Zambrano Settled Status EU settlement scheme Paper Application Form

[snooky]

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

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

 

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

 

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

 

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

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

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

 

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

 

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

 

Marriage cert, birth cert etc"

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

 

nilemarques

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

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

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

I may be wrong but give us more information

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

Tala

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

Hello Nilemarques

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

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

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

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

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

Big ups

[ruona]

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

[nilemarques]

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

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

 

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

 

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

 

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

 

- Their EU Settlement Scheme reference number or

- Their valid EU passport or

- Their valid EU national identity card

 

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

 

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

 

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

 

Marriage cert, birth cert etc"

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

 
[/quote]

nilemarques

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

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

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

I may be wrong but give us more information

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

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

Hello Nilemarques

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

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

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

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

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

Big ups
[/quote]

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

[alana7]

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

Alana7

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

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

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


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

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

Thanks for the infomation.

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

Sorry

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

[Obie]

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

[snooky]

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

Hi Obie

Well done for taken Home Office on.

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

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

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

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

Congrat

[snooky]

nilemarques

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

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

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

I may be wrong but give us more information

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

Tala

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

Hello Nilemarques

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

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

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

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

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

Big ups

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

Nilemarques Sup

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

[Koignbi]

Hi Everyone,

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

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

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

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

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

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

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

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

[Obie]

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

[Koignbi]

That's my concern!

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

[Obie]

Make a new application. Always sensible to appeal.

[Koignbi]

Make a new application. Always sensible to appeal.

That’s an option.

But want to explore the appeal option if I can confirm; if the appeal is not accepted I don’t have to pay.

[Obie]

You will have to pay, for your extension of time request to be considered by a judge. Unless a fee is paid, your appeal will not be considered.

You may apply for paper and upgrade to oral if an extension of time is granted.

[Koignbi]

You will have to pay, for your extension of time request to be considered by a judge. Unless a fee is paid, your appeal will not be considered.

You may apply for paper and upgrade to oral if an extension of time is granted.

How do you file a notice out of time?

[Phama]

Hi

I’m a mother of two British daughters and married to a British man but we’ve been living in Belgium as he works there. We’re in the process of separating and I just got a Uk visitor’s visa and currently in the UK with my daughters at a friend’s place. I called the eu settle scheme resolution center and the Zambrano form was sent to me. Now my question is, is there a likelihood that I’ll be granted right to reside in the uk as mother of British citizens and no longer together with their father ( he also does think it’s best the kids stay in the uk with me as he cannot leave his job in Belgium)
And how will I need to prove being sole Carer of my kids from now on, even though their father will provide financial assistance for them as I’m just moving to Uk now and Ll take time to settle down.
The kids are 2 yrs 6mths and 1yr of age

[mubashir1981]

Hi Everyone,

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

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

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

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

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

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

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

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

Do u and ur partner both have no leave to remain?

[Koignbi]

Hi Everyone,

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

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

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

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

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

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

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

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

Do u and ur partner both have no leave to remain?

We are 3rd country nationals and currently hold no valid leave since our Derivative residence (Zambrano) expired in May2019. We have no leave to remain.

[mubashir1981]

Hi snooky
Hope u r good
How did HO tried to issue ltr to u if u have never applied one how did u come to know tgis that they tried.
Have u received ur new drv card or not i am still waiting for biomatric its about 4 weeks how long it takes to issue that one?
I am sure they gone refuse so i might need ur solicitor detail at later stage.

[mubashir1981]

Hi Everyone,

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

To cut a long story short; I held a Derivative right

Do u and ur partner both have no leave to remain?

We are 3rd country nationals and currently hold no valid leave since our Derivative residence (Zambrano) expired in May2019. We have no leave to remain.

Then since ur child registered as BC. And u have completely 5 years on 1st may 2019 u qualify for ind leave to remain. Not too worry for u even patel vs whatever.

[mubashir1981]

Hi Everyone,

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

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

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

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

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

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

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

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

Do u and ur partner both have no leave to remain?

We are 3rd country nationals and currently hold no valid leave since our Derivative residence (Zambrano) expired in May2019. We have no leave to remain.

Paragraph 78.I would wish to emphasise that consideration of the respect for family life (whether considered under Article 8 ECHR or Article 7 of the Charter), although a relevant factor, cannot be a trump card enabling a court or tribunal to conclude that a child will be compelled to leave because Article 8 (or Article 7) are engaged and family life will be diminished by the departure of one parent. Family life will be diminished by the departure of one parent in the great majority of cases. The question remains whether, all things considered, the departure of the parent will mean the child will be compelled to follow.
It clearly relates to where one of the parent is British citizen. Dont no why HO applying this where both parents have no leave to remain.

[snooky]

Hi Everyone,

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

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

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

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

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

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

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

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

Hi Koignbi

You can do appeal if there was a perculiar situation which made you delay appealing.

My advice is

Re do your Zambrano and if it fails again, then you take the opportunity to appeal.

I can send to you copy of my statement both the Judge and barrister and myself for you to use for a new Zambrano derivative application

Nice day

[mubashir1981]

Hi Everyone,

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

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

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

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

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

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

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

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

Hi Koignbi

You can do appeal if there was a perculiar situation which made you delay appealing.

My advice is

Re do your Zambrano and if it fails again, then you take the opportunity to appeal.

I can send to you copy of my statement both the Judge and barrister and myself for you to use for a new Zambrano derivative application

Nice day

Snooky i alreday made drv application can i not use this for my application or this could only b used on time of apeal.
Thanks

[snooky]

Hi snooky
Hope u r good
How did HO tried to issue ltr to u if u have never applied one how did u come to know tgis that they tried.
Have u received ur new drv card or not i am still waiting for biomatric its about 4 weeks how long it takes to issue that one?
I am sure they gone refuse so i might need ur solicitor detail at later stage.

Oh hi mubashir1981

Keep Waiting and you would be doing your biomatric soon. Home Office is stretch.

I am still waiting for their implementation letter. This stuff takes time. As far as 14 days window period gone already and never had a letter saying Home Office is appealing against the Judges decision, I am cool with it.

To my settled status application also, they have written saying that there is an internal enquires been carried out and soon they are going to make a decision.

I am Waiting Fam.

The good news is I still have my derivative right and has been confer back to me by the Court. Home Office got nothing to do either implement the Judges decision.

I dont think I have ever made such statement. (How did HO tried to issue ltr to u if u have never applied)

You probably got a mix up mix up

[snooky]

Hi Everyone,

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

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

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

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

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

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

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

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

Hi Koignbi

You can do appeal if there was a perculiar situation which made you delay appealing.

My advice is

Re do your Zambrano and if it fails again, then you take the opportunity to appeal.

I can send to you copy of my statement both the Judge and barrister and myself for you to use for a new Zambrano derivative application

Nice day

Snooky i alreday made drv application can i not use this for my application or this could only b used on time of apeal.
Thanks

Fam

These are arguments and legal base for Home Office to grant to you your Zambrano residence. It could be used vis-a-vis

Anyway wait for your response from the Home Office.
Tala

[mubashir1981]

Hi
My drv application has been rejected as they said u have submitted expired passport with it. My valid id card already with home office and i am unable to renew my passport as i have no valid leave to remain what i can do now.