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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

LULUBABY
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Wed Apr 28, 2021 6:53 pm

Please moderators am I allowed to post this:

2. The Respondent notes that this claim raises substantially similar issues to those in a number of other applications for permission to apply for judicial review which are currently before the Administrative Court. The Respondent respectfully requests the Tribunal urgently transfer this claim to the Administrative Court.

3. The Respondent further requests that this matter be stayed pending the determination of the High Court of the judicial review xxxxxxx should this claim be transferred to the Administrative Court.

4. The points of law under consideration in xxxxxxx substantially overlap with those under consideration in this case. The points of law under consideration in xxxxxxxx

a. whether paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as defined in Annex 1 to Appendix EU to the Immigration Rules (that is, the requirement that the applicant not hold leave to enter or remain granted under another Part, or outside, of the Immigration Rules) is required to be consistent with EU law, given the inclusion of such persons in the EU Settlement Scheme is a wholly domestic policy without basis in the Withdrawal Agreement;

b. whether paragraph (b) of the definition is consistent with EU law (if the answer to (i) is that it is required to be), the SSHD’s position being that it is, because an applicant who holds leave to enter or remain in the UK will be unable to demonstrate that the British citizen over whom they exercise a primary care responsibility would be compelled to leave the territory of the UK or EEA (which is a well-established requirement for the existence of a derivative right to reside per the judgment of the Court of Justice of the European Union in Zambrano, and the accompanying suite of jurisprudence and, therefore, under regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016);

c. irrespective of the considerations in (i) and (ii), whether paragraph (b) of the definition is compatible with Articles 8 and 14 of the European Convention on Human Rights; and

d. whether paragraph (b) is otherwise rational, in light of the fact that a person who had leave to enter or remain in the UK at the end of the transition period specified in the Withdrawal Agreement (23:00 GMT on 31 December 2020) was not affected by the UK’s withdrawal from the EU and thus had no need to avail themselves of the EU Settlement Scheme.

6. It is submitted that the judgment in Xxxxxc is likely to be of considerable assistance to a judge in deciding this case. It may have the effect of causing one or other party in this case to reconsider their position, thereby simplifying the task of the judge.

7. It is submitted that the judgment xxxxxxx is likely to have a substantial effect on the position which the SSHD takes in this case. If the transfer and stay is refused, the SSHD is likely to have to amend her position in light of that judgment, and the Applicant is likely to have to do so as well in response. This would lead to the unnecessary incurring of costs, whereas granting the transfer and stay would reduce or avoid those costs while providing helpful clarification of the issues.


8. The SSHD invites the Upper Tribunal to direct that this claim be transferred to the Administrative Court and also be stayed until after the handing down of judgment xxxxxxx, and that thereafter the SSHD will file and serve Supplementary Grounds in response to the Applicant’s grounds of renewal, and the parties will have liberty to apply.

LULUBABY
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Wed Apr 28, 2021 8:19 pm

Chris90 wrote:
Wed Apr 28, 2021 5:12 pm
@ lulubaby


This is not a bad thing, it shows they are not confident they will win.

Understand H.O can withdraw their refusal decision at any time before a judge rules, with that said ask yourself why transfer the case to another court?

Remember judicial review only review the decision H.O made and then a judge rules on it with what the laws says.

Most of us here is not familiar with admin court but ask yourself this, can you trust H.O to not introduce new arguments should you agree to stay and transfer?

I would oppose and ask them to withdraw with intention to grant the biometric card, if they don't want that then judicial review continues.

Be careful, you do not know what legal strategy they have plan should you let this go admin court.

Plus if you win they pay your reasonable legal cost in JR
Why is it that points always start to 'overlap'' whenever HO is up to something?. I have read the reasons HO gave for applying for Stay , they are quite different from their Refusal reasons / my reasons for applying for JR. It just feels like it is delaying tactics.

Ngoo
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Nigeria

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Ngoo » Thu Apr 29, 2021 10:09 am

LULUBABY wrote:
Wed Apr 28, 2021 8:19 pm
Chris90 wrote:
Wed Apr 28, 2021 5:12 pm
@ lulubaby


This is not a bad thing, it shows they are not confident they will win.

Understand H.O can withdraw their refusal decision at any time before a judge rules, with that said ask yourself why transfer the case to another court?

Remember judicial review only review the decision H.O made and then a judge rules on it with what the laws says.

Most of us here is not familiar with admin court but ask yourself this, can you trust H.O to not introduce new arguments should you agree to stay and transfer?

I would oppose and ask them to withdraw with intention to grant the biometric card, if they don't want that then judicial review continues.

Be careful, you do not know what legal strategy they have plan should you let this go admin court.

Plus if you win they pay your reasonable legal cost in JR
Why is it that points always start to 'overlap'' whenever HO is up to something?. I have read the reasons HO gave for applying for Stay , they are quite different from their Refusal reasons / my reasons for applying for JR. It just feels like it is delaying tactics.
@Lulubaby , I am praying for you. Hang in there and our good Lord will see you through. When comes to HO letter , Snooky and Cris90 will tell you what they are up to......Stay blessed .

snooky
Senior Member
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by snooky » Thu Apr 29, 2021 11:30 am

Ngoo wrote:
Thu Apr 29, 2021 10:09 am
LULUBABY wrote:
Wed Apr 28, 2021 8:19 pm
Chris90 wrote:
Wed Apr 28, 2021 5:12 pm
@ lulubaby


This is not a bad thing, it shows they are not confident they will win.

Understand H.O can withdraw their refusal decision at any time before a judge rules, with that said ask yourself why transfer the case to another court?

Remember judicial review only review the decision H.O made and then a judge rules on it with what the laws says.

Most of us here is not familiar with admin court but ask yourself this, can you trust H.O to not introduce new arguments should you agree to stay and transfer?

I would oppose and ask them to withdraw with intention to grant the biometric card, if they don't want that then judicial review continues.

Be careful, you do not know what legal strategy they have plan should you let this go admin court.

Plus if you win they pay your reasonable legal cost in JR
Why is it that points always start to 'overlap'' whenever HO is up to something?. I have read the reasons HO gave for applying for Stay , they are quite different from their Refusal reasons / my reasons for applying for JR. It just feels like it is delaying tactics.
@Lulubaby , I am praying for you. Hang in there and our good Lord will see you through. When comes to HO letter , Snooky and Cris90 will tell you what they are up to......Stay blessed .

Hi

One beautiful thing about law is that it open to be tested. HO test the waters of law to see how it probably works. Same as Appellants.

It is sad that before laws are properly work, innocent people are caught within it to bring its proper definition.

Don't give up lulubaby, even the HO according what you published here want to go for AC for them to see if the it wrong for that illegal clause be put in the Appendix EU which stops people with LTR to apply for EUSS.

HO has seen the courts allowing appeals on such cases this is because the Reg16 has no impediment stop sign to ask people not too and as the euss was a copy of reg16, it should abide by those norms.

Peace

diplo
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by diplo » Thu Apr 29, 2021 3:49 pm

Lagosbos wrote:
Mon Apr 26, 2021 11:52 am
Decision and reasons
7. The burden of proof is on the Appellant and the standard of proof is the balance of probabilities.

8. I have considered all of the evidence on file. I have also considered the submissions filed on behalf of the Appellant.
9. I have considered the written submissions made by both parties. The Secretary of State contends that the Aappellant can make an application for leave to remain under Appendix FM. This assertion goes to the issue of compulsion set out in regulation 16 (5) (c) in that the Secretary of State submits that the British citizen child is not compelled to leave the UK as the Aappellant has the option of making an alternative application for leave to remain under the Immigration Rules. It appears not to be in dispute that that Aappellant has never made an application for leave to remain under Appendix FM of the Rules.
10. Although the Respondent relies on the decision of the Court of Appeal in Patel, that decision was appealed to the Supreme Court and it is that decision which I must follow. In Patel the Supreme Court highlighted at paragraph 3 that the relevant wording of the domestic legislation is “unable to reside” (although the Court was considering regulation 15A of the 2006 Regulations the relevant wording is identical to that in reg 16(5)(c) of the 2016 Regulations).

Lady Arden considered the Zambrano jurisprudence and summarized it as follows;
“What lies at the heart of the Zambrano jurisprudence is the requirement that the Union citizen would be compelled to leave Union territory if the TCN, with whom the Union citizen has a relationship of dependency, is removed. As the CJEU held in O v 4 Maahanmuuttovirasto (Joined Cases C-356/11 and C-357/11) [2013] Fam 203, it is the role of the national court to determine whether the removal of the TCN carer would actually cause the Union citizen to leave the Union. In this case, the FTT found against Mr Patel and concluded that his father would not accompany him to India. That means that, unless Chavez-Vilchez adopts a different approach to compulsion, Mr Patel’s appeal must fail. There is no question of his being able to establish any interference with his Convention right to respect for his private and family life as he has failed already in that regard.”
12. She went on to say at paragraphs 25-28:

“25. The final sentence of para 71 of the CJEU’s judgment in Chavez-Vilchez identifies the matters which the national court must take into account when deciding whether the requirement for compulsion is fulfilled. Chavez-Vilchez has to be read in the light of the particular facts before the CJEU, which were of separated parents where the Union citizen parent was not the primary carer and where the national court might well conclude that, having regard to the child’s best interests and the extent of their ties to their mother, the relevant relationship of dependency on the mother was made out. There is no direct analogy with a case, such as the Shah appeal, where the family is living together. In that situation, where the TCN is the primary carer and the parent with whom the child has the relevant relationship of dependency and the Union parent will stay with them so as to keep the family together, it will be in the child’s best interests to remain with both parents. Because Mr Shah was the primary carer, the need for a relationship of dependency with the TCN was fulfilled. Moreover, the quality of that relationship is under the jurisprudence of the CJEU a relevant factor in determining whether the child is compelled to leave the jurisdiction (see Chavez-Vilchez, para 71; KA, para 70).
26. It is argued that the reference to the need to consider the child’s best interests points to a shift in the law, and that the CJEU refined or diminished the requirement that there has to be compulsion to leave the Union. It is said that that diminution would enable consideration to be given to desirability of the family remaining together and to respect for family life, even in the case of adults. In that way, in judging when a person was compelled to leave the Union, regard would be had to a person’s family life and what he would have to do to maintain that family life.
27. I do not consider that this deduction can be made. In Chavez-Vilchez, the CJEU were concerned with the case of a child and it is clear from KA that the case of a child is quite separate from that of an adult and that in the case of an adult it will only be in “exceptional circumstances” that a TCN will have a derivative right of residence by reference to a relationship of dependency with an adult Union citizen. An adult Union citizen does not have a right to have his family life taken into account if this would diminish the requirement to show compulsion to leave. It must be recalled that in KA the CJEU effectively reaffirmed the need to show compulsion even after making it clear that the decision in Chavez-Vilchez was good law. Accordingly, Chavez-Vilchez does not relax the level of compulsion required in the case of adults, and thus provides no assistance to Mr Patel, whose appeal must therefore fail.
28. Nor does Chavez-Vilchez in fact have any impact on the Shah appeal. The outcome of that appeal depends on the findings of fact by the FTT and on whether the Court of Appeal correctly identified the relevant findings for the purposes of the test of compulsion. The FTT found as a fact that Mr Shah was the primary carer of his infant son and that he, rather than the mother, had by far the greater role in his son’s life (para 15). Accordingly, the child had the relevant relationship of dependency with Mr Shah. The FTT was entitled to make this finding on the facts, because the mother’s evidence that Mr Shah was the primary carer of her child and that she could not assume full responsibility for him because she worked full time was not challenged. The mother’s evidence that if Mr Shah was not allowed to stay in this country they would move as a family was also unchallenged. The FTT went on to reach what it called “an inescapable conclusion” that the son would have to leave with his parents and that accordingly the requirement for compulsion was met.”
Lady Arden looked at the question to be considered at paragraph 30 where she said:
“30. … The overarching question is whether the son would be compelled to leave by reason of his relationship of dependency with his father. In answering that question, the court is required to take account, “in the best interests of the child concerned, of all the specific circumstances, including the age of the child, the child’s physical and emotional development, the extent of his emotional ties both to the Union citizen parent and to the third-country national parent, and the risks which separation from the latter might entail for that child’s equilibrium” (Chavez-Vilchez, para 71). The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts. As explained in para 28 of this judgment, on the FTT’s findings, the son would be compelled to leave with his father, who was his primary carer. That was sufficient compulsion for the purposes of the Zambrano test. There is an obvious difference between this situation of compulsion on the child and impermissible reliance on the right to respect for family life or on the desirability of keeping the family together as a ground for obtaining a derivative residence card. It follows that the Court of Appeal was wrong in this case to bring the question of the mother’s choice into the assessment of compulsion.”
13. In this case the Respondent does not dispute that the Appellant is the primary carer for a British citizen child. The Respondent does not dispute in the RFRL that the Appellant’s child would be compelled to leave the UK with him if he is not granted residence.

14. There is no reference in the Patel judgement to the necessity of exhausting domestic applications before acquiring a derivative right of residence. Regulation 16 makes no reference to a further requirement that rights of residence under domestic law or under the European Convention of Human Rights should be exhausted before a derivative right of residence can be acquired.

15. Although the Respondent asserts in the RFRL that the Appellant should make an application under Appendix FM, no guarantee is given that any such application under the rules will be granted.
16. I further take account of the judgement of Elias LJ in Harrison (Jamaica) v Secretary of State for the Home Department [2013] 2 CMLR 23 as approved in R (HC) v Secretary of State for Work and Pensions (AIRE Centre intervening) [2017] UKSC 73, [2017] 3 WLR 1486 that where the non-EU national is refused the right of residence because the EU citizen would not in practice be compelled to leave the country “Article 8 Convention rights may then come into the picture to protect family life as the court recognised in Dereci … but that is an entirely distinct area of protection…” [63]. He made no link between exhaustion of Article 8 rights and an assertion of the EU right of residence. I further note the judgement of Lord Reed in R (Agyarko) v Home Secretary [2017] UKSC 11, [2017] 1 WLR 823 where the said at para 65, in considering the decision of the Grand Chamber in Derici; “As the court made clear, that finding was distinct from the consideration of the case under article 8 of the ECHR or, if applicable, the corresponding provision (article 7) of the Charter of Fundamental Rights.” Further, at paragraph 30 of Patel, Lady Arden distinguished between the issue of compulsion and “impermissible reliance on the right to respect for family life or on the desirability of keeping the family together as a ground for obtaining a derivative residence card”.
17. In my view these decisions make clear that the consideration of the right of derivative residence is distinct from consideration under Article 8. Thus, the Respondent’s view that an application under Article 8 must precede consideration of a derivative right of residence is inconsistent with the view of the CJEU and domestic courts. I agree with the submission made on the Appellant’s behalf in the skeleton argument that the 2016 Regulations and case law must be followed rather than the Home Office policy guidance, where it is inconsistent with the Regulations.

18. In the light of the undisputed facts of this case that the Appellant is the primary carer of a British citizen child, and that child would be unable to reside in the UK or another EEA state if the Appellant were required to leave for an indefinite period, I conclude that the Appellant has established that he has a derivative right of residence in the UK under Regulation 16 and is entitled to a derivative right of residence card in accordance with Regulation 20 of the 2016 Regulations.

NOTICE OF DECISION
I allow the appeal under the Immigration (EEA) Regulations 2016
Anonymity has not been directed
Massive congratulations to you @Lagosbos this is just the news I've been looking for, thank you so much for sharing this. This means we should expect similar outcome from our EUSS appeal, I'm already ecstatic :D :D

Lagosbos
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Lagosbos » Thu Apr 29, 2021 7:21 pm

Thank you @Diplo and good luck with your appeal.

Lagosbos
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Lagosbos » Fri May 14, 2021 10:52 am

Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.

LULUBABY
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Fri May 14, 2021 7:04 pm

Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Lagosbos
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Lagosbos » Sat May 15, 2021 7:14 am

LULUBABY wrote:
Fri May 14, 2021 7:04 pm
Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Many thanks Lulubaby. We shall all rejoice with you soonest!

Catalley09
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Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Catalley09 » Sat May 15, 2021 5:26 pm

Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
congrats , bang in there the euss application

can you please tell me your time line especially how long you waited for appeal (i sent my bundles but unfortunately my case has not been heard as yet and now worried June is near also l am guessing that the home office has not reviewed my AR coz l think they are waiting on the appeal to be heard

Lagosbos
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Lagosbos » Mon May 17, 2021 10:44 am

Catalley09 wrote:
Sat May 15, 2021 5:26 pm
Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
congrats , bang in there the euss application

can you please tell me your time line especially how long you waited for appeal (i sent my bundles but unfortunately my case has not been heard as yet and now worried June is near also l am guessing that the home office has not reviewed my AR coz l think they are waiting on the appeal to be heard
Thanks Catalley09.

Have you received HO bundle? if not you can write to the court to expedite your case. They might refuse your request, but it will instigate them issuing an order giving HO 7days to provide their bundle. All the best.

Fustrated2019
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Fustrated2019 » Fri May 21, 2021 12:02 pm

Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
Congratulations @lagosbos

Lagosbos
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Lagosbos » Sun May 23, 2021 10:15 am

Fustrated2019 wrote:
Fri May 21, 2021 12:02 pm
Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
Congratulations @lagosbos
Many thanks Fustrated2019

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netqueen
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South Africa

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by netqueen » Tue Jun 01, 2021 4:31 pm

Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
Wow congratulations Lagosbos.

Who was your judge in the FTT? Paragraph 14 of your decision is very interesting will want to know who presided on your case, if it is alright.
In the last month of EUSS hope we are all become successful.

Big congratulations and all the best.

Obie
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Obie » Wed Jun 02, 2021 12:41 am

LULUBABY wrote:
Wed Apr 28, 2021 6:53 pm
Please moderators am I allowed to post this:

2. The Respondent notes that this claim raises substantially similar issues to those in a number of other applications for permission to apply for judicial review which are currently before the Administrative Court. The Respondent respectfully requests the Tribunal urgently transfer this claim to the Administrative Court.

3. The Respondent further requests that this matter be stayed pending the determination of the High Court of the judicial review xxxxxxx should this claim be transferred to the Administrative Court.

4. The points of law under consideration in xxxxxxx substantially overlap with those under consideration in this case. The points of law under consideration in xxxxxxxx

a. whether paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as defined in Annex 1 to Appendix EU to the Immigration Rules (that is, the requirement that the applicant not hold leave to enter or remain granted under another Part, or outside, of the Immigration Rules) is required to be consistent with EU law, given the inclusion of such persons in the EU Settlement Scheme is a wholly domestic policy without basis in the Withdrawal Agreement;

b. whether paragraph (b) of the definition is consistent with EU law (if the answer to (i) is that it is required to be), the SSHD’s position being that it is, because an applicant who holds leave to enter or remain in the UK will be unable to demonstrate that the British citizen over whom they exercise a primary care responsibility would be compelled to leave the territory of the UK or EEA (which is a well-established requirement for the existence of a derivative right to reside per the judgment of the Court of Justice of the European Union in Zambrano, and the accompanying suite of jurisprudence and, therefore, under regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016);

c. irrespective of the considerations in (i) and (ii), whether paragraph (b) of the definition is compatible with Articles 8 and 14 of the European Convention on Human Rights; and

d. whether paragraph (b) is otherwise rational, in light of the fact that a person who had leave to enter or remain in the UK at the end of the transition period specified in the Withdrawal Agreement (23:00 GMT on 31 December 2020) was not affected by the UK’s withdrawal from the EU and thus had no need to avail themselves of the EU Settlement Scheme.

6. It is submitted that the judgment in Xxxxxc is likely to be of considerable assistance to a judge in deciding this case. It may have the effect of causing one or other party in this case to reconsider their position, thereby simplifying the task of the judge.

7. It is submitted that the judgment xxxxxxx is likely to have a substantial effect on the position which the SSHD takes in this case. If the transfer and stay is refused, the SSHD is likely to have to amend her position in light of that judgment, and the Applicant is likely to have to do so as well in response. This would lead to the unnecessary incurring of costs, whereas granting the transfer and stay would reduce or avoid those costs while providing helpful clarification of the issues.


8. The SSHD invites the Upper Tribunal to direct that this claim be transferred to the Administrative Court and also be stayed until after the handing down of judgment xxxxxxx, and that thereafter the SSHD will file and serve Supplementary Grounds in response to the Applicant’s grounds of renewal, and the parties will have liberty to apply.
Any update on this case. What are the details of the case they cited. No harm in releasing it, so long as it does not contain your personal details.

I have lots of zambrano cases before the FTT, so i will be interested to know the position of this case.
Judge not, and you will not be judged.

Catalley09
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Zimbabwe

Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Catalley09 » Thu Jun 03, 2021 2:19 pm

Hello Everyone,

Just a quick question, if our cases for appeal for EEA DRF1 is still with courts by June 30th, what happens then? will they still be required to hear the cases and what about EUSS, will still be able to apply for it since the courts delayed in passing judgement?

please help l have emailed them to expediate my case as l am now worried.

thank you all

LULUBABY
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Fri Jun 04, 2021 1:25 am

Obie wrote:
Wed Jun 02, 2021 12:41 am
LULUBABY wrote:
Wed Apr 28, 2021 6:53 pm
Please moderators am I allowed to post this:

2. The Respondent notes that this claim raises substantially similar issues to those in a number of other applications for permission to apply for judicial review which are currently before the Administrative Court. The Respondent respectfully requests the Tribunal urgently transfer this claim to the Administrative Court.

3. The Respondent further requests that this matter be stayed pending the determination of the High Court of the judicial review xxxxxxx should this claim be transferred to the Administrative Court.

4. The points of law under consideration in xxxxxxx substantially overlap with those under consideration in this case. The points of law under consideration in xxxxxxxx

a. whether paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as defined in Annex 1 to Appendix EU to the Immigration Rules (that is, the requirement that the applicant not hold leave to enter or remain granted under another Part, or outside, of the Immigration Rules) is required to be consistent with EU law, given the inclusion of such persons in the EU Settlement Scheme is a wholly domestic policy without basis in the Withdrawal Agreement;

b. whether paragraph (b) of the definition is consistent with EU law (if the answer to (i) is that it is required to be), the SSHD’s position being that it is, because an applicant who holds leave to enter or remain in the UK will be unable to demonstrate that the British citizen over whom they exercise a primary care responsibility would be compelled to leave the territory of the UK or EEA (which is a well-established requirement for the existence of a derivative right to reside per the judgment of the Court of Justice of the European Union in Zambrano, and the accompanying suite of jurisprudence and, therefore, under regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016);

c. irrespective of the considerations in (i) and (ii), whether paragraph (b) of the definition is compatible with Articles 8 and 14 of the European Convention on Human Rights; and

d. whether paragraph (b) is otherwise rational, in light of the fact that a person who had leave to enter or remain in the UK at the end of the transition period specified in the Withdrawal Agreement (23:00 GMT on 31 December 2020) was not affected by the UK’s withdrawal from the EU and thus had no need to avail themselves of the EU Settlement Scheme.

6. It is submitted that the judgment in Xxxxxc is likely to be of considerable assistance to a judge in deciding this case. It may have the effect of causing one or other party in this case to reconsider their position, thereby simplifying the task of the judge.

7. It is submitted that the judgment xxxxxxx is likely to have a substantial effect on the position which the SSHD takes in this case. If the transfer and stay is refused, the SSHD is likely to have to amend her position in light of that judgment, and the Applicant is likely to have to do so as well in response. This would lead to the unnecessary incurring of costs, whereas granting the transfer and stay would reduce or avoid those costs while providing helpful clarification of the issues.


8. The SSHD invites the Upper Tribunal to direct that this claim be transferred to the Administrative Court and also be stayed until after the handing down of judgment xxxxxxx, and that thereafter the SSHD will file and serve Supplementary Grounds in response to the Applicant’s grounds of renewal, and the parties will have liberty to apply.
Any update on this case. What are the details of the case they cited. No harm in releasing it, so long as it does not contain your personal details.

I have lots of zambrano cases before the FTT, so i will be interested to know the position of this case.
So sorry for the delay in replying. Do you mean the details of the case as in the person's name e.g. Lulubaby vs SSHD 2021 ?.

I also have another update as in a reply to the above Home Office Lawyer's request. I can also post it if I am allowed to.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Obie » Fri Jun 04, 2021 1:29 am

You can put it so long as personal details are blacked out. We have an interest in protecting you and all others using the forum.

As much as I am interested in knowing their position, given the fact I have lots of outstanding cases, if this will likely undermine your interest, I would not want you to publish it.
Judge not, and you will not be judged.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Fri Jun 04, 2021 1:53 am

Obie wrote:
Fri Jun 04, 2021 1:29 am
You can put it so long as personal details are blacked out. We have an interest in protecting you and all others using the forum.

As much as I am interested in knowing their position, given the fact I have lots of outstanding cases, if this will likely undermine your interest, I would not want you to publish it.
From the email, that case was already heard last month but no decision/ judgement yet. Given 4 weeks time frame there should be a decision by first week of July (plus or minus).

No date has been assigned to my case yet.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Obie » Fri Jun 04, 2021 1:57 am

I believe when the court comes round to promalgating guidance, it will be clear that the Home Office position is untenable.

I believe your case will be fine.
Judge not, and you will not be judged.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by ravindra121 » Sun Jun 06, 2021 11:55 am

I have applied for zambrano with british child and left UK on last July 2020 while application under processing. application been refused and didn't even apply for administrative review.
Now I'm in Sri Lanka and my british son who is 6 years old doesnt like to stay here.

My question
is there anyway that I could apply for the same route from outside UK or any other route to come in to the UK with my family. ( I have 2 more children who born in UK, but they not british, Me and my wife are Sri Lankans, 1st child british under stateless route)

Thank you

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Sun Jun 06, 2021 7:10 pm

Obie wrote:
Fri Jun 04, 2021 1:57 am
I believe when the court comes round to promalgating guidance, it will be clear that the Home Office position is untenable.

I believe your case will be fine.
(1) The respondent’s application that this matter be transferred to the Administrative Court is refused.
(2) The respondent’s application that proceedings be stayed pending the determination of Xxxxxxx by the Administrative Court is granted.

It is Directed

(3) The respondent, if so advised, is to file and serve supplementary grounds of defence in response to the applicant’s grounds of renewal, no later than 14 days after judgment is handed down in Xxxxxxxxxx

Reasons

1) The respondent does not assert that this Tribunal possesses no jurisdiction to consider issues arising in this matter

2) In the circumstances there is no obligation for the Tribunal to transfer this matter to the Administrative Court.

3) Other than when the High Court is exercising its supervisory jurisdiction, the Upper Tribunal is not bound, as a matter of stare decisis, by decisions of the High Court. Whilst the Tribunal will observe comity, it may in a proper case depart from a decision of the High Court if satisfied that the decision is wrong. As a matter of principle the need for predictability and consistency of outcome are not offended by the Upper Tribunal not being bound by a decision of the High Court: Gilchrist v Revenue and Customs Commissioners [2015] Ch 183, at [85-87], [91], [94-101].

4) In the circumstances, the Tribunal is satisfied that it is not appropriate to transfer this matter to the Administrative Court.

5) The Tribunal has considered the respondent’s request for a stay of proceedings. The respondent has informed the Tribunal that the High Court is expected to hear the substantive application in Xxxxxxxxx. The High Court judgment can properly be expected to be handed down within 4 weeks of hearing. The hearing of this matter is unlikely to be listed within such period of time and consequently it is in the interests of justice that proceedings be stayed for a short period of time to permit the parties to consider their respective positions consequent to the decision of the High Court.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Sun Jun 06, 2021 7:14 pm

netqueen wrote:
Tue Jun 01, 2021 4:31 pm
Lagosbos wrote:
Fri May 14, 2021 10:52 am
Hello my Zambrano Family, as a follow-up to my appeal. My BRC was delivered this morning with no prior letter from HO. I was still thinking they might challenge the Judge ruling and then my buzzer went and the delivery guy was like i have visa for you. Card expires end of next month so i will be banging a new EUSS application. Thank you all for your profound and to everyone waiting we will all share more good news soonest.
Wow congratulations Lagosbos.

Who was your judge in the FTT? Paragraph 14 of your decision is very interesting will want to know who presided on your case, if it is alright.
In the last month of EUSS hope we are all become successful.

Big congratulations and all the best.
Netqueen, it's been ages. How are you?. How is it going with you?.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by LULUBABY » Sun Jun 06, 2021 7:17 pm

Obie wrote:
Fri Jun 04, 2021 1:57 am
I believe when the court comes round to promalgating guidance, it will be clear that the Home Office position is untenable.

I believe your case will be fine.
Thank you so much for the encouragement. I really appreciate.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Miss-Suz » Mon Jun 07, 2021 2:59 pm

Mata wrote:
Wed Apr 14, 2021 5:08 pm
Miss-Suz wrote:
Thu Dec 31, 2020 12:27 am
Just so you know, in my DFR1 refusal letter, the Home Office encourage me to leave the country knowing that I am a parent of a British Citizen. So they just don’t care about the future of our children.
So, why did HO "encourage" you to leave the UK than applying for a deportation order? Most will agree with me that there is no country in the world with soft immigration rules. In fact, some of us come from countries with the toughest immigrations rules in the world compared to the UK. Once an immigration decision has been made, there is no right of appeal, review or reconsideration. So, at least, we have to understand that in the UK, you have a right to appear to certain decisions.

As for the UK, the HO will encourage and even send threats to scare you off. This happens quite often and also happened to me in the past. It is scaring initially, but you have to stand firm, know your rights and fight for them. An example, few years back my friend's application to extend her visa was refused and the letter threatened her that she must leave the UK immediately, otherwise she was going to be "deported". I told her the least they could do was to "administratively remove" her but still I couldn't the basis for this. We wrote a letter directly to then UKBA director, and explained to him why we felt the decision was wrong and for him provide us with the deportation order from the court. Few weeks later, HO wrote to her asking for her passport and an updated bank statement and she was granted leave to remain.

What I am trying to say is that don't get scared off by the HO office letters. There are there to do that. Their is their role, stop immigrants. So, you will have to stand firm against them. You will have to read lot as well around the UK immigration to understand your rights. Prepare yourself and don't leave it until the last minute. Surround yourself with people who know this area. Read forums like this as they are very very helpful. Be aware of some professionals out there who scare people so they can exploit them financially. I know some birth countries of birth might not the same as the UK but I always remained positive that if I didn't succeed, at least I had somewhere to go, i.e. my own country. Not being to live in the UK is not the end of the world.

Regarding Zambrano rights, HO has so far rejected the majority of EUSS applications that rely on Zambrano rights. Critics say that this has the potential to shut many carers out of the Settlement Scheme. The refusals are purely based on financial reasons and this is why HO is encouraging people to apply through other routes where you have pay a fee not only for the first application, but also for subsequent extensions.

However, Zambrano carers have Supreme Court's decision in Shah to rely on. The decision incorporates the approach of the Court of Justice, in Chavez Vilchez, Dereci, KA, etc., and reflects the complex position of Zambrano carers. The jurisprudence for the carers of children is now much closer to a human rights assessment than the (brief) Zambrano case itself, with a child’s ‘best interests’ and Article 7 of the Charter being relevant, as opposed to simply questions of Union citizenship and compulsion [NB: UK is no longer an EU member].

The Supreme Court Patel decision helps applicants more than the Court of Appeal version. The Court of Appeal Patel case led to unhelpful updates to the Derivative Residence Card Guidance, requiring a Zambrano application to be only a last resort and mandating a refusal if a human rights application had not been made earlier. The Guidance has not yet been changed and most of us know why this is the case. So, let's not get intimidated by the HO or others, rather, let's stay positive and focus on building strong legal (not political) arguments in our appeals against the HO. This is not a legal advise but to share my experience of dealing with not only the HO but other UK undertakings, let it be your landlord/estate agency. Don't be scared off. Know your position. Your rights. Research around. Fight for your rights. Stay positive.
Thanks Mata

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