Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

LULUBABY wrote: ↑

Tue Jul 13, 2021 11:01 pm

Obie wrote: ↑

Tue Jul 13, 2021 10:16 pm

Well I think you should be a bit cautious here, as much as I see a very good prospect here with Akinsanya, in litigation there are very good cases lost, and sometimes weaker cases won.

At present, they are making an undertaking to pay your legal fees, then following the outcome of the COA, they will consider your case within 3 months.

You need to appreciate, that the Upper Tribunal may likely stay the proceedings, and if that happens, your case will not be determined until after Akinsanya.

The Home Office may seek their cost from the day they proposed the consent order, as they could say there is no reason for the case to have proceed, as you ended up with the same remedy.

Even if you succeed in your JR, which has good prospect, the remedy you will receive, will be a quashing order. The Hope Office will not be ordered to issue ILR.

If for some strange reason, Akinsanya is lost, i know it is a small prospect, but in law you always have to prepare for the possibility a case may be lost. Then you will have to pay for Home Office cost, and you would have gained nothing in the process.

So I will advice you think this through very carefully.

I just googled quashing order and it says nullifies a decision which has been made by a public body. If the refusal decision is nullified I was thinking HO will have no option that to give me Settled Status since I have been over 5years.
It's just that the link you posted yesterday showing that the Appeal had been filed showed up till July 2023 for Akinsanya case to be heard. I am really worried that due to all these delays in the courts due to Covid, that the Appeal will take ages

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:31 am

Morning all,
I just received a letter from HO, I thought It was a biometric letter but it’s a letter saying they have received my application and the caseworker is checking if I made the correct application. That has never happened with my previous EUSS application. Has someone else received that kind of letter?

Obie wrote: ↑

Tue Jul 13, 2021 11:12 pm

If a decision is quashed, it means the decision maker has to then make a lawful decision. The consequences is that you will be granted status, but the Upper Tribunal cannot order them to grant you a status.

Please ignore the dates on the court listing. The case has been passed on to listing team, and i gathered it will be expedited. So my take is that before the end of the Autumn season we will have a decision on this matter, provided they have not withdrawn by then.

I remember being involved in an EU damages claim where a man was awarded about 150K, back in 2016. Home Office appealed the decision, they got permission to appeal, and withdrew the appeal 6 days prior to hearing.

This appeal is just to gain leverage.

I am sure the Home Office can see the writing on the wall.

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:35 am

59C5DC5F-2BD4-4055-937A-735E10FF5D8D.jpeg
Here is the letter

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:35 am

59C5DC5F-2BD4-4055-937A-735E10FF5D8D.jpeg
Here is the letter

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:35 am

59C5DC5F-2BD4-4055-937A-735E10FF5D8D.jpeg
Here is the letter

MissKhe wrote: ↑

Wed Jul 14, 2021 10:45 am

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:35 am

59C5DC5F-2BD4-4055-937A-735E10FF5D8D.jpeg
Here is the letter

Hmmmm this is new for sure, I'm still waiting for the confirmation letter and my documents from them, did they return your documents with this letter, yr passport and yr child's passport?

Tina87 wrote: ↑

Wed Jul 14, 2021 11:21 am

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:35 am

59C5DC5F-2BD4-4055-937A-735E10FF5D8D.jpeg
Here is the letter

Not yet, and when did you send the documents, and how, online or through paper post? Just wish to know because I did mine through online, but haven't heard anything from them yet.

LULUBABY wrote: ↑

Wed Jul 14, 2021 3:32 pm

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:35 am

59C5DC5F-2BD4-4055-937A-735E10FF5D8D.jpeg
Here is the letter

I think this is just a normal letter acknowledging receipt of your application. Remember if it was before, this will serve as a COA but because the new COA will no longer just serve as an acknowledgement of Application but instead will now be used for renting and stuff, HO wants to make sure it is given after Biometrics has been done, in order to be sure the right people get the COA.

JB007 wrote: ↑

Wed Jul 14, 2021 8:45 am

Miss-Suz wrote: ↑

Wed Jul 14, 2021 8:31 am

Morning all,
I just received a letter from HO, I thought It was a biometric letter but it’s a letter saying they have received my application and the caseworker is checking if I made the correct application. That has never happened with my previous EUSS application. Has someone else received that kind of letter?

Anything to do with this? Hackney Community Law Centrre took the the Akinsanya case to court, state-

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.
https://hclc.org.uk/2021/06/zambrano-ca ... d-to-know/

gee4 wrote: ↑

Mon Jul 12, 2021 7:59 pm

LULUBABY wrote: ↑

Thu Jul 08, 2021 5:19 pm

gee4 wrote: ↑

Wed Jul 07, 2021 2:27 pm

Obie wrote: ↑

Wed Jul 07, 2021 2:04 pm

gee4 wrote: ↑

Wed Jul 07, 2021 1:50 pm

Obie wrote: ↑

Wed Jul 07, 2021 1:35 pm

Try the digital one.

https://user-auth.apply-to-visit-or-sta ... %20profile

I have tracked severally on there and still showing your application has been refused as it has been showing since my Zambrano application was refused

I think that is wrong. The Home Office has made an undertaking before the Admin court that people in your situation will be permitted to work pending the decision in the Court of appeal . That consent order and undertaking is legally binding.

Write and ask for COA permitting you to work. If they insist on not giving you one, send the Consent order before the court and threaten JR, and follow it on.

Who do I write to request this please, I’ve been searching and calling just to find a solution to being able to prove my right to work.
Where can I find this undertaking before the Admin court please

Gee, did you manage to write them?.

Hi Lullaby, I’m still struggling to confirm my right to work. I requested for my COA but my employer is requesting that I should provide another evidence as the COA is dated over a year now that the application should have been concluded.
I don’t know what else I can do, I feel so helpless and wondering why HO has decided to be so unfair, I have no current leave to remain which makes everything so difficult for me.

apollo_alpha wrote: ↑

Sat Jul 10, 2021 3:41 pm

Hi All,

I have received notification from the FTt this morning about the Home Office requesting permission to appeal the FTt decision to the Upper tribunal.

Not what i want but will keep you posted about whether they are grated permission to appeal to the Upper tribubal.

Im also interested to know if the Home Office got permission to appeal the Akinsanya judgement to the court of Appeal.

@Lulubaby have the home office confirmed if they got permission to appeal to the Court of Appeal?

snooky wrote: ↑

Wed Jul 07, 2021 7:15 am

@Lulubaby

Be strong at this moment as the HO psychological fight is already won by you.

Is a matter of time that the joy of the morning will be coming to you like the rain that falls on everyone's roof top.

You affliction is heard by your maker and has granted you your wish that's why you are here with us.

Be like the lion of David and the conqueror of tribe of judge.

Peace

LULUBABY wrote: ↑

Thu Jul 15, 2021 1:56 pm

snooky wrote: ↑

Wed Jul 07, 2021 7:15 am

@Lulubaby

Be strong at this moment as the HO psychological fight is already won by you.

Is a matter of time that the joy of the morning will be coming to you like the rain that falls on everyone's roof top.

You affliction is heard by your maker and has granted you your wish that's why you are here with us.

Be like the lion of David and the conqueror of tribe of judge.

Peace

Hello Snooky, please I am still trying to understand how this thing works. I thought anything someone wins an appeal the HO will always be asked to pay that person's costs?.

Obie wrote: ↑

Thu Jul 15, 2021 8:27 pm

LULUBABY, there is a difference between an appeal and a JR. In appeals a person either has his appeal dismissed or allowed. Once an appeal is allowed the decision maker must issue your visa to give effect to the decision.

In JR, the situation is different as you are not challenging the merits of the case, but the lawfulness of the decision. If you succeed the court or upper Tribunal will either issue an order declaring the decision to be unlawful or a quashing order, requiring the Home Office to make a new decision.

In Appeal the law provides for the Home Office to refund your appeal fee, or in exceptional circumstances to pay your entire cost, if they acted unreasonable in refusing you, or they acted in a way they resulted in an aborted hearing.

In JR, they always pay entire cost. So your question on appeal refund will not assist, it is like comparing apples and oranges.

snooky wrote: ↑

Thu Jul 15, 2021 7:34 pm

LULUBABY wrote: ↑

Thu Jul 15, 2021 1:56 pm

snooky wrote: ↑

Wed Jul 07, 2021 7:15 am

@Lulubaby

Be strong at this moment as the HO psychological fight is already won by you.

Is a matter of time that the joy of the morning will be coming to you like the rain that falls on everyone's roof top.

You affliction is heard by your maker and has granted you your wish that's why you are here with us.

Be like the lion of David and the conqueror of tribe of judge.

Peace

Hello Snooky, please I am still trying to understand how this thing works. I thought anything someone wins an appeal the HO will always be asked to pay that person's costs?.

HO could be asked to pay your cost of they have behaved unreasonably or If the Home Office fails to respond, maintains the refusal decision for inadequate reasons, or only withdraws the decision at a very late stage, the Appellant should consider applying to the Tribunal for an order that the Home Office pay their costs in the appeal.

Read The test cases of Awuah and Others and that will help you alot.

Fee remission is a new stuff and still developing.

Eboniangel wrote: ↑

Fri Jul 16, 2021 12:31 pm

Hi guys this is from the Hackney Law Centre Twitter page - " UPDATE Zambrano EUSS: The SSHD has been granted permission to appeal to Court of Appeal - to be heard before end of year. Applicants will have minimum 6 weeks from date Home Office change their policy - not from deadline of 30 June 2021* - to submit EUSS applications"