Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Wizzyjay]

But lulubaby. Did u have any form of status before applying? When did u do the application? Can u tell us the journey plse?

[snooky]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Awww lulubaby, finally the battle is ended. You and your family are free forever.

But you have to appeal for against the Limited leave given. HO is a sham.

Congratulations

[snooky]

@LULUBABY

If I can remember, you have spent time as a qualifying person before you became a family member


That means sennah vs sshd should have been used

[Ngoo]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Congratulations Lulubaby! Thank you Jesus. It been a long time coming and you can finally have some chilled time and enjoy the benefits of your hard work. I am so happy for you. @snooky, God has done it again o Chineke Dalu

[LULUBABY]

@LULUBABY

If I can remember, you have spent time as a qualifying person before you became a family member


That means sennah vs sshd should have been used

Yes Snooky.

I already spent 4years and 11months as a qualifying person.

[LULUBABY]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Congratulations Lulubaby! Thank you Jesus. It been a long time coming and you can finally have some chilled time and enjoy the benefits of your hard work. I am so happy for you. @snooky, God has done it again o Chineke Dalu

Ngo, mmmhhhh leave matter ooooo. I am still in shock. I don’t even know what to say.

[kamlesh12]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Congratulations Lulubaby!
Please can you explain how about what visa you have and when visa expires and when did you apply how long you wait please

[Lagosbos]

@LULUBABY

If I can remember, you have spent time as a qualifying person before you became a family member


That means sennah vs sshd should have been used

Yes Snooky.

I already spent 4years and 11months as a qualifying person.

Snooky, I see what HO is doing now is to exclude time spent on LTR when counting the time that qualifies as a continuous period. I'm not surprised as they have previously mentioned the same thing in one of their emails to me that I shared on this forum. Lulubaby was quite fortunate that her leave had expired before the exit. Otherwise, they would have come back with a different message. It would be interesting to see how they deal with applications for people who had LTR past the exit day. It all boils down to the fact that they feel LTR and Zambrano can't co-exist and Judge Mostyn has addressed that.

[Lagosbos]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Congratulations Lulubaby! Thank you Jesus. It been a long time coming and you can finally have some chilled time and enjoy the benefits of your hard work. I am so happy for you. @snooky, God has done it again o Chineke Dalu

Ngo, mmmhhhh leave matter ooooo. I am still in shock. I don’t even know what to say.

It takes a while to sink in. When you reflect on the journey, you will realise how much emotional and mental torture we have all gone through in this process. I'm sure you couldn't sleep in the first few days.

[ojoke2020]

This letter is your written notification of leave, which you may wish to keep for your personal records, but it is not proof of your status and cannot be used to prove your status to others.
Instead, you can view your status online, via the ‘view and prove your immigration status’ service: www.gov.uk/view-prove-immigration-status. This online service provides a secure record of your immigration status which is held digitally by the Home Office and which is available to you at all times.
If you remain in the UK, you will qualify for settled status as soon as you have been continuously resident in the UK for five years and meet the relevant conditions as set out here: www.gov.uk/settled-status-eu-citizens-families/what- youll-need-to-apply.
You can spend up to two years in a row outside the UK without losing your status (unless you are overseas on Crown Service or as a member of HM Forces, or you are the eligible family member accompanying such a person, in which case there is no limit on how long you can remain outside the UK without losing your status).
However, you will need to maintain your continuous residence in the UK if you want to qualify for settled status – you can find out more about continuous residence here: www.gov.uk/settled-status-eu-citizens-f ... t-settled- and-presettled-status-means.
Your pre-settled status does not expire until 29 July 2027 but you can apply for settled status as soon as you qualify for it.
What this means for you
 You have permission to stay in the UK for five years from the date of this letter.
 You can apply for settled status under the EU Settlement Scheme as soon as you are eligible for it. This is usually when you have completed five years’ continuous residence in the UK and could be sooner than the expiry of your pre-settled status depending on how long you have lived continuously in the UK.
 Your absence from the UK for more than six months may affect your eligibility for settled status, so you should read the attached ‘important information’ carefully.
 The deadline for applying for settled status is the date by which your pre- settled status expires.
 The application process is the same as you have used for this application. You do not need to upload the same evidence again, just any new evidence that shows you are now eligible for settled status.
 Applications for settled status are free.
More information on the qualifying criteria for the EU Settlement Scheme can be found at: www.gov.uk/eusettlementscheme.

@LULUBABY, Congratulation to emotional gentle lioness! This is Lord's doing, and it is marvellous in our eyes. I also so big THANKS to our Head Coach @SNOOKY cos this victory is yours.

[Miss-Suz]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Awwwwwww my Loooorrrrrrrrddddd!!!!!
I have no words sis

[Miss-Suz]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

The Lord is great! Finally oooohhhh !!!
Congratulations my dear sis Lulubaby!

[Miss-Suz]

Congrats Lulubaby, Its been a long time coming and you can finally have some peace of mind. I would have thought you were due for settled status? Congrats all the same you are still right on track. Miss-Suz and others to follow soon by his grace.

Amennnnnn Thank so much Lagosbos

[LULUBABY]

This letter is your written notification of leave, which you may wish to keep for your personal records, but it is not proof of your status and cannot be used to prove your status to others.
Instead, you can view your status online, via the ‘view and prove your immigration status’ service: www.gov.uk/view-prove-immigration-status. This online service provides a secure record of your immigration status which is held digitally by the Home Office and which is available to you at all times.
If you remain in the UK, you will qualify for settled status as soon as you have been continuously resident in the UK for five years and meet the relevant conditions as set out here: www.gov.uk/settled-status-eu-citizens-families/what- youll-need-to-apply.
You can spend up to two years in a row outside the UK without losing your status (unless you are overseas on Crown Service or as a member of HM Forces, or you are the eligible family member accompanying such a person, in which case there is no limit on how long you can remain outside the UK without losing your status).
However, you will need to maintain your continuous residence in the UK if you want to qualify for settled status – you can find out more about continuous residence here: www.gov.uk/settled-status-eu-citizens-f ... t-settled- and-presettled-status-means.
Your pre-settled status does not expire until 29 July 2027 but you can apply for settled status as soon as you qualify for it.
What this means for you
 You have permission to stay in the UK for five years from the date of this letter.
 You can apply for settled status under the EU Settlement Scheme as soon as you are eligible for it. This is usually when you have completed five years’ continuous residence in the UK and could be sooner than the expiry of your pre-settled status depending on how long you have lived continuously in the UK.
 Your absence from the UK for more than six months may affect your eligibility for settled status, so you should read the attached ‘important information’ carefully.
 The deadline for applying for settled status is the date by which your pre- settled status expires.
 The application process is the same as you have used for this application. You do not need to upload the same evidence again, just any new evidence that shows you are now eligible for settled status.
 Applications for settled status are free.
More information on the qualifying criteria for the EU Settlement Scheme can be found at: www.gov.uk/eusettlementscheme.

@LULUBABY, Congratulation to emotional gentle lioness! This is Lord's doing, and it is marvellous in our eyes. I also so big THANKS to our Head Coach @SNOOKY cos this victory is yours.

Thank you so much. Honestly if not for Snooky, how would we ever have made the effort?.

[LULUBABY]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

Awwwwwww my Loooorrrrrrrrddddd!!!!!
I have no words sis

Honestly Miss-Suz. Honestly.

[LULUBABY]

Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under paragraph EU3 of Appendix EU to the Immigration Rules. This is also referred to as pre-settled status.
If you were in the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law.
You can (as set out in the important information below):
 work in the UK
 use the NHS
 study in the UK
 access public funds such as benefits and pensions, if you are eligible for
them
 travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above. Read the section below entitled important information to find out more about viewing your status online, including how to share it with others, and about your status and rights, including your right to work and to access benefits and services.

The Lord is great! Finally oooohhhh !!!
Congratulations my dear sis Lulubaby!

Thank you so much. Don’t worry, you will soon get your positive decision.

[forney-again]

The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had an EU law right to reside in the UK as a Zambrano primary carer, in line with the originally stated policy intention. She therefore intends to maintain the requirement in sub-paragraph (b) of the definition that the applicant did not, by the end of the transition period and during the relevant period relied upon, have leave to enter or remain in the UK (unless this was under the EUSS).

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 Home Office updated their guidance to say you had to have been a Zambrano carer by the end of the transition period.

The question of when does a Zambrano status arise?

This question is separate from when does a Zambrano right become extinguished?

The Court of Appeal says the Zambrano right will not "arise" if you already have limited leave to remain under Appendix FM, at the time you apply for a Zambrano status.

Does the Court of Appeal say that if you are a Zambrano carer, and then obtain limited leave under Appendix FM at a later date, that the Zambrano right is extinguished??

In other words, do you lose your Zambrano status if you get limited leave to remain under Appendix FM?

I could be wrong, but it seems the Court of Appeal accepts that your Zambrano status remains force.

If the Court of Appeal says the Zambrano status remains in force, then the Home Office would be wrong to refuse the applicant under the EU Settlement Scheme.

[Wishfulgirl]

The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had an EU law right to reside in the UK as a Zambrano primary carer, in line with the originally stated policy intention. She therefore intends to maintain the requirement in sub-paragraph (b) of the definition that the applicant did not, by the end of the transition period and during the relevant period relied upon, have leave to enter or remain in the UK (unless this was under the EUSS).

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 Home Office updated their guidance to say you had to have been a Zambrano carer by the end of the transition period.

The question of when does a Zambrano status arise?

This question is separate from when does a Zambrano right become extinguished?

The Court of Appeal says the Zambrano right will not "arise" if you already have limited leave to remain under Appendix FM, at the time you apply for a Zambrano status.

Does the Court of Appeal say that if you are a Zambrano carer, and then obtain limited leave under Appendix FM at a later date, that the Zambrano right is extinguished??

In other words, do you lose your Zambrano status if you get limited leave to remain under Appendix FM?

I could be wrong, but it seems the Court of Appeal accepts that your Zambrano status remains force.

If the Court of Appeal says the Zambrano status remains in force, then the Home Office would be wrong to refuse the applicant under the EU Settlement Scheme.

This is what I am trying to insert into my appeal. I obtained further leave to remain in 2019 with a expiring date of April 2022. I did not renew the flr and I’m try to note into my skeleton argument why home office decision to declined my EU settlement doesn’t make much sense. Prior to my Further leave to remain I obtained the Family member have a EEA national status on my arrival to the Uk. This was valid from 2011 to 2016. This was never renewed due to EEA sponsor dying. As a result, I had no status since 2016 all the way up until 2019 when the limited leave to remain was issued. However, during the course of 2013 - 2019 I was a Zambrano carer for my eldest British child. Home office is now saying because of the limit leave to remain which was granted in 2019 which expired in April 2022 of this year. They are rejecting my application on that basis. This is despite knowing I did not renew my leave to remain rendering me with no legal status & 4 British children.

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 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.
The reason for this is that, at the specified date set out above and at the date of aplication, 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 10 October 2019 valid until 9 April 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.
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.




Now, I have no experience with an appeal, I a have a draft copy of snooky appeal for my skeleton argument but I feel I need to add the case law which is more relevant to home office new guidance which I can use to argue my appeal within my skeleton argument. However I am struggling to do so with no knowledge of this sort of thing. My appeal needs to be made by tomorrow and I am at lost with what to do. Help anyone? Anything that’s relevant I can add to my skeleton argument that’s relevant to my case and home office decision?

[forney-again]

The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had an EU law right to reside in the UK as a Zambrano primary carer, in line with the originally stated policy intention. She therefore intends to maintain the requirement in sub-paragraph (b) of the definition that the applicant did not, by the end of the transition period and during the relevant period relied upon, have leave to enter or remain in the UK (unless this was under the EUSS).

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 Home Office updated their guidance to say you had to have been a Zambrano carer by the end of the transition period.

The question of when does a Zambrano status arise?

This question is separate from when does a Zambrano right become extinguished?

The Court of Appeal says the Zambrano right will not "arise" if you already have limited leave to remain under Appendix FM, at the time you apply for a Zambrano status.

Does the Court of Appeal say that if you are a Zambrano carer, and then obtain limited leave under Appendix FM at a later date, that the Zambrano right is extinguished??

In other words, do you lose your Zambrano status if you get limited leave to remain under Appendix FM?

I could be wrong, but it seems the Court of Appeal accepts that your Zambrano status remains force.

If the Court of Appeal says the Zambrano status remains in force, then the Home Office would be wrong to refuse the applicant under the EU Settlement Scheme.

This is what I am trying to insert into my appeal. I obtained further leave to remain in 2019 with a expiring date of April 2022. I did not renew the flr and I’m try to note into my skeleton argument why home office decision to declined my EU settlement doesn’t make much sense. Prior to my Further leave to remain I obtained the Family member have a EEA national status on my arrival to the Uk. This was valid from 2011 to 2016. This was never renewed due to EEA sponsor dying. As a result, I had no status since 2016 all the way up until 2019 when the limited leave to remain was issued. However, during the course of 2013 - 2019 I was a Zambrano carer for my eldest British child. Home office is now saying because of the limit leave to remain which was granted in 2019 which expired in April 2022 of this year. They are rejecting my application on that basis. This is despite knowing I did not renew my leave to remain rendering me with no legal status & 4 British children.

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 18 May 2014 and 11 August 2021. However, you did not meet the definition throughout this period.
The reason for this is that, at the specified date set out above and at the date of aplication, 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 10 October 2019 valid until 9 April 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.
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.




Now, I have no experience with an appeal, I a have a draft copy of snooky appeal for my skeleton argument but I feel I need to add the case law which is more relevant to home office new guidance which I can use to argue my appeal within my skeleton argument. However I am struggling to do so with no knowledge of this sort of thing. My appeal needs to be made by tomorrow and I am at lost with what to do. Help anyone? Anything that’s relevant I can add to my skeleton argument that’s relevant to my case and home office decision?

EEA family member from 2011 to 2016
Zambrano from 2013 - 2019
Appendix FM from 2019 - April 2022



I am not sure your EEA status ended when your sponsor died. Did you apply for special consideration? Did you talk to a solicitor? You may be able to claim EU Settlement under EEA.

If the Home Office had been honest, people would not have applied for LTR under Appendix FM. Their silence on what the rules would be effectively tricked Zambrano carers into applying under Appendix FM. It's disgusting, really.

Did you apply for a derivative residence card to show you were a Zambrano carer prior to December 2020? Or, did you make an application as a Zambrano carer under the EU Settlement Scheme prior to December 2020?

If you at least put in an application, you essentially declared yourself a Zambrano carer. You have 14 days after you submit your appeal to add more documents. You just have to try to get something decent in by the deadline.

If so, a key point is that by December 2020, you had achieved 5 years as a Zambrano carer. The Secretary of State said the EU Settlement Scheme was for Zambrano carers. It includes provision for people who were Zambrano carers. It makes no sense for her to ignore the prior time spent as a Zambrano carer.

You should decide what your key arguments are and then add references to court cases that support your arguments.

If you are saying your Zambrano status never ended, then you can quote Mostyn J and even the Court of Appeal.Other barristers and solicitors are arguing this point, anyway.

60. Para. 10 of the Guidance issued to UK Border Agency staff at the time of the 2012 amendments reads:
"Where someone has limited leave (and so is not listed as one of the exempt categories above) and can demonstrate they meet all other requirements of Regulation 15A, then they can acquire a derivative right of residence."

67. The passage from the Home Office guidance quoted at para. 60 above establishes beyond doubt that this is not a case of drafting error: the Secretary of State intended persons with limited leave to be entitled to a derivative right to reside, even if that intention may have been based on an erroneous view of what Zambrano required.

The bigger issue is that the Home Office now say,

The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked)

The question ultimately for the Courts, is, What does it mean that people who relied on the 2016 Regulations at the time they made their applications, are now blocked from doing so?

Brexit occurred in 2016. The EU Settlement Scheme was launched for Zambrano carers in summer 2019. In June 2022, the Home Office have completely changed the rules to exclude people who otherwise qualify. Moreover, they allowed others settlement under those same rules. It will be interesting to see how the UK Courts handle basic issues of fairness.

[Lagosbos]

The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had an EU law right to reside in the UK as a Zambrano primary carer, in line with the originally stated policy intention. She therefore intends to maintain the requirement in sub-paragraph (b) of the definition that the applicant did not, by the end of the transition period and during the relevant period relied upon, have leave to enter or remain in the UK (unless this was under the EUSS).

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 Home Office updated their guidance to say you had to have been a Zambrano carer by the end of the transition period.

The question of when does a Zambrano status arise?

This question is separate from when does a Zambrano right become extinguished?

The Court of Appeal says the Zambrano right will not "arise" if you already have limited leave to remain under Appendix FM, at the time you apply for a Zambrano status.

Does the Court of Appeal say that if you are a Zambrano carer, and then obtain limited leave under Appendix FM at a later date, that the Zambrano right is extinguished??

In other words, do you lose your Zambrano status if you get limited leave to remain under Appendix FM?

I could be wrong, but it seems the Court of Appeal accepts that your Zambrano status remains force.

If the Court of Appeal says the Zambrano status remains in force, then the Home Office would be wrong to refuse the applicant under the EU Settlement Scheme.

Forney - Your questions are very valid, and I look forward to asking them at some point during an upper tribunal hearing. Looking at the recent decision that was shared on the forum, I would assume the HO approach is the fact that the period you hold or have held LTR extinguishes your Zambrano right and that both rights can't co-exist. The other question would be what happens to the said Zambrano right prior to the granting of the LTR. Looking from where Zambrano's rights emanated, it is clear under the EEA reg that is a right that is automatically conferred on the family member and carer of a union citizen and an application for proof of those rights is not required.

[forney-again]

The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had an EU law right to reside in the UK as a Zambrano primary carer, in line with the originally stated policy intention. She therefore intends to maintain the requirement in sub-paragraph (b) of the definition that the applicant did not, by the end of the transition period and during the relevant period relied upon, have leave to enter or remain in the UK (unless this was under the EUSS).

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 Home Office updated their guidance to say you had to have been a Zambrano carer by the end of the transition period.

The question of when does a Zambrano status arise?

This question is separate from when does a Zambrano right become extinguished?

The Court of Appeal says the Zambrano right will not "arise" if you already have limited leave to remain under Appendix FM, at the time you apply for a Zambrano status.

Does the Court of Appeal say that if you are a Zambrano carer, and then obtain limited leave under Appendix FM at a later date, that the Zambrano right is extinguished??

In other words, do you lose your Zambrano status if you get limited leave to remain under Appendix FM?

I could be wrong, but it seems the Court of Appeal accepts that your Zambrano status remains force.

If the Court of Appeal says the Zambrano status remains in force, then the Home Office would be wrong to refuse the applicant under the EU Settlement Scheme.

Forney - Your questions are very valid, and I look forward to asking them at some point during an upper tribunal hearing. Looking at the recent decision that was shared on the forum, I would assume the HO approach is the fact that the period you hold or have held LTR extinguishes your Zambrano right and that both rights can't co-exist. The other question would be what happens to the said Zambrano right prior to the granting of the LTR. Looking from where Zambrano's rights emanated, it is clear under the EEA reg that is a right that is automatically conferred on the family member and carer of a union citizen and an application for proof of those rights is not required.

The HO would have to admit that under EU law, the Zambrano right is not extinguished by holding LTR under Appendix FM.

The key is for the Zambrano right to have been acquired first.

(There is another scenario, in which someone acquires LTR under Appendix FM, allowed that to lapse, and applied as a Zambrano carer prior to 31 Dec 2020. But I won't go into that, as I am not sure what the Court of Appeal would say.)

The other issue is Parliament. MPs were clear, that everyone who had a valid status under EU regs prior to 31 Dec 2020, should be able to rely on that status for the EU Settlement Scheme.

What the HO did, was to undermine that intention. They are saying, even if you were a Zambrano carer according to the EU regs as of 31 Dec 2020, we do not recognise it.

In other words, the HO has gone rogue with their latest announcement, in my opinion.

I agree that an application for proof should not be required. I nonetheless suspect Underhill LJ believes that some sort of action to declare yourself as a Zambrano carer, prior to obtaining LTR under Appendix FM, is necessary. Otherwise, every 3rd country national parent of a British child who reached the UK's shores prior to 31 Dec 2020 would be a Zambrano carer. I am guessing the Court of Appeal is trying to avoid that scenario.

HO says Zambrano carers can rely on the period prior to obtaining LTR under Appendix EU, only if they moved into some category that virtually no one moved into. I do not think MPs meant for this rule to happen.

The arguments have moved beyond the typical, "Is this covered by EU law?", to "What does it mean to be a rules based democracy?" Does the UK treat people who have reasonable expectations of a particular outcome, equally and fairly under the law? Or does the UK change the rules on the fly, after excessive delays, to obtain their goals? Under what conditions can the HO publish guidance, only to become more restrictive at a later date?

The Courts invited the HO to clarify their position repeatedly. The Courts did not explain what, if any, rights refused applicants had already acquired. The idea that refused applicants are at the mercy of the Secretary of State, in spite of SSHD's previous announcements, and Parliament's promises, is simply rotten.

[forney-again]

Now, I have no experience with an appeal, I a have a draft copy of snooky appeal for my skeleton argument but I feel I need to add the case law which is more relevant to home office new guidance which I can use to argue my appeal within my skeleton argument. However I am struggling to do so with no knowledge of this sort of thing. My appeal needs to be made by tomorrow and I am at lost with what to do. Help anyone? Anything that’s relevant I can add to my skeleton argument that’s relevant to my case and home office decision?

Just a thought - You may want to explain in your appeal WHY you applied for Appendix FM.

If the only reason you switched to Appendix FM was because you didn't want to be without a valid immigration status, then the judge may see you as someone who would have qualified under the HO's new rules.

I hope the Court realises that the HO tricked people into applying for Appendix FM so that they could later deny them under the EU Settlement Scheme.

[Wishfulgirl]

Now, I have no experience with an appeal, I a have a draft copy of snooky appeal for my skeleton argument but I feel I need to add the case law which is more relevant to home office new guidance which I can use to argue my appeal within my skeleton argument. However I am struggling to do so with no knowledge of this sort of thing. My appeal needs to be made by tomorrow and I am at lost with what to do. Help anyone? Anything that’s relevant I can add to my skeleton argument that’s relevant to my case and home office decision?

Just a thought - You may want to explain in your appeal WHY you applied for Appendix FM.

If the only reason you switched to Appendix FM was because you didn't want to be without a valid immigration status, then the judge may see you as someone who would have qualified under the HO's new rules.

I hope the Court realises that the HO tricked people into applying for Appendix FM so that they could later deny them under the EU Settlement Scheme.

Thank you for your response. I will certainly looked to add this information & your points suggested above. Very appreciated. I wanted to clarify that it’s 2014 not 2013, My mistake. My eldest British child was born 2014. Regarding the EEA sponsor that died, I given advise however, all I have is his death certificate. Home requires information regarding his status prior to his death. Ie, if he was a worker. Self sufficient etc. However, he was retired. He was retired on my arrival to the UK Even prior to me even being issued the EEA family permit. All we have is his death certificate and a EEA family permit to show. We don’t know where to get records to show he was retired at the time of death. Even though, in 2011 we provided these evidence to home office. They very likely will likely need it again. Bank account etc are all closed since he passed in 2015.

As for being the carer of my British child . Home office seem to acknowledge this because they have chosen to refer to my eldest British child’s date of birth , I provide all 3 British children information. The other 2 being younger. However, they seem to think a grant of limited leave to remain cancels any Zambrano right prior to the limited leave being issued. Surely, this can’t be right. Because between May 2014 - May 2019 that is actually 5 years caring for my British child with no limited leave intervening during this course. Are as they call it ( None-Appendix EU leave ) Surely, this can be challenged.

When I contacted Hackney law centre they seem to think I should just renew my limited leave to remain and wait to see what happens with the Akinsaya case. However, how I see it, If home office is trying to use the fact that I had limited leave to remain to reject my application. Surely a renewal of the same limited leave to remain can be challenged as not being entitled to settlement. Home office could appeal & say why is grant to settlement be required if the appellant currently already holds valid leave. As appose to not having any leave, That’s just my analogy, I’m probably very likely Wrong , I don’t know much about these things, I’m not very familiar with it all. I believe I should make the appeal regardless. By the time it’s heard Akinsanya new case will probably be heard.

[Lagosbos]

Wishfulgirl, was your eldest child British at birth? if so, when was your LTR issued?

[Whyworry]

Dear All,

i have received a decision regarding my application this morning ,unfortunately my application has been refused.

Please let me what you guys think i should as i will not give off easily.



EU Settlement Scheme
PO Box 2075
Liverpool

L69 3PG
Tel 0300 123 7379
Web www.gov.uk/settled-status-eu-citizens-families


Application Reference

Date 03 August 2022




Dear xxx

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.

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.

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 xxxx, xxxx, xxxx. 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 primary carer of a British citizen. There are three key elements which must be met:

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

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

you must meet one of the following, either:

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

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

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 23 November 2015 and 23 June 2021. However, you did not meet the definition throughout this period.

The reason for this is that, during the period 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 12 February 2021 valid until 01 September 2023, under Appendix FM of the Immigration Rules. Our records also show that you were granted leave to enter or remain in the UK on 14 April 2018 valid until 14 October 2020, 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.
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:

Supporting documents
Next steps

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: www.visasimmigration.service.gov.uk/pro ... min-review.

You can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.

Information on how to appeal

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.

Information and support on how to appeal, the process, and the fees payable are all available online at www.gov.uk/immigration-asylum-tribunal/overview.

You can get help and advice from:

a solicitor. More information is available at www.gov.uk/find-a-legaladviser
an immigration adviser. More information is available at www.gov.uk/findan-immigration-adviser;
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.

If you are not getting help from a legal representative you can read the guide on representing yourself at www.gov.uk/guidance/unrepresented-appel ... m-tribunal.

If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.

If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:

the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.


If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk: www.gov.uk/contact-ukvi-inside-outside- ... led-status.

Calling from inside the UK: 0300 123 7379.

Calling from outside the UK: +44 203 080 0010.

Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi-inside-outside-uk/y.

Yours sincerely,



EU Settlement Scheme
On behalf of the Secretary of State

Data protection

The UK GDPR and the Data Protection Act 2018 governs how we use personal data.

For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at www.gov.uk/government/publications/pers ... itizenship

This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.

Further information

For further information or if you have any queries, our contact details are on our website: eu-settled-status-enquiries.service.gov.uk/start.