Zambrano Settled Status EU settlement scheme Paper Application Form -Refused

[askme234]

The knowledgeable people in the forum,

I would appreciate if you can advise me on the best course of action to take on the below questions;

Background

Previously had 2.5yrs leave to remain under 10yrs parent route.
switched to spouse 2.5yrs when that expired. current leave to remain expiry in November 2021.(to cut the time it takes to get ILR)

Applied for EE settlement scheme back in October 2019 with someone with Zambrano right as primary carer of a British citizen (age 4) ; decision came last week and i was refused because i still have leave to remain.

I was given option for administrative review.

My question;

1. Do i have any chance with this administrative review?

2. And if not, is there any option available for me to benefit from the EE settlement scheme as someone with zambrano right that still have a valid leave to remain given under domestic rule? ( spouse)


i would really appreciate your timely response and guidance.



Please see below a copy of the refusal letter


Dear xxxxxx
Thank you for your application under the EU Settlement Scheme as a ‘person
with a Zambrano right to reside’.
Your application has been carefully considered but from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
The remainder of this letter details the reasons your application has been
refused, what you can do next and the help available from us.
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 son . This duty cannot on its
own satisfy the eligibility requirements of the EU Settlement Scheme for a
person with a Zambrano right to reside, but in assessing your application, the
child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also
known as indefinite leave to enter or remain) or pre-settled status (also known
as limited leave to enter or remain) under the EU Settlement Scheme.
Unfortunately, based on the information and evidence provided or otherwise
available, and for the reasons set out in this letter, you do not meet the
requirements.
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.
ICD.5298 2 of 3
You have applied under the EU Settlement Scheme as a person with a
Zambrano right to reside on the basis that you are the primary carer of a British
citizen.
To qualify under the EU Settlement Scheme, you need to meet the
requirements that are set out in Appendix EU to the Immigration Rules.
One of the requirements for qualifying for settled or pre-settled status as a
person with a Zambrano right to reside is that you do not already hold leave to
enter or remain in the UK, unless this was granted under the EU Settlement
Scheme.
Our records show that you currently hold leave to remain in the UK valid until 19
November 2021. This leave was granted Appendix FM of the Immigration
Rules, not under the EU Settlement Scheme. This means you cannot qualify as
a person with a Zambrano right to reside.
As your existing leave to enter or remain means your application cannot
succeed, we have not considered the rest of your application.
We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.
Next steps
If you have additional information or evidence that shows you meet the
requirements, you can make another application to the EU Settlement Scheme
at any time online at: https://apply-for-eu-settled-status.homeoffice.gov.uk.
Applications are free of charge and you have until 30 June 2021 to reapply.
If you wish to re-apply as a person with a derivative right to reside, you will need
to call the EU Settlement Resolution Centre to request another paper
application form. Their contact information can be found at www.gov.uk/contactukvi-inside-outside-u ... led-status.
If you wish to apply on another basis, you may be able to apply online at applyfor-eu-settled-status.homeoffice.gov.uk. You can find out more about the
requirements at www.gov.uk/settled-status-eu-citizens-f ... ligibility.
ICD.5298 3 of 3
Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published guidance, or where you
have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to
apply for an administrative review.
Information on how to apply for an administrative review, the process and the
fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.
The administrative review application form is available online at: https://visasimmigration.service.gov.uk ... min-review.
If you have any questions or would like to discuss this letter, details on
contacting us can be found on our website:
https://eu-settled-status-enquiries.ser ... v.uk/start.
Yours sincerely,
EU Settlement Scheme
On behalf of the Secretary of State
Data protection
The Data Protection Act 2018 governs how we use personal dat

[Prettymum]

The knowledgeable people in the forum,

I would appreciate if you can advise me on the best course of action to take on the below questions;

Background

Previously had 2.5yrs leave to remain under 10yrs parent route.
switched to spouse 2.5yrs when that expired. current leave to remain expiry in November 2021.(to cut the time it takes to get ILR)

Applied for EE settlement scheme back in October 2019 with someone with Zambrano right as primary carer of a British citizen (age 4) ; decision came last week and i was refused because i still have leave to remain.

I was given option for administrative review.

My question;

1. Do i have any chance with this administrative review?

2. And if not, is there any option available for me to benefit from the EE settlement scheme as someone with zambrano right that still have a valid leave to remain given under domestic rule? ( spouse)


i would really appreciate your timely response and guidance.



Please see below a copy of the refusal letter


Dear xxxxxx
Thank you for your application under the EU Settlement Scheme as a ‘person
with a Zambrano right to reside’.
Your application has been carefully considered but from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
The remainder of this letter details the reasons your application has been
refused, what you can do next and the help available from us.
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 son . This duty cannot on its
own satisfy the eligibility requirements of the EU Settlement Scheme for a
person with a Zambrano right to reside, but in assessing your application, the
child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also
known as indefinite leave to enter or remain) or pre-settled status (also known
as limited leave to enter or remain) under the EU Settlement Scheme.
Unfortunately, based on the information and evidence provided or otherwise
available, and for the reasons set out in this letter, you do not meet the
requirements.
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.
ICD.5298 2 of 3
You have applied under the EU Settlement Scheme as a person with a
Zambrano right to reside on the basis that you are the primary carer of a British
citizen.
To qualify under the EU Settlement Scheme, you need to meet the
requirements that are set out in Appendix EU to the Immigration Rules.
One of the requirements for qualifying for settled or pre-settled status as a
person with a Zambrano right to reside is that you do not already hold leave to
enter or remain in the UK, unless this was granted under the EU Settlement
Scheme.
Our records show that you currently hold leave to remain in the UK valid until 19
November 2021. This leave was granted Appendix FM of the Immigration
Rules, not under the EU Settlement Scheme. This means you cannot qualify as
a person with a Zambrano right to reside.
As your existing leave to enter or remain means your application cannot
succeed, we have not considered the rest of your application.
We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.
Next steps
If you have additional information or evidence that shows you meet the
requirements, you can make another application to the EU Settlement Scheme
at any time online at: https://apply-for-eu-settled-status.homeoffice.gov.uk.
Applications are free of charge and you have until 30 June 2021 to reapply.
If you wish to re-apply as a person with a derivative right to reside, you will need
to call the EU Settlement Resolution Centre to request another paper
application form. Their contact information can be found at www.gov.uk/contactukvi-inside-outside-u ... led-status.
If you wish to apply on another basis, you may be able to apply online at applyfor-eu-settled-status.homeoffice.gov.uk. You can find out more about the
requirements at www.gov.uk/settled-status-eu-citizens-f ... ligibility.
ICD.5298 3 of 3
Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published guidance, or where you
have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to
apply for an administrative review.
Information on how to apply for an administrative review, the process and the
fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.
The administrative review application form is available online at: https://visasimmigration.service.gov.uk ... min-review.
If you have any questions or would like to discuss this letter, details on
contacting us can be found on our website:
https://eu-settled-status-enquiries.ser ... v.uk/start.
Yours sincerely,
EU Settlement Scheme
On behalf of the Secretary of State
Data protection
The Data Protection Act 2018 governs how we use personal dat

Zambrano Settled Status EU settlement scheme Paper Application Form -NEW

[Prettymum]

You can get advise from the site I sent to you.

[askme234]

@ Prettymum,

Thanks for your comment. I couldn't see any site in your comment. Could you please resend it?

I'm new on this forum so i am figuring out what some of the icon means.

Many thanks

[CR001]

https://www.immigrationboards.com/eea-r ... l#p1908598

[snooky]

The knowledgeable people in the forum,

I would appreciate if you can advise me on the best course of action to take on the below questions;

Background

Previously had 2.5yrs leave to remain under 10yrs parent route.
switched to spouse 2.5yrs when that expired. current leave to remain expiry in November 2021.(to cut the time it takes to get ILR)

Applied for EE settlement scheme back in October 2019 with someone with Zambrano right as primary carer of a British citizen (age 4) ; decision came last week and i was refused because i still have leave to remain.

I was given option for administrative review.

My question;

1. Do i have any chance with this administrative review?

2. And if not, is there any option available for me to benefit from the EE settlement scheme as someone with zambrano right that still have a valid leave to remain given under domestic rule? ( spouse)


i would really appreciate your timely response and guidance.



Please see below a copy of the refusal letter


Dear xxxxxx
Thank you for your application under the EU Settlement Scheme as a ‘person
with a Zambrano right to reside’.
Your application has been carefully considered but from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
The remainder of this letter details the reasons your application has been
refused, what you can do next and the help available from us.
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 son . This duty cannot on its
own satisfy the eligibility requirements of the EU Settlement Scheme for a
person with a Zambrano right to reside, but in assessing your application, the
child’s best interests have been a primary consideration.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also
known as indefinite leave to enter or remain) or pre-settled status (also known
as limited leave to enter or remain) under the EU Settlement Scheme.
Unfortunately, based on the information and evidence provided or otherwise
available, and for the reasons set out in this letter, you do not meet the
requirements.
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.
ICD.5298 2 of 3
You have applied under the EU Settlement Scheme as a person with a
Zambrano right to reside on the basis that you are the primary carer of a British
citizen.
To qualify under the EU Settlement Scheme, you need to meet the
requirements that are set out in Appendix EU to the Immigration Rules.
One of the requirements for qualifying for settled or pre-settled status as a
person with a Zambrano right to reside is that you do not already hold leave to
enter or remain in the UK, unless this was granted under the EU Settlement
Scheme.
Our records show that you currently hold leave to remain in the UK valid until 19
November 2021. This leave was granted Appendix FM of the Immigration
Rules, not under the EU Settlement Scheme. This means you cannot qualify as
a person with a Zambrano right to reside.
As your existing leave to enter or remain means your application cannot
succeed, we have not considered the rest of your application.
We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.
Next steps
If you have additional information or evidence that shows you meet the
requirements, you can make another application to the EU Settlement Scheme
at any time online at: https://apply-for-eu-settled-status.homeoffice.gov.uk.
Applications are free of charge and you have until 30 June 2021 to reapply.
If you wish to re-apply as a person with a derivative right to reside, you will need
to call the EU Settlement Resolution Centre to request another paper
application form. Their contact information can be found at www.gov.uk/contactukvi-inside-outside-u ... led-status.
If you wish to apply on another basis, you may be able to apply online at applyfor-eu-settled-status.homeoffice.gov.uk. You can find out more about the
requirements at www.gov.uk/settled-status-eu-citizens-f ... ligibility.
ICD.5298 3 of 3
Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published guidance, or where you
have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to
apply for an administrative review.
Information on how to apply for an administrative review, the process and the
fees payable are all available online at: www.gov.uk/guidance/eu-settlementscheme ... ive-review.
The administrative review application form is available online at: https://visasimmigration.service.gov.uk ... min-review.
If you have any questions or would like to discuss this letter, details on
contacting us can be found on our website:
https://eu-settled-status-enquiries.ser ... v.uk/start.
Yours sincerely,
EU Settlement Scheme
On behalf of the Secretary of State
Data protection
The Data Protection Act 2018 governs how we use personal dat

askme234

There are 2 things you can do.

1. Do Drf1 application and wait for a refused decision. With this, you stand a chance of having Zambrano EEA Derivative.

2. Allow your 2.5 to expire in November then reapply.

NB: AR is waste of money and would be refused again.
Your EU settlement scheme success depends on DRF1 application.

The Drf1 is £65 .

[askme234]

@ Snooky

Thank you very much for your response. Highly appreciated!

I've applied for the AR already as i was panicking i would ran out of time. Though,i know now the chance of success is very slim.

I'm going to follow your advice and apply for the DRF1 application next week. I will keep you updated with the progress of things .

Once again, Snooky, many thanks for your help!

[askme234]

@Snooky

Just a quick update since we last spoke.

DRF1 application sent yesterday.

Still awaiting on the AR decision.

I will keep you updated as i have more information.

Many thanks!

[askme234]

@snooky

COA and letter to go for Biometric received for the DFR1 last week.

AR decision received below;

Thank you for your application for an administrative review of the decision of 11 June
2020 on your application under the EU Settlement Scheme.
Your application for an administrative review has been unsuccessful

I have carefully reviewed the original decision and found that it was correct. That
original decision has therefore been maintained.

Reasons why your application for administrative review was unsuccessful
Based on the information available, you do not meet the requirements for settled/presettled status under the EU Settlement Scheme.

The reasons given in the original
decision were correct and continue to apply.

One of the requirements for qualifying for settled or pre-settled status as a person
with a Zambrano right to reside is that you do not already hold leave to enter or
remain in the UK, unless this was granted under the EU Settlement Scheme.

Our records show that you currently hold leave to remain in the UK valid until 19
November 2021.

This leave was granted under Appendix FM of the Immigration
Rules, not under the EU Settlement Scheme.
This means you cannot qualify as a
person with a Zambrano right to reside. Therefore, the original decision to refuse
your application as a person with a Zambrano right to reside was correct.

Within your administrative review you state that you met all of the criteria as a person
with a Zambrano right to reside as stated in EU law and Appendix EU. You state that
a refusal on the basis that you currently have leave to remain is not justified under
EU law. You have referred to the following EEA Regulations 2016 16 (1), (5) and (6)
which relates to derivative rights to reside under the EEA regulations. However, you
have made an application under the EU Settlement Scheme and you must therefore
meet the requirements of Appendix EU. Annex 1 to Appendix EU clearly defines a
person with a Zambrano right to reside as someone who does not currently hold
leave to enter or remain elsewhere within the Immigration Rules. Therefore, as
detailed above as you already have leave granted under Appendix FM and not under
the EU Settlement Scheme, you cannot qualify as a person with a Zambrano right to
reside.
You refer to Article 20 of the TFEU Regulations 2016. Article 20 establishes the
concept of citizenship as applicant’s holding the nationality of a member state being a
citizen of the Union. However, this would not apply to your case as you do not hold
the nationality of a member state. Additionally, as your child is a British Citizen and
you have extant leave, you can both continue to reside in the United Kingdom and
would not be required to leave.

You raise the case law of Patel v SSHD 16 December 2019, which relates to the
issue of compulsion in relation to a Union citizen being compelled to leave the Union
by the third country nationals’ departure from the Union. However, this case law
would not apply to your circumstances, as stated above you have extant leave and
therefore would not be required to leave the United Kingdom.
You have also raised the case law of Zambrano C34/9. This concluded that Article 20
of the TFEU should be interpreted as precluding a member state from refusing a third
country national who is the primary carer of an EU national child a right of residence
in the Member State of residence and nationality of those children, if a refusal to
would result in the EU national being forced to leave the EU. However, this would not
be applicable to your case as you have extant leave until 19 November 2021 and
therefore you would not be forced to leave the United Kingdom.
You also rely on the case law of Sanneh v SSHD which is regarding the entitlement
to benefits of persons with a Zambrano right to reside. However, as you have been
granted leave under Appendix FM and not as a person with a Zambrano right to
reside this case law is not relevant to your case.

You also refer to Article 3 of the UNCRC. However, it is considered that the original
caseworker did take into account your child’s best interests.
Within this administrative review and your original decision consideration has been
given to Section 55 of the Borders Citizenship and Immigration Act 2009 (Duty
regarding the Welfare of Children) The duty to have regard to the need to safeguard
and promote the welfare of children requires us to consider the effect on any children
of a decision to refuse leave or remove against the need to maintain the integrity of
the Immigration control. It is noted that you currently have valid leave to remain in
the UK and so can continue to remain in the UK with your child as a family unit.
Therefore, your child’s best interests will continue to be met.
In view of the above, you do not meet the requirements for either pre-settled status
under EU14 or settled status under EU11 of Appendix EU to the immigration Rules.
The original decision to refuse your application for this reason and therefore in line
with EU6 of Appendix EU was correct. The original decision has therefore been
maintained.
What this means for you
You do not have a further right to an administrative review of this decision.
If you have additional information or evidence that shows you meet the requirements,
you can make another application under the EU Settlement Scheme at any time
online at: https://apply-for-eu-settled-status.homeoffice.gov.uk. Applications are free
of charge and you have until 30 June 2021 to apply. You will need to provide any
evidence requested.

[snooky]

@snooky

COA and letter to go for Biometric received for the DFR1 last week.

AR decision received below;

Thank you for your application for an administrative review of the decision of 11 June
2020 on your application under the EU Settlement Scheme.
Your application for an administrative review has been unsuccessful

I have carefully reviewed the original decision and found that it was correct. That
original decision has therefore been maintained.

Reasons why your application for administrative review was unsuccessful
Based on the information available, you do not meet the requirements for settled/presettled status under the EU Settlement Scheme.

The reasons given in the original
decision were correct and continue to apply.

One of the requirements for qualifying for settled or pre-settled status as a person
with a Zambrano right to reside is that you do not already hold leave to enter or
remain in the UK, unless this was granted under the EU Settlement Scheme.

Our records show that you currently hold leave to remain in the UK valid until 19
November 2021.

This leave was granted under Appendix FM of the Immigration
Rules, not under the EU Settlement Scheme.
This means you cannot qualify as a
person with a Zambrano right to reside. Therefore, the original decision to refuse
your application as a person with a Zambrano right to reside was correct.

Within your administrative review you state that you met all of the criteria as a person
with a Zambrano right to reside as stated in EU law and Appendix EU. You state that
a refusal on the basis that you currently have leave to remain is not justified under
EU law. You have referred to the following EEA Regulations 2016 16 (1), (5) and (6)
which relates to derivative rights to reside under the EEA regulations. However, you
have made an application under the EU Settlement Scheme and you must therefore
meet the requirements of Appendix EU. Annex 1 to Appendix EU clearly defines a
person with a Zambrano right to reside as someone who does not currently hold
leave to enter or remain elsewhere within the Immigration Rules. Therefore, as
detailed above as you already have leave granted under Appendix FM and not under
the EU Settlement Scheme, you cannot qualify as a person with a Zambrano right to
reside.
You refer to Article 20 of the TFEU Regulations 2016. Article 20 establishes the
concept of citizenship as applicant’s holding the nationality of a member state being a
citizen of the Union. However, this would not apply to your case as you do not hold
the nationality of a member state. Additionally, as your child is a British Citizen and
you have extant leave, you can both continue to reside in the United Kingdom and
would not be required to leave.

You raise the case law of Patel v SSHD 16 December 2019, which relates to the
issue of compulsion in relation to a Union citizen being compelled to leave the Union
by the third country nationals’ departure from the Union. However, this case law
would not apply to your circumstances, as stated above you have extant leave and
therefore would not be required to leave the United Kingdom.
You have also raised the case law of Zambrano C34/9. This concluded that Article 20
of the TFEU should be interpreted as precluding a member state from refusing a third
country national who is the primary carer of an EU national child a right of residence
in the Member State of residence and nationality of those children, if a refusal to
would result in the EU national being forced to leave the EU. However, this would not
be applicable to your case as you have extant leave until 19 November 2021 and
therefore you would not be forced to leave the United Kingdom.
You also rely on the case law of Sanneh v SSHD which is regarding the entitlement
to benefits of persons with a Zambrano right to reside. However, as you have been
granted leave under Appendix FM and not as a person with a Zambrano right to
reside this case law is not relevant to your case.

You also refer to Article 3 of the UNCRC. However, it is considered that the original
caseworker did take into account your child’s best interests.
Within this administrative review and your original decision consideration has been
given to Section 55 of the Borders Citizenship and Immigration Act 2009 (Duty
regarding the Welfare of Children) The duty to have regard to the need to safeguard
and promote the welfare of children requires us to consider the effect on any children
of a decision to refuse leave or remove against the need to maintain the integrity of
the Immigration control. It is noted that you currently have valid leave to remain in
the UK and so can continue to remain in the UK with your child as a family unit.
Therefore, your child’s best interests will continue to be met.
In view of the above, you do not meet the requirements for either pre-settled status
under EU14 or settled status under EU11 of Appendix EU to the immigration Rules.
The original decision to refuse your application for this reason and therefore in line
with EU6 of Appendix EU was correct. The original decision has therefore been
maintained.
What this means for you
You do not have a further right to an administrative review of this decision.
If you have additional information or evidence that shows you meet the requirements,
you can make another application under the EU Settlement Scheme at any time
online at: https://apply-for-eu-settled-status.homeoffice.gov.uk. Applications are free
of charge and you have until 30 June 2021 to apply. You will need to provide any
evidence requested.

Very interesting.

HO is not denying that you qualify under regulations in red You have referred to the following EEA Regulations 2016 16 (1), (5) and (6)
which relates to derivative rights to reside under the EEA regulations

So all what they are saying is that Appendix EU says you should not have leave under appendix fm to apply for the settlement scheme.

They acknowledge all what you have as a valid point but still uses appendix eu to justify their refusal.

This appendix eu has lost faith within the EU27 members because HO has backtracked within the original Withdrawal Agreement.

Though Zambrano and Derivatives were not initially part of the HO negotiations, as far as eu derive right is enshrined within the eu charter and Article, this is just a breach and discrimination against other people.

So thinking deep within what is here, they the HO is say in a different note that you could successful succeed an Application Under EEA DRF1 Zambrano

Their argument wouldn't stand at the court as appendix EU should work in line within the Withdrawal Agreement.

This is why they are not given any one the chance to go for FTT

[snooky]

@snooky

COA and letter to go for Biometric received for the DFR1 last week.

AR decision received below;

Thank you for your application for an administrative review of the decision of 11 June
2020 on your application under the EU Settlement Scheme.
Your application for an administrative review has been unsuccessful

I have carefully reviewed the original decision and found that it was correct. That
original decision has therefore been maintained.

Reasons why your application for administrative review was unsuccessful
Based on the information available, you do not meet the requirements for settled/presettled status under the EU Settlement Scheme.

The reasons given in the original
decision were correct and continue to apply.

One of the requirements for qualifying for settled or pre-settled status as a person
with a Zambrano right to reside is that you do not already hold leave to enter or
remain in the UK, unless this was granted under the EU Settlement Scheme.

Our records show that you currently hold leave to remain in the UK valid until 19
November 2021.

This leave was granted under Appendix FM of the Immigration
Rules, not under the EU Settlement Scheme.
This means you cannot qualify as a
person with a Zambrano right to reside. Therefore, the original decision to refuse
your application as a person with a Zambrano right to reside was correct.

Within your administrative review you state that you met all of the criteria as a person
with a Zambrano right to reside as stated in EU law and Appendix EU. You state that
a refusal on the basis that you currently have leave to remain is not justified under
EU law. You have referred to the following EEA Regulations 2016 16 (1), (5) and (6)
which relates to derivative rights to reside under the EEA regulations. However, you
have made an application under the EU Settlement Scheme and you must therefore
meet the requirements of Appendix EU. Annex 1 to Appendix EU clearly defines a
person with a Zambrano right to reside as someone who does not currently hold
leave to enter or remain elsewhere within the Immigration Rules. Therefore, as
detailed above as you already have leave granted under Appendix FM and not under
the EU Settlement Scheme, you cannot qualify as a person with a Zambrano right to
reside.
You refer to Article 20 of the TFEU Regulations 2016. Article 20 establishes the
concept of citizenship as applicant’s holding the nationality of a member state being a
citizen of the Union. However, this would not apply to your case as you do not hold
the nationality of a member state. Additionally, as your child is a British Citizen and
you have extant leave, you can both continue to reside in the United Kingdom and
would not be required to leave.

You raise the case law of Patel v SSHD 16 December 2019, which relates to the
issue of compulsion in relation to a Union citizen being compelled to leave the Union
by the third country nationals’ departure from the Union. However, this case law
would not apply to your circumstances, as stated above you have extant leave and
therefore would not be required to leave the United Kingdom.
You have also raised the case law of Zambrano C34/9. This concluded that Article 20
of the TFEU should be interpreted as precluding a member state from refusing a third
country national who is the primary carer of an EU national child a right of residence
in the Member State of residence and nationality of those children, if a refusal to
would result in the EU national being forced to leave the EU. However, this would not
be applicable to your case as you have extant leave until 19 November 2021 and
therefore you would not be forced to leave the United Kingdom.
You also rely on the case law of Sanneh v SSHD which is regarding the entitlement
to benefits of persons with a Zambrano right to reside. However, as you have been
granted leave under Appendix FM and not as a person with a Zambrano right to
reside this case law is not relevant to your case.

You also refer to Article 3 of the UNCRC. However, it is considered that the original
caseworker did take into account your child’s best interests.
Within this administrative review and your original decision consideration has been
given to Section 55 of the Borders Citizenship and Immigration Act 2009 (Duty
regarding the Welfare of Children) The duty to have regard to the need to safeguard
and promote the welfare of children requires us to consider the effect on any children
of a decision to refuse leave or remove against the need to maintain the integrity of
the Immigration control. It is noted that you currently have valid leave to remain in
the UK and so can continue to remain in the UK with your child as a family unit.
Therefore, your child’s best interests will continue to be met.
In view of the above, you do not meet the requirements for either pre-settled status
under EU14 or settled status under EU11 of Appendix EU to the immigration Rules.
The original decision to refuse your application for this reason and therefore in line
with EU6 of Appendix EU was correct. The original decision has therefore been
maintained.
What this means for you
You do not have a further right to an administrative review of this decision.
If you have additional information or evidence that shows you meet the requirements,
you can make another application under the EU Settlement Scheme at any time
online at: https://apply-for-eu-settled-status.homeoffice.gov.uk. Applications are free
of charge and you have until 30 June 2021 to apply. You will need to provide any
evidence requested.

Very interesting.

HO is not denying that you qualify under regulations in red You have referred to the following EEA Regulations 2016 16 (1), (5) and (6)
which relates to derivative rights to reside under the EEA regulations

So all what they are saying is that Appendix EU says you should not have leave under appendix fm to apply for the settlement scheme.

They acknowledge all what you have as a valid point but still uses appendix eu to justify their refusal.

This appendix eu has lost faith within the EU27 members because HO has backtracked within the original Withdrawal Agreement.

Though Zambrano and Derivatives were not initially part of the HO negotiations, as far as eu derive right is enshrined within the eu charter and Article, this is just a breach and discrimination against other people.

So thinking deep within what is here, they the HO is say in a different note that you could successful succeed an Application Under EEA DRF1 Zambrano

Their argument wouldn't stand at the court as appendix EU should work in line within the Withdrawal Agreement.

This is why they are not given any one the chance to go for FTT

Hi

Please post here

https://www.immigrationboards.com/eea-r ... l#p1913187