Zambrano Settled Status EU settlement scheme Paper Application Form

[Topsibelle]

Hi,

Please if anyone can help, I received a post letter form Home Office stating that I must do a Biometric to the nearest Post office. After visiting 4 Post Office they told me that I must visit Croydon, but I can go to Eastbourne Library centre, she told me I must book an appointment online, when I check online, I couldn't do it and phone the agent she said I need my passport and original documents, but Home Office didn't give my Documents back only a letter stating I must show it to the Post Office, please anyone can tell me how to book for biometrics with only the letter from Home Office without supporting documents? Thanks

You do need your passport for biometrics at Croydon so request for your documents from the Home office.

[Billyosa]

Hi,

Please if anyone can help, I received a post letter form Home Office stating that I must do a Biometric to the nearest Post office. After visiting 4 Post Office they told me that I must visit Croydon, but I can go to Eastbourne Library centre, she told me I must book an appointment online, when I check online, I couldn't do it and phone the agent she said I need my passport and original documents, but Home Office didn't give my Documents back only a letter stating I must show it to the Post Office, please anyone can tell me how to book for biometrics with only the letter from Home Office without supporting documents? Thanks

You do need your passport for biometrics at Croydon so request for your documents from the Home office.

This is not fair at all.. she might miss the 14 day deadline if it was stated on it? Why wont they make things easier for mankind?
We were lucky we had a Biometric recently. Travelling from Tottenham to Croydon would have been terrible for us...

[mubashir1981]

Hi,

Please if anyone can help, I received a post letter form Home Office stating that I must do a Biometric to the nearest Post office. After visiting 4 Post Office they told me that I must visit Croydon, but I can go to Eastbourne Library centre, she told me I must book an appointment online, when I check online, I couldn't do it and phone the agent she said I need my passport and original documents, but Home Office didn't give my Documents back only a letter stating I must show it to the Post Office, please anyone can tell me how to book for biometrics with only the letter from Home Office without supporting documents? Thanks

You do need your passport for biometrics at Croydon so request for your documents from the Home office.

This is not fair at all.. she might miss the 14 day deadline if it was stated on it? Why wont they make things easier for mankind?
We were lucky we had a Biometric recently. Travelling from Tottenham to Croydon would have been terrible for us...

I have done mine biomatric in post office without passport. Take driving licence with u just in case.

[Topsibelle]

Yeah a proof of ID is required is my point.

[naa]

Hi everyone
My son was registered on the 27th August 2015 as a Brtitsih Citizen, I was granted Presettled status in September valid until 2024.I'm planning to apply for settled status next year Aug.. do you know of any case laws to support this. I know of the case of Sanneh but not sure how to apply it. Also do you know if i have to do the paper application again or I can do it on the app when the time comes. thanks for your time.

Hi

If your Son was registered as a british citizen on 27th August 2017 then you will only qualify for SETTLED STATUS under Zambrano Settlement Scheme on 27th August 2022.

Come to Sanneh vs SSHD and SSWP, it only directs Home Office to properly assess your right under EEA REGULATIONS from when you became a family member before becoming a qualifying person.

Cheers

Thanks for the reply snooky. He was registered in 2015 not 2017

[Karren123]

Hi,

Please if anyone can help, I received a post letter form Home Office stating that I must do a Biometric to the nearest Post office. After visiting 4 Post Office they told me that I must visit Croydon, but I can go to Eastbourne Library centre, she told me I must book an appointment online, when I check online, I couldn't do it and phone the agent she said I need my passport and original documents, but Home Office didn't give my Documents back only a letter stating I must show it to the Post Office, please anyone can tell me how to book for biometrics with only the letter from Home Office without supporting documents? Thanks

You do need your passport for biometrics at Croydon so request for your documents from the Home office.

This is not fair at all.. she might miss the 14 day deadline if it was stated on it? Why wont they make things easier for mankind?
We were lucky we had a Biometric recently. Travelling from Tottenham to Croydon would have been terrible for us...

I have done mine biomatric in post office without passport. Take driving licence with u just in case.

When did you do it? Apparently, they used to do it and now the Home Office canceled the contract and now taking by Agents and you have to pay for appointment alone, Croydon is free apparently, but in any case I don't mind to pay but after phoning to make appointment since I can't do it online, they told me they can't help me.

[Karren123]

Hi,

Please if anyone can help, I received a post letter form Home Office stating that I must do a Biometric to the nearest Post office. After visiting 4 Post Office they told me that I must visit Croydon, but I can go to Eastbourne Library centre, she told me I must book an appointment online, when I check online, I couldn't do it and phone the agent she said I need my passport and original documents, but Home Office didn't give my Documents back only a letter stating I must show it to the Post Office, please anyone can tell me how to book for biometrics with only the letter from Home Office without supporting documents? Thanks

Karren123

Oh hi Karren123, the biomatric registration is done at some specific post offices mainly the main ones at your borough.

They are right, you have to come Croydon to do it. No Appointment.

Hi, thank you for your help. Are you sure no need for appointment? I was been traveling to Eastbourne already, I don't wanna get to Croydon and telling me again, I must book an appointment. And what do they needs? Since, I don't have any original documents on me, Home Office still got it, all they send me is a Letter to do a Biometrics done.. Thank you

[snooky]

Hi

If your Son was registered as a british citizen on 27th August 2017 then you will only qualify for SETTLED STATUS under Zambrano Settlement Scheme on 27th August 2022.

Come to Sanneh vs SSHD and SSWP, it only directs Home Office to properly assess your right under EEA REGULATIONS from when you became a family member before becoming a qualifying person.

Cheers

Thanks for the reply snooky. He was registered in 2015 not 2017

Sorry

Yeah 2021 August you would entitled for settled status

[Nyamebeye]

Karen123

My nearest post office was in Cambridge and Peterborough so I went to Cambridge . I didn't need an appointment. I went very early on a sat morrning and was the first in the queue. I had my bio letter with me and was not even asked of any proof of ID. But take one to be on the safer side.

It's true the local post offices have lost the contract. Only designated ones do it now. You can Google it.

[alana7]

Good morning all. I received the decision from the Home Office on my solicitors DRF 1 application and they refused again. They refused it under Regulations 16 (5), 16(8) and 20 of the immigration Regulations EEA 2016. They have stated that an unmarried partner is not a direct relative and a lasting power of attorney does not demonstrate that a person is a legal guardian. They expect a guardianship order and I have not provided one and my application falls for refusal on this basis so no further consideration has been given to any other evidence submitted and I have failed to qualify for derivative residence card in line with the Zambrano judgement under the immigration (EEA) regulations 2016, as amended.
I also have no right of appeal. I still have the EU Settlement scheme Zambrano application awaiting a decision but surprisingly I am in a good place about that because in the beginning of the decision they state that you are not required to hold documentation to confirm your right to reside in the UK as a beneficiary of a derivative right of residence. And I was refused under human rights application before so I will wait on that application.

Alana7

Snooky here, Sorry to hear that your Zambrano Derivative was refused. Hmm, Home Office is kiling this route gradually.

They refused you because of REG 16(5)
1. (5) The criteria in this paragraph are that—
(a)the person is the primary carer of a British citizen (“BC”);
(b)BC is residing in the United Kingdom; and
(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

2. 16(8) A person is the “primary carer” of another person (“AP”) if—
(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person


Please, did you go to Court for Parental Responsibility Order.?.

No I never applied for Parental responsibility order. I don't have kids its just myself and my partner who I have a lasting power of attorney for.

[mubashir1981]

You do need your passport for biometrics at Croydon so request for your documents from the Home office.

This is not fair at all.. she might miss the 14 day deadline if it was stated on it? Why wont they make things easier for mankind?
We were lucky we had a Biometric recently. Travelling from Tottenham to Croydon would have been terrible for us...

I have done mine biomatric in post office without passport. Take driving licence with u just in case.

When did you do it? Apparently, they used to do it and now the Home Office canceled the contract and now taking by Agents and you have to pay for appointment alone, Croydon is free apparently, but in any case I don't mind to pay but after phoning to make appointment since I can't do it online, they told me they can't help me.

On 17 aug 2019. Search post office one which offer biomatric service. Go to there website untick all box and juat tick biomatric hope u find somethis near to u. No need for id even it say on ur letter. And no app required as well good luck.

[snooky]

Good morning all. I received the decision from the Home Office on my solicitors DRF 1 application and they refused again. They refused it under Regulations 16 (5), 16(8) and 20 of the immigration Regulations EEA 2016. They have stated that an unmarried partner is not a direct relative and a lasting power of attorney does not demonstrate that a person is a legal guardian. They expect a guardianship order and I have not provided one and my application falls for refusal on this basis so no further consideration has been given to any other evidence submitted and I have failed to qualify for derivative residence card in line with the Zambrano judgement under the immigration (EEA) regulations 2016, as amended.
I also have no right of appeal. I still have the EU Settlement scheme Zambrano application awaiting a decision but surprisingly I am in a good place about that because in the beginning of the decision they state that you are not required to hold documentation to confirm your right to reside in the UK as a beneficiary of a derivative right of residence. And I was refused under human rights application before so I will wait on that application.

Alana7

Snooky here, Sorry to hear that your Zambrano Derivative was refused. Hmm, Home Office is kiling this route gradually.

They refused you because of REG 16(5)
1. (5) The criteria in this paragraph are that—
(a)the person is the primary carer of a British citizen (“BC”);
(b)BC is residing in the United Kingdom; and
(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

2. 16(8) A person is the “primary carer” of another person (“AP”) if—
(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person


Please, did you go to Court for Parental Responsibility Order.?.

No I never applied for Parental responsibility order. I don't have kids its just myself and my partner who I have a lasting power of attorney for.

Thanks for the infomation.

With the route you chose under your refused Zambrano application it is very hard. The adult Zambrano dependancy requirements are like doing an article 3 human right application under domestic laws. They use a word call Absolute. High threshold

Sorry

[nilemarques]

Hi all. Need a bit of guidance. As posted elsewhere on the thread, I am the parent of a BC and on the 10 yr route. I however did an online EU settlement scheme application. Got my COA last week. Just received following email requesting further info :

"You have applied for status under the EU Settlement Scheme.

 

To help us progress the application, please provide the following:

 

Firstly, please provide details of your EU sponsor as follows:

 

Evidence of the identity and nationality of your EU family member. This includes:

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

This is so that we can confirm they are an EU citizen as stated on your application form.

 

‘Valid’ means that the document is genuine and has not expired or been cancelled or invalidated.

 

Additionally, please provide evidence of your relationship to your EU family member, as follows:

 

Marriage cert, birth cert etc"

My question is, besides my child's British passport (as evidence of EU citizenship) and his birth certificate as evidence of relationship, is thete anything else I would need to send. Does my child's British passport qualify as EU passport?
Thanks in advance

 

[snooky]

Hi all. Need a bit of guidance. As posted elsewhere on the thread, I am the parent of a BC and on the 10 yr route. I however did an online EU settlement scheme application. Got my COA last week. Just received following email requesting further info :

"You have applied for status under the EU Settlement Scheme.

 

To help us progress the application, please provide the following:

 

Firstly, please provide details of your EU sponsor as follows:

 

Evidence of the identity and nationality of your EU family member. This includes:

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

This is so that we can confirm they are an EU citizen as stated on your application form.

 

‘Valid’ means that the document is genuine and has not expired or been cancelled or invalidated.

 

Additionally, please provide evidence of your relationship to your EU family member, as follows:

 

Marriage cert, birth cert etc"

My question is, besides my child's British passport (as evidence of EU citizenship) and his birth certificate as evidence of relationship, is thete anything else I would need to send. Does my child's British passport qualify as EU passport?
Thanks in advance

 

nilemarques

I think maybe as you were doing the online application, you might have chosen something which gave you question only on EU family membership.

Actually you have not said what YOU HAVE APPLIED FOR and let us assume is a Zambrano derivative, such application is strictly done on EEA REGULATIONS 2016 rather than wider EU Laws and you would have to do it on a paper form.

With my understand about the questions they have asked you to present its documents, you might have selected Family member of a British Citizen or EU citizen.

I may be wrong but give us more information

1 what you applied for
2 if you are a TCN
3 how long have you been a family member

Tala

[nilemarques]

[quote=snooky post_id=1852397 time=1574862314 user_id=227412]
[quote=nilemarques post_id=1852380 time=1574858775 user_id=79403]
Hi all. Need a bit of guidance. As posted elsewhere on the thread, I am the parent of a BC and on the 10 yr route. I however did an online EU settlement scheme application. Got my COA last week. Just received following email requesting further info :

"You have applied for status under the EU Settlement Scheme.

 

To help us progress the application, please provide the following:

 

Firstly, please provide details of your EU sponsor as follows:

 

Evidence of the identity and nationality of your EU family member. This includes:

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

This is so that we can confirm they are an EU citizen as stated on your application form.

 

‘Valid’ means that the document is genuine and has not expired or been cancelled or invalidated.

 

Additionally, please provide evidence of your relationship to your EU family member, as follows:

 

Marriage cert, birth cert etc"

My question is, besides my child's British passport (as evidence of EU citizenship) and his birth certificate as evidence of relationship, is thete anything else I would need to send. Does my child's British passport qualify as EU passport?
Thanks in advance

 
[/quote]

nilemarques

I think maybe as you were doing the online application, you might have chosen something which gave you question only on EU family membership.

Actually you have not said what YOU HAVE APPLIED FOR and let us assume is a Zambrano derivative, such application is strictly done on EEA REGULATIONS 2016 rather than wider EU Laws and you would have to do it on a paper form.

With my understand about the questions they have asked you to present its documents, you might have selected Family member of a British Citizen or EU citizen.

I may be wrong but give us more information

1 what you applied for
2 if you are a TCN
3 how long have you been a family member

Tala
[/quote]
Hi Snooky,
I am not doing a Zambrano application. I did the online EU settlement scheme that leads to either a pre-settled status or a settled status. I did select the family member of a BC/EU citizen on one of the options. I don't know if this is just a generic template they use to request more info coz I did attach a pic of my child's passport. I hadn't attached his birth certificate which I will now attach. Can't think of anything else to attach hence me asking. I am aware that I have to put in a paper application but just thought I would test the waters and put in an online application.

[snooky]

Hi all. Need a bit of guidance. As posted elsewhere on the thread, I am the parent of a BC and on the 10 yr route. I however did an online EU settlement scheme application. Got my COA last week. Just received following email requesting further info :

"You have applied for status under the EU Settlement Scheme.

 

To help us progress the application, please provide the following:

 

Firstly, please provide details of your EU sponsor as follows:

 

Evidence of the identity and nationality of your EU family member. This includes:

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

This is so that we can confirm they are an EU citizen as stated on your application form.

 

‘Valid’ means that the document is genuine and has not expired or been cancelled or invalidated.

 

Additionally, please provide evidence of your relationship to your EU family member, as follows:

 

Marriage cert, birth cert etc"

My question is, besides my child's British passport (as evidence of EU citizenship) and his birth certificate as evidence of relationship, is thete anything else I would need to send. Does my child's British passport qualify as EU passport?
Thanks in advance

 

nilemarques

I think maybe as you were doing the online application, you might have chosen something which gave you question only on EU family membership.

Actually you have not said what YOU HAVE APPLIED FOR and let us assume is a Zambrano derivative, such application is strictly done on EEA REGULATIONS 2016 rather than wider EU Laws and you would have to do it on a paper form.

With my understand about the questions they have asked you to present its documents, you might have selected Family member of a British Citizen or EU citizen.

I may be wrong but give us more information

1 what you applied for
2 if you are a TCN
3 how long have you been a family member

Tala

Hi Snooky,
I am not doing a Zambrano application. I did the online EU settlement scheme that leads to either a pre-settled status or a settled status. I did select the family member of a BC/EU citizen on one of the options. I don't know if this is just a generic template they use to request more info coz I did attach a pic of my child's passport. I hadn't attached his birth certificate which I will now attach. Can't think of anything else to attach hence me asking. I am aware that I have to put in a paper application but just thought I would test the waters and put in an online application.

Hello Nilemarques

Good to test the water and most tested during the implementation period with EU Exit app and they succeeded.

But actually what you selected is what under the EEA Regulations is called Returning Citizens. It derives from a case law of SURINDER SINGH.

So to qualify for this route, you and your british citizen should have lived in any EU country for a minimum of 6 months then return to Citizen's (EU Sponsor) country of birth.

Within that six months, your sponsor should seek work or claim benefits. This is call exercising your rights.

Hope you will take advantage of the Zambrano application under the Settlement Scheme as there is probability of being given

Big ups

[ruona]

Timeline update
Paper applications send 15th Nov
Home office received 18th Nov
Both passport and coa received today 27th Nov
So fingers cross.

[nilemarques]

[quote=snooky post_id=1852551 time=1574881105 user_id=227412]
[quote=nilemarques post_id=1852531 time=1574878191 user_id=79403]
[quote=snooky post_id=1852397 time=1574862314 user_id=227412]
[quote=nilemarques post_id=1852380 time=1574858775 user_id=79403]
Hi all. Need a bit of guidance. As posted elsewhere on the thread, I am the parent of a BC and on the 10 yr route. I however did an online EU settlement scheme application. Got my COA last week. Just received following email requesting further info :

"You have applied for status under the EU Settlement Scheme.

 

To help us progress the application, please provide the following:

 

Firstly, please provide details of your EU sponsor as follows:

 

Evidence of the identity and nationality of your EU family member. This includes:

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

This is so that we can confirm they are an EU citizen as stated on your application form.

 

‘Valid’ means that the document is genuine and has not expired or been cancelled or invalidated.

 

Additionally, please provide evidence of your relationship to your EU family member, as follows:

 

Marriage cert, birth cert etc"

My question is, besides my child's British passport (as evidence of EU citizenship) and his birth certificate as evidence of relationship, is thete anything else I would need to send. Does my child's British passport qualify as EU passport?
Thanks in advance

 
[/quote]

nilemarques

I think maybe as you were doing the online application, you might have chosen something which gave you question only on EU family membership.

Actually you have not said what YOU HAVE APPLIED FOR and let us assume is a Zambrano derivative, such application is strictly done on EEA REGULATIONS 2016 rather than wider EU Laws and you would have to do it on a paper form.

With my understand about the questions they have asked you to present its documents, you might have selected Family member of a British Citizen or EU citizen.

I may be wrong but give us more information

1 what you applied for
2 if you are a TCN
3 how long have you been a family member

Tala
[/quote]
Hi Snooky,
I am not doing a Zambrano application. I did the online EU settlement scheme that leads to either a pre-settled status or a settled status. I did select the family member of a BC/EU citizen on one of the options. I don't know if this is just a generic template they use to request more info coz I did attach a pic of my child's passport. I hadn't attached his birth certificate which I will now attach. Can't think of anything else to attach hence me asking. I am aware that I have to put in a paper application but just thought I would test the waters and put in an online application.
[/quote]

Hello Nilemarques

Good to test the water and most tested during the implementation period with EU Exit app and they succeeded.

But actually what you selected is what under the EEA Regulations is called Returning Citizens. It derives from a case law of SURINDER SINGH.

So to qualify for this route, you and your british citizen should have lived in any EU country for a minimum of 6 months then return to Citizen's (EU Sponsor) country of birth.

Within that six months, your sponsor should seek work or claim benefits. This is call exercising your rights.

Hope you will take advantage of the Zambrano application under the Settlement Scheme as there is probability of being given

Big ups
[/quote]

Hi Snooky.
Thanks for that bit of info. I just did the application off the cuff so to speak. Judging by contributions on this thread, I think I will be told to send in a paper application. So I have just emailed my child's passport and birth certificate and am now awaiting a refusal. Lol. So in prrparation for my next challenge, how do I do the Zambrano application on the settlement scheme? Is it just putting in the paper application or I can do one online again??

[alana7]

Good morning all. I received the decision from the Home Office on my solicitors DRF 1 application and they refused again. They refused it under Regulations 16 (5), 16(8) and 20 of the immigration Regulations EEA 2016. They have stated that an unmarried partner is not a direct relative and a lasting power of attorney does not demonstrate that a person is a legal guardian. They expect a guardianship order and I have not provided one and my application falls for refusal on this basis so no further consideration has been given to any other evidence submitted and I have failed to qualify for derivative residence card in line with the Zambrano judgement under the immigration (EEA) regulations 2016, as amended.
I also have no right of appeal. I still have the EU Settlement scheme Zambrano application awaiting a decision but surprisingly I am in a good place about that because in the beginning of the decision they state that you are not required to hold documentation to confirm your right to reside in the UK as a beneficiary of a derivative right of residence. And I was refused under human rights application before so I will wait on that application.

Alana7

Snooky here, Sorry to hear that your Zambrano Derivative was refused. Hmm, Home Office is kiling this route gradually.

They refused you because of REG 16(5)
1. (5) The criteria in this paragraph are that—
(a)the person is the primary carer of a British citizen (“BC”);
(b)BC is residing in the United Kingdom; and
(c)BC would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.

2. 16(8) A person is the “primary carer” of another person (“AP”) if—
(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person


Please, did you go to Court for Parental Responsibility Order.?.

No I never applied for Parental responsibility order. I don't have kids its just myself and my partner who I have a lasting power of attorney for.

Thanks for the infomation.

With the route you chose under your refused Zambrano application it is very hard. The adult Zambrano dependancy requirements are like doing an article 3 human right application under domestic laws. They use a word call Absolute. High threshold

Sorry

I thought as they said if you had been refused under human rights law you were eligible to apply but I see now its just as hard lkke you said.

[Obie]

The Home Office is acting stupidly. The policy is crazy. I happen to appear before a tribunal judge who was furious that Home Office are applying Patel to the cases where both parent do not have EU citizenship or ILR. She allowed the appeal, even though Home Office tried to issue leave to remain 2 weeks before appeal, when we had not applied for 1.

[snooky]

The Home Office is acting stupidly. The policy is crazy. I happen to appear before a tribunal judge who was furious that Home Office are applying Patel to the cases where both parent do not have EU citizenship or ILR. She allowed the appeal, even though Home Office tried to issue leave to remain 2 weeks before appeal, when we had not applied for 1.

Hi Obie

Well done for taken Home Office on.

This is what we call abuse, discrimination, and dearly beloved-policy-guidance. Zambrano only affect non white so they dont give a heck about it.

Young british citizen are being punished due to the nationality of their parents.

The most annoying thing is that gradually and silently, Home Office incorperated Patel vs SSHD into EU Settlement Scheme.

This has delayed all cases because they are monitoring cases that were refused since May, and policing the outcome.
So the more people go to Court with Zambrano Refusal it will force their unwarranted policy off the wall

Congrat

[snooky]

nilemarques

I think maybe as you were doing the online application, you might have chosen something which gave you question only on EU family membership.

Actually you have not said what YOU HAVE APPLIED FOR and let us assume is a Zambrano derivative, such application is strictly done on EEA REGULATIONS 2016 rather than wider EU Laws and you would have to do it on a paper form.

With my understand about the questions they have asked you to present its documents, you might have selected Family member of a British Citizen or EU citizen.

I may be wrong but give us more information

1 what you applied for
2 if you are a TCN
3 how long have you been a family member

Tala

Hi Snooky,
I am not doing a Zambrano application. I did the online EU settlement scheme that leads to either a pre-settled status or a settled status. I did select the family member of a BC/EU citizen on one of the options. I don't know if this is just a generic template they use to request more info coz I did attach a pic of my child's passport. I hadn't attached his birth certificate which I will now attach. Can't think of anything else to attach hence me asking. I am aware that I have to put in a paper application but just thought I would test the waters and put in an online application.

Hello Nilemarques

Good to test the water and most tested during the implementation period with EU Exit app and they succeeded.

But actually what you selected is what under the EEA Regulations is called Returning Citizens. It derives from a case law of SURINDER SINGH.

So to qualify for this route, you and your british citizen should have lived in any EU country for a minimum of 6 months then return to Citizen's (EU Sponsor) country of birth.

Within that six months, your sponsor should seek work or claim benefits. This is call exercising your rights.

Hope you will take advantage of the Zambrano application under the Settlement Scheme as there is probability of being given

Big ups

Hi Snooky.
Thanks for that bit of info. I just did the application off the cuff so to speak. Judging by contributions on this thread, I think I will be told to send in a paper application. So I have just emailed my child's passport and birth certificate and am now awaiting a refusal. Lol. So in prrparation for my next challenge, how do I do the Zambrano application on the settlement scheme? Is it just putting in the paper application or I can do one online again??

Nilemarques Sup

Well, to do Zambrano derivative under eu settlment scheme, you would have to phone 0300 123 7379
and couple of question would be ask then paper application forms be issued to you

[Koignbi]

Hi Everyone,

I have been following this thread since June. I have since found it to be comforting and very resourceful.

To cut a long story short; I held a Derivative right to reside status (Zambrano) which expired in May 2019.

Before our Derivative residence expired in May 2019 our passports expired in July 2018. We got them renewed and made applications to renew our Derivative residence (Zambrano) in December 2018. This was refused in May 2019 after we had made another application to EUSS. The bases of the refusal are:-

a). We have not demonstrated that our children would be unable to reside in the UK or another EEA state if we were required to leave for an indefinite period.

b). Since our most recent refusal there had been significant changes in our circumstances and it is open to us to re-apply under the UK’s domestic immigration law.

c). It was confirmed by the Court of Appeal in December 2017 in the case of Patel [2017] EWCA Civ 2028, at paragraph [78] of the conclusion of Lord Justice Irwin, that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK.

After waiting for almost 6 months now for a decision from the EU settlement scheme, we are pondering if we could appeal the refusal of our Derivative residence application.

Does anyone out there know if we can put in an appeal at stage this after our appeal right window had elapsed?

[Obie]

You can file a notice out of time. But you are significantly late.

[Koignbi]

That's my concern!

Just wanted to give it a try. Also I think if the appeal is not accepted you don’t have to pay the fees.....