of a British child, but now must wait even longer + pay thousands of £££ if she's to ever get indefinite leave @HackneyLawCentr

Did your client application got refuse due to already having FM visa?

[Simplychic]

Can someone pls advise my sister got her student finance approved and now we are confused if she should go to Uni come September or not. Because we are afraid if she goes to uni for year 1 SFE might not approve her loan in year 2.

[LULUBABY]

UPDATE:- Just received this email from HO

Dear Lulubaby,

This department is able to confirm receipt of your emails.



These will be processed and if any further information is required from you, you will be contacted in due course.



I believe Lord, help my unbelief.....

[KSplendide]

Oh Wow! @LULUBABY - Some news is definitely better than no news which will soon be Great news by his special Grace
However, I can't imagine your anxiety at the moment-but the Lord is your strength

UPDATE:- Just received this email from HO

Dear Lulubaby,

This department is able to confirm receipt of your emails.



These will be processed and if any further information is required from you, you will be contacted in due course.



I believe Lord, help my unbelief.....

[rai75]

Hi guys, it looks like Doughty Street Chambers will be holding an online seminar to discuss the new Zambrano Carer changes on 8th July between 4pm- 5pm. It's free to attend you just need to book a place. https://www.doughtystreet.co.uk/event/n ... ano-carers

It's on youtube now

https://youtu.be/OF77yB0CymY

EU Settlement Scheme rules for Zambrano carers

[Onomskky]

An interesting point to note from the latest stats release on EUSS derivative application from the HO - There were 4,810 applications received (4,700 concluded) from family members of British citizens (Lounes and Surinder Singh), 12,220 applications received (3,960 concluded) from Zambrano applicants, 1,920 applications received (1,300 concluded) from Chen applicants and 440 applications received (240 concluded) from Ibrahim & Teixeira applicants.

When looking at the refusals in the derivative rights applicants, Zambrano applications (2,280) accounted for 85% of the total refusals (2,680).

Seems like the HO is unsure of how to deal with Zambrano applications hence the huge gap of unresolved cases compared to others.

[Vera2022]

HO is inconsistent because each person's case is different. The case workers look at your individual circumstances to decide your case. @ Lulubaby, I'm positive you will be granted your status soon. I supported a friend to apply to the EUSS in May 2019 as a person with a Zambrano right to reside when the scheme first began. She was on 10 years Appendix FM as a sole parent of her British citizen child and her visa was expiring in August 2019. She has been granted settled status this week with her BRC arriving today. Now here is a summary of her journey / timeline with EUSS to encourage everybody.

1. First EUSS Zambrano paper application submitted in June 2019
2. COA received within a few weeks (enabled her to continue working)
3. Appendix FM visa expired in August 2019 but not renewed (would have been 3rd renewal under 10 year route)
4. EEA Derivative Residence application for Zambrano status submitted in July 2020 following strong advice from Snooky (thank you so much for your invaluable support)
5. COA for EEA Zambrano received in a few weeks (enabled her to continue working)
6. EUSS scheme application refused by HO in August 2020 with no right of appeal.
7. Requested admin review of EUSS refusal in August 2020
8. Applied for fee waiver in October 2020 and applied for Appendix FM (was panicking about potential loss of job if left with no immigration status)
9. HO withdrew EUSS admin review by end of October because of Appendix FM application as they claim she cannot have two applications at the same time.
10. EEA Zambrano application refused by HO in March 2021 with right of appeal
11. Submitted appeal to FTT to be determined on the papers (again using skeleton argument template from Snooky and information from other members on this platform)
12. Following first Akinsanya jugdement, submitted 2nd EUSS paper application in June 2021
13. COA received within few weeks
14. Appendix FM fee waiver application successful and granted 2.5 years 10 year route in June 2021
15. FTT allowed EEA Zambrono refusal appeal in November 2021
16. SSHD seeks permission to appeal FTT decision to allow EEA Zambrano
17. FTT refused SSHD permission to appeal in January 2022 (notification received from FTT in March 2022)
18. Wrote to FTT to demand refund of £80 court fees in March 2022 (refunded by HO in March 2022)
19. HO writes to put 2nd EUSS application on hold pending SSHD's review of rules after 2nd Akinsanya judgement by Court of Appeal
20. Wrote to HO / EUSS in May 2022 to request formal letter of recognition of Zambrano status to confirm decision of FTT and to link this recognition with pending 2nd EUSS application
21. HO / EUSS writes in June 2022 to confirm Zambrano status and issued a BRC which expired 30/06/2021
22. HO / EUSS writes in June 2022 to request for evidence as a primary carer of the British citizen child and why the child would be unable to stay in the UK if primary carer was to leave indefinitely
23. Emailed HO / EUSS school letter covering the period of child's primary school education, NHS letters, copies of red book (Child Health Record) and explanation of why child will have to follow primary carer if she was to leave the UK indefinitely.
24. EUSS Settled status (Zambrano) granted June 2022, BRC received but expires in December 2024.

I am very optimistic that everyone who keeps fighting back HO's attempt to frustrate us will get a positive outcome eventually.

Dear Agyapa

Congratulations to your outcome.

Could you please provide me with an email address you sent to HO regarding the paragraph below

Wrote to HO / EUSS in May 2022 to request formal letter of recognition of Zambrano status to confirm decision of FTT and to link this recognition with pending 2nd EUSS application

Many Thanks

[Agyapa]

HO is inconsistent because each person's case is different. The case workers look at your individual circumstances to decide your case. @ Lulubaby, I'm positive you will be granted your status soon. I supported a friend to apply to the EUSS in May 2019 as a person with a Zambrano right to reside when the scheme first began. She was on 10 years Appendix FM as a sole parent of her British citizen child and her visa was expiring in August 2019. She has been granted settled status this week with her BRC arriving today. Now here is a summary of her journey / timeline with EUSS to encourage everybody.

1. First EUSS Zambrano paper application submitted in June 2019
2. COA received within a few weeks (enabled her to continue working)
3. Appendix FM visa expired in August 2019 but not renewed (would have been 3rd renewal under 10 year route)
4. EEA Derivative Residence application for Zambrano status submitted in July 2020 following strong advice from Snooky (thank you so much for your invaluable support)
5. COA for EEA Zambrano received in a few weeks (enabled her to continue working)
6. EUSS scheme application refused by HO in August 2020 with no right of appeal.
7. Requested admin review of EUSS refusal in August 2020
8. Applied for fee waiver in October 2020 and applied for Appendix FM (was panicking about potential loss of job if left with no immigration status)
9. HO withdrew EUSS admin review by end of October because of Appendix FM application as they claim she cannot have two applications at the same time.
10. EEA Zambrano application refused by HO in March 2021 with right of appeal
11. Submitted appeal to FTT to be determined on the papers (again using skeleton argument template from Snooky and information from other members on this platform)
12. Following first Akinsanya jugdement, submitted 2nd EUSS paper application in June 2021
13. COA received within few weeks
14. Appendix FM fee waiver application successful and granted 2.5 years 10 year route in June 2021
15. FTT allowed EEA Zambrono refusal appeal in November 2021
16. SSHD seeks permission to appeal FTT decision to allow EEA Zambrano
17. FTT refused SSHD permission to appeal in January 2022 (notification received from FTT in March 2022)
18. Wrote to FTT to demand refund of £80 court fees in March 2022 (refunded by HO in March 2022)
19. HO writes to put 2nd EUSS application on hold pending SSHD's review of rules after 2nd Akinsanya judgement by Court of Appeal
20. Wrote to HO / EUSS in May 2022 to request formal letter of recognition of Zambrano status to confirm decision of FTT and to link this recognition with pending 2nd EUSS application
21. HO / EUSS writes in June 2022 to confirm Zambrano status and issued a BRC which expired 30/06/2021
22. HO / EUSS writes in June 2022 to request for evidence as a primary carer of the British citizen child and why the child would be unable to stay in the UK if primary carer was to leave indefinitely
23. Emailed HO / EUSS school letter covering the period of child's primary school education, NHS letters, copies of red book (Child Health Record) and explanation of why child will have to follow primary carer if she was to leave the UK indefinitely.
24. EUSS Settled status (Zambrano) granted June 2022, BRC received but expires in December 2024.

I am very optimistic that everyone who keeps fighting back HO's attempt to frustrate us will get a positive outcome eventually.

Dear Agyapa

Congratulations to your outcome.

Could you please provide me with an email address you sent to HO regarding the paragraph below

Wrote to HO / EUSS in May 2022 to request formal letter of recognition of Zambrano status to confirm decision of FTT and to link this recognition with pending 2nd EUSS application

Many Thanks


Hi Vera2022,
These are the email addresses I sent the request to:
1. europeancaseworkdecisionservice@homeoffice.gov.uk
2. eusspaperapplication@homeoffice.gov.uk
3. eusettlementresolution@homeoffice.gov.uk

However the HO's response in in grating settled status for my friend came from email No 2.
I hope this helps and goodluck!!!

[Agyapa]

By the way Folks, our photos are back online and share code is working!!

[Vera2022]

HO is inconsistent because each person's case is different. The case workers look at your individual circumstances to decide your case. @ Lulubaby, I'm positive you will be granted your status soon. I supported a friend to apply to the EUSS in May 2019 as a person with a Zambrano right to reside when the scheme first began. She was on 10 years Appendix FM as a sole parent of her British citizen child and her visa was expiring in August 2019. She has been granted settled status this week with her BRC arriving today. Now here is a summary of her journey / timeline with EUSS to encourage everybody.

1. First EUSS Zambrano paper application submitted in June 2019
2. COA received within a few weeks (enabled her to continue working)
3. Appendix FM visa expired in August 2019 but not renewed (would have been 3rd renewal under 10 year route)
4. EEA Derivative Residence application for Zambrano status submitted in July 2020 following strong advice from Snooky (thank you so much for your invaluable support)
5. COA for EEA Zambrano received in a few weeks (enabled her to continue working)
6. EUSS scheme application refused by HO in August 2020 with no right of appeal.
7. Requested admin review of EUSS refusal in August 2020
8. Applied for fee waiver in October 2020 and applied for Appendix FM (was panicking about potential loss of job if left with no immigration status)
9. HO withdrew EUSS admin review by end of October because of Appendix FM application as they claim she cannot have two applications at the same time.
10. EEA Zambrano application refused by HO in March 2021 with right of appeal
11. Submitted appeal to FTT to be determined on the papers (again using skeleton argument template from Snooky and information from other members on this platform)
12. Following first Akinsanya jugdement, submitted 2nd EUSS paper application in June 2021
13. COA received within few weeks
14. Appendix FM fee waiver application successful and granted 2.5 years 10 year route in June 2021
15. FTT allowed EEA Zambrono refusal appeal in November 2021
16. SSHD seeks permission to appeal FTT decision to allow EEA Zambrano
17. FTT refused SSHD permission to appeal in January 2022 (notification received from FTT in March 2022)
18. Wrote to FTT to demand refund of £80 court fees in March 2022 (refunded by HO in March 2022)
19. HO writes to put 2nd EUSS application on hold pending SSHD's review of rules after 2nd Akinsanya judgement by Court of Appeal
20. Wrote to HO / EUSS in May 2022 to request formal letter of recognition of Zambrano status to confirm decision of FTT and to link this recognition with pending 2nd EUSS application
21. HO / EUSS writes in June 2022 to confirm Zambrano status and issued a BRC which expired 30/06/2021
22. HO / EUSS writes in June 2022 to request for evidence as a primary carer of the British citizen child and why the child would be unable to stay in the UK if primary carer was to leave indefinitely
23. Emailed HO / EUSS school letter covering the period of child's primary school education, NHS letters, copies of red book (Child Health Record) and explanation of why child will have to follow primary carer if she was to leave the UK indefinitely.
24. EUSS Settled status (Zambrano) granted June 2022, BRC received but expires in December 2024.

I am very optimistic that everyone who keeps fighting back HO's attempt to frustrate us will get a positive outcome eventually.

Dear Agyapa

Congratulations to your outcome.

Could you please provide me with an email address you sent to HO regarding the paragraph below

Wrote to HO / EUSS in May 2022 to request formal letter of recognition of Zambrano status to confirm decision of FTT and to link this recognition with pending 2nd EUSS application

Many Thanks


Hi Vera2022,
These are the email addresses I sent the request to:
1. europeancaseworkdecisionservice@homeoffice.gov.uk
2. eusspaperapplication@homeoffice.gov.uk
3. eusettlementresolution@homeoffice.gov.uk

However the HO's response in in grating settled status for my friend came from email No 2.
I hope this helps and goodluck!!!

Thank you Agyapa

[annaoyin]

Thanks everyone it's just very stressful as I am in the middle of my exams which kinda affected me. But we'll wouldn't let it break me as I will keep my faith up and carry on with the battle. I will try and make an official complaint as suggested thanks everyone really appreciate u all.

[Wishfulgirl]

Hello Everyone I have received a declined from the Eu settlement scheme today.


Dear
Application Reference Date
21 July 2022
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
0300 123 7379 www.gov.uk/settled-status-eu-citizens-families
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your children Xxxxxxx, Xxxxxx, Xxxxxx and Xxxxxxx . Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens- families/eligibility.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen. There are three key elements which must be met:
1. you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2. that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub- paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3. you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.

Your application has been refused because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.

It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre- settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix. We enclose the following documents that were submitted in support of your application:
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Other supporting documents
Next steps

You can apply for an administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.

You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: www.visas- immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
• a solicitor. More information is available at www.gov.uk/find-a-legal- adviser
• an immigration adviser. More information is available at www.gov.uk/find-an-immigration-adviser;
• Citizens Advice. More information is available at: www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
• the time limit for appealing after you receive your administrative review decision has passed; or
• if you appeal following the administrative review decision, until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status.
Calling from inside the UK: 0300 123 7379. Calling from outside the UK: +44 203 080 0010.
Further details on contacting us can be found on our website:

Can Anyonw tell me what to do next, I have no experience with these things. Here’s a breakdown of my immigration history, I came to the uk as family member of an EEA national in 2010. EU family member permit granted 2011 which expired 2016. However due to family breakdown this was never renewed, I applied for FLR in 2019 after being granted a fee waiver and was granted FLR until 04/ 2019. After finding out about the EU settlement scheme, and being the sole carer of my 4 British children, first one being born may 2014, I decided to make the EU Settlement application last august 2021.I Provided all the relevant information and was issued a COA. I did not renew my FLR FM due to my pending EU application. I was relying on my COA. With this decision now, I am unsure what to do? What is the next step to take. SNOOKY LAGOSBOSS, anyone have any suggestions. I look forward your response.

[snooky]

Hello Everyone I have received a declined from the Eu settlement scheme today.


Dear
Application Reference Date
21 July 2022
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
0300 123 7379 www.gov.uk/settled-status-eu-citizens-families
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your children Xxxxxxx, Xxxxxx, Xxxxxx and Xxxxxxx . Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens- families/eligibility.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen. There are three key elements which must be met:
1. you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2. that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub- paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3. you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.

Your application has been refused because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.

It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre- settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix. We enclose the following documents that were submitted in support of your application:
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Other supporting documents
Next steps

You can apply for an administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.

You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: www.visas- immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
• a solicitor. More information is available at www.gov.uk/find-a-legal- adviser
• an immigration adviser. More information is available at www.gov.uk/find-an-immigration-adviser;
• Citizens Advice. More information is available at: www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
• the time limit for appealing after you receive your administrative review decision has passed; or
• if you appeal following the administrative review decision, until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status.
Calling from inside the UK: 0300 123 7379. Calling from outside the UK: +44 203 080 0010.
Further details on contacting us can be found on our website:

Can Anyonw tell me what to do next, I have no experience with these things. Here’s a breakdown of my immigration history, I came to the uk as family member of an EEA national in 2010. EU family member permit granted 2011 which expired 2016. However due to family breakdown this was never renewed, I applied for FLR in 2019 after being granted a fee waiver and was granted FLR until 04/ 2019. After finding out about the EU settlement scheme, and being the sole carer of my 4 British children, first one being born may 2014, I decided to make the EU Settlement application last august 2021.I Provided all the relevant information and was issued a COA. I did not renew my FLR FM due to my pending EU application. I was relying on my COA. With this decision now, I am unsure what to do? What is the next step to take. SNOOKY LAGOSBOSS, anyone have any suggestions. I look forward your response.

Hahaha

HO will not seize to amaze. Anyway a decision is made and the courts are your last pillars.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

The quote above is contestable and cam be won.

Appeal to the FTT and don't forget to use judge Mostyn's order of arguments and reasoning in which HO have failed to apply even though the high court was in their favour.

Give a point in which the the HO adopted the lower courts decision when the supreme Court rejected the children nationalisation debate but HO chose the CoA's approach.

Good luck

[Wishfulgirl]

[quote=Wishfulgirl post_id=2081338 time=<a href="tel:1658409088">1658409088</a> user_id=251798]
Hello Everyone I have received a declined from the Eu settlement scheme today.


Dear
Application Reference Date
21 July 2022
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
<a href="tel:0300 123 7379">0300 123 7379</a> www.gov.uk/settled-status-eu-citizens-families
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your children Xxxxxxx, Xxxxxx, Xxxxxx and Xxxxxxx . Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens- families/eligibility.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen. There are three key elements which must be met:
1. you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2. that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub- paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3. you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.

Your application has been refused because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.

It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre- settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix. We enclose the following documents that were submitted in support of your application:
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Other supporting documents
Next steps

You can apply for an administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.

You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: www.visas- immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
• a solicitor. More information is available at www.gov.uk/find-a-legal- adviser
• an immigration adviser. More information is available at www.gov.uk/find-an-immigration-adviser;
• Citizens Advice. More information is available at: www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
• the time limit for appealing after you receive your administrative review decision has passed; or
• if you appeal following the administrative review decision, until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status.
Calling from inside the UK: <a href="tel:0300 123 7379">0300 123 7379</a>. Calling from outside the UK: <a href="tel:+44 203 080 0010">+44 203 080 0010</a>.
Further details on contacting us can be found on our website:

Can Anyonw tell me what to do next, I have no experience with these things. Here’s a breakdown of my immigration history, I came to the uk as family member of an EEA national in 2010. EU family member permit granted 2011 which expired 2016. However due to family breakdown this was never renewed, I applied for FLR in 2019 after being granted a fee waiver and was granted FLR until 04/ 2019. After finding out about the EU settlement scheme, and being the sole carer of my 4 British children, first one being born may 2014, I decided to make the EU Settlement application last august 2021.I Provided all the relevant information and was issued a COA. I did not renew my FLR FM due to my pending EU application. I was relying on my COA. With this decision now, I am unsure what to do? What is the next step to take. SNOOKY LAGOSBOSS, anyone have any suggestions. I look forward your response.

Hahaha

HO will not seize to amaze. Anyway a decision is made and the courts are your last pillars.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

The quote above is contestable and cam be won.

Appeal to the FTT and don't forget to use judge Mostyn's order of arguments and reasoning in which HO have failed to apply even though the high court was in their favour.

Give a point in which the the HO adopted the lower courts decision when the supreme Court rejected the children nationalisation debate but HO chose the CoA's approach.

Good luck
[/quote]

Thank you for your response Snooky. However, I have no experience regarding appeals and how they work or even how to draft one. Can you or anyone whom made an appeal point me in the right direction regarding where to start. Is there any draft I could possibly follow, I believe I’ve read a few people here had made appeals previously however I don’t even know how are where to start etc.. I would appreciate as much information as possible regarding how to do this please. Thanks

[Shara111]

I am on same boat as you're.
But I had applied already flr fp.

[sheeraz_wahid]

EUSS decision is pending.

Can we apply for an extension of FLR FP? If yes all original documents are with Caseworker, what we need to send ?


Thanks

[snooky]

[quote=Wishfulgirl post_id=2081338 time=<a href="tel:1658409088">1658409088</a> user_id=251798]
Hello Everyone I have received a declined from the Eu settlement scheme today.


Dear
Application Reference Date
21 July 2022
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
<a href="tel:0300 123 7379">0300 123 7379</a> www.gov.uk/settled-status-eu-citizens-families
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your children Xxxxxxx, Xxxxxx, Xxxxxx and Xxxxxxx . Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens- families/eligibility.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen. There are three key elements which must be met:
1. you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2. that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub- paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3. you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.

Your application has been refused because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.

It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre- settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix. We enclose the following documents that were submitted in support of your application:
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Other supporting documents
Next steps

You can apply for an administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.

You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: www.visas- immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
• a solicitor. More information is available at www.gov.uk/find-a-legal- adviser
• an immigration adviser. More information is available at www.gov.uk/find-an-immigration-adviser;
• Citizens Advice. More information is available at: www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
• the time limit for appealing after you receive your administrative review decision has passed; or
• if you appeal following the administrative review decision, until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status.
Calling from inside the UK: <a href="tel:0300 123 7379">0300 123 7379</a>. Calling from outside the UK: <a href="tel:+44 203 080 0010">+44 203 080 0010</a>.
Further details on contacting us can be found on our website:

Can Anyonw tell me what to do next, I have no experience with these things. Here’s a breakdown of my immigration history, I came to the uk as family member of an EEA national in 2010. EU family member permit granted 2011 which expired 2016. However due to family breakdown this was never renewed, I applied for FLR in 2019 after being granted a fee waiver and was granted FLR until 04/ 2019. After finding out about the EU settlement scheme, and being the sole carer of my 4 British children, first one being born may 2014, I decided to make the EU Settlement application last august 2021.I Provided all the relevant information and was issued a COA. I did not renew my FLR FM due to my pending EU application. I was relying on my COA. With this decision now, I am unsure what to do? What is the next step to take. SNOOKY LAGOSBOSS, anyone have any suggestions. I look forward your response.

Hahaha

HO will not seize to amaze. Anyway a decision is made and the courts are your last pillars.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

The quote above is contestable and cam be won.

Appeal to the FTT and don't forget to use judge Mostyn's order of arguments and reasoning in which HO have failed to apply even though the high court was in their favour.

Give a point in which the the HO adopted the lower courts decision when the supreme Court rejected the children nationalisation debate but HO chose the CoA's approach.

Good luck

Thank you for your response Snooky. However, I have no experience regarding appeals and how they work or even how to draft one. Can you or anyone whom made an appeal point me in the right direction regarding where to start. Is there any draft I could possibly follow, I believe I’ve read a few people here had made appeals previously however I don’t even know how are where to start etc.. I would appreciate as much information as possible regarding how to do this please. Thanks
[/quote]


Hello fam

We have a lot of content over here and directions.
You start from here

https://www.gov.uk/immigration-asylum-t ... hin-the-uk

[Wishfulgirl]

[quote=Wishfulgirl post_id=2081338 time=<a href="tel:1658409088">1658409088</a> user_id=251798]
Hello Everyone I have received a declined from the Eu settlement scheme today.


Dear
Application Reference Date
21 July 2022
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
<a href="tel:0300 123 7379">0300 123 7379</a> www.gov.uk/settled-status-eu-citizens-families
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has been refused, what you can do next and the help available from us.

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your children Xxxxxxx, Xxxxxx, Xxxxxx and Xxxxxxx . Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens- families/eligibility.
You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen. There are three key elements which must be met:
1. you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2. that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub- paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3. you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.

Your application has been refused because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.

It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 or for pre- settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.

We have also considered whether you meet any of the other eligibility requirements under Appendix EU, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of the other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix. We enclose the following documents that were submitted in support of your application:
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Birth certificate - Xxxxxxx
• Other supporting documents
Next steps

You can apply for an administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.

You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at: www.gov.uk/guidance/eu- settlement-scheme-apply-for-an-administrative-review.

The administrative review application form is available online at: www.visas- immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
• a solicitor. More information is available at www.gov.uk/find-a-legal- adviser
• an immigration adviser. More information is available at www.gov.uk/find-an-immigration-adviser;
• Citizens Advice. More information is available at: www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
• the time limit for appealing after you receive your administrative review decision has passed; or
• if you appeal following the administrative review decision, until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status.
Calling from inside the UK: <a href="tel:0300 123 7379">0300 123 7379</a>. Calling from outside the UK: <a href="tel:+44 203 080 0010">+44 203 080 0010</a>.
Further details on contacting us can be found on our website:

Can Anyonw tell me what to do next, I have no experience with these things. Here’s a breakdown of my immigration history, I came to the uk as family member of an EEA national in 2010. EU family member permit granted 2011 which expired 2016. However due to family breakdown this was never renewed, I applied for FLR in 2019 after being granted a fee waiver and was granted FLR until 04/ 2019. After finding out about the EU settlement scheme, and being the sole carer of my 4 British children, first one being born may 2014, I decided to make the EU Settlement application last august 2021.I Provided all the relevant information and was issued a COA. I did not renew my FLR FM due to my pending EU application. I was relying on my COA. With this decision now, I am unsure what to do? What is the next step to take. SNOOKY LAGOSBOSS, anyone have any suggestions. I look forward your response.

Hahaha

HO will not seize to amaze. Anyway a decision is made and the courts are your last pillars.

The reason for this is that, at the specified date set out above and at the date of application, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 10 October 2019 valid until 9 April 2022, under appendix FM of the Immigration Rules.

The quote above is contestable and cam be won.

Appeal to the FTT and don't forget to use judge Mostyn's order of arguments and reasoning in which HO have failed to apply even though the high court was in their favour.

Give a point in which the the HO adopted the lower courts decision when the supreme Court rejected the children nationalisation debate but HO chose the CoA's approach.

Good luck

Thank you for your response Snooky. However, I have no experience regarding appeals and how they work or even how to draft one. Can you or anyone whom made an appeal point me in the right direction regarding where to start. Is there any draft I could possibly follow, I believe I’ve read a few people here had made appeals previously however I don’t even know how are where to start etc.. I would appreciate as much information as possible regarding how to do this please. Thanks

Hello fam

We have a lot of content over here and directions.
You start from here

https://www.gov.uk/immigration-asylum-t ... hin-the-uk
[/quote]

Thank you for the reply SNOOKY. You’ve stated previously to give a point in which the HO have failed to apply even though the high court was in their favour.

Are you able to phrase this for me please, I’m just going on the previous post trying to gather the relevant information regarding how to make this appeal and I’d like to pop your suggestion in. This should be within the skeleton argument am I right? Can anyone suggest a draft copy of such template to use. SNOOKY , LULLABY, LAGOSBOSS Anybody whom previously made an appeal. It would be greatly appreciated. Also SNOOKY, Do you think it’s advisable I renew my FLR or should I await the appeal process? I look forward to your response. Thanks

[Wizzyjay]

So is the Home Office dealing with our applications at all? Because nothing seem to be going on as we speak. I applied for FLR in June 2020, nothing till now, even before I applied for the EUSS, I have got bereavement back home,I sent them all necessary documents but still no answer or correspondence from them for nearly a month now. Are they really working? Or they don’t care?

[Tina87]

So is the Home Office dealing with our applications at all? Because nothing seem to be going on as we speak. I applied for FLR in June 2020, nothing till now, even before I applied for the EUSS, I have got bereavement back home,I sent them all necessary documents but still no answer or correspondence from them for nearly a month now. Are they really working? Or they don’t care?

Do you mean 2022 or 2020?
Photos onthe website has disappeared again.lol

[Nyamebeye]

I wrote to them with my concerns below and see the generic response I received today.

My concerns

I have applied for Settled Status on 28th Feb 2022. I already hold pre-settled status expiring Feb 2025.
I have had my pre-settled status replaced with certificate of application on the digital status. This is causing enormous issue for me for my mortgage renewal.
Your website states that from April 2022, biometric residence card should not be accepted even if it has a later date of expiry.
So I have come from someone with confirmed pre-settled status to COA.

With the delays in making decisions, this is a bigger issue for people like me applying to upgrade status rather than applying for the first time.
My case is not Akinsanya case as you will have noticed from my application, previous letters and phone calls, so it should not be taking this long to process (5 months). Other people's decisions took less than 2 months.

May I kindly request for a decision to be made on my application as soon as possible to enable removal of the COA. Surely, COA at this stage is not valuable to me than a confirmed 5 year status. When I called the EU resolution centre, I was told the COA overrides my pre-settled status. This is practically not appropriate

I hope someone appreciates my worries on this matter.

The disruption to my family is huge. We have been living a peaceful life for at least the past two years until now.

I intend to raise this matter with my MP as my life and that of my family are being negatively impacted.

I look forward to hearing from you.

Many thanks

Their response

Thank you for your email enquiry dated 20 July 2022 regarding your submitted application.

We understand that having applied for status under the ‘Zambrano’ category via the paper application route, you would like an update on your application as you are in the process of renewing your mortgage.

You were sent a certificate of application (CoA) on 15 June 2022 which confirms receipt of your application for status under the EU Settlement Scheme (EUSS), we can also see the mortgage company will not accept your COA as proof of status.

Your case is currently under consideration. Please rest assured that the caseworker will assess all the evidence provided by yourself (in the form of various supporting documents) to help you obtain the status to which you are entitled.

Due to their complexity, applications made under the ‘Zambrano’ route are considered by our ‘Specialised Applications’ team and do not fall under the standard processing times. We would, therefore, appreciate your continued patience as the relevant team is allowed the necessary time to progress your application accordingly.

We have raised your application with the relevant department to try and have it expedited.

You will be notified if any additional information is required or when a decision is made. Please wait to hear from them and follow their instructions when prompted.

I hope they are working as the delays are rediculous.

[LULUBABY]

Oh my God they have replied me. I am shaking. I am scared to open the envelope and they also sent an email.

Oh my God