Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[HOPE77]

Pls @Mis-Suz
@Nyamebeye
@Lagosbos
@spooky and everyone that had made an appeal, kindly guide me on how to go about the appeal as I do not know what to write or how to put up an appeal pls.

[HOPE77]

Sorry for the error @Snooky

[Darasimidd]

FAMILY!!!!!!!
I have a good news oooooohhhhh !!!!
I have been granted SETTLED STATUS!!
I am shaking right now!

Amazing Glory to God

Great news , Congratulations to you

Glory to God Thank you

[Darasimidd]

Although my application is still pending but I hold a LTR that is due to expire. How do one go about the appeal please? I pray that home office will grant me too settled status in jesus name. Just don't know what to expect to be honest

[Nyamebeye]

@HOPE77
If you go back a few pages from here, some one recently kindly put the page numbers that have sample of the skeleton argument for appeal that Snooky, Lagosboy and others kindly posted there.
There are definitely some guidance and advice on this forum that you can taylor to your particular case.
Don't panic if people don't respond straight away to requests. They might be busy. There are lots of love, care, help and compassion here. You are not alone.

You will get through this. Amen

[HOPE77]

@HOPE77
If you go back a few pages from here, some one recently kindly put the page numbers that have sample of the skeleton argument for appeal that Snooky, Lagosboy and others kindly posted there.
There are definitely some guidance and advice on this forum that you can taylor to your particular case.
Don't panic if people don't respond straight away to requests. They might be busy. There are lots of love, care, help and compassion here. You are not alone.

You will get through this. Amen

Many thanks Sis. God bless you. P

[forney-again]

Admin Review
You may want to apply for Admin Review. It shows your judge that you gave the Home Office every opportunity to fix their mistakes. Also, if Akinsaya wins again, the Home Office can approve your Admin Review and send you your documents faster.

June 2022 Announcement
The Home Office said two things. One, that they would not rely on the EEA Regulations. They then relied on those same regulations in their July 2022 refusals. Two, the Home Office writes that the Court of Appeal said that Zambrano carers can not have leave to remain under Appendix FM and still be Zambrano carers. That is 100% false. The Court of Appeal said that for those individuals they consider to be Zambrano carers, they can hold leave to remain under Appendix FM at the same time as their Zambrano status.


Court of Appeal versus Mostyn J
You should know that the Court of Appeal rejected many of Mostyn J's arguments. I personally agree with what Mostyn J explained, but the higher court nonetheless refused some of them. Therefore, you should be careful about what arguments you rely on with regard to Mostyn J. Try to use the Court of Appeal's ruling first.

References
Ensure you provide your judge with a list of references. That would include Mostyn J's decision, Underhill LJ's decision, the June 2022 Announcement by the Home Office, and your refusal letter, at the least.

3 Definitions of a Zambrano carer
Understand there are three definitions at play. The Home Office wants to define eligible people as those who did not hold leave to remain under Appendix FM on 31 December 2020. The Court of Appeal says people who were Zambrano carers before they got leave to remain under Appendix FM, are eligible. A third group says even if you got leave to remain under Appendix FM, you should still be considered a Zambrano carer.


Here is a link to the June 2022 Announcement

https://www.gov.uk/government/publicati ... ary-carers

However, the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.

The Announcement is clearly wrong. You should send a copy to the First Tier Tribunal, as well as the Court of Appeal's decision.

[HOPE77]

Admin Review
You may want to apply for Admin Review. It shows your judge that you gave the Home Office every opportunity to fix their mistakes. Also, if Akinsaya wins again, the Home Office can approve your Admin Review and send you your documents faster.

June 2022 Announcement
The Home Office said two things. One, that they would not rely on the EEA Regulations. They then relied on those same regulations in their July 2022 refusals. Two, the Home Office writes that the Court of Appeal said that Zambrano carers can not have leave to remain under Appendix FM and still be Zambrano carers. That is 100% false. The Court of Appeal said that for those individuals they consider to be Zambrano carers, they can hold leave to remain under Appendix FM at the same time as their Zambrano status.


Court of Appeal versus Mostyn J
You should know that the Court of Appeal rejected many of Mostyn J's arguments. I personally agree with what Mostyn J explained, but the higher court nonetheless refused some of them. Therefore, you should be careful about what arguments you rely on with regard to Mostyn J. Try to use the Court of Appeal's ruling first.

References
Ensure you provide your judge with a list of references. That would include Mostyn J's decision, Underhill LJ's decision, the June 2022 Announcement by the Home Office, and your refusal letter, at the least.

3 Definitions of a Zambrano carer
Understand there are three definitions at play. The Home Office wants to define eligible people as those who did not hold leave to remain under Appendix FM on 31 December 2020. The Court of Appeal says people who were Zambrano carers before they got leave to remain under Appendix FM, are eligible. A third group says even if you got leave to remain under Appendix FM, you should still be considered a Zambrano carer.


Here is a link to the June 2022 Announcement

https://www.gov.uk/government/publicati ... ary-carers

However, the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.

The Announcement is clearly wrong. You should send a copy to the First Tier Tribunal, as well as the Court of Appeal's decision.

@forney-again ,Thank you very much

[forney-again]

Admin Review
You may want to apply for Admin Review. It shows your judge that you gave the Home Office every opportunity to fix their mistakes. Also, if Akinsaya wins again, the Home Office can approve your Admin Review and send you your documents faster.

June 2022 Announcement
The Home Office said two things. One, that they would not rely on the EEA Regulations. They then relied on those same regulations in their July 2022 refusals. Two, the Home Office writes that the Court of Appeal said that Zambrano carers can not have leave to remain under Appendix FM and still be Zambrano carers. That is 100% false. The Court of Appeal said that for those individuals they consider to be Zambrano carers, they can hold leave to remain under Appendix FM at the same time as their Zambrano status.


Court of Appeal versus Mostyn J
You should know that the Court of Appeal rejected many of Mostyn J's arguments. I personally agree with what Mostyn J explained, but the higher court nonetheless refused some of them. Therefore, you should be careful about what arguments you rely on with regard to Mostyn J. Try to use the Court of Appeal's ruling first.

References
Ensure you provide your judge with a list of references. That would include Mostyn J's decision, Underhill LJ's decision, the June 2022 Announcement by the Home Office, and your refusal letter, at the least.

3 Definitions of a Zambrano carer
Understand there are three definitions at play. The Home Office wants to define eligible people as those who did not hold leave to remain under Appendix FM on 31 December 2020. The Court of Appeal says people who were Zambrano carers before they got leave to remain under Appendix FM, are eligible. A third group says even if you got leave to remain under Appendix FM, you should still be considered a Zambrano carer.


Here is a link to the June 2022 Announcement

https://www.gov.uk/government/publicati ... ary-carers

However, the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.

The Announcement is clearly wrong. You should send a copy to the First Tier Tribunal, as well as the Court of Appeal's decision.

I read what the Home Office wrote, too quickly. What the Home Office said is not wrong, it is just misleading. The Home Office says, the Zambrano right does not ARISE when someone has leave to remain. Yes, that is what the Court of Appeal (Underhill LJ) says.

If you read that sentence quickly, as I did, you may think it says, you can not have leave to remain under Appendix FM and be a Zambrano carer.

To be fair to the public, the Home Office should acknowledge that Zambrano carers who later get leave to remain are still Zambrano carers.

[forney-again]

If you were a Zambrano carer for a significant period of time before you applied for leave to remain under Appendix FM, you should make that clear in your application.

If you had leave to remain under Appendix FM for and then applied to be recognised as a Zambrano carer, you may struggle in court. I am sure some people in this category were successful anyway. It is just a riskier route to take.

[HOPE77]

Admin Review
You may want to apply for Admin Review. It shows your judge that you gave the Home Office every opportunity to fix their mistakes. Also, if Akinsaya wins again, the Home Office can approve your Admin Review and send you your documents faster.

June 2022 Announcement
The Home Office said two things. One, that they would not rely on the EEA Regulations. They then relied on those same regulations in their July 2022 refusals. Two, the Home Office writes that the Court of Appeal said that Zambrano carers can not have leave to remain under Appendix FM and still be Zambrano carers. That is 100% false. The Court of Appeal said that for those individuals they consider to be Zambrano carers, they can hold leave to remain under Appendix FM at the same time as their Zambrano status.


Court of Appeal versus Mostyn J
You should know that the Court of Appeal rejected many of Mostyn J's arguments. I personally agree with what Mostyn J explained, but the higher court nonetheless refused some of them. Therefore, you should be careful about what arguments you rely on with regard to Mostyn J. Try to use the Court of Appeal's ruling first.

References
Ensure you provide your judge with a list of references. That would include Mostyn J's decision, Underhill LJ's decision, the June 2022 Announcement by the Home Office, and your refusal letter, at the least.

3 Definitions of a Zambrano carer
Understand there are three definitions at play. The Home Office wants to define eligible people as those who did not hold leave to remain under Appendix FM on 31 December 2020. The Court of Appeal says people who were Zambrano carers before they got leave to remain under Appendix FM, are eligible. A third group says even if you got leave to remain under Appendix FM, you should still be considered a Zambrano carer.


Here is a link to the June 2022 Announcement

https://www.gov.uk/government/publicati ... ary-carers

However, the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.

The Announcement is clearly wrong. You should send a copy to the First Tier Tribunal, as well as the Court of Appeal's decision.

I read what the Home Office wrote, too quickly. What the Home Office said is not wrong, it is just misleading. The Home Office says, the Zambrano right does not ARISE when someone has leave to remain. Yes, that is what the Court of Appeal (Underhill LJ) says.

If you read that sentence quickly, as I did, you may think it says, you can not have leave to remain under Appendix FM and be a Zambrano carer.

To be fair to the public, the Home Office should acknowledge that Zambrano carers who later get leave to remain are still Zambrano carers.

Should I appeal separately or do both judicial review and appeal at same time? And are both 28 days to appeal pls?

I got my leave to remain the second year I came here. So i spent a year before applying

[HOPE77]

If you were a Zambrano carer for a significant period of time before you applied for leave to remain under Appendix FM, you should make that clear in your application.

If you had leave to remain under Appendix FM for and then applied to be recognised as a Zambrano carer, you may struggle in court. I am sure some people in this category were successful anyway. It is just a riskier route to take.

Is the time duration is too short to apply as a Zambrano? I am panicking already
Pls advice me

[forney-again]

Admin Review
You may want to apply for Admin Review. It shows your judge that you gave the Home Office every opportunity to fix their mistakes. Also, if Akinsaya wins again, the Home Office can approve your Admin Review and send you your documents faster.

June 2022 Announcement
The Home Office said two things. One, that they would not rely on the EEA Regulations. They then relied on those same regulations in their July 2022 refusals. Two, the Home Office writes that the Court of Appeal said that Zambrano carers can not have leave to remain under Appendix FM and still be Zambrano carers. That is 100% false. The Court of Appeal said that for those individuals they consider to be Zambrano carers, they can hold leave to remain under Appendix FM at the same time as their Zambrano status.


Court of Appeal versus Mostyn J
You should know that the Court of Appeal rejected many of Mostyn J's arguments. I personally agree with what Mostyn J explained, but the higher court nonetheless refused some of them. Therefore, you should be careful about what arguments you rely on with regard to Mostyn J. Try to use the Court of Appeal's ruling first.

References
Ensure you provide your judge with a list of references. That would include Mostyn J's decision, Underhill LJ's decision, the June 2022 Announcement by the Home Office, and your refusal letter, at the least.

3 Definitions of a Zambrano carer
Understand there are three definitions at play. The Home Office wants to define eligible people as those who did not hold leave to remain under Appendix FM on 31 December 2020. The Court of Appeal says people who were Zambrano carers before they got leave to remain under Appendix FM, are eligible. A third group says even if you got leave to remain under Appendix FM, you should still be considered a Zambrano carer.


Here is a link to the June 2022 Announcement

https://www.gov.uk/government/publicati ... ary-carers

However, the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.

The Announcement is clearly wrong. You should send a copy to the First Tier Tribunal, as well as the Court of Appeal's decision.

I read what the Home Office wrote, too quickly. What the Home Office said is not wrong, it is just misleading. The Home Office says, the Zambrano right does not ARISE when someone has leave to remain. Yes, that is what the Court of Appeal (Underhill LJ) says.

If you read that sentence quickly, as I did, you may think it says, you can not have leave to remain under Appendix FM and be a Zambrano carer.

To be fair to the public, the Home Office should acknowledge that Zambrano carers who later get leave to remain are still Zambrano carers.

Should I appeal separately or do both judicial review and appeal at same time? And are both 28 days to appeal pls?

I got my leave to remain the second year I came here. So i spent a year before applying

You have 14 days to appeal to the First Tier Tribunal - without a reason. If 14 days has passed, appeal anyway but just explain why you were late. It's the middle of the summer, anyway.

You could argue you were a Zambrano carer before you got leave to remain. Did you ever apply to be recognised as a Zambrano carer? The judge may ask you why you did not apply for a derivative residence card before you applied for leave to remain under Appendix FM.

Many people here will say you don't have to apply for a derivative residence card to be considered a Zambrano carer. They feel very strongly about this point. I don't have an opinion either way. Ultimately, it is up to the judge. The Court of Appeal did not address your particular circumstance. You may simply have to fight it out in court.

If the judge believes you are a Zambrano carer, who just happened to apply for leave to remain under Appendix FM after a year, then your case is like Akinsaya's.

If the judge decides you were something else, but under the UK rules first, then the judge may say your Zambrano right never arose.

That is why in your appeal, your first sentence could explain your background. For example, I arrived in January 2015. I gave birth to my British daughter in February 2016. At this point, I began to exercise my right as a Zambrano carer. In February 2017, I decided to apply for leave to remain under Appendix FM because [insert reason here].

[forney-again]

If you were a Zambrano carer for a significant period of time before you applied for leave to remain under Appendix FM, you should make that clear in your application.

If you had leave to remain under Appendix FM for and then applied to be recognised as a Zambrano carer, you may struggle in court. I am sure some people in this category were successful anyway. It is just a riskier route to take.

Is the time duration is too short to apply as a Zambrano? I am panicking already
Pls advice me

The Court of Appeal never said how long. They did not address your situation. A good number of people are like you. I think a year should be long enough, but my opinion does not matter at the end of the day.

You won't have much space to explain yourself in the first state of the application. You can only put about 10 or 20 sentences. On what date did you become a Zambrano carer? On the day your child was born in the UK?

You need to get a story straight in your mind and stick to it. Did you know you were a Zambrano carer for that year? Did you have any other status or right to be in the UK?

If you had no other status in the year before you applied, then you would have been able to rely on Zambrano if the Home Office had tried to deport you. That fact alone may be enough for the judge to see you as a Zambrano carer.

I think in your case, it may come back to, why didn't you apply for the card? But then again, you didn't have to apply for the card to access your Zambrano right, technically.

I think each Zambrano carer like you will be judged individually. You may want to hire a lawyer to help you prove you were a Zambrano carer before you got leave to remain under Appendix FM. The Home Office will try to argue you were not.

[HOPE77]

Admin Review
You may want to apply for Admin Review. It shows your judge that you gave the Home Office every opportunity to fix their mistakes. Also, if Akinsaya wins again, the Home Office can approve your Admin Review and send you your documents faster.

June 2022 Announcement
The Home Office said two things. One, that they would not rely on the EEA Regulations. They then relied on those same regulations in their July 2022 refusals. Two, the Home Office writes that the Court of Appeal said that Zambrano carers can not have leave to remain under Appendix FM and still be Zambrano carers. That is 100% false. The Court of Appeal said that for those individuals they consider to be Zambrano carers, they can hold leave to remain under Appendix FM at the same time as their Zambrano status.


Court of Appeal versus Mostyn J
You should know that the Court of Appeal rejected many of Mostyn J's arguments. I personally agree with what Mostyn J explained, but the higher court nonetheless refused some of them. Therefore, you should be careful about what arguments you rely on with regard to Mostyn J. Try to use the Court of Appeal's ruling first.

References
Ensure you provide your judge with a list of references. That would include Mostyn J's decision, Underhill LJ's decision, the June 2022 Announcement by the Home Office, and your refusal letter, at the least.

3 Definitions of a Zambrano carer
Understand there are three definitions at play. The Home Office wants to define eligible people as those who did not hold leave to remain under Appendix FM on 31 December 2020. The Court of Appeal says people who were Zambrano carers before they got leave to remain under Appendix FM, are eligible. A third group says even if you got leave to remain under Appendix FM, you should still be considered a Zambrano carer.


Here is a link to the June 2022 Announcement

https://www.gov.uk/government/publicati ... ary-carers

However, the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.

The Announcement is clearly wrong. You should send a copy to the First Tier Tribunal, as well as the Court of Appeal's decision.

I read what the Home Office wrote, too quickly. What the Home Office said is not wrong, it is just misleading. The Home Office says, the Zambrano right does not ARISE when someone has leave to remain. Yes, that is what the Court of Appeal (Underhill LJ) says.

If you read that sentence quickly, as I did, you may think it says, you can not have leave to remain under Appendix FM and be a Zambrano carer.

To be fair to the public, the Home Office should acknowledge that Zambrano carers who later get leave to remain are still Zambrano carers.

Should I appeal separately or do both judicial review and appeal at same time? And are both 28 days to appeal pls?

I got my leave to remain the second year I came here. So i spent a year before applying

You have 14 days to appeal to the First Tier Tribunal - without a reason. If 14 days has passed, appeal anyway but just explain why you were late. It's the middle of the summer, anyway.

You could argue you were a Zambrano carer before you got leave to remain. Did you ever apply to be recognised as a Zambrano carer? The judge may ask you why you did not apply for a derivative residence card before you applied for leave to remain under Appendix FM.

Many people here will say you don't have to apply for a derivative residence card to be considered a Zambrano carer. They feel very strongly about this point. I don't have an opinion either way. Ultimately, it is up to the judge. The Court of Appeal did not address your particular circumstance. You may simply have to fight it out in court.

If the judge believes you are a Zambrano carer, who just happened to apply for leave to remain under Appendix FM after a year, then your case is like Akinsaya's.

If the judge decides you were something else, but under the UK rules first, then the judge may say your Zambrano right never arose.

That is why in your appeal, your first sentence could explain your background. For example, I arrived in January 2015. I gave birth to my British daughter in February 2016. At this point, I began to exercise my right as a Zambrano carer. In February 2017, I decided to apply for leave to remain under Appendix FM because [insert reason here].

Many thanks
I will start right away.
Is there a way I can forward my argument to you when am done pls?
And do i stand a good chance considering when that's I've spent 5 years here?

[forney-again]

For example,

The Secretary of State for the Home Department was wrong to refuse my application for settlement. At the time I gave birth to my British child, I had no right to remain in the UK. On this day, my Zambrano status arose. Once a Zambrano status arises, it is not extinguished if a person acquires leave to remain under Appendix FM.

[forney-again]

Many thanks
I will start right away.
Is there a way I can forward my argument to you when am done pls?
And do i stand a good chance considering when that's I've spent 5 years here?

I think you should just post your argument here. It can't be too long. Just remove your personal information. Change the dates, etc.

Regarding the 5 years, it doesn't really matter how long you have been here to get some sort of settlement. The 5 years makes a difference in whether they give you pre-settled status (2.5yrs) versus permanent settled status.

You stand a good chance if the judge believes your situation is like Akinsaya's and Akinsaya wins. You still have a chance if your situation is not like Akinsaya's, but it is a harder fight.

If Akinsaya loses, I don't see how anyone else can win at this point. But I could be wrong.

[forney-again]

Many thanks
I will start right away.
Is there a way I can forward my argument to you when am done pls?
And do i stand a good chance considering when that's I've spent 5 years here?

The First Tier Tribunal judge could say, I agree that your Zambrano carer status arose before you got leave to remain under Appendix FM. The judge could then even rule in your favour.

The Home Office is quite possibly going to challenge this loss.

The First Tier Tribunal judge could also say, I do not agree that your Zambrano status arose. The judge could then rule against you. Depending on their reason, you could appeal their ruling and try again in a higher court.

[forney-again]

Should I appeal separately or do both judicial review and appeal at same time? And are both 28 days to appeal pls?

I got my leave to remain the second year I came here. So i spent a year before applying

You should check your refusal letter. You should be able to apply to the First Tier Tribunal and for an Administrative Review at the same time.

[Mya101]

FAMILY!!!!!!!
I have a good news oooooohhhhh !!!!
I have been granted SETTLED STATUS!!
I am shaking right now!

Congratulations to you my sister
Please how can I check my status online and what number can I call.

[HOPE77]

FAMILY!!!!!!!
I have a good news oooooohhhhh !!!!
I have been granted SETTLED STATUS!!
I am shaking right now!

Congratulations to you my sister
Please how can I check my status online and what number can I call.

Type proof your immigration status on Google ,then follow the instructions.
Then you can get EUSS on 03001237379.

[arsi006WQRPG472]

Please help me guys what to do , do I have a chance my leave to remain is due for renewal in 19/08/2022



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 daughter xxxxxxxx and step-children xxxxxxxx and xxxxxxxx. 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-f ... ligibility.
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
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
0300 123 7379 www.gov.uk/settled-status-eu-citizens-families
ICD.5298 1 of 5

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 22 February 2020 and 30 June 2021. However, you did not meet the definition throughout this period.
The reason for this is that, at the specified date set out above, 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 19 February 2020, valid until 19 August 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.
ICD.5298 2 of 5

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:
 Assorted supporting documents

[Nyamebeye]

When did you apply?

[arsi006WQRPG472]

I applied on 31 June 2021

[forney-again]

Please help me guys what to do , do I have a chance my leave to remain is due for renewal in 19/08/2022



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 daughter xxxxxxxx and step-children xxxxxxxx and xxxxxxxx. 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-f ... ligibility.
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
EU Settlement Scheme PO Box 2075
Liverpool
L69 3PG
Tel Web
0300 123 7379 www.gov.uk/settled-status-eu-citizens-families
ICD.5298 1 of 5

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 22 February 2020 and 30 June 2021. However, you did not meet the definition throughout this period.
The reason for this is that, at the specified date set out above, 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 19 February 2020, valid until 19 August 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.
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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:
 Assorted supporting documents

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 22 February 2020 and 30 June 2021.

you were granted leave to enter or remain in the UK on 19 February 2020, valid until 19 August 2022, under Appendix FM of the Immigration Rules.

According to the Court of Appeal (Underhill LJ), a Zambrano right can not "arise" if you already have leave to remain under Appendix FM.

When was your child born?

What was your immigration status on the day your child was born?

You may want to apply for Admin Review and provide proof of when your Zambrano right arose. Explain that you got the dates wrong for when your Zambrano right began (assuming you got the date wrong).