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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

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

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

marcidevpal
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Australia

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

Post by marcidevpal » Tue Nov 08, 2022 11:04 pm

A witness statement is about YOU

A skeleton argument is about the LAW

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

Post by marcidevpal » Tue Nov 08, 2022 11:07 pm

ATTENTION!

Don't just copy and paste the skeleton argument and witness statement. Just use it as an example. Make your own document. Choose your own arguments. There are plenty of points over these pages, or you can talk to a charity or a solicitor.

The previous examples are NOT legal advice. Thanks and best of luck :)

Nyamebeye
Member
Posts: 165
Joined: Tue Sep 02, 2014 1:05 am

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

Post by Nyamebeye » Thu Nov 10, 2022 5:12 pm

Where did I sleep?
Well..., I applied for a replacement BRC to reflect my settled status from the pre-settled I held. I got it in 2 days 😳. I did biometric on Friday 4th. Got it on Sun 6th. Unbelievable 😳. Didn't know they work on Sundays now. I thought I was dreaming. I was prepared to wait like 6months esp as my pre settled was no where near expiration.

Eburnie27
Newbie
Posts: 42
Joined: Sun May 29, 2022 1:14 am
Cote D-Ivoire

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

Post by Eburnie27 » Thu Nov 10, 2022 6:16 pm

Nyamebeye wrote:
Thu Nov 10, 2022 5:12 pm
Where did I sleep?
Well..., I applied for a replacement BRC to reflect my settled status from the pre-settled I held. I got it in 2 days 😳. I did biometric on Friday 4th. Got it on Sun 6th. Unbelievable 😳. Didn't know they work on Sundays now. I thought I was dreaming. I was prepared to wait like 6months esp as my pre settled was no where near expiration.

🤣🤣🤣🤣🤣🤣🤣🤣😂😂😂😂😂
God works in mysterious ways. I am really happy for you

mubashir1981
Member of Standing
Posts: 282
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

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

Post by mubashir1981 » Tue Nov 15, 2022 11:38 pm

Nyamebeye wrote:
Thu Nov 10, 2022 5:12 pm
Where did I sleep?
Well..., I applied for a replacement BRC to reflect my settled status from the pre-settled I held. I got it in 2 days 😳. I did biometric on Friday 4th. Got it on Sun 6th. Unbelievable 😳. Didn't know they work on Sundays now. I thought I was dreaming. I was prepared to wait like 6months esp as my pre settled was no where near expiration.
Brp department is the only efficient in HO.

mubashir1981
Member of Standing
Posts: 282
Joined: Sat Apr 06, 2019 9:28 am
Pakistan

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

Post by mubashir1981 » Tue Nov 15, 2022 11:39 pm

Nyamebeye wrote:
Thu Nov 10, 2022 5:12 pm
Where did I sleep?
Well..., I applied for a replacement BRC to reflect my settled status from the pre-settled I held. I got it in 2 days 😳. I did biometric on Friday 4th. Got it on Sun 6th. Unbelievable 😳. Didn't know they work on Sundays now. I thought I was dreaming. I was prepared to wait like 6months esp as my pre settled was no where near expiration.
Brp department is the only efficient in HO.

Mypapers
Newly Registered
Posts: 13
Joined: Mon Apr 11, 2022 9:59 pm
Albania

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

Post by Mypapers » Wed Nov 16, 2022 12:19 am

Hi
I still have two pending cases with Home Office
The Zambrano application
2 1/2 years Visa 10 year route
Now i am three months pregnant with my second child. Do I need to inform Home Office about this and will it make any difference in my applications outcome
thank you

Nyamebeye
Member
Posts: 165
Joined: Tue Sep 02, 2014 1:05 am

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

Post by Nyamebeye » Wed Nov 16, 2022 6:40 pm

Mypapers wrote:
Wed Nov 16, 2022 12:19 am
Hi
I still have two pending cases with Home Office
The Zambrano application
2 1/2 years Visa 10 year route
Now i am three months pregnant with my second child. Do I need to inform Home Office about this and will it make any difference in my applications outcome
thank you
No, unless not having a decision on both applications is impacting on you( work, emergency travel, access to Healthcare) etc. Being pregnant alone would not add any weight to both applications.

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

Post by marcidevpal » Fri Nov 18, 2022 4:51 pm

If you are making an appeal based on your human rights, you may want to know

Based on a recent article,
On October 17, UK Justice Secretary Dominic Raab announced his intention to overhaul the Human Rights Act.

Raab said he wanted to "stop Strasbourg dictating to us" and promised to find a way to allow the government to "correct" the judgments of the European Court of Human Rights (ECHR).

The UK’s 1998 Human Rights Act requires the UK courts to take into account the laws set out in the European Convention on Human Rights, which was signed by the UK in 1949.

Like all signatories, the UK is bound to recognise the authority of the ECHR, which was established in 1959. The government simply does not have the authority to declare that any ECHR ruling is wrong.

But if he or anyone else wants to reject the authority of the ECHR and its judges, it would mean not just repealing the Human Rights Act, but also leaving the convention.

It is not for any signatory government, however properly elected, to decide that any of the court’s judgments is or is not correct.

marcidevpal
Member
Posts: 139
Joined: Fri Oct 28, 2022 8:36 am
Mood:
Australia

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

Post by marcidevpal » Wed Nov 23, 2022 10:01 am

IN THE FIRST TIER TRIBUNAL
Appeal No. 123456789
BETWEEN:

MRS ALIYA JOHNSON
Claimant/Respondent

and


SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant/Applicant

___________________________________________

Skeleton Argument on behalf of the Claimant
___________________________________________

1. This is the Claimant’s skeleton argument.

KEY READING

2. The Court is likely to require 60 minutes of reading. The key documents are listed below:

a. Application dated 25 January 2020
b. Refusal letter dated 14 July 2022
c. Witness Statement of Mrs Aliya Johnson dated 13 November 2022 (“WS/AJ”)
d. Notice of Decision dated 10 July 2022

PRELIMINARIES

3. The Defendant has a pending judicial review before the Upper Tribunal in Akinsaya v SSHD.

FACTUAL BACKGROUND

4. In the refusal letter, on page 2, paragraph 5, the respondent states,
Reasons why your application has been refused

1. you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been 'a person with a Zambrano right to reside.' Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and

2. that continuous qualifying period in the UK as a 'person with a Zambrano right to reside' must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub-paragraph (b) or (c) of the definition of a 'relevant EEA family permit case' in Annex 1 to Appendix EU; and

3. you must meet one of the following: either:

(a) your continuous qualifying period in the UK as a 'person with a Zambrano right to reside' must be continuing at the date of your application to the scheme; or

(b) your continuous qualifying period in the UK as a 'person with a Zambrano right to reside' must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or

(c) at the date of your application to the scheme, you must be a 'person who had a derivative or Zambrano right to reside' immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.

Your application has been refused because you do not satisfy paragraphs [1, 2 and/or 3] above.

The respondent further writes,
"Your continuous qualifying period in the UK as a 'person with a Zambrano right to reside' was not continuing at the specified date or at the date of your application to the EU Settlement Scheme, as you held leave to remain under another part of the Immigration Rules a those dates. You therefore do not meet the requirements of (a) or (b) in paragraph 3, above."
and also,
"At the date of your application you were not a 'person who had a derivative or Zambrano right to reside' (as defined in Annex 1 to Appendix EU), as you were not 'a person with a Zambrano right to reside' immediately before meeting another qualifying category under sub-paragraph (a) of condition 3 in the rule EU11 and remaining in that or another such category through to the date of application."
5. The respondent is wrong to reach this decision

Paragraph 1

A person with a Zambrano right to reside is a person who holds leave to remain under another part of the Immigration Rules, so long as the leave to remain was granted after the person became a Zambrano carer.

Paragraph 2

Ms Johnson's status as a person with a Zambrano right to reside is evidenced by the child's birth certificate, council tax receipts, etc.

Paragraph 3

(a) Under the EEA Regulations, Ms Johnson became a person with a Zambrano carer in January 2015. By December 2020, Ms Johnson was still a Zambrano carer, or

(b) Under the EEA Regulations, Ms Johnson became a person with a Zambrano carer in January 2015. By December 2020, Ms Johnson had completed the required five years as a Zambrano carer, or

(c) Ms Johnson was a Zambrano carer, as defined by the EEA Regulations in January 2015 immediately before she became the family member of an EEA citizen in January 2018.

UK CASE LAW

6. In Supreme Court Decision, MM and others v SSHD
insert reference
discussion

7. In Upper Tribunal Decision, SSHD v Zarmir, UPPER TRIBUNAL JUDGE SMITH explains
I have carefully considered the Court of Appeal's judgment in Akinsanya. In that case, the appellant was a person who had already been granted limited leave to remain in the UK. The Respondent's argument was that, as a person with a domestic law right to remain in the UK, a right to reside could not arise as there would be no need for that person to leave and therefore no compulsion on the EEA national to leave with that person. The appellant's argument was that the right existed independently of whether a person had a domestic law right to remain.

The Court resolved that issue in the Respondent's favour (see [54] and [55] of the judgment). However, crucially, the Court went on when dealing with the second ground in that appeal, to find that regulation 16 of the EEA Regulations could still be met if a person had only limited leave to remain. As Mr Thompson pointed out, the appellant in Akinsanya won her appeal notwithstanding that she already had limited leave to remain.
I also agree with Mr Thompson, however, that Akinsanya is not directly on point in this appeal since at the time of the Decision, the Appellant did not have any leave to remain. It is only as a result of the allowing of the appeal also on Article 8 grounds (and subsequent grant of leave whether consequent on the outcome of the appeal or further application) that the Appellant has been granted leave to remain. That cannot therefore disclose any error of law on the part of this Judge. It is for that reason that I rejected the Respondent's request for an adjournment.

As Mr Thompson pointed out, the Judge applied the correct test to whether the Appellant met the EEA Regulations (see [13] and [14] of the Decision). Contrary to what is said in the grant of permission, the Judge was right to focus on regulation 16 of the EEA Regulations. The Judge clearly understood that the Respondent's decision under appeal was in response to an application under the EU settlement scheme (see [2] of the Decision). However, crucially the question to be answered in that regard, as the Respondent's decision under appeal made clear, was whether the Appellant had a right to reside under regulation 16 of the EEA Regulations. The Judge was therefore right to decide that issue as she did at [13] and [14] of the Decision.

For those reasons, I conclude that the Judge did not err in law. She determined the issues under both EU law and domestic law, applying the correct tests. Although the Appellant, following the Decision (if it were not appealed and now due to the grant of leave) was entitled to limited leave to remain, she did not have leave to remain at that time. Crucially, even if she did, that leave would not have been sufficient to preclude her relying on her Zambrano rights as such leave would have been limited. Based on the Court of Appeal's judgment in Akinsanya, she could therefore still enjoy a Zambrano right to reside, independently of her grant of limited leave. The Judge did not therefore err in her conclusion that the Appellant had a right to reside under regulation 16 of the EEA Regulations and by allowing the appeal also on this basis.
discuss


EUROPEAN CONVENTION ON HUMAN RIGHTS

8. Under Article 8 of the European Convention on the Protection of Human Rights,

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Next, make your point about how this article relates to you

UNITED NATIONS

9. Under the International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966)
insert reference from the convenant
add your point



EU DIRECTIVES

10. Although the UK is no longer part of the EU, the logic of Council Directive 2004/83/EC (the Qualification Directive) is relevant
insert reference
discuss why relevant

11. Directive 2003/109/EC (the Long-term Residents Directive, or LTRD) is also instructive
insert reference
explain why

EU CASE LAW

12. In E.K. versus the Netherlands,
insert reference
discuss the importance of this case

CONCLUSION
13. The Court is invited to (I can't remember the correct words here) and award the Claimant's costs.

Aliyah Johnson
13 November 2022
[/quote]

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

Post by marcidevpal » Wed Nov 23, 2022 10:24 am

Notes on a recent Tribunal decision - Williams versus SSHD

https://tribunalsdecisions.service.gov. ... 06890-2021

In this case, the mother applied for settlement when her daughter was 17 years old. She did not have leave to remain under Appendix FM.

The Home Office refused her application. They said she was not a Zambrano carer because the daughter would not leave the UK if the mother left the UK.

The Judge agreed that = she was not a Zambrano carer but could remain in the UK anyway due to her close ties with her daughter.

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

Post by marcidevpal » Wed Nov 23, 2022 10:35 am

Anonymous vs SSHD

https://tribunalsdecisions.service.gov. ... 00386-2021

In September 2020, he was refused a derivative residence card. In November 2020, he was refused settlement under the EU scheme.

The Home Office accepted that he was the primary caregiver for his British citizen child but that as he was not the sole carer, the child would not be compelled to leave the UK if he was required to leave and return to his country of origin, Jamaica, indefinitely.
20. However, the question for the FtT was whether his son would be compelled to leave. Given the specific factual circumstances of this case, the FtT concluded that the British citizen child would not be compelled to leave. In the circumstances, the FtT concluded that the appellant was not a Zambrano carer and that was a finding that was open to the FtT to make. There was no error of law.
8. At the outset, notwithstanding that the appellant is a litigant in person, I pay tribute to the quality of his oral submissions. His submissions were clear, relevant and engaged with complex legal issues. On attending the Tribunal, I provided to him copies of the Shah v Patel decision, as well as copies of the cases of SSHD v RM (Pakistan) [2021] EWCA Civ 1754; Velaj v SSHD [2022] EWCA Civ 767 and Akinsanya v SSHD [2022] EWCA Civ 37. In view of the fact that the appellant was a litigant in person, Ms Cunha agreed that she would make the respondent’s submissions first, to which the appellant would have the opportunity to respond.

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

Post by Nyamebeye » Thu Nov 24, 2022 10:38 pm

marcidevpal wrote:
Wed Nov 23, 2022 10:24 am
Notes on a recent Tribunal decision - Williams versus SSHD

https://tribunalsdecisions.service.gov. ... 06890-2021

In this case, the mother applied for settlement when her daughter was 17 years old. She did not have leave to remain under Appendix FM.

The Home Office refused her application. They said she was not a Zambrano carer because the daughter would not leave the UK if the mother left the UK.

The Judge agreed that = she was not a Zambrano carer but could remain in the UK anyway due to her close ties with her daughter.

Thanks for sharing this. It was a grandmother and a granddaughter not mother and daughter. It was an interesting case to read.

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