Zambrano Settled Status EU settlement scheme Paper Application Form

[LULUBABY]

Snooky, it is written on Home Office website that to apply for a derivative card you must not have a leave to remain.

[Prettymum]

Hi All

I have follow this forum for long time and i thought I share my experience

Timeline

Applied to the EU Settlement Scheme paper application on 29/08/19


Certificate of application 21/09/19
I currently hold a derivative residents card expires on 04/12/20
I don't have a limited leave to remain in any immigration law

It's been 7 months and no decision has been made

Why is my application is taking too long . I know some of you have been refused because you have LTR. But on my case i don't have LTR.

Thank you

Hi

You shouldn't get worried about any negative impact on your right of protection under the EU Settlement Scheme

As you have held Zambrano Derivative before, this means home Office have assessed you already and when the time comes for decision you would be granted under Annex 1, condition 3 rule 13 - 14 of appendix EU.

This means Settled Status under 5 years continuous leave on Derivative right to Reside.

Most of us here have done our 5 years already and some have again gone for another 5 years Zambrano derivative because when ours expired there was no Settlement scheme for Zambrano Right to Reside

Why it has delayed is that home Office don't give a toss about us because Zambrano Right is not their priority. But still will grant as most who have had Zambrano before either given presettled or settled status.

They wrote to me say all cases would be dealt with by 17 April 2020. Let hope no coronavirus flood their office so that they could meet their deadline

When I was refused Zambrano renewal in early 2019, I took them to court for it to be reinstated. My renewal was 16 February 2019 and refused in 10 June 2019 with old Patel vs SSHD. I challenged the error made in my decision and on 31 October 2019 my appeal was allowed because the old Patel case is very ambiguous.

I have then put in Zambrano Dr EU Settlement Scheme on 15 June 2019 and still waiting even though I have done first 5 years Zambrano and still having live Zambrano for another 5 years

Be calm and your settled status would be with you soon.

The only way to get it quick is to show to the home Office that there is a BEREAVEMENT in your family and by submitting the death certificate within days decision is made

Hi Snooky,

Am getting scared ooo because I don't have any card be it LTR or Derivatives Card.

[snooky]

Hi All

I have follow this forum for long time and i thought I share my experience

Timeline

Applied to the EU Settlement Scheme paper application on 29/08/19
Certificate of application 21/09/19
I currently hold a derivative residents card expires on 04/12/20
I don't have a limited leave to remain in any immigration law

It's been 7 months and no decision has been made

Why is my application is taking too long . I know some of you have been refused because you have LTR. But on my case i don't have LTR.

Thank you

Hi

You shouldn't get worried about any negative impact on your right of protection under the EU Settlement Scheme

As you have held Zambrano Derivative before, this means home Office have assessed you already and when the time comes for decision you would be granted under Annex 1, condition 3 rule 13 - 14 of appendix EU.

This means Settled Status under 5 years continuous leave on Derivative right to Reside.

Most of us here have done our 5 years already and some have again gone for another 5 years Zambrano derivative because when ours expired there was no Settlement scheme for Zambrano Right to Reside

Why it has delayed is that home Office don't give a toss about us because Zambrano Right is not their priority. But still will grant as most who have had Zambrano before either given presettled or settled status.

They wrote to me say all cases would be dealt with by 17 April 2020. Let hope no coronavirus flood their office so that they could meet their deadline

When I was refused Zambrano renewal in early 2019, I took them to court for it to be reinstated. My renewal was 16 February 2019 and refused in 10 June 2019 with old Patel vs SSHD. I challenged the error made in my decision and on 31 October 2019 my appeal was allowed because the old Patel case is very ambiguous.

I have then put in Zambrano Dr EU Settlement Scheme on 15 June 2019 and still waiting even though I have done first 5 years Zambrano and still having live Zambrano for another 5 years

Be calm and your settled status would be with you soon.

The only way to get it quick is to show to the home Office that there is a BEREAVEMENT in your family and by submitting the death certificate within days decision is made

Hi snooky

Thanks for reply

A little bit more information. I live with my 2 kids 2 and 5 year old and also with my British partner as family.
Do you think home office may refuse because my partner can look after the kids. Although he is working full time

When i applied for my DRC back in 2015 they refused because my partner can look after kids but i challenge them in court and i win. Do you think they may do the same

Much appreciated

Don't work yourself out. Though home Office can pull tricks and surprises.

You are already a Zambrano assessed derivative holder and your 5 years of continuous right to reside has been fulfil. The rule in Annex 1 says in appendix EU is to show 6 months of being here in every single year for the 5 years and since accruing the 5 years requirements, there has not been serious criminal activity and you haven't left the country for more than 5 years.

The knew Patel vs SSHD supreme court ruling has even made it more easier for you. The ruling affirms your decision at the courts when you appealed and was allowed.

Your husband though British but working means the child's DEPENDENCY depends on you and for that matter you take the day to day primary responsibility. This reflects the recent case of supreme court ruling.

Once you've not got LEAVE TO REMAIN under appendix fm before makes it easy to win your case.

You still Zambrano holder because you have had it before. Don't get scared. You going to get permanent residence which HO call it settled status because you have done 5 years

Relax

[snooky]

Snooky, it is written on Home Office website that to apply for a derivative card you must not have a leave to remain.

Lulubaby

Yes it is written in the guidance. Remember guidance are home Office way to put impediments. We should worried not be about home Office guidance. All guidances are illegal and do not reflect the status of law or act of parliament.

With the eea regulations, Leave to REMAIN was defined as people who are exempt from immigration control. Right to reside 2016, regulation 16(6B) 7 - 7A are all defined as people who hold

1. British passport 2. Right of abode 3. ILR and those not under immigration control.

Home Office under EUSS has added those under immigration control to its appendix eu immigration which doesn't reflect their promise to secure people.

They are discouraging people to switch Leave between EU and Domestic immigration. Once the laws do not say that you cannot switch then home Office is in the wrong and we have to go to court.

Immigration is a choice and you decide whichever one that you want as far as it would not make you illegal migrant.

So the courts would determine. The home Office under Senneh vs SSHD and Patel vs SSHD has already lost the argument that to have Zambrano Derivative is to be the last result and people should have made domestic applications first. The courts say it is not part of the Zambrano ruling, article 20 of TFEU, and the right to reside test.

[snooky]

@all

This is what the Home Office want

Panick, panicking and fear as we are seeing on this board. This situation creates chaos and disallow us to think and get things straight to fight them

Stay cool and think beyond the box and success will be waiting

[Abbey025]

I got refusal as well , base on having ltr that will expire next year December.
Given 28 days for administrative review. So so sad after a long wait, 10 months wait.. anyways good luck to u guys still waiting for outcome.. it shall all come in your favour s.

[Darasimidd]

I think what they are doing is refusing everyone that has more than 28days leave to remain. For someone like me waiting for leave to remain decision. I will definitely go to court if home office refuse my application because I have nothing to lose either way.

[apollo_alpha]

For those that have received refusals and were not granted a right of appeal. I would recommend you ringing them up to query that.

[Darasimidd]

So sorry for everyone that was refused, it's sad to receive such response after waiting for so long.
I

[snooky]

I got refusal as well , base on having ltr that will expire next year December.
Given 28 days for administrative review. So so sad after a long wait, 10 months wait.. anyways good luck to u guys still waiting for outcome.. it shall all come in your favour s.

Sorry
Sad one too. Home Office refusing all people with long term leave to REMAIN under appendix fm. Shame

[snooky]

I think what they are doing is refusing everyone that has more than 28days leave to remain. For someone like me waiting for leave to remain decision. I will definitely go to court if home office refuse my application because I have nothing to lose either way.

You're right. I have written about this before.

Because their new guidance on Zambrano says, if applicant has less than 28 days left they shouldn't be refusing because refusing will compel the union minor to leave the member states ( compulsion)

The plan is to refuse all who have more than 28 days under appendix fm leave to REMAIN 2.5 years.

By so doing few will get through the administrative review

[snooky]

For those that have received refusals and were not granted a right of appeal. I would recommend you ringing them up to query that.

People should take class action against the Home Office. Ringing the help wont sort the problem. Wall of silence by the home Office

[apollo_alpha]

@ Snooky

I know this is a big ask. But in solidarity with our brothers and sisters on this forum, can you and other knowledgeable folks on this thread help out in crafting a response for those that need to apply for the administrative review?

A template will be more than sufficient as long as it has the necessary case laws within it.

[Darasimidd]

I think what they are doing is refusing everyone that has more than 28days leave to remain. For someone like me waiting for leave to remain decision. I will definitely go to court if home office refuse my application because I have nothing to lose either way.

You're right. I have written about this before.

Because their new guidance on Zambrano says, if applicant has less than 28 days left they shouldn't be refusing because refusing will compel the union minor to leave the member states ( compulsion)

The plan is to refuse all who have more than 28 days under appendix fm leave to REMAIN 2.5 years.

By so doing few will get through the administrative review

Home office dont want to lose the money they are making off people' application and NHS fee, they are also planning to increase NHS fee by October.
https://www.freemovement.org.uk/immigra ... ober-2020/

[apollo_alpha]

For those that have received refusals and were not granted a right of appeal. I would recommend you ringing them up to query that.

People should take class action against the Home Office. Ringing the help wont sort the problem. Wall of silence by the home Office

The reason i'm suggesting ringing the HO is so we know why they have not granted the right of appeal.

Is it because they applied before 31 January 2020 or because they have an existing leave to remain? Knowing the actual reason will help folks know what step to take next.

There might be the possibility or re-applying if a subsequent refusal will lead to a right of appeal. The only other route to an independent judge will be for people to apply for a judicial review but we know that's very technical, long and expensive. So i suggest people finding out the reason for no right of appeal first before taking the next steps.

[snooky]

Hi All

I have follow this forum for long time and i thought I share my experience

Timeline

Applied to the EU Settlement Scheme paper application on 29/08/19


Certificate of application 21/09/19
I currently hold a derivative residents card expires on 04/12/20
I don't have a limited leave to remain in any immigration law

It's been 7 months and no decision has been made

Why is my application is taking too long . I know some of you have been refused because you have LTR. But on my case i don't have LTR.

Thank you

Hi

You shouldn't get worried about any negative impact on your right of protection under the EU Settlement Scheme

As you have held Zambrano Derivative before, this means home Office have assessed you already and when the time comes for decision you would be granted under Annex 1, condition 3 rule 13 - 14 of appendix EU.

This means Settled Status under 5 years continuous leave on Derivative right to Reside.

Most of us here have done our 5 years already and some have again gone for another 5 years Zambrano derivative because when ours expired there was no Settlement scheme for Zambrano Right to Reside

Why it has delayed is that home Office don't give a toss about us because Zambrano Right is not their priority. But still will grant as most who have had Zambrano before either given presettled or settled status.

They wrote to me say all cases would be dealt with by 17 April 2020. Let hope no coronavirus flood their office so that they could meet their deadline

When I was refused Zambrano renewal in early 2019, I took them to court for it to be reinstated. My renewal was 16 February 2019 and refused in 10 June 2019 with old Patel vs SSHD. I challenged the error made in my decision and on 31 October 2019 my appeal was allowed because the old Patel case is very ambiguous.

I have then put in Zambrano Dr EU Settlement Scheme on 15 June 2019 and still waiting even though I have done first 5 years Zambrano and still having live Zambrano for another 5 years

Be calm and your settled status would be with you soon.

The only way to get it quick is to show to the home Office that there is a BEREAVEMENT in your family and by submitting the death certificate within days decision is made

Hi Snooky,

Am getting scared ooo because I don't have any card be it LTR or Derivatives Card.

Don't get scared

[snooky]

I think what they are doing is refusing everyone that has more than 28days leave to remain. For someone like me waiting for leave to remain decision. I will definitely go to court if home office refuse my application because I have nothing to lose either way.

You're right. I have written about this before.

Because their new guidance on Zambrano says, if applicant has less than 28 days left they shouldn't be refusing because refusing will compel the union minor to leave the member states ( compulsion)

The plan is to refuse all who have more than 28 days under appendix fm leave to REMAIN 2.5 years.

By so doing few will get through the administrative review

Home office dont want to lose the money they are making off people' application and NHS fee, they are also planning to increase NHS fee by October.
https://www.freemovement.org.uk/immigra ... ober-2020/

Home Office Plc
UKVIS limited company

More refusals more money

Am helping someone from Jamaica now and his IHS is £1000 under appendix fm partner's route renewal 10 years route

[Darasimidd]

My solicitor just rang me that I've been granted leave to remain extension. EU settlement most have purposely fasten my leave to remain so they can refuse me eu settlement . I did my biometric 14th of February and leave to remain granted 12th of March

[Fustrated2019]

Sorry to all those that have been refused . I am expecting my own refusal any day now as I have leave to remain 2,5 years after a failed asylum claim and I applied in February. We must try and challenge them in the little way that we can

[Tinumo]

@darasimid please how long did your renewal take like timeline ?
Do you think you were quickly sorted out because of your EU application pending ?
Do you know anyone who has applied for extension and how long did it take ?
I am due for extension too in july and I was thinking of going for a premium service 24hrs- week but my lawyer was saying it doesn’t take that long but I do not trust home office not now or ever I don’t want them holding my passport and brp for over 6months as I have valid visa of other countries on my passport and I want to go away for summer

[snooky]

@darasimid please how long did your renewal take like timeline ?
Do you think you were quickly sorted out because of your EU application pending ?
Do you know anyone who has applied for extension and how long did it take ?
I am due for extension too in july and I was thinking of going for a premium service 24hrs- week but my lawyer was saying it doesn’t take that long but I do not trust home office not now or ever I don’t want them holding my passport and brp for over 6months as I have valid visa of other countries on my passport and I want to go away for summer

Hi

Home Office nowadays don't hold on your documents. They will ask you to upload it yourself online after your submission or use their third party agents for a fee

[Darasimidd]

Hi snooky
When I did my biometric on 14th of February, I lady gave me a slip of missing document (letter from school and gp) and address to send it to before 28th February which I did and my leave was stamped for 12th of March (solicitor told me yesterday evening). By the way, thank you snooky and all admin for your support to everyone.

[Darasimidd]

@darasimid please how long did your renewal take like timeline ?
Do you think you were quickly sorted out because of your EU application pending ?
Do you know anyone who has applied for extension and how long did it take ?
I am due for extension too in july and I was thinking of going for a premium service 24hrs- week but my lawyer was saying it doesn’t take that long but I do not trust home office not now or ever I don’t want them holding my passport and brp for over 6months as I have valid visa of other countries on my passport and I want to go away for summer

My aunt husband applied in October and got a decision in January. A friend also got a decision with 3 months after submitting application. Mine was quick because housing benefits ask of proof of ID extension (I sent the letter to home office), then I think might be because of my eu settlement application too.
I think you should also do the administrative review too. All the best

[Louis1985]

Hello Guys

I am new to this forum and I have been following this thread for while and is very helpful.

I have made an EU Settlement Scheme application 30 October 2019
Biometric finger print taken 13 November 2019
COA received 6 December 2019
I have spoke to EU resolution centre and I was told the decision has been made and supporting documents send by post

They have refused my application as same as everyone on this forum because I am holding LTR under domestic rules.

[Tinumo]

Sorry.
Welcome to the party bro...
We are patiently waiting to see what they are going to do to those whose leave expired in the process..
@ dara thanks for your reply within 3 months is not bad at all although this is going to be my first extension.

So
Fingers crossed.