Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[IST]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

[snooky]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

[IST]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction

[snooky]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction

Home Office internal workings are not always published in full.

But I think the TERM sent back is within the process of grant and because reviewers cant finalise paperwork, it is always a good idea for them to give it back to case owners because they are the only people with access to your computerised data to make it work.

It is the same thing to the court procedures. After appeal is allowed, is sent back to caseworkers, then case owners and for them to mark it for post decision department for finalisation

[IST]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction

Home Office internal workings are not always published in full.

But I think the TERM sent back is within the process of grant and because reviewers cant finalise paperwork, it is always a good idea for them to give it back to case owners because they are the only people with access to your computerised data to make it work.

It is the same thing to the court procedures. After appeal is allowed, is sent back to caseworkers, then case owners and for them to mark it for post decision department for finalisation

Thank you Snooky

I will keep you updated once I hear from them,hopefully it won’t take to long time for HO to make a decision.

[Sebel]

@bjoflondon

Administrative Review

Edit to your case

Dear Sir/Madam,

I have made an immigration application under the EU Settlement Scheme as someone with a Derivative Right of Residence - Zambrano . This application was logged in (date) and received by the Permanent Migration Team responsible for the warfare of EEA family members on (date)

My application was refused on (date). The exact reason of refusal is as follows;

"Insert reason of refusal "

I would like to appeal for the Administrative review because your reason to refuse was not in accordance with EEA regulations and the best interest of the child was not carefully considered

The following are my Reason

1. Article 20 of TFEU

to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

2. Regulations 2016

16(1), 16(5), {16(6), that is if there is dependant}
16(6B), 16(7) and 16(7A)

Section 115 of the Immigration and Asylum Act affects people who are not nationals of an EEA state who: require leave to enter or remain but do not have it.

3.UNCRC Article 3

4 core principles of the Convention on the Rights of the Child?
The four core principles of the Convention are: Non-discrimination (article 2): All children have rights, regardless of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

4.Section 55

of the Borders, Citizenship and Immigration Act 2009 requires the Home Office to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. ... key principles to take into account in all immigration activities.

5. Zambrano Case C34/9

6. Patel vs SSHD Supreme Court Ruling
16 December 2019

7. Senneh vs SSHD

8.H/O failure to ask for further documentation as enshrined in the case worker's guidance

9. Article 7 of the charter

10. KA v Belgium (Case C-82/16) [2018] 3 CMLR 28

11. On 30 January 2020 and having heard a number of test cases, Judge Neville of the First-tier Tribunal (IAC) at Taylor House ruled that a person meeting the requirements Regulation 16 of the Immigration (European Economic Area) Regulations 2016

12. The term ‘person subject to immigration control’ (PSIC) is defined in s.13(2) of the Asylum and Immigration Act 1996 as a person who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

As my refusal centres on Leave to REMAIN(2.5) under domestic immigration law, technically it has never be enshrined in EU law that one needs to be disqualified if he/she is a PSIC. I am not an exempt person under the regulation and Home Office guidance to that effect makes it ambiguous and at 《(page 42 of the old Patel vs SSHD, Irwin LJ considered SSHD's submission which emphasised that an appellant in Patel had never made application for Leave to REMAIN in the UK on family life grounds. The courts response was unequivocal). {If refusal is you haven't made a domestic immigration application}》

As my refusal was based on Leave to Remain under appendix fm, it contradicts sec 13(2) PSIC while in regulation 16(7) never incorporated that. It is at odd to immigration laws and ambiguous.


I attached herewith further documentation for your perusal.

Yours faithful


ABC Visa

@snooky hope you are doing great.sorry for my long silent its just because, I had some difficult time.
Please I am still working on the drf1 form .
I got some confusing issue.
-i wish to ask if I should first of all send the drf1 form before reapplying for the EU settlement scheme since my ltr visa is expering in feb2021 (about 6months time) or
- I should send both of them same time? Reasons because, I might not have my documents to send at same time.
Thanks so much for you are always there to help some of us.

[snooky]

@Sebel

Just do the EEA Drf1 first as within the EEA application there isnt any such law to stop you.

As explained, PSIC sec 13(2) 1996 immigration act makes you someone without leave. So this could be challenged as it is at odds with reg 16(7)

But as it stands, with the settlement scheme the HO will still refused it. This time you could have an appeal to the courts.

The thing is HO could delay your application for Drf1 as we almost less then half of it duration.

So consider its pros and cons.

[IST]

@Sebel

Just do the EEA Drf1 first as within the EEA application there isnt any such law to stop you.

As explained, PSIC sec 13(2) 1996 immigration act makes you someone without leave. So this could be challenged as it is at odds with reg 16(7)

But as it stands, with the settlement scheme the HO will still refused it. This time you could have an appeal to the courts.

The thing is HO could delay your application for Drf1 as we almost less then half of it duration.

So consider its pros and cons.

Hi Snooky

Even my DRF1 was send to HO begging of March 2020 £65 taken from my account week after and since then I haven’t heard any thing no biometric no COA nothing at all. As you mention do you think they are delaying?

Many Thanks

[snooky]

@Sebel

Just do the EEA Drf1 first as within the EEA application there isnt any such law to stop you.

As explained, PSIC sec 13(2) 1996 immigration act makes you someone without leave. So this could be challenged as it is at odds with reg 16(7)

But as it stands, with the settlement scheme the HO will still refused it. This time you could have an appeal to the courts.

The thing is HO could delay your application for Drf1 as we almost less then half of it duration.

So consider its pros and cons.

Hi Snooky

Even my DRF1 was send to HO begging of March 2020 £65 taken from my account week after and since then I haven’t heard any thing no biometric no COA nothing at all. As you mention do you think they are delaying?

Many Thanks

I understand. We all should acknowledge the covid19 has caused a lot of slowness in the system.

With your EEA application, HO is under duty to make a decision within 6 months.

For your COA, you can write to them saying that

During the decision-making time, a certificate of application, according to EU law, “shall be issued immediately” (Article 10 of Directive 2004/38).

If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

This from HO

You will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

Contact the EEA permanent Migration team and say to them that your COA should be issued immediately as failure to do infringes eu law.

COA issuance under the regulations shouldn't be subject to biometric registration. The caveat there can be override as it isnt eu law and covid19 has change the way we do things

[IST]

@Sebel

Just do the EEA Drf1 first as within the EEA application there isnt any such law to stop you.

As explained, PSIC sec 13(2) 1996 immigration act makes you someone without leave. So this could be challenged as it is at odds with reg 16(7)

But as it stands, with the settlement scheme the HO will still refused it. This time you could have an appeal to the courts.

The thing is HO could delay your application for Drf1 as we almost less then half of it duration.

So consider its pros and cons.

Hi Snooky

Even my DRF1 was send to HO begging of March 2020 £65 taken from my account week after and since then I haven’t heard any thing no biometric no COA nothing at all. As you mention do you think they are delaying?

Many Thanks

I understand. We all should acknowledge the covid19 has caused a lot of slowness in the system.

With your EEA application, HO is under duty to make a decision within 6 months.

For your COA, you can write to them saying that

During the decision-making time, a certificate of application, according to EU law, “shall be issued immediately” (Article 10 of Directive 2004/38).

If it takes up to eight weeks after the submission of an application to be able to chase the Home Office for a certificate of application, this does not seem to be in compliance with the clear wording of the Directive which requires “immediate” issuance following an application, or that of Regulation 17(3) of the Immigration (EEA) Regulations which also states that the certificate of application shall be issued immediately.

This from HO

You will receive your certificate of application shortly after successful enrolment of your biometric information. If you enrolled your biometric information less than 21 days ago, please do not contact us regarding your certificate of application.

Contact the EEA permanent Migration team and say to them that your COA should be issued immediately as failure to do infringes eu law.

COA issuance under the regulations shouldn't be subject to biometric registration. The caveat there can be override as it isnt eu law and covid19 has change the way we do things

Thank you Snooky

[Sebel]

@snooky, I read somewhere on this our thread that,the drf1 is to be send by email, I don't know if I understood it or not. And if yes, what is the email, are we going to scan our documents and attach and send aswell? Thanks

[LULUBABY]

My 2.5ltr has expired today Sunday, the waiting continues.

[snooky]

@snooky, I read somewhere on this our thread that,the drf1 is to be send by email, I don't know if I understood it or not. And if yes, what is the email, are we going to scan our documents and attach and send aswell? Thanks

You and No

Home Office is accepting most court cases, their documentations to support application and other stuff through email.

T

[snooky]

My 2.5ltr has expired today Sunday, the waiting continues.

Hallelujah Time.

Soon come and all your sorrows will turn to joy

[LULUBABY]

My 2.5ltr has expired today Sunday, the waiting continues.

Hallelujah Time.

Soon come and all your sorrows will turn to joy

Thanks Snooky. I hope and pray so.

[Prettymum]

My 2.5ltr has expired today Sunday, the waiting continues.

Hallelujah Time.

Soon come and all your sorrows will turn to joy

Thanks Snooky. I hope and pray so.

Lulubaby, don't worry everything will be OK. If they would refuse the HO won't ask for additional documents.

[snooky]

Attention Attention Attention

Priti Patel scraps freedom of movement in new immigration rules

The new rules will replace 2004 EU legislation from 1 January 2021.

Yesterday the 14 July 2020 is a day for all people to remember and mourn. The old British diabolical conceive idea.

Divided we rule and conquer but unity is strength for the populace.

This means Zambrano is dead after 31 December 2020 if you haven't already either applied for one or in a during this transition period

5 months left for EEA application

[askme234]

@ Snooky,

Would you suggest i re-apply for the EU settlement scheme again now or wait for the decision for the DFR1?

Would DFR1 still be valid after 31 Dec 2020?

[jossywilliams]

Attention Attention Attention

Priti Patel scraps freedom of movement in new immigration rules

The new rules will replace 2004 EU legislation from 1 January 2021.

Yesterday the 14 July 2020 is a day for all people to remember and mourn. The old British diabolical conceive idea.

Divided we rule and conquer but unity is strength for the populace.

This means Zambrano is dead after 31 December 2020 if you haven't already either applied for one or in a during this transition period

5 months left for EEA application

hey snooky... please xould you explain more about this please...

[snooky]

@ Snooky,

Would you suggest i re-apply for the EU settlement scheme again now or wait for the decision for the DFR1?

Would DFR1 still be valid after 31 Dec 2020?

Wait for the outcome of your DRf1 decision because as we know since 2 May 2019 that HO add Zambrano to the EU settlement scheme, and they introduced their killer guidance because of 2017 Patel vs SSHD ruling, all Zambrano are refused and only the Courts Grant them.

HOs ploy is to let Courts decide who is Zambrano Derivative Holder. That's why they dont challenge courts decision on Zambrano and also dont go to court for to defend their decision to refuse.

Your settlement scheme success depends on your Drf1. Once you are granted under EEA Zambrano then you will be covered by the Appendix EU of the immigration under the settlement scheme of the Withdrawal Agreement.

[snooky]

Attention Attention Attention

Priti Patel scraps freedom of movement in new immigration rules

The new rules will replace 2004 EU legislation from 1 January 2021.

Yesterday the 14 July 2020 is a day for all people to remember and mourn. The old British diabolical conceive idea.

Divided we rule and conquer but unity is strength for the populace.

This means Zambrano is dead after 31 December 2020 if you haven't already either applied for one or in a during this transition period

5 months left for EEA application

hey snooky... please xould you explain more about this please...

This means, anyone who had failed to apply or made an application under Zambrano EEA and Zambrano EUSS DR before 11 : 59, 31 December 2020 can never apply to become or considered under both policies.

But if by that time that you have applied for both or for Derivative Zambrano then your case will be looked into untill refused, going to court, or granted.

If granted under EEA Zambrano then you only have up to 2025 to use your EU Freedom of Rights and Movement but you also have to make sure that before 30 June 2021, your application for eu settlement scheme Appendix EU is received by the HO else you will be technically BE TURNED TO AN ILLEGAL IMMIGRANT.

If by 31 December 2020 and HO hasnt received your application for Zambrano EEA am afraid you cant be part of it and it is over.

So these laws which were accepted on the 14 July 2020 by the British parliament put stop on the 2004 EU Regulations which were adopted.

Meaning HO, the Courts and any government organisation and everyone would not consider eu eea laws again.

This is when SETTLED STATUS now becomes EFFECTIVE and both Government Agencies and the Private Sector will be Required to demand Settled Status BRC cards as evidence of Leave to REMAIN, Right to Reside under Appendix FM, Right to Work, Right to Housing, Right to Benefits, Right to NHS, Right to Education(anyone above 18 years of age) and Right to Enter and Leave the UK.

From the 1 January 2021, these are going to be enforced by the authorities because is now the law and all of us will be submitting to Domestic UK immigration Act

[snooky]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction

Not really that it may go on a different direction. All is Levels of Authority to do things.

The Case Reviewer in his/her review will mark on your administrative review fill that appeal allowed. It is up to the Caseworker to challenge the that internally.

Remember that caseworkers can be prosecuted that's why HO is always in court for all the reasons they shouldn't have.

The administrative review help HO to safe cost and bad press.

But remember that it is a legal structure and uses all the forms of FTT procedures. That is why if you think administrative review is also wrong you can go future by putting in JR then to finally to an independent competent judge.

The thing is JR is so expensive and courts are extra burden to your pocket so people give in

[IST]

Hi Snooky

I need your advice please. As AR withdrawn the initial decision and referred back to the initial caseworker team for reconsideration .
What this will mean will they reconsider the case from beginning again or just correct the error and grant leave?

Thanks in advance

Ist

When it comes to HO grammar, it is really complicated and manipulative.

As you proved them wrong and they have admitted erring in the initial decision I really find it weird why the AR reviewer could not issue you with Leave under the scheme.

But what I know about HO, caseworkers dont issue Leave. Case owners do. Case Owners are the managers and the caseworkers would have to direct their decisions to grant leave to them for further consideration.

I think this is what is happening. But all the same it is a positive story or a good news to you as the case owner will consider the recommendation of the review assessors.

Is all about time.

Snooky

I do appreciate your reply

I do find it weird also as on the AR guidance it states if you withdraw decision and grant leave.
I am confused why the AR caseworker didn’t make that decision but to send it back to initial caseworker. So decision it my go different direction

Not really that it may go on a different direction. All is Levels of Authority to do things.

The Case Reviewer in his/her review will mark on your administrative review fill that appeal allowed. It is up to the Caseworker to challenge the that internally.

Remember that caseworkers can be prosecuted that's why HO is always in court for all the reasons they shouldn't have.

The administrative review help HO to safe cost and bad press.

But remember that it is a legal structure and uses all the forms of FTT procedures. That is why if you think administrative review is also wrong you can go future by putting in JR then to finally to an independent competent judge.

The thing is JR is so expensive and courts are extra burden to your pocket so people give in

Hi Snooky

Thank you, will it take long for the original caseworker team to make a new decision? As I thought they already must have done the checks.

[jossywilliams]

Attention Attention Attention

Priti Patel scraps freedom of movement in new immigration rules

The new rules will replace 2004 EU legislation from 1 January 2021.

Yesterday the 14 July 2020 is a day for all people to remember and mourn. The old British diabolical conceive idea.

Divided we rule and conquer but unity is strength for the populace.

This means Zambrano is dead after 31 December 2020 if you haven't already either applied for one or in a during this transition period

5 months left for EEA application

hey snooky... please xould you explain more about this please...

This means, anyone who had failed to apply or made an application under Zambrano EEA and Zambrano EU Settlement Scheme DR before 11 : 59, 31 December 2020 can never apply to become or considered under both policies.

But if by that time that you have applied for both or for Derivative Zambrano then your case will be looked into untill refused, going to court, or granted.

If granted under EEA Zambrano then you only have up to 2025 to use your EU Freedom of Rights and Movement but you also have to make sure that before 30 June 2021, your application for eu settlement scheme Appendix EU is received by the HO else you will be technically BE TURNED TO AN ILLEGAL IMMIGRANT.

If by 31 December 2020 and HO hasnt received your application for Zambrano EEA am afraid you cant be part of it and it is over.

So these laws which were accepted on the 14 July 2020 by the British parliament put stop on the 2004 EU Regulations which were adopted.

Meaning HO, the Courts and any government organisation and everyone would not consider eu eea laws again.

This is when SETTLED STATUS now becomes EFFECTIVE and both Government Agencies and the Private Sector will be Required to demand Settled Status BRC cards as evidence of Leave to REMAIN, Right to Reside under Appendix FM, Right to Work, Right to Housing, Right to Benefits, Right to NHS, Right to Education(anyone above 18 years of age) and Right to Enter and Leave the UK.

From the 1 January 2021, these are going to be enforced by the authorities because is now the law and all of us will be submitting to Domestic UK immigration Act

Thank you very Snooky... it amazes me how you know so much lol

[Fustrated2019]

Following @snooky’s advice, I have just sent my DFR1 application while my EU Settlement Scheme application is still pending since Feb .