Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Greatgreat · Post by **Greatgreat** » Wed Jun 16, 2021 10:00 am

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application

Many thanks

Catalley09 · Post by **Catalley09** » Wed Jun 16, 2021 4:43 pm

Miss-Suz wrote: ↑
Tue Jun 15, 2021 10:08 pm
Good evening everyone,

You remember when Vinny posted a link about applicants being able to request EUSS form via email. An email address was provided in the post when I first opened the link. I opened the link today again as I needed the email address to request my forms.
Now it reads
“ An email address is supplied, although we’ve been asked to remove it from this article as it is intended for use by charities and councils rather than individual applicants, who should continue to call the helpline for now.

This article has been updated to clarify that the process described is intended for organisations rather than individuals.”

So we must still call the resolution centre to request a form

Miss Suz, l have just spent 4 hours on hold with EUSS resolution centre only to be cut off without even speaking to them? their lines are busy from 8am till 8pm so l ended up calling a charity listed on the gov website to request a form which they sent to me promptly then l heard from my solicitor who said l should re apply again and forget about waiting for AR. also l asked the FTT to expedite my case for EEA but was refused

Catalley09 · Post by **Catalley09** » Wed Jun 16, 2021 4:52 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application

Snooky,

can you please help me with following

l did an EUSS AR in March this year, only heard them after 28 days asking for more time, my emails so far has gone unanswered , and l am worried that they are going to refuse with only a day or so left till 30th June, my question is should l reapply as l have loads of new evidence or should l just wait for their reply?

i asked for my EEA appeal to be expediated but was refused on the basis that even after 30th June as long as l have an application in HO , they will still hear the case, will this be still be valid as l will no longer be able to apply for the euss after this? so confusing

Miss-Suz · Post by **Miss-Suz** » Wed Jun 16, 2021 5:09 pm

Catalley09 wrote: ↑
Wed Jun 16, 2021 4:43 pm

Miss-Suz wrote: ↑
Tue Jun 15, 2021 10:08 pm
Good evening everyone,

You remember when Vinny posted a link about applicants being able to request EUSS form via email. An email address was provided in the post when I first opened the link. I opened the link today again as I needed the email address to request my forms.
Now it reads
“ An email address is supplied, although we’ve been asked to remove it from this article as it is intended for use by charities and councils rather than individual applicants, who should continue to call the helpline for now.

This article has been updated to clarify that the process described is intended for organisations rather than individuals.”

So we must still call the resolution centre to request a form
Miss Suz, l have just spent 4 hours on hold with EUSS resolution centre only to be cut off without even speaking to them? their lines are busy from 8am till 8pm so l ended up calling a charity listed on the gov website to request a form which they sent to me promptly then l heard from my solicitor who said l should re apply again and forget about waiting for AR. also l asked the FTT to expedite my case for EEA but was refused

Hi Catalley,

Thank you so much, this is good to know. Can you please provide me with the name of the charity that you called to request the form? If the moderators allowed that.
I have been worried

We are in the same position, appeals pending

I am going to reapply for EUSS !

Miss-Suz · Post by **Miss-Suz** » Wed Jun 16, 2021 5:17 pm

Catalley09 wrote: ↑
Wed Jun 16, 2021 4:52 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Snooky,

can you please help me with following

l did an EUSS AR in March this year, only heard them after 28 days asking for more time, my emails so far has gone unanswered , and l am worried that they are going to refuse with only a day or so left till 30th June, my question is should l reapply as l have loads of new evidence or should l just wait for their reply?

i asked for my EEA appeal to be expediated but was refused on the basis that even after 30th June as long as l have an application in HO , they will still hear the case, will this be still be valid as l will no longer be able to apply for the euss after this? so confusing

That is really confusing!!
I have been thinking about it all day, and now I watched the webinar about the Akinsanya case, I am more concerned. The EEA Zambrano residence card will end on 30th June, if appeal is heard after that date how would it be valid for us to apply under EUSS???

I don’t know if the tribunal are aware.
Anyway I will try all I can to get the EUSS form. I’m not going to wait on the appeal.

LULUBABY · Post by **LULUBABY** » Wed Jun 16, 2021 5:31 pm

Greatgreat wrote: ↑
Wed Jun 16, 2021 10:00 am

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Many thanks

Greatgreat please read Catalley09's post beneath yours. Why don't you also do same so as to have a plan B?. With HO you don't put all your eggs in one basket.

snooky · Post by **snooky** » Wed Jun 16, 2021 7:39 pm

Miss-Suz wrote: ↑
Wed Jun 16, 2021 5:09 pm

Catalley09 wrote: ↑
Wed Jun 16, 2021 4:43 pm

Miss-Suz wrote: ↑
Tue Jun 15, 2021 10:08 pm
Good evening everyone,

You remember when Vinny posted a link about applicants being able to request EUSS form via email. An email address was provided in the post when I first opened the link. I opened the link today again as I needed the email address to request my forms.
Now it reads
“ An email address is supplied, although we’ve been asked to remove it from this article as it is intended for use by charities and councils rather than individual applicants, who should continue to call the helpline for now.

This article has been updated to clarify that the process described is intended for organisations rather than individuals.”

So we must still call the resolution centre to request a form
Miss Suz, l have just spent 4 hours on hold with EUSS resolution centre only to be cut off without even speaking to them? their lines are busy from 8am till 8pm so l ended up calling a charity listed on the gov website to request a form which they sent to me promptly then l heard from my solicitor who said l should re apply again and forget about waiting for AR. also l asked the FTT to expedite my case for EEA but was refused
Hi Catalley,

Thank you so much, this is good to know. Can you please provide me with the name of the charity that you called to request the form? If the moderators allowed that.
I have been worried
We are in the same position, appeals pending
I am going to reapply for EUSS !

FYI

List of charities

https://www.gov.uk/government/publicati ... anisations

Miss-Suz · Post by **Miss-Suz** » Wed Jun 16, 2021 8:45 pm

snooky wrote: ↑
Wed Jun 16, 2021 7:39 pm

Miss-Suz wrote: ↑
Wed Jun 16, 2021 5:09 pm

Catalley09 wrote: ↑
Wed Jun 16, 2021 4:43 pm

Miss-Suz wrote: ↑
Tue Jun 15, 2021 10:08 pm
Good evening everyone,

You remember when Vinny posted a link about applicants being able to request EUSS form via email. An email address was provided in the post when I first opened the link. I opened the link today again as I needed the email address to request my forms.
Now it reads
“ An email address is supplied, although we’ve been asked to remove it from this article as it is intended for use by charities and councils rather than individual applicants, who should continue to call the helpline for now.

This article has been updated to clarify that the process described is intended for organisations rather than individuals.”

So we must still call the resolution centre to request a form
Miss Suz, l have just spent 4 hours on hold with EUSS resolution centre only to be cut off without even speaking to them? their lines are busy from 8am till 8pm so l ended up calling a charity listed on the gov website to request a form which they sent to me promptly then l heard from my solicitor who said l should re apply again and forget about waiting for AR. also l asked the FTT to expedite my case for EEA but was refused
Hi Catalley,

Thank you so much, this is good to know. Can you please provide me with the name of the charity that you called to request the form? If the moderators allowed that.
I have been worried
We are in the same position, appeals pending
I am going to reapply for EUSS !
FYI

List of charities

https://www.gov.uk/government/publicati ... anisations

Many thanks Snooky

Greatgreat · Post by **Greatgreat** » Thu Jun 17, 2021 6:08 am

LULUBABY wrote: ↑
Wed Jun 16, 2021 5:31 pm

Greatgreat wrote: ↑
Wed Jun 16, 2021 10:00 am

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Many thanks
Greatgreat please read Catalley09's post beneath yours. Why don't you also do same so as to have a plan B?. With HO you don't put all your eggs in one basket.

I will ASAP. Thanks @lulu

LULUBABY · Post by **LULUBABY** » Thu Jun 17, 2021 2:08 pm

Catalley09 wrote: ↑
Wed Jun 16, 2021 4:43 pm

Miss-Suz wrote: ↑
Tue Jun 15, 2021 10:08 pm
Good evening everyone,

You remember when Vinny posted a link about applicants being able to request EUSS form via email. An email address was provided in the post when I first opened the link. I opened the link today again as I needed the email address to request my forms.
Now it reads
“ An email address is supplied, although we’ve been asked to remove it from this article as it is intended for use by charities and councils rather than individual applicants, who should continue to call the helpline for now.

This article has been updated to clarify that the process described is intended for organisations rather than individuals.”

So we must still call the resolution centre to request a form
Miss Suz, l have just spent 4 hours on hold with EUSS resolution centre only to be cut off without even speaking to them? their lines are busy from 8am till 8pm so l ended up calling a charity listed on the gov website to request a form which they sent to me promptly then l heard from my solicitor who said l should re apply again and forget about waiting for AR. also l asked the FTT to expedite my case for EEA but was refused

Please is this EUSS form you received same as the previous form we used before?. How many pages is this new form you received?.

munirabid · Post by **munirabid** » Thu Jun 17, 2021 9:45 pm

N THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

BETWEEN:-

The Queen (on the application of)
Olorunfunmilayo Oluwaseun Akinsanya
Claimant

-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant

_____________________________
CONSENT ORDER
_____________________________
UPON the Court having given judgment on 9 June 2021 allowing the Claimant's claim for judicial review;

AND UPON the Court having adjourned the Claimant's application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;

AND UPON the Claimant's application for an order for further relief as set out in her skeleton argument dated 16 June 2021;

AND UPON the Secretary of State confirming that:

a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules ("Appendix EU");

b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside ('Zambrano application') and is affected by the Court's judgment, until after she has completed her reconsideration of Appendix EU;

c. In paragraph (a)(v) of the definition of 'required date' in Annex 1 to Appendix EU the reference to "limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated" includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;

d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;

e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of 'required date' in Annex 1 to Appendix EU, to have reasonable grounds for the person's failure to make that application at the earlier date relevant under that definition;

f. In accordance with paragraph (c) of the definition of "EEA Regulations" in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;

g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;

h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;

i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.

IT IS ORDERED BY CONSENT THAT:

12. The Claimant's application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.

13. The hearing listed for 17 June 2021 is vacated.

14. The Claimant's application for further quashing relief is stayed pending determination of the Defendant's application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.

15. There shall be no order as to costs, save that there be a detailed assessment of the Claimant's costs for the purposes of public funding.

16. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.

Dated this 17th day of June 2021

snooky · Post by **snooky** » Thu Jun 17, 2021 11:23 pm

LULUBABY wrote: ↑
Thu Jun 17, 2021 2:08 pm

Catalley09 wrote: ↑
Wed Jun 16, 2021 4:43 pm

Miss-Suz wrote: ↑
Tue Jun 15, 2021 10:08 pm
Good evening everyone,

You remember when Vinny posted a link about applicants being able to request EUSS form via email. An email address was provided in the post when I first opened the link. I opened the link today again as I needed the email address to request my forms.
Now it reads
“ An email address is supplied, although we’ve been asked to remove it from this article as it is intended for use by charities and councils rather than individual applicants, who should continue to call the helpline for now.

This article has been updated to clarify that the process described is intended for organisations rather than individuals.”

So we must still call the resolution centre to request a form
Miss Suz, l have just spent 4 hours on hold with EUSS resolution centre only to be cut off without even speaking to them? their lines are busy from 8am till 8pm so l ended up calling a charity listed on the gov website to request a form which they sent to me promptly then l heard from my solicitor who said l should re apply again and forget about waiting for AR. also l asked the FTT to expedite my case for EEA but was refused
Please is this EUSS form you received same as the previous form we used before?. How many pages is this new form you received?.

Members

I snooky the smooth xxxxxxx, kept and keep telling you from the onset, HO had got it wrong and can never win any case for zambrano when it comes to what the Regulations say.

People zambrano applicants will get a relief very soon and eusd grace period for such applicants would be extended.

I have been following much of this shenanigan and is about time Priti Patel says enough is enough. Shame to lawyers and barristers who took undue advantage of Zambrano cares by keeping silent on HO abuse.

Obie · Post by **Obie** » Fri Jun 18, 2021 1:02 am

munirabid wrote: ↑
Thu Jun 17, 2021 9:45 pm
N THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

BETWEEN:-

The Queen (on the application of)
Olorunfunmilayo Oluwaseun Akinsanya
Claimant

-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant

_____________________________
CONSENT ORDER
_____________________________
UPON the Court having given judgment on 9 June 2021 allowing the Claimant's claim for judicial review;

AND UPON the Court having adjourned the Claimant's application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;

AND UPON the Claimant's application for an order for further relief as set out in her skeleton argument dated 16 June 2021;

AND UPON the Secretary of State confirming that:

a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules ("Appendix EU");

b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside ('Zambrano application') and is affected by the Court's judgment, until after she has completed her reconsideration of Appendix EU;

c. In paragraph (a)(v) of the definition of 'required date' in Annex 1 to Appendix EU the reference to "limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated" includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;

d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;

e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of 'required date' in Annex 1 to Appendix EU, to have reasonable grounds for the person's failure to make that application at the earlier date relevant under that definition;

f. In accordance with paragraph (c) of the definition of "EEA Regulations" in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;

g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;

h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;

i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.

IT IS ORDERED BY CONSENT THAT:

12. The Claimant's application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.

13. The hearing listed for 17 June 2021 is vacated.

14. The Claimant's application for further quashing relief is stayed pending determination of the Defendant's application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.

15. There shall be no order as to costs, save that there be a detailed assessment of the Claimant's costs for the purposes of public funding.

16. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.

Dated this 17th day of June 2021

This is quite interesting, it shows the Home Office is aware that it's application to the CoA has very limited benefits.

This consent order has given further ammunition, as i have got about 5 cases, where Home Office has withdrawn an application for settled status immediately Appendix FM application is lodged.

So if they do it for Zambrano, them must do it for other Appendix EU cases..

snooky · Post by **snooky** » Fri Jun 18, 2021 6:06 am

Obie wrote: ↑
Fri Jun 18, 2021 1:02 am

munirabid wrote: ↑
Thu Jun 17, 2021 9:45 pm
N THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

BETWEEN:-

The Queen (on the application of)
Olorunfunmilayo Oluwaseun Akinsanya
Claimant

-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant

_____________________________
CONSENT ORDER
_____________________________
UPON the Court having given judgment on 9 June 2021 allowing the Claimant's claim for judicial review;

AND UPON the Court having adjourned the Claimant's application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;

AND UPON the Claimant's application for an order for further relief as set out in her skeleton argument dated 16 June 2021;

AND UPON the Secretary of State confirming that:

a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules ("Appendix EU");

b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside ('Zambrano application') and is affected by the Court's judgment, until after she has completed her reconsideration of Appendix EU;

c. In paragraph (a)(v) of the definition of 'required date' in Annex 1 to Appendix EU the reference to "limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated" includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;

d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;

e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of 'required date' in Annex 1 to Appendix EU, to have reasonable grounds for the person's failure to make that application at the earlier date relevant under that definition;

f. In accordance with paragraph (c) of the definition of "EEA Regulations" in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;

g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;

h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;

i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.

IT IS ORDERED BY CONSENT THAT:

12. The Claimant's application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.

13. The hearing listed for 17 June 2021 is vacated.

14. The Claimant's application for further quashing relief is stayed pending determination of the Defendant's application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.

15. There shall be no order as to costs, save that there be a detailed assessment of the Claimant's costs for the purposes of public funding.

16. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.

Dated this 17th day of June 2021
This is quite interesting, it shows the Home Office is aware that it's application to the CoA has very limited benefits.

This consent order has given further ammunition, as i have got about 5 cases, where Home Office has withdrawn an application for settled status immediately Appendix FM application is lodged.

So if they do it for Zambrano, them must do it for other Appendix EU cases..

Obie

HO has known this for a very long time. They got away because my fellow learned people failed to take on the HO. Most learned fellow in the trade were interested in making money rather than forcing HO for accountability, probity and justice.

I think is about time courts extend the grace period of the euss to next year June to enable those people who where robbed to be unrobbed.

Shazma80 · Post by **Shazma80** » Fri Jun 18, 2021 9:03 am

Obie wrote: ↑
Fri Jun 18, 2021 1:02 am

munirabid wrote: ↑
Thu Jun 17, 2021 9:45 pm
N THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

BETWEEN:-

The Queen (on the application of)
Olorunfunmilayo Oluwaseun Akinsanya
Claimant

-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant

_____________________________
CONSENT ORDER
_____________________________
UPON the Court having given judgment on 9 June 2021 allowing the Claimant's claim for judicial review;

AND UPON the Court having adjourned the Claimant's application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;

AND UPON the Claimant's application for an order for further relief as set out in her skeleton argument dated 16 June 2021;

AND UPON the Secretary of State confirming that:

a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules ("Appendix EU");

b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside ('Zambrano application') and is affected by the Court's judgment, until after she has completed her reconsideration of Appendix EU;

c. In paragraph (a)(v) of the definition of 'required date' in Annex 1 to Appendix EU the reference to "limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated" includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;

d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;

e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of 'required date' in Annex 1 to Appendix EU, to have reasonable grounds for the person's failure to make that application at the earlier date relevant under that definition;

f. In accordance with paragraph (c) of the definition of "EEA Regulations" in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;

g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;

h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;

i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.

IT IS ORDERED BY CONSENT THAT:

12. The Claimant's application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.

13. The hearing listed for 17 June 2021 is vacated.

14. The Claimant's application for further quashing relief is stayed pending determination of the Defendant's application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.

15. There shall be no order as to costs, save that there be a detailed assessment of the Claimant's costs for the purposes of public funding.

16. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.

Dated this 17th day of June 2021
This is quite interesting, it shows the Home Office is aware that it's application to the CoA has very limited benefits.

This consent order has given further ammunition, as i have got about 5 cases, where Home Office has withdrawn an application for settled status immediately Appendix FM application is lodged.

So if they do it for Zambrano, them must do it for other Appendix EU cases..

Thanks for the above information.
If I do request COA and hopefully the below info is highlighted on the letter, can I present the letter to student finance and my Uni Conditional offer to determine my fee(home/Eu). I deferred my entry to this year due to delays with my application and now more delays with the AR. Thanks.
g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano applicatio

Chris90 · Post by **Chris90** » Fri Jun 18, 2021 10:03 am

And right at the end, a brave and bold Zambrano carer enforced their rights under EEA REGS.

I told you no reasonable judge would allow this play by the home office.

Consent order says sshd accepts. Sound like a reversal.
Had it gone higher the blow to home office probably would have been more. They been fighting Zambrano from the very start of the caselaw.

All the best to everyone.

Been telling you stop acting like you are asking for favour. You are entitled to what the regs say, end of, you just have to meet the criteria.

munirabid · Post by **munirabid** » Fri Jun 18, 2021 10:17 am

HI

I have still valid Leave to remain under private family life till Oct 2021 with recourse to public fund, So if I can make Zambrno appendix EU application later when my current leave expired or now? please advise

Minaseer · Post by **Minaseer** » Fri Jun 18, 2021 10:37 am

Can you plz clarify few things plzzz.
As mentioned earlier we have applied for extension of our leave to remain which is still pending for 4-5 months now.
My eldest daughter was registered as british citizen in sept 2017.
If we apply as a zambrano carer while our flr fp is pending..would we be given leave under zambrano?

We are currently receiving universal credits etc..would we still be given these benefits?

And lastly..are we eligible to make indefinite leave to remain/EU settled application in sept 2022 (( given that my child became british in sept 2017) ?

Many thanks

Onomskky · Post by **Onomskky** » Fri Jun 18, 2021 3:27 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application

Additional info on what you are entitled to:
Based on Zambrano carers and the EUSS Scheme – What you need to know

The Akinsanya judgment on 9 June 2021
On 9 June 2021 the High Court ruled that the Home Office had misunderstood EU law; Zambrano carers rights to reside under EU law until 30 June 2021 were not affected by a grant of limited leave to remain, or by the possibility of getting limited leave to remain. The judgment is R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin).

Under the EU Settlement Scheme (EUSS) in Appendix EU to the Immigration Rules, Zambrano carers are only entitled to EUSS leave to remain if they do not have any other leave to remain. Home Office guidance added that Zambrano carers cannot have EUSS leave to remain if they could get other leave to remain.

In the Akinsanya judgment, Mr Justice Mostyn quashed the unlawful guidance. He also declared that the definition in Appendix EU of Zambrano carers is unlawful. He allowed the Home Office time to reconsider Appendix EU. It is not clear whether the Home Office will amend it or how they will amend it.

The Home Office will also ask the Court of Appeal for permission to appeal. Their application will be made on 21 June 2021 and will ask the Court of Appeal to deal with it very quickly (expedition). It is possible the Court of Appeal will decide the case in July, but it may not be until Autumn 2021.

The Akinsanya Consent Order on 17 June 2021

The Home Office will not reconsider Appendix EU until after the Court of Appeal proceedings, leaving Zambrano carers who have pending or possible applications under EUSS in a very uncertain situation. So Ms Akinsanya went back to court on 17 June 2021 asking for the Court to extend the time for Zambrano EUSS applications. The Home Office agreed to extend time and to set out their position on Zambrano carers until they have reconsidered Appendix EU.
Please follow the link to view the agreed Court Order and see below for a summary of what you need to know.

Does the 30 June 2021 deadline still matter?

Yes. The best way a Zambrano carer can protect their residence rights is to submit an EUSS application on or before 30 June 2021. If you do this, the Home Office will provide you with a certificate of application confirming your entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order.

Zambrano applicants cannot apply online, you must request a paper application first. You can do this by telephoning the Home Office UKVI Resolution Centre on 0300 123 7379. If you ask for the form to be emailed, you can return it by email. To meet this deadline, the completed form must reach the Home Office by 30 June 2021.

Will the Home Office accept late EUSS applications from Zambrano carers?

Yes. In the Consent Order, [ii] the Home Office agreed that they will accept Zambrano carer EUSS applications for a specified period running from publication of the outcome of her Zambrano reconsideration of Appendix EU. The Home Office will announce this period, but it will be at least 6 weeks. We do not know when the Home Office will complete their Zambrano reconsideration of Appendix EU. But it is very unlikely to be before the Court of Appeal has decided the case.

This means that missing the 30 June 2021 deadline will not affect your chances of getting leave to remain as a Zambrano carer under EUSS. But it will mean that your derivative right to reside under the EEA Regulations ends on 30 June 2021 and may affect your rights until that application is decided. This is important if you do not have leave to remain; it is best to apply by 30 June 2021 (see below).

What will happen to my Zambrano EUSS application?

The Home Office has suspended decisions on Zambrano cases that are affected by the Akinsanya judgment, until she has reconsidered Appendix EU see Consent Order. [iii] We do not know when the Home Office will complete the reconsideration. It is very unlikely she will do this before the Court of Appeal has made its decision in Akinsanya. But, the Home Office has agreed not to make any decisions on EUSS applications from Zambrano carers until that process is complete. This means that an application cannot be refused during this period of reconsideration.

What if I already have another form of limited leave to remain?

If you have limited leave to remain which expires after 30 June 2021, you have the right to make a late application under Appendix EU at any time before your limited leave expires.[iv]

This means that if you have 30 months leave to remain under Appendix FM you can make the EUSS Zambrano application before the expiry of that leave, and this will not affect the decision on it.

If you have a pending application to extend your limited leave which has not been finally determined, then under the Consent Order your right to make a late application continues until that extension ends. This which will be when the application is decided or, if it is refused with a right of appeal, when the appeal is decided. [v]

But you can make an EUSS Zambrano application at any time, you do not have to wait until towards the end of your limited leave to remain. If possible, you should seek advice as soon as possible about when you should make any EUSS Zambrano application.

I have a pending application under Appendix FM – can I make an EUSS application?

The Home Office has agreed in the Consent Order[vi] that Zambrano carers can have Appendix FM and EUSS applications pending at the same time, as long as both applications are based on the same circumstances, for example, as the primary carer of a British citizen.

Also, under Home Office Guidance, making an EUSS application does not affect any other kind of human rights application (eg for leave outside the rules) that you have already made, or a pending asylum claim. [vii]

I currently have no leave to remain – what about me?

It is important to make an EUSS application by 30 June 2021, if at all possible. Making an application by 30 June 2021 automatically extends your right to reside under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations). [viii] This continues until the Home Office decides your application and, if they refuse it, until any appeal is finally decided. During this time, you will continue to have the right to reside, and to work in the UK. Your stay will be lawful which may matter, for example, if you later apply to naturalise as a British citizen.

If you miss the 30 June 2021 deadline, you have the right to make a late EUSS application (see above). The Home Office is considering issuing people who make a late application with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order. [ix]

If you are a Zambrano carer with no leave to remain and you miss the 30 June 2021 deadline and you are then encountered by Immigration Enforcement, under the Consent Order you should be identified as a person eligible to make an application as a Zambrano carer and directed to do so. You will be given a written notice and must make an application within the time period specified, normally within 28 days of the date of the written notice. [x]
Can I work legally after 30 June 2021?

If you have limited leave to remain with no prohibition on working, then you can work legally. Making a Zambrano EUSS application does not affect this. If your application is ultimately successful, that will not have a prohibition on working either.

If you are a Zambrano carer who does not have limited leave, but you made your Zambrano EUSS application by 30 June 2021 and it has not been decided (or your appeal against the refusal has not been decided), then you have a right to work. This is because you have a derivative right to reside in the UK and so section 15 of the Immigration, Asylum and Nationality Act 2006 does not apply to you. You can prove this right with your certificate of application.

If you do not have limited leave to remain and you did not make your Zambrano EUSS application by 30 June 2021, then you do not have a right to reside and therefore you cannot be legally employed by another person. [xi] There is no legal bar on such a person being self-employed, unless this is prohibited by conditions of their immigration bail.

Am I eligible for universal credit?

If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

Yes. A person with a pending EUSS application is not chargeable for NHS treatment:
regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

Anything else I should know?

There are reports across the sector that EUSS phone lines and services are extremely busy at the moment and many are struggling to get forms sent out to them either by post or email. Don’t panic. Continue to call regularly until you are able to get forms sent out to you either by post or email. As you can see from the above, if you receive your form and send it back to the Home Office after the deadline, it will still be considered as a valid application. The fact that the application is made late will not affect its prospects of success. Please remember that it can be important to seek legal advice before making any immigration application.

LULUBABY · Post by **LULUBABY** » Fri Jun 18, 2021 4:15 pm

Onomskky wrote: ↑
Fri Jun 18, 2021 3:27 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right befottvre 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Additional info on what you are entitled to:
Based on Zambrano carers and the EUSS Scheme – What you need to know

The Akinsanya judgment on 9 June 2021
On 9 June 2021 the High Court ruled that the Home Office had misunderstood EU law; Zambrano carers rights to reside under EU law until 30 June 2021 were not affected by a grant of limited leave to remain, or by the possibility of getting limited leave to remain. The judgment is R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin).

Under the EU Settlement Scheme (EUSS) in Appendix EU to the Immigration Rules, Zambrano carers are only entitled to EUSS leave to remain if they do not have any other leave to remain. Home Office guidance added that Zambrano carers cannot have EUSS leave to remain if they could get other leave to remain.

In the Akinsanya judgment, Mr Justice Mostyn quashed the unlawful guidance. He also declared that the definition in Appendix EU of Zambrano carers is unlawful. He allowed the Home Office time to reconsider Appendix EU. It is not clear whether the Home Office will amend it or how they will amend it.

The Home Office will also ask the Court of Appeal for permission to appeal. Their application will be made on 21 June 2021 and will ask the Court of Appeal to deal with it very quickly (expedition). It is possible the Court of Appeal will decide the case in July, but it may not be until Autumn 2021.

The Akinsanya Consent Order on 17 June 2021

The Home Office will not reconsider Appendix EU until after the Court of Appeal proceedings, leaving Zambrano carers who have pending or possible applications under EUSS in a very uncertain situation. So Ms Akinsanya went back to court on 17 June 2021 asking for the Court to extend the time for Zambrano EUSS applications. The Home Office agreed to extend time and to set out their position on Zambrano carers until they have reconsidered Appendix EU.
Please follow the link to view the agreed Court Order and see below for a summary of what you need to know.

Does the 30 June 2021 deadline still matter?

Yes. The best way a Zambrano carer can protect their residence rights is to submit an EUSS application on or before 30 June 2021. If you do this, the Home Office will provide you with a certificate of application confirming your entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order.

Zambrano applicants cannot apply online, you must request a paper application first. You can do this by telephoning the Home Office UKVI Resolution Centre on 0300 123 7379. If you ask for the form to be emailed, you can return it by email. To meet this deadline, the completed form must reach the Home Office by 30 June 2021.

Will the Home Office accept late EUSS applications from Zambrano carers?

Yes. In the Consent Order, [ii] the Home Office agreed that they will accept Zambrano carer EUSS applications for a specified period running from publication of the outcome of her Zambrano reconsideration of Appendix EU. The Home Office will announce this period, but it will be at least 6 weeks. We do not know when the Home Office will complete their Zambrano reconsideration of Appendix EU. But it is very unlikely to be before the Court of Appeal has decided the case.

This means that missing the 30 June 2021 deadline will not affect your chances of getting leave to remain as a Zambrano carer under EUSS. But it will mean that your derivative right to reside under the EEA Regulations ends on 30 June 2021 and may affect your rights until that application is decided. This is important if you do not have leave to remain; it is best to apply by 30 June 2021 (see below).

What will happen to my Zambrano EUSS application?

The Home Office has suspended decisions on Zambrano cases that are affected by the Akinsanya judgment, until she has reconsidered Appendix EU see Consent Order. [iii] We do not know when the Home Office will complete the reconsideration. It is very unlikely she will do this before the Court of Appeal has made its decision in Akinsanya. But, the Home Office has agreed not to make any decisions on EUSS applications from Zambrano carers until that process is complete. This means that an application cannot be refused during this period of reconsideration.

What if I already have another form of limited leave to remain?

If you have limited leave to remain which expires after 30 June 2021, you have the right to make a late application under Appendix EU at any time before your limited leave expires.[iv]

This means that if you have 30 months leave to remain under Appendix FM you can make the EUSS Zambrano application before the expiry of that leave, and this will not affect the decision on it.

If you have a pending application to extend your limited leave which has not been finally determined, then under the Consent Order your right to make a late application continues until that extension ends. This which will be when the application is decided or, if it is refused with a right of appeal, when the appeal is decided. [v]

But you can make an EUSS Zambrano application at any time, you do not have to wait until towards the end of your limited leave to remain. If possible, you should seek advice as soon as possible about when you should make any EUSS Zambrano application.

I have a pending application under Appendix FM – can I make an EUSS application?

The Home Office has agreed in the Consent Order[vi] that Zambrano carers can have Appendix FM and EUSS applications pending at the same time, as long as both applications are based on the same circumstances, for example, as the primary carer of a British citizen.

Also, under Home Office Guidance, making an EUSS application does not affect any other kind of human rights application (eg for leave outside the rules) that you have already made, or a pending asylum claim. [vii]

I currently have no leave to remain – what about me?

It is important to make an EUSS application by 30 June 2021, if at all possible. Making an application by 30 June 2021 automatically extends your right to reside under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations). [viii] This continues until the Home Office decides your application and, if they refuse it, until any appeal is finally decided. During this time, you will continue to have the right to reside, and to work in the UK. Your stay will be lawful which may matter, for example, if you later apply to naturalise as a British citizen.

If you miss the 30 June 2021 deadline, you have the right to make a late EUSS application (see above). The Home Office is considering issuing people who make a late application with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order. [ix]

If you are a Zambrano carer with no leave to remain and you miss the 30 June 2021 deadline and you are then encountered by Immigration Enforcement, under the Consent Order you should be identified as a person eligible to make an application as a Zambrano carer and directed to do so. You will be given a written notice and must make an application within the time period specified, normally within 28 days of the date of the written notice. [x]
Can I work legally after 30 June 2021?

If you have limited leave to remain with no prohibition on working, then you can work legally. Making a Zambrano EUSS application does not affect this. If your application is ultimately successful, that will not have a prohibition on working either.

If you are a Zambrano carer who does not have limited leave, but you made your Zambrano EUSS application by 30 June 2021 and it has not been decided (or your appeal against the refusal has not been decided), then you have a right to work. This is because you have a derivative right to reside in the UK and so section 15 of the Immigration, Asylum and Nationality Act 2006 does not apply to you. You can prove this right with your certificate of application.

If you do not have limited leave to remain and you did not make your Zambrano EUSS application by 30 June 2021, then you do not have a right to reside and therefore you cannot be legally employed by another person. [xi] There is no legal bar on such a person being self-employed, unless this is prohibited by conditions of their immigration bail.

Am I eligible for universal credit?

If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

Yes. A person with a pending EUSS application is not chargeable for NHS treatment:
regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

Anything else I should know?

There are reports across the sector that EUSS phone lines and services are extremely busy at the moment and many are struggling to get forms sent out to them either by post or email. Don’t panic. Continue to call regularly until you are able to get forms sent out to you either by post or email. As you can see from the above, if you receive your form and send it back to the Home Office after the deadline, it will still be considered as a valid application. The fact that the application is made late will not affect its prospects of success. Please remember that it can be important to seek legal advice before making any immigration application.

Awwwwwww. Thank youuuuuuu!!!!!!!

How are you Onomskky?. Longest time. Hope you are ok.

Darasimidd · Post by **Darasimidd** » Fri Jun 18, 2021 4:51 pm

Onomskky wrote: ↑
Fri Jun 18, 2021 3:27 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Additional info on what you are entitled to:
Based on Zambrano carers and the EUSS Scheme – What you need to know

The Akinsanya judgment on 9 June 2021
On 9 June 2021 the High Court ruled that the Home Office had misunderstood EU law; Zambrano carers rights to reside under EU law until 30 June 2021 were not affected by a grant of limited leave to remain, or by the possibility of getting limited leave to remain. The judgment is R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin).

Under the EU Settlement Scheme (EUSS) in Appendix EU to the Immigration Rules, Zambrano carers are only entitled to EUSS leave to remain if they do not have any other leave to remain. Home Office guidance added that Zambrano carers cannot have EUSS leave to remain if they could get other leave to remain.

In the Akinsanya judgment, Mr Justice Mostyn quashed the unlawful guidance. He also declared that the definition in Appendix EU of Zambrano carers is unlawful. He allowed the Home Office time to reconsider Appendix EU. It is not clear whether the Home Office will amend it or how they will amend it.

The Home Office will also ask the Court of Appeal for permission to appeal. Their application will be made on 21 June 2021 and will ask the Court of Appeal to deal with it very quickly (expedition). It is possible the Court of Appeal will decide the case in July, but it may not be until Autumn 2021.

The Akinsanya Consent Order on 17 June 2021

The Home Office will not reconsider Appendix EU until after the Court of Appeal proceedings, leaving Zambrano carers who have pending or possible applications under EUSS in a very uncertain situation. So Ms Akinsanya went back to court on 17 June 2021 asking for the Court to extend the time for Zambrano EUSS applications. The Home Office agreed to extend time and to set out their position on Zambrano carers until they have reconsidered Appendix EU.
Please follow the link to view the agreed Court Order and see below for a summary of what you need to know.

Does the 30 June 2021 deadline still matter?

Yes. The best way a Zambrano carer can protect their residence rights is to submit an EUSS application on or before 30 June 2021. If you do this, the Home Office will provide you with a certificate of application confirming your entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order.

Zambrano applicants cannot apply online, you must request a paper application first. You can do this by telephoning the Home Office UKVI Resolution Centre on 0300 123 7379. If you ask for the form to be emailed, you can return it by email. To meet this deadline, the completed form must reach the Home Office by 30 June 2021.

Will the Home Office accept late EUSS applications from Zambrano carers?

Yes. In the Consent Order, [ii] the Home Office agreed that they will accept Zambrano carer EUSS applications for a specified period running from publication of the outcome of her Zambrano reconsideration of Appendix EU. The Home Office will announce this period, but it will be at least 6 weeks. We do not know when the Home Office will complete their Zambrano reconsideration of Appendix EU. But it is very unlikely to be before the Court of Appeal has decided the case.

This means that missing the 30 June 2021 deadline will not affect your chances of getting leave to remain as a Zambrano carer under EUSS. But it will mean that your derivative right to reside under the EEA Regulations ends on 30 June 2021 and may affect your rights until that application is decided. This is important if you do not have leave to remain; it is best to apply by 30 June 2021 (see below).

What will happen to my Zambrano EUSS application?

The Home Office has suspended decisions on Zambrano cases that are affected by the Akinsanya judgment, until she has reconsidered Appendix EU see Consent Order. [iii] We do not know when the Home Office will complete the reconsideration. It is very unlikely she will do this before the Court of Appeal has made its decision in Akinsanya. But, the Home Office has agreed not to make any decisions on EUSS applications from Zambrano carers until that process is complete. This means that an application cannot be refused during this period of reconsideration.

What if I already have another form of limited leave to remain?

If you have limited leave to remain which expires after 30 June 2021, you have the right to make a late application under Appendix EU at any time before your limited leave expires.[iv]

This means that if you have 30 months leave to remain under Appendix FM you can make the EUSS Zambrano application before the expiry of that leave, and this will not affect the decision on it.

If you have a pending application to extend your limited leave which has not been finally determined, then under the Consent Order your right to make a late application continues until that extension ends. This which will be when the application is decided or, if it is refused with a right of appeal, when the appeal is decided. [v]

But you can make an EUSS Zambrano application at any time, you do not have to wait until towards the end of your limited leave to remain. If possible, you should seek advice as soon as possible about when you should make any EUSS Zambrano application.

I have a pending application under Appendix FM – can I make an EUSS application?

The Home Office has agreed in the Consent Order[vi] that Zambrano carers can have Appendix FM and EUSS applications pending at the same time, as long as both applications are based on the same circumstances, for example, as the primary carer of a British citizen.

Also, under Home Office Guidance, making an EUSS application does not affect any other kind of human rights application (eg for leave outside the rules) that you have already made, or a pending asylum claim. [vii]

I currently have no leave to remain – what about me?

It is important to make an EUSS application by 30 June 2021, if at all possible. Making an application by 30 June 2021 automatically extends your right to reside under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations). [viii] This continues until the Home Office decides your application and, if they refuse it, until any appeal is finally decided. During this time, you will continue to have the right to reside, and to work in the UK. Your stay will be lawful which may matter, for example, if you later apply to naturalise as a British citizen.

If you miss the 30 June 2021 deadline, you have the right to make a late EUSS application (see above). The Home Office is considering issuing people who make a late application with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order. [ix]

If you are a Zambrano carer with no leave to remain and you miss the 30 June 2021 deadline and you are then encountered by Immigration Enforcement, under the Consent Order you should be identified as a person eligible to make an application as a Zambrano carer and directed to do so. You will be given a written notice and must make an application within the time period specified, normally within 28 days of the date of the written notice. [x]
Can I work legally after 30 June 2021?

If you have limited leave to remain with no prohibition on working, then you can work legally. Making a Zambrano EUSS application does not affect this. If your application is ultimately successful, that will not have a prohibition on working either.

If you are a Zambrano carer who does not have limited leave, but you made your Zambrano EUSS application by 30 June 2021 and it has not been decided (or your appeal against the refusal has not been decided), then you have a right to work. This is because you have a derivative right to reside in the UK and so section 15 of the Immigration, Asylum and Nationality Act 2006 does not apply to you. You can prove this right with your certificate of application.

If you do not have limited leave to remain and you did not make your Zambrano EUSS application by 30 June 2021, then you do not have a right to reside and therefore you cannot be legally employed by another person. [xi] There is no legal bar on such a person being self-employed, unless this is prohibited by conditions of their immigration bail.

Am I eligible for universal credit?

If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

Yes. A person with a pending EUSS application is not chargeable for NHS treatment:
regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

Anything else I should know?

There are reports across the sector that EUSS phone lines and services are extremely busy at the moment and many are struggling to get forms sent out to them either by post or email. Don’t panic. Continue to call regularly until you are able to get forms sent out to you either by post or email. As you can see from the above, if you receive your form and send it back to the Home Office after the deadline, it will still be considered as a valid application. The fact that the application is made late will not affect its prospects of success. Please remember that it can be important to seek legal advice before making any immigration application.

Thank you for the information. Please I have a question, my daughter got her British passport August 2016 through her dad but I got my first leave to remain in 2017. I have renewed once, which expires September 2022. It means I have been in UK legally for 4 years, I will only be qualified for pre-settled. I am a single parent and I care for my daughter because she's classed as disabled. Next July I will be 5 years in UK, I will qualify for settled under zambrano

My question is if I make an application now and I get a pre-settled, can I continue to receive all my daughter's benefits? My leave to remain does not expire until September 2022

LULUBABY · Post by **LULUBABY** » Fri Jun 18, 2021 4:57 pm

Ngoo wrote: ↑
Fri Jun 11, 2021 12:51 pm

LULUBABY wrote: ↑
Fri Jun 11, 2021 9:06 am

snooky wrote: ↑
Fri Jun 11, 2021 8:26 am

Ngoo wrote: ↑
Fri Jun 11, 2021 5:59 am

snooky wrote: ↑
Thu Jun 10, 2021 9:52 pm
High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful.

R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin),

My advise to all who applied for zambrano before 31 December 2020 should reapply and invoke this high court judgement.

If you guys sit thinking HO will be writing to you to ask you guys to resubmit will be a dream which will never come through.

Bear in mind that HO can appeal this to deter people applying. Irrespective of their shenanigans, putting in your reapplication and letting them know of their discrimination towards you from the onset will let you stay in the game past 30 June 2020.

From the unreported cases which ruled HO policy and guidance unlawful to this, you guys now have the power especially those who identified themselves as zambrano before the end of the eea rules.

With me snooky, I saw this loophole in the EEA REG 16 7A long time and used it for so many people. As far as the former HO Secretaries refused to amend it through parliament and left it as it was then any guidance was to be treated null and void.

LTR isn't an exempt stay and thus comes under PSIC . 13(2) of the Asylum and Immigration Act 1996.

HO grammar has killed them like highe seat which killed miss Thomas' cat and also the greedy dog loses its bone.

The court has spoken and spoke very well.

Regards
@ Snooky, this is good news for all Zambrano carers . Best of luck to all the people that are still waiting and those that need to reapply. Keep going by God’s grace you will all get there.

So Snooky, with the present situation must you have an EEA card to apply as a Zambrano carer? That’s for either refused Zambrano carer or first timer. Remain blessed.

So Snooky, with the present situation must you have an EEA card to apply as a Zambrano carer? That’s for either refused Zambrano carer or first timer. Remain blessed.
You do not and has never be part of any promulgated laws from parliament.

HO played a good chess game with all zambrano people and the weak heart gave up, the lawyers as I have most time lashed them were not interested to use their knowledge of law to salvage the situation and lawyers helped HO to circulat fake news and pit fear in people

When I first ask people to bang in applications both eea and euss zambrano, lawyers disagreed with me and and called me reckless including those with LTR.

But the laws were clear. Laws supercedes guidance and trust me most people hear have got their ILR through their braveness .

You do not need to have a EEA card before you qualify as in Senneh vs SSWP ruling.

But this ruling really affect those who applied before we left the EU and the implementation period.

Now there's a case against the HO to extend the euss for zambrano people as they were not allowed to apply due to HO misinformation
Honestly Snooky, HO scored an own goal. HO has been dismantled into pieces and the bits piled into a heap. The Judge's analysis and choice of words - CLASSIC.

The Judge spoke for us all. Snooky remember when my LTR was expiring and we were all hoping they will keep delaying so I can qualify based on the guidance?. It then expired and you were like good, they have no option now but to give it to me, but to everybody's greatest shock they refused.

Paragraph 53 of that Judgement was my scenario, I have been reading it over and over again.

We have been saying it on this forum that a Zambrano carer is a Zambrano carer with or without a derivative card or LTR.

This Judgement is an OMG! piece.

That HO lawyer said he couldn't read what I wrote, I was making no sense, he was struggling to understand what point I was making. Fast forward June 9, 2021... In your face!. Who is having the last laugh?.

@Lulubaby, hope you’re doing well! Keep going you are almost there. I am so proud of you and many others on this forum. You all are warriors!
[/quote]

How are you Ngoo?. Hope you've started reaping the fruits of Settled Status as per bringing family member over.....

Like joke like joke mhhhhhh, very soon you will start asking them: Tea or Coffee, How many sugars?.(wrong English though).

Onomskky · Post by **Onomskky** » Fri Jun 18, 2021 5:33 pm

LULUBABY wrote: ↑
Fri Jun 18, 2021 4:15 pm

Onomskky wrote: ↑
Fri Jun 18, 2021 3:27 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right befottvre 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Additional info on what you are entitled to:
Based on Zambrano carers and the EUSS Scheme – What you need to know

The Akinsanya judgment on 9 June 2021
On 9 June 2021 the High Court ruled that the Home Office had misunderstood EU law; Zambrano carers rights to reside under EU law until 30 June 2021 were not affected by a grant of limited leave to remain, or by the possibility of getting limited leave to remain. The judgment is R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin).

Under the EU Settlement Scheme (EUSS) in Appendix EU to the Immigration Rules, Zambrano carers are only entitled to EUSS leave to remain if they do not have any other leave to remain. Home Office guidance added that Zambrano carers cannot have EUSS leave to remain if they could get other leave to remain.

In the Akinsanya judgment, Mr Justice Mostyn quashed the unlawful guidance. He also declared that the definition in Appendix EU of Zambrano carers is unlawful. He allowed the Home Office time to reconsider Appendix EU. It is not clear whether the Home Office will amend it or how they will amend it.

The Home Office will also ask the Court of Appeal for permission to appeal. Their application will be made on 21 June 2021 and will ask the Court of Appeal to deal with it very quickly (expedition). It is possible the Court of Appeal will decide the case in July, but it may not be until Autumn 2021.

The Akinsanya Consent Order on 17 June 2021

The Home Office will not reconsider Appendix EU until after the Court of Appeal proceedings, leaving Zambrano carers who have pending or possible applications under EUSS in a very uncertain situation. So Ms Akinsanya went back to court on 17 June 2021 asking for the Court to extend the time for Zambrano EUSS applications. The Home Office agreed to extend time and to set out their position on Zambrano carers until they have reconsidered Appendix EU.
Please follow the link to view the agreed Court Order and see below for a summary of what you need to know.

Does the 30 June 2021 deadline still matter?

Yes. The best way a Zambrano carer can protect their residence rights is to submit an EUSS application on or before 30 June 2021. If you do this, the Home Office will provide you with a certificate of application confirming your entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order.

Zambrano applicants cannot apply online, you must request a paper application first. You can do this by telephoning the Home Office UKVI Resolution Centre on 0300 123 7379. If you ask for the form to be emailed, you can return it by email. To meet this deadline, the completed form must reach the Home Office by 30 June 2021.

Will the Home Office accept late EUSS applications from Zambrano carers?

Yes. In the Consent Order, [ii] the Home Office agreed that they will accept Zambrano carer EUSS applications for a specified period running from publication of the outcome of her Zambrano reconsideration of Appendix EU. The Home Office will announce this period, but it will be at least 6 weeks. We do not know when the Home Office will complete their Zambrano reconsideration of Appendix EU. But it is very unlikely to be before the Court of Appeal has decided the case.

This means that missing the 30 June 2021 deadline will not affect your chances of getting leave to remain as a Zambrano carer under EUSS. But it will mean that your derivative right to reside under the EEA Regulations ends on 30 June 2021 and may affect your rights until that application is decided. This is important if you do not have leave to remain; it is best to apply by 30 June 2021 (see below).

What will happen to my Zambrano EUSS application?

The Home Office has suspended decisions on Zambrano cases that are affected by the Akinsanya judgment, until she has reconsidered Appendix EU see Consent Order. [iii] We do not know when the Home Office will complete the reconsideration. It is very unlikely she will do this before the Court of Appeal has made its decision in Akinsanya. But, the Home Office has agreed not to make any decisions on EUSS applications from Zambrano carers until that process is complete. This means that an application cannot be refused during this period of reconsideration.

What if I already have another form of limited leave to remain?

If you have limited leave to remain which expires after 30 June 2021, you have the right to make a late application under Appendix EU at any time before your limited leave expires.[iv]

This means that if you have 30 months leave to remain under Appendix FM you can make the EUSS Zambrano application before the expiry of that leave, and this will not affect the decision on it.

If you have a pending application to extend your limited leave which has not been finally determined, then under the Consent Order your right to make a late application continues until that extension ends. This which will be when the application is decided or, if it is refused with a right of appeal, when the appeal is decided. [v]

But you can make an EUSS Zambrano application at any time, you do not have to wait until towards the end of your limited leave to remain. If possible, you should seek advice as soon as possible about when you should make any EUSS Zambrano application.

I have a pending application under Appendix FM – can I make an EUSS application?

The Home Office has agreed in the Consent Order[vi] that Zambrano carers can have Appendix FM and EUSS applications pending at the same time, as long as both applications are based on the same circumstances, for example, as the primary carer of a British citizen.

Also, under Home Office Guidance, making an EUSS application does not affect any other kind of human rights application (eg for leave outside the rules) that you have already made, or a pending asylum claim. [vii]

I currently have no leave to remain – what about me?

It is important to make an EUSS application by 30 June 2021, if at all possible. Making an application by 30 June 2021 automatically extends your right to reside under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations). [viii] This continues until the Home Office decides your application and, if they refuse it, until any appeal is finally decided. During this time, you will continue to have the right to reside, and to work in the UK. Your stay will be lawful which may matter, for example, if you later apply to naturalise as a British citizen.

If you miss the 30 June 2021 deadline, you have the right to make a late EUSS application (see above). The Home Office is considering issuing people who make a late application with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order. [ix]

If you are a Zambrano carer with no leave to remain and you miss the 30 June 2021 deadline and you are then encountered by Immigration Enforcement, under the Consent Order you should be identified as a person eligible to make an application as a Zambrano carer and directed to do so. You will be given a written notice and must make an application within the time period specified, normally within 28 days of the date of the written notice. [x]
Can I work legally after 30 June 2021?

If you have limited leave to remain with no prohibition on working, then you can work legally. Making a Zambrano EUSS application does not affect this. If your application is ultimately successful, that will not have a prohibition on working either.

If you are a Zambrano carer who does not have limited leave, but you made your Zambrano EUSS application by 30 June 2021 and it has not been decided (or your appeal against the refusal has not been decided), then you have a right to work. This is because you have a derivative right to reside in the UK and so section 15 of the Immigration, Asylum and Nationality Act 2006 does not apply to you. You can prove this right with your certificate of application.

If you do not have limited leave to remain and you did not make your Zambrano EUSS application by 30 June 2021, then you do not have a right to reside and therefore you cannot be legally employed by another person. [xi] There is no legal bar on such a person being self-employed, unless this is prohibited by conditions of their immigration bail.

Am I eligible for universal credit?

If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

Yes. A person with a pending EUSS application is not chargeable for NHS treatment:
regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

Anything else I should know?

There are reports across the sector that EUSS phone lines and services are extremely busy at the moment and many are struggling to get forms sent out to them either by post or email. Don’t panic. Continue to call regularly until you are able to get forms sent out to you either by post or email. As you can see from the above, if you receive your form and send it back to the Home Office after the deadline, it will still be considered as a valid application. The fact that the application is made late will not affect its prospects of success. Please remember that it can be important to seek legal advice before making any immigration application.

Awwwwwww. Thank youuuuuuu!!!!!!!

How are you Onomskky?. Longest time. Hope you are ok.

Hi @Lulubaby I’m good and thanks for asking. I have been busy with work and I try to catch-up with the conversation on here when I can. I’m happy to see that you are keeping up the good fight with the HO which I’m 99.9% sure will succeed. The HO is currently running from pillar to post to secure a favourable judgement at the Appeal Court. The very interesting thing about the Akinsanya case is if the HO appeal based on the interpretation of the law, it can be countered based on their blatant discrimination against non-eu citizens. My advice to everyone who have previously been denied based on the fact they hold a LTR is to reapply on or before the 30th of June.

Onomskky · Post by **Onomskky** » Fri Jun 18, 2021 5:51 pm

Darasimidd wrote: ↑
Fri Jun 18, 2021 4:51 pm

Onomskky wrote: ↑
Fri Jun 18, 2021 3:27 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Additional info on what you are entitled to:
Based on Zambrano carers and the EUSS Scheme – What you need to know

The Akinsanya judgment on 9 June 2021
On 9 June 2021 the High Court ruled that the Home Office had misunderstood EU law; Zambrano carers rights to reside under EU law until 30 June 2021 were not affected by a grant of limited leave to remain, or by the possibility of getting limited leave to remain. The judgment is R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin).

Under the EU Settlement Scheme (EUSS) in Appendix EU to the Immigration Rules, Zambrano carers are only entitled to EUSS leave to remain if they do not have any other leave to remain. Home Office guidance added that Zambrano carers cannot have EUSS leave to remain if they could get other leave to remain.

In the Akinsanya judgment, Mr Justice Mostyn quashed the unlawful guidance. He also declared that the definition in Appendix EU of Zambrano carers is unlawful. He allowed the Home Office time to reconsider Appendix EU. It is not clear whether the Home Office will amend it or how they will amend it.

The Home Office will also ask the Court of Appeal for permission to appeal. Their application will be made on 21 June 2021 and will ask the Court of Appeal to deal with it very quickly (expedition). It is possible the Court of Appeal will decide the case in July, but it may not be until Autumn 2021.

The Akinsanya Consent Order on 17 June 2021

The Home Office will not reconsider Appendix EU until after the Court of Appeal proceedings, leaving Zambrano carers who have pending or possible applications under EUSS in a very uncertain situation. So Ms Akinsanya went back to court on 17 June 2021 asking for the Court to extend the time for Zambrano EUSS applications. The Home Office agreed to extend time and to set out their position on Zambrano carers until they have reconsidered Appendix EU.
Please follow the link to view the agreed Court Order and see below for a summary of what you need to know.

Does the 30 June 2021 deadline still matter?

Yes. The best way a Zambrano carer can protect their residence rights is to submit an EUSS application on or before 30 June 2021. If you do this, the Home Office will provide you with a certificate of application confirming your entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order.

Zambrano applicants cannot apply online, you must request a paper application first. You can do this by telephoning the Home Office UKVI Resolution Centre on 0300 123 7379. If you ask for the form to be emailed, you can return it by email. To meet this deadline, the completed form must reach the Home Office by 30 June 2021.

Will the Home Office accept late EUSS applications from Zambrano carers?

Yes. In the Consent Order, [ii] the Home Office agreed that they will accept Zambrano carer EUSS applications for a specified period running from publication of the outcome of her Zambrano reconsideration of Appendix EU. The Home Office will announce this period, but it will be at least 6 weeks. We do not know when the Home Office will complete their Zambrano reconsideration of Appendix EU. But it is very unlikely to be before the Court of Appeal has decided the case.

This means that missing the 30 June 2021 deadline will not affect your chances of getting leave to remain as a Zambrano carer under EUSS. But it will mean that your derivative right to reside under the EEA Regulations ends on 30 June 2021 and may affect your rights until that application is decided. This is important if you do not have leave to remain; it is best to apply by 30 June 2021 (see below).

What will happen to my Zambrano EUSS application?

The Home Office has suspended decisions on Zambrano cases that are affected by the Akinsanya judgment, until she has reconsidered Appendix EU see Consent Order. [iii] We do not know when the Home Office will complete the reconsideration. It is very unlikely she will do this before the Court of Appeal has made its decision in Akinsanya. But, the Home Office has agreed not to make any decisions on EUSS applications from Zambrano carers until that process is complete. This means that an application cannot be refused during this period of reconsideration.

What if I already have another form of limited leave to remain?

If you have limited leave to remain which expires after 30 June 2021, you have the right to make a late application under Appendix EU at any time before your limited leave expires.[iv]

This means that if you have 30 months leave to remain under Appendix FM you can make the EUSS Zambrano application before the expiry of that leave, and this will not affect the decision on it.

If you have a pending application to extend your limited leave which has not been finally determined, then under the Consent Order your right to make a late application continues until that extension ends. This which will be when the application is decided or, if it is refused with a right of appeal, when the appeal is decided. [v]

But you can make an EUSS Zambrano application at any time, you do not have to wait until towards the end of your limited leave to remain. If possible, you should seek advice as soon as possible about when you should make any EUSS Zambrano application.

I have a pending application under Appendix FM – can I make an EUSS application?

The Home Office has agreed in the Consent Order[vi] that Zambrano carers can have Appendix FM and EUSS applications pending at the same time, as long as both applications are based on the same circumstances, for example, as the primary carer of a British citizen.

Also, under Home Office Guidance, making an EUSS application does not affect any other kind of human rights application (eg for leave outside the rules) that you have already made, or a pending asylum claim. [vii]

I currently have no leave to remain – what about me?

It is important to make an EUSS application by 30 June 2021, if at all possible. Making an application by 30 June 2021 automatically extends your right to reside under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations). [viii] This continues until the Home Office decides your application and, if they refuse it, until any appeal is finally decided. During this time, you will continue to have the right to reside, and to work in the UK. Your stay will be lawful which may matter, for example, if you later apply to naturalise as a British citizen.

If you miss the 30 June 2021 deadline, you have the right to make a late EUSS application (see above). The Home Office is considering issuing people who make a late application with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order. [ix]

If you are a Zambrano carer with no leave to remain and you miss the 30 June 2021 deadline and you are then encountered by Immigration Enforcement, under the Consent Order you should be identified as a person eligible to make an application as a Zambrano carer and directed to do so. You will be given a written notice and must make an application within the time period specified, normally within 28 days of the date of the written notice. [x]
Can I work legally after 30 June 2021?

If you have limited leave to remain with no prohibition on working, then you can work legally. Making a Zambrano EUSS application does not affect this. If your application is ultimately successful, that will not have a prohibition on working either.

If you are a Zambrano carer who does not have limited leave, but you made your Zambrano EUSS application by 30 June 2021 and it has not been decided (or your appeal against the refusal has not been decided), then you have a right to work. This is because you have a derivative right to reside in the UK and so section 15 of the Immigration, Asylum and Nationality Act 2006 does not apply to you. You can prove this right with your certificate of application.

If you do not have limited leave to remain and you did not make your Zambrano EUSS application by 30 June 2021, then you do not have a right to reside and therefore you cannot be legally employed by another person. [xi] There is no legal bar on such a person being self-employed, unless this is prohibited by conditions of their immigration bail.

Am I eligible for universal credit?

If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

Yes. A person with a pending EUSS application is not chargeable for NHS treatment:
regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

Anything else I should know?

There are reports across the sector that EUSS phone lines and services are extremely busy at the moment and many are struggling to get forms sent out to them either by post or email. Don’t panic. Continue to call regularly until you are able to get forms sent out to you either by post or email. As you can see from the above, if you receive your form and send it back to the Home Office after the deadline, it will still be considered as a valid application. The fact that the application is made late will not affect its prospects of success. Please remember that it can be important to seek legal advice before making any immigration application.

Thank you for the information. Please I have a question, my daughter got her British passport August 2016 through her dad but I got my first leave to remain in 2017. I have renewed once, which expires September 2022. It means I have been in UK legally for 4 years, I will only be qualified for pre-settled. I am a single parent and I care for my daughter because she's classed as disabled. Next July I will be 5 years in UK, I will qualify for settled under zambrano

My question is if I make an application now and I get a pre-settled, can I continue to receive all my daughter's benefits? My leave to remain does not expire until September 2022

Fratila case - In December 2020, the Court of Appeal handed down a very significant decision improving access to benefits such as Universal Credit for EU citizens with pre-settled status. A stay on that decision (i.e. it didn’t take legal effect) was in place until 26 February 2021. The Supreme Court have granted permission to hear the case. My advice to you is put in your EUSS application and don’t let the upcoming judgement put you off as this is another case the HO will lose. Weigh the pros and cons of getting your settled stay in less than a year should your application succeed.

LULUBABY · Post by **LULUBABY** » Fri Jun 18, 2021 6:12 pm

Onomskky wrote: ↑
Fri Jun 18, 2021 5:33 pm

LULUBABY wrote: ↑
Fri Jun 18, 2021 4:15 pm

Onomskky wrote: ↑
Fri Jun 18, 2021 3:27 pm

snooky wrote: ↑
Wed Jun 16, 2021 6:44 am

Greatgreat wrote: ↑
Wed Jun 16, 2021 5:03 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right befottvre 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.
Can I write to them to review my application? As they are refusing to send new form now.

Thanks

1. You can still do your appeal if there's a food ground which made you not taken advantage during its 14 day period.

2. It possible to ask the HO for review based on the HC which has explicitly stated the Zambrano guidance both euss and eea is wrong and must be torn down ASAP.

3. It is the HOs duty to write to all who were refused EEA Zambrano and euss zambrano to re submit new evidence so that reconsideration could be done.

4. You can resubmit a new application
Additional info on what you are entitled to:
Based on Zambrano carers and the EUSS Scheme – What you need to know

The Akinsanya judgment on 9 June 2021
On 9 June 2021 the High Court ruled that the Home Office had misunderstood EU law; Zambrano carers rights to reside under EU law until 30 June 2021 were not affected by a grant of limited leave to remain, or by the possibility of getting limited leave to remain. The judgment is R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin).

Under the EU Settlement Scheme (EUSS) in Appendix EU to the Immigration Rules, Zambrano carers are only entitled to EUSS leave to remain if they do not have any other leave to remain. Home Office guidance added that Zambrano carers cannot have EUSS leave to remain if they could get other leave to remain.

In the Akinsanya judgment, Mr Justice Mostyn quashed the unlawful guidance. He also declared that the definition in Appendix EU of Zambrano carers is unlawful. He allowed the Home Office time to reconsider Appendix EU. It is not clear whether the Home Office will amend it or how they will amend it.

The Home Office will also ask the Court of Appeal for permission to appeal. Their application will be made on 21 June 2021 and will ask the Court of Appeal to deal with it very quickly (expedition). It is possible the Court of Appeal will decide the case in July, but it may not be until Autumn 2021.

The Akinsanya Consent Order on 17 June 2021

The Home Office will not reconsider Appendix EU until after the Court of Appeal proceedings, leaving Zambrano carers who have pending or possible applications under EUSS in a very uncertain situation. So Ms Akinsanya went back to court on 17 June 2021 asking for the Court to extend the time for Zambrano EUSS applications. The Home Office agreed to extend time and to set out their position on Zambrano carers until they have reconsidered Appendix EU.
Please follow the link to view the agreed Court Order and see below for a summary of what you need to know.

Does the 30 June 2021 deadline still matter?

Yes. The best way a Zambrano carer can protect their residence rights is to submit an EUSS application on or before 30 June 2021. If you do this, the Home Office will provide you with a certificate of application confirming your entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order.

Zambrano applicants cannot apply online, you must request a paper application first. You can do this by telephoning the Home Office UKVI Resolution Centre on 0300 123 7379. If you ask for the form to be emailed, you can return it by email. To meet this deadline, the completed form must reach the Home Office by 30 June 2021.

Will the Home Office accept late EUSS applications from Zambrano carers?

Yes. In the Consent Order, [ii] the Home Office agreed that they will accept Zambrano carer EUSS applications for a specified period running from publication of the outcome of her Zambrano reconsideration of Appendix EU. The Home Office will announce this period, but it will be at least 6 weeks. We do not know when the Home Office will complete their Zambrano reconsideration of Appendix EU. But it is very unlikely to be before the Court of Appeal has decided the case.

This means that missing the 30 June 2021 deadline will not affect your chances of getting leave to remain as a Zambrano carer under EUSS. But it will mean that your derivative right to reside under the EEA Regulations ends on 30 June 2021 and may affect your rights until that application is decided. This is important if you do not have leave to remain; it is best to apply by 30 June 2021 (see below).

What will happen to my Zambrano EUSS application?

The Home Office has suspended decisions on Zambrano cases that are affected by the Akinsanya judgment, until she has reconsidered Appendix EU see Consent Order. [iii] We do not know when the Home Office will complete the reconsideration. It is very unlikely she will do this before the Court of Appeal has made its decision in Akinsanya. But, the Home Office has agreed not to make any decisions on EUSS applications from Zambrano carers until that process is complete. This means that an application cannot be refused during this period of reconsideration.

What if I already have another form of limited leave to remain?

If you have limited leave to remain which expires after 30 June 2021, you have the right to make a late application under Appendix EU at any time before your limited leave expires.[iv]

This means that if you have 30 months leave to remain under Appendix FM you can make the EUSS Zambrano application before the expiry of that leave, and this will not affect the decision on it.

If you have a pending application to extend your limited leave which has not been finally determined, then under the Consent Order your right to make a late application continues until that extension ends. This which will be when the application is decided or, if it is refused with a right of appeal, when the appeal is decided. [v]

But you can make an EUSS Zambrano application at any time, you do not have to wait until towards the end of your limited leave to remain. If possible, you should seek advice as soon as possible about when you should make any EUSS Zambrano application.

I have a pending application under Appendix FM – can I make an EUSS application?

The Home Office has agreed in the Consent Order[vi] that Zambrano carers can have Appendix FM and EUSS applications pending at the same time, as long as both applications are based on the same circumstances, for example, as the primary carer of a British citizen.

Also, under Home Office Guidance, making an EUSS application does not affect any other kind of human rights application (eg for leave outside the rules) that you have already made, or a pending asylum claim. [vii]

I currently have no leave to remain – what about me?

It is important to make an EUSS application by 30 June 2021, if at all possible. Making an application by 30 June 2021 automatically extends your right to reside under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations). [viii] This continues until the Home Office decides your application and, if they refuse it, until any appeal is finally decided. During this time, you will continue to have the right to reside, and to work in the UK. Your stay will be lawful which may matter, for example, if you later apply to naturalise as a British citizen.

If you miss the 30 June 2021 deadline, you have the right to make a late EUSS application (see above). The Home Office is considering issuing people who make a late application with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of your Zambrano application, see Consent Order. [ix]

If you are a Zambrano carer with no leave to remain and you miss the 30 June 2021 deadline and you are then encountered by Immigration Enforcement, under the Consent Order you should be identified as a person eligible to make an application as a Zambrano carer and directed to do so. You will be given a written notice and must make an application within the time period specified, normally within 28 days of the date of the written notice. [x]
Can I work legally after 30 June 2021?

If you have limited leave to remain with no prohibition on working, then you can work legally. Making a Zambrano EUSS application does not affect this. If your application is ultimately successful, that will not have a prohibition on working either.

If you are a Zambrano carer who does not have limited leave, but you made your Zambrano EUSS application by 30 June 2021 and it has not been decided (or your appeal against the refusal has not been decided), then you have a right to work. This is because you have a derivative right to reside in the UK and so section 15 of the Immigration, Asylum and Nationality Act 2006 does not apply to you. You can prove this right with your certificate of application.

If you do not have limited leave to remain and you did not make your Zambrano EUSS application by 30 June 2021, then you do not have a right to reside and therefore you cannot be legally employed by another person. [xi] There is no legal bar on such a person being self-employed, unless this is prohibited by conditions of their immigration bail.

Am I eligible for universal credit?

If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

Yes. A person with a pending EUSS application is not chargeable for NHS treatment:
regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

Anything else I should know?

There are reports across the sector that EUSS phone lines and services are extremely busy at the moment and many are struggling to get forms sent out to them either by post or email. Don’t panic. Continue to call regularly until you are able to get forms sent out to you either by post or email. As you can see from the above, if you receive your form and send it back to the Home Office after the deadline, it will still be considered as a valid application. The fact that the application is made late will not affect its prospects of success. Please remember that it can be important to seek legal advice before making any immigration application.

Awwwwwww. Thank youuuuuuu!!!!!!!

How are you Onomskky?. Longest time. Hope you are ok.

Hi @Lulubaby I’m good and thanks for asking. I have been busy with work and I try to catch-up with the conversation on here when I can. I’m happy to see that you are keeping up the good fight with the HO which I’m 99.9% sure will succeed. The HO is currently running from pillar to post to secure a favourable judgement at the Appeal Court. The very interesting thing about the Akinsanya case is if the HO appeal based on the interpretation of the law, it can be countered based on their blatant discrimination against non-eu citizens. My advice to everyone who have previously been denied based on the fact they hold a LTR is to reapply on or before the 30th of June.

Thanks. Good to hear from you again. I am just wondering if I should put in another application too or just keep waiting for a hearing date for JR. Home Office delaying tactics are not helping matters.

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

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

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

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

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

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

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

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

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

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

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

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

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