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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, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John

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

Post by Wishfulgirl » Mon Jan 02, 2023 4:58 pm

LULUBABY wrote:
Mon Jan 02, 2023 1:38 pm
Wishfulgirl wrote:
Mon Jan 02, 2023 4:52 am
LULUBABY wrote:
Sat Dec 31, 2022 5:35 pm
Wishfulgirl wrote:
Fri Dec 30, 2022 11:41 am
marcidevpal wrote:
Wed Dec 28, 2022 7:33 pm
Akinsaya - Court of Appeal

The court of appeal said that the EEA Regulations say that a Zambrano carer who was then granted leave to remain under Appendix FM, is still a Zambrano carer under the EEA Regulations.

The Home Office created their own definition of a Zambrano carer in Annex 1 of Appendix EU of the EU Settlement Scheme.

The definition of a Zambrano carer under the EEA Regulations doesn't matter in the same way anymore because the UK left the EU. The definition that matters is the definition in Annex 1 of Appendix EU.

The definition in Annex 1 of Appendix EU says that if you had leave to remain under Appendix FM, that you are NOT eligible.

The Court of Appeal does not tell the Home Office how to define a Zambrano carer under Annex 1 of Appendix EU. The Court of Appeal says, if you use the definition of a Zambrano carer as per the EEA Regulations, then Ms Akinsaya should get permanent residence.

In June 2020, the Home Office said they do not want to use the EEA Regulations to define a Zambrano carer. They wanted to create their own definition.

One of the available grounds of appeal is to say that their decision is 'not in accordance with' the Immigration Rules (Appendix EU). Their decision is in accordance with the Immigration Rules, because the rules say you can not have leave to remain under Appendix FM.
Wishfulgirl wrote:
Wed Dec 28, 2022 7:08 pm
Does that make sense? It is a really important point you should take time to understand. There are 2 definitions of a Zambrano carer.
Hi , yes this makes sense… I have read your responses & believe I understand a bit more. In my witness statement. Is this just a letter or will it be a drafted word document similar to that of the skeleton argument?


So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“

Regarding the Zambrano carer side of things, “I am of the view I have spent 5 years as a Zambrano carer to my British children. My first British born child was born on may 2014. From the date of his birth; may 2014-may 2019 I have accumulated 5 years as a Zambrano carer this is before any leave was granted under under domestic law. I do not believe a grant of leave under domestic issued on October 2019 should strip me of my right to receive settlement under the EU scheme. The evidence I have provided shows I have already accumulated the years required to be granted settlement under the EU scheme.

I know it doesn’t sound professional what I written, However this is the argument I want to put across in a professional manner. This is what I want to use to argue my case so the judge can understand. I don’t have much confidence though.
Be strong. I too didn’t have confidence and fumbled when I represented my self but as soon as I received a letter from one company I thought were bailiffs with the invoice Home Office sent me requesting their £720 legal costs which the courts awarded Home Office due to my gate crash bundle, I knew the music had changes d to war dance. I became very desperate and did things differently. I started writing the way Home Office lawyer wrote.

The Appellant arrived the UK on so so so date.
The Appellant this, the Respondent that.

I numbered every page at the top, 1 , 2, 3

Take it one after the other

Open Word or Note, read from the forum , as soon as you see the point you need write it out, highlight the needed information and headings using colour codes on your note or word document, give it a heading stating what you need it for, save it .

As you read the forum and come across areas or points or cases that you want to use because they are of importance to your case, copy it from the forum and paste on word document or notes, write the heading of where you will put it, read it, change it to suit your situation as the case may be or quote the case if it is applicable to you, and use when ready. Save it.

When you are done assemble all the write up / points you want to use under Skeleton Argument,
Assemble for Grounds of Appeal, Assemble for Statement if Facts etc


SKELETON ARGUMENT ( finish it then you can paste here removing personal information and see if someone can correct any mistakes if any)

GROUNDS OF APPEAL

You start again, make sure you refer yourself as APPELLANT and SSHD as respondent
Refer to your child as the APPELLANT’s child

Finish the ground of appeal you can paste on the forum and ask questions, maybe someone can correct it.


Refer to yourself as the Appellant, refer to Home Office /SSHD as the respondent.

Eg 1.The Appellant has spent 5years as a Zambrano carer.
2. The Appellant’s first child was born so so so and so
3: The Appellant does not believe that she should be stripped of her so so so and so

You keep on going and list all those points.

Make sure you save as you write.

Remember what you were told, copy the Home Office in the email to the Tribunal when sending the bundle

Check your sent file and be sure it was really sent. Call the tribunal and ask them if the received your email.

Be careful and crosscheck, check that attachments were really attached, Don’t do like me, “Please find attached, Kind Regards” Lo and Behold, Lulubaby did not attach anything.

Good Luck.
Thank Lulubaby,

I am really trying. I have been gathering as musch information as I can to include in the bundle. I have until Friday to provide everything. I take breaks in between because I get overwhelmed easily. When I sleep and turn at nights, it’s the first thing on my mind. I get anxiety just looking at the information. But I know I have to put through and does this for my children. Marcidevpal has been a big help! Most of the information, I have written so far it’s because of his help. Don’t know what I would’ve done if I didn’t come on here. Probably just apply for fee wavier and continue on appendix fm & forget about Zambrano. Thank you very much guys, If you guys know how much this small email affected me mentally, I can’t begin to imagine how I’ll process the appeal date.

I have looked everywhere including the bundle home office sent me and cannot find an address or email address to send a copy of my bundle to them. I looked at my refusal letter, the email I received from the courts after submitting my appeal. I have checked and rechecked the home office bundle and I cannot see where I need to send this bundle so home office can it by Friday or even so the court can see that i definitely sent it to them. I must be slow but I looked everywhere. Do I call the EU resolution line and ask for the information where to send the bundle?
Email the courts and let them know the problem you have, after sending the email, call the courts. During mine, I was paranoid so after every email I send, I call the Tribunal and speak to the clerks for assurance sake. Tell the clerks what the problem is and they will assist you.
Welldone!!!!!!
Thank Lulubaby, I will get on thank you.

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

Post by marcidevpal » Mon Jan 02, 2023 5:56 pm

Human Rights

The UK is a founding member of the Council of Europe. Winston Churchill was involved in its founding. The Council of Europe is responsible for the European Convention on the Protection of Human Rights and the European Court of Human Rights. The Court is based in Strasbourg, France. People call this court the "Strasbourg Court".

The UK created the Human Rights Act in 1998 to make it easier for people to raise legal claims around their human rights without having to go to the Strasbourg Court. When you raise a human rights claim, it is good to mention both the European Convention on Human Rights and your Article 6 and 8 rights under the UK's Human Rights Act.

By being a member of the Council of Europe, the UK agrees that its judges will do two things:
  • One, consider a claim if there is "jurisprudence" or case law handed down from the European Court of Human Rights that relates to your case. It is important that you mention the relevant cases from the ECtHR in your skeleton argument.
  • Two, the UK agrees to do a "balancing exercise". The UK judges, from the First-tier Tribunal onwards, should balance your needs against society's best interests. Your witness statement is crucial here.
If the judges refuse to take your human rights into account and refuse to do the balancing exercise, you can't force them to do it. I suppose you may be able to take action based on a violation of the UK Human Rights Act 1998, but the best option is to either let the matter go, or go to the European Court of Human Rights. If you go to the European Court of Human Rights, and your application is accepted, the judges will do one of two things.

They will either look at the UK judge's balancing exercise and decide if it is fair, or, if the UK judge did not do a 'balancing exercise", the European Court judges will do the balancing exercise.

It is generally a good idea to raise Article 6 and 8 human rights concerns early if you feel the Home Office is interfering with your family life. Give the Court every opportunity to consider your human rights and give yourself the option of appealing to the European Court of Human Rights.

We appear to be entering a new phase. The first phase was when Zambrano carers stopped relying on the Administrative Review process to seek justice, and moved to the UK courts. I suspect the next phase will see more people continue their claims to the European Court of Human Rights.

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

Post by marcidevpal » Mon Jan 02, 2023 6:25 pm

The Problem with UK barristers and solicitors

The Zambrano decision came out around 2012. In ten years, not a single case from the UK has made an impact in how Zambrano carers are treated. The UK's Zambrano carers needed barristers and solicitors who were willing to challenge the way the Zambrano case law was implemented in the UK - both before and after Brexit.

If you pay a UK immigration barrister or solicitor of advice, they will generally look at what the immigration rules say, and look at what the statutory instrument says, and rate your chances of success based on what those documents say. Some will copy and paste paragraphs from the documents. Why pay thousands for someone to tell you something you could easily google and read yourself?

But the immigration rules and statutory instruments often contain unlawful provisions. By the time the Courts recognise the unlawful provisions, your claim has finished. Even if you find a barrister or solicitor willing to challenge the statutory instrument or immigration rules, they will charge thousands of pounds in fees in order to fight it on your behalf.

One benefit to appealing to courts outside the UK, is the ability to find human rights lawyers who have funding to fight cases on your behalf and are not pressured by UK media and others.

Wishfulgirl
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Jamaica

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

Post by Wishfulgirl » Mon Jan 02, 2023 11:36 pm

marcidevpal wrote:
Mon Jan 02, 2023 1:23 pm
Wishfulgirl wrote:
Mon Jan 02, 2023 5:20 am
Hi Wishfulgirl, Glad to see your mood seems to have picked up! That is good. Think of the judge as someone who is an immigration expert, who will consider what you tell them and will either agree with you or give you their best suggestion for what you should do next. That is why I was pushing you to summarise everything from the beginning, in clear and succinct terms. I also think you should go hard on your EEA status. If you were granted a card under the EEA regulations, even if your mother's partner died, that is a major thing. It means the home office accepted you were the family of an EEA member. It means you are covered by the Withdrawal Agreement. And, according to the President of the Upper Tribunal, EU rights acquired before Brexit are protected. You have another argument about your Zambrano status, and a third argument about human rights. Make sure you download copies of the cases you refer to and email them to the court and the Home Office. Cases include Giraldo, E.K. v Netherlands, the European Court of Human Rights rulings, etc.

Regarding the Home Office's email, in my opinion, you should focus on what the Judge's clerks tell you. Email the people who sent you the non-compliance email. They will either give you the email address for the Home Office, or they will contact the Home Office and tell them they must provide the contact information. If the Home Office refuse, they will be in non-compliance. You should not guess this info because if you talk to the wrong person at the Home Office, you are responsible. You should talk to the Judge's administrators. I am concerned that someone like you, who ticks a lot of boxes, was not offered help - after years. Social Services should have signposted you to someone. Now that you have summarized your arguments, you may want to reach out to some lawyers. Search for "pro bono" immigration lawyers.
Thank you, I’ll be sure to include this cases, I sought legal help and was told there is no way I will be granted permanent residence, I was told “ it’s a waste of their time” as for Zambrano application, I was told “ No point, it’s long and complicated & will just get rejected in the end anyway” Tbh, the advised given really made it out to seem like the EU route is a long complicated process which often gets rejected. So most people don’t bother to pursue, which is quite sad.

I have stressed very much about my EEA residence card within my bundle, I highlighted why I am a family member with retained rights. I have explained why I did not originally applied for permanent residence and my struggles to gain the required evidence to submit an application (Not sure if I should include this.) I just hope the judge doesn’t see it has a bunch of excuses. With the EEA dying in 2015, I struggled to retrieve is passport & dwp records to proof he was retired at the point of death. Even though, he was indeed retired on my arrival to the UK. home office can sometimes make things extremely difficult. they may try to say, I need to provide the EEA national ID, bank statement etc. but how?? It’s been 6 years since his death, When he died, his brother practically took his possessions and made no effort to communicate with us. It’s pretty brutal, I feel the home office might challenge my reason to why I don’t have the required information to prove retain right.

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

Post by marcidevpal » Tue Jan 03, 2023 9:00 am

Wishfulgirl wrote:
Mon Jan 02, 2023 11:36 pm
That's why you should make three arguments at the same time. You should include a section called "Issues to be considered". This section is important. It asks the judge to answer three questions. If the answer to any of the questions is "yes", then you should win. The three questions could be something like this:

[C] Issues to be considered

1.) Whether the appellant was a retained family member of an EEA national who had acquired the right to permanent residence at the time of her application?
2.) Whether the appellant was a Zambrano carer under the EEA Regulations who had acquired the right to permanent residence at the time of her application?
3.) Whether the respondent's refusal interferes with the appellant's human rights under the Human Rights Act 1998 and/or the European Convention on the Protection of Human Rights?

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

Post by marcidevpal » Tue Jan 03, 2023 9:08 am

Another point about human rights

https://www.legislation.gov.uk/ukpga/1998/42/section/2

The Human Rights Act 1998 is primary legislation. Statutory instruments are secondary legislation. Primary legislation is far more powerful than secondary legislation.

When the First-tier tribunal judge says they cannot consider your human rights because of what the statutory instruments say, they are ignoring their responsibilities under the UK's primary legislation.

The Human Rights Act 1998 covers “the Convention rights” or the rights and fundamental freedoms set out in Articles 2 to 14 of the European Convention on the Protection of Human Rights. That includes Article 8!

The Human Rights Act says
A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any—

(a)judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
So, if you include decisions by the European Court of Human Rights in your appeal, the judge MUST take it into account, according not only to the ECHR, but also according to PRIMARY LEGISLATION in the UK.

This is a big deal. The First-tier Tribunal and Upper Tribunal judges are currently refusing to consider human rights. They say it is because the Home Office have not "given them permission" to do so. That is false, false. The UK barristers and solicitors need to challenge this practice. Zambrano carers are being denied their fundamental rights under Article 8.

Zambrano carers really need to raise Article 6 and Article 8 in their appeals, but that is just my opinion. I see cases where a judge says the person should just file an "Article 8" claim. That is also false. People do not have to file a separate claim. They just have to raise their human rights. I am telling you, I believe we are entering a totally new era on immigration, where it isn't simply the person versus the Home Office. People have to know and fight for their human rights - even if their lawyers won't - but that is just my opinion.

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

Post by marcidevpal » Tue Jan 03, 2023 9:16 am

The Home Office

When you raise human rights concerns, the Home Office will have to explain WHY it is in society's best interests to deny so many Zambrano carers settlement. It is crazy to me that after all these years, no one has held the Home Office to account regarding what, if any, purpose is served by their denials. It seems clear to me that it is just a continuation of their hostile environment. I also do not understand why no one has challenged the 'hostile environment' as an approach. It violates UN Conventions, the ECHR, the HRA and just general decency.

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

Post by marcidevpal » Tue Jan 03, 2023 9:17 am

Zambrano cases to include in your bundle

If you are filing or updating your appeal, you may want to send the judge and the Home Office the following cases:

E.K. v the Netherlands
Giraldo v SSHD
Birch v SSHD
Huang v SSHD
(There was another one about a Zambrano grandmother who got settlement. I forget the name but had posted it earlier)

ECtHR - Boughanemi v. France, Application no. 22070/93
ECtHR - Gül v. Switzerland, Application no. 23218/94
ECtHR - X., Y. and Z. v. United Kingdom, no. 21830/93
ECtHR - Mehemi v. France, no. 53470/99
ECtHR- Berrehab v. the Netherlands, Application no. 10730/84
United Kingdom - McMichael v The United Kingdom, Series A No 207-B(1995) 20 EHRR 205
ECtHR - Ahmut v. the Netherlands, Application 21702/93, 28 November 1996
ECtHR - Johansen v Norway, Application No. 17383/90
ECtHR - Abdulaziz, Cabales and Balkandali v. the United Kingdom, Application Nos. 9214/80, 9473/81 and 9474/81

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

Post by marcidevpal » Tue Jan 03, 2023 9:55 am

Wishfulgirl wrote:
Mon Jan 02, 2023 11:36 pm
I have stressed very much about my EEA residence card within my bundle, I highlighted why I am a family member with retained rights. I have explained why I did not originally applied for permanent residence and my struggles to gain the required evidence to submit an application (Not sure if I should include this.) I just hope the judge doesn’t see it has a bunch of excuses. With the EEA dying in 2015, I struggled to retrieve is passport & dwp records to proof he was retired at the point of death. Even though, he was indeed retired on my arrival to the UK. home office can sometimes make things extremely difficult. they may try to say, I need to provide the EEA national ID, bank statement etc. but how?? It’s been 6 years since his death, When he died, his brother practically took his possessions and made no effort to communicate with us. It’s pretty brutal, I feel the home office might challenge my reason to why I don’t have the required information to prove retain right.
[/quote]

You should certainly explain why you did not apply for permanent residence after five years under the EEA regulations. If your passport expires, does that mean you are no longer a citizen of your country? Your EEA document expired, but your rights did not end.

You appear to be covered by the Withdrawal Agreement (WA). The WA lists which documents the Home Office can require. The list is limited. You should read the list. The WA requires the Home Office to work with you, to consider your circumstances "extensively". It does not sound like they made the effort. The WA also requires the judge to apply "proportionality" to your situation. That means, even if you did not do everything perfectly, the judge needs to do a balancing exercise (similar to the Human Rights Act and the ECHR). The judge should reason, on balance, and among all things considered, whether you deserve settlement. When you take into account all the facts laid out in your witness statement, it seems like on balance you deserve settlement.

I still think there is a strong chance you will not be successful because most of the published cases lately go against the person in favour of the Home Office. I read plenty of cases where people should have been successful. Ultimately, you have to ask yourself how far you are willing to go? I believe you would be successful before the European Court of Human Rights (ECtHR) and the European Court of Justice (CJEU). As a retained family member of an EEA national, you may want to consider reaching out to groups that support EU citizens and their family members. They can possibly help you with your court cases - even as far as the CJEU or ECtHR.

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

Post by marcidevpal » Tue Jan 03, 2023 10:13 am

Zambrano carers & Appendix FM

Appendix FM was created to help the UK comply with Article 8 of the European Convention on Human Rights. The UK government has said it wants to withdraw from the ECHR. The length of time it takes to withdraw is very short, I believe less than a year. If the UK withdraws from the Council of Europe and the ECHR, what happens to the Human Rights Act 1998? Does that go away? What happens to people on Appendix FM? Will they be given permanent residence? Will they lose their right to reside and have to switch to another category or leave the UK?

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

Post by marcidevpal » Tue Jan 03, 2023 10:33 am

First-tier Tribunal Judges & Evidence

What if the judge ignores important documents you submit in the bundle and you lose? You may want to appeal to the Upper Tribunal. The First-tier Tribunal should "make a finding on material evidence" or discuss the relevance or impact of your evidence. In a recent case, the First-tier Tribunal judge's dismissal was thrown out because the judge "ignored" material evidence. See - https://tribunalsdecisions.service.gov. ... 4-2020-ors
2. The Appellants were given permission to appeal because it was thought arguable that the First-tier Tribunal Judge, in dismissing their appeals, had not given proper consideration to core documents.

3. In a Rule 24 Reply drawn by Mr Stefan Kotas of the Respondent’s Specialist Appeals Team the Respondent agreed that the First-tier Tribunal erred by failing to make a finding on material evidence and invited the Upper Tribunal to remit the appeal to the First-tier Tribunal for a de novo hearing.

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

Post by marcidevpal » Tue Jan 03, 2023 10:42 am

Crisis in the Courts: EEA Regulations versus EUSS?

Zambrano carers like Akinsaya are Zambrano carers under the EEA Regulations, but not under the Annex 1 Definition of a Zambrano carer in the EUSS (Appendix EU).

In the case of Giraldo v SSHD, both the First-tier Tribunal and the Upper Tribunal accepted the definition under the EEA Regulations and ignored the EUSS (Appendix EU definition).

In this case, the Upper Tribunal judge ignored the definition in the EEA Regulations and used the Appendix EU / EUSS definition. See - https://tribunalsdecisions.service.gov. ... 13719-2021
9. Permission to appeal was granted for the following reasons:
“2. The grounds assert that the Judge erred in deciding whether the [claimant] was an extended family member with reference to the Immigration (European Economic Area) Regulations 2016 (the Regulations) rather than Appendix EU (Family Permit) of the Immigration Rules.
15. the Entry Clearance Officer, Mr Kotas pointed out that the claimant’s application was made under the EUSS not under Article 8 ECHR, nor under the 2016 Regulations, which are no longer applicable when considering EUSS claims.
17. Accordingly, this appeal cannot succeed.
I say there is a crisis because your chances of being successful depend on whether you get a judge who prefers the definition in the EEA regulations or the EUSS/Appendix EU. Hello, UK barristers and solicitors? Are we on holiday?

There is another problem with this decision. Do you see it? The judge says the application was "not made under Article 8". People don't have to make an application under Article 8. Human rights are universal and fundamental. The Courts are trying to carve out human rights, or bound it, as if it were a thing to be caged. People need to be explicit and point out that the Human Rights Act and the ECHR compel the judges to consider Article 8 where relevant.
Last edited by marcidevpal on Tue Jan 03, 2023 10:46 am, edited 1 time in total.

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

Post by Wishfulgirl » Tue Jan 03, 2023 10:46 am

marcidevpal wrote:
Tue Jan 03, 2023 9:55 am
Wishfulgirl wrote:
Mon Jan 02, 2023 11:36 pm
I have stressed very much about my EEA residence card within my bundle, I highlighted why I am a family member with retained rights. I have explained why I did not originally applied for permanent residence and my struggles to gain the required evidence to submit an application (Not sure if I should include this.) I just hope the judge doesn’t see it has a bunch of excuses. With the EEA dying in 2015, I struggled to retrieve is passport & dwp records to proof he was retired at the point of death. Even though, he was indeed retired on my arrival to the UK. home office can sometimes make things extremely difficult. they may try to say, I need to provide the EEA national ID, bank statement etc. but how?? It’s been 6 years since his death, When he died, his brother practically took his possessions and made no effort to communicate with us. It’s pretty brutal, I feel the home office might challenge my reason to why I don’t have the required information to prove retain right.
You should certainly explain why you did not apply for permanent residence after five years under the EEA regulations. If your passport expires, does that mean you are no longer a citizen of your country? Your EEA document expired, but your rights did not end.

You appear to be covered by the Withdrawal Agreement (WA). The WA lists which documents the Home Office can require. The list is limited. You should read the list. The WA requires the Home Office to work with you, to consider your circumstances "extensively". It does not sound like they made the effort. The WA also requires the judge to apply "proportionality" to your situation. That means, even if you did not do everything perfectly, the judge needs to do a balancing exercise (similar to the Human Rights Act and the ECHR). The judge should reason, on balance, and among all things considered, whether you deserve settlement. When you take into account all the facts laid out in your witness statement, it seems like on balance you deserve settlement.

I still think there is a strong chance you will not be successful because most of the published cases lately go against the person in favour of the Home Office. I read plenty of cases where people should have been successful. Ultimately, you have to ask yourself how far you are willing to go? I believe you would be successful before the European Court of Human Rights (ECtHR) and the European Court of Justice (CJEU). As a retained family member of an EEA national, you may want to consider reaching out to groups that support EU citizens and their family members. They can possibly help you with your court cases - even as far as the CJEU or ECtHR.
[/quote]

I used a drafted copy of your skeleton argument and this is what i wrote regarding what happened: " The appellant came to the UK as a non-EEA family member of an EEA national on November 05, 2010. At this time, her mother was the civil partner of an Irish national. The respondent granted the appellant a 5 year residence card on July 19, 2011. The EEA national died on July 02, 2015. The 5 year residence card was not renewed nor did the appellant apply for permanent residence due the difficulties acquiring the relevant information to submit her application. As per the Respondent policy, it is a requirement the EEA national Passport/ID is provided at the point of application. The appellant confirms the EEA sponsor was retired upon her arrival to the UK in November 2010. Prior to his death, The sponsor remained a resident in the UK. The EEA sponsor continued to exercise his treaty rights as a retired Irish national under EU LAW. He maintained his status as an EEA sponsor to the appellant. He provided support on a regular basis. The appellant confirms she is the family member of an EEA national, she has resided in the UK immediately prior to his death. It is a fact, the appellant has never exited the UK since her arrival in 2010. The appellant has acquired a period of 5 years as the family member of an EEA national." im not sure if this is a good explantion.

I further eloborated the situation in my witness statement.

" In December 2018, Croydon Social Services provided assistance to me and my children under section 17 of the Children Act 1989. I immediately sought to gather the necessary information required to apply for permanent residence as a family member with retained rights under the EU law. After extensive query, I was only able to retrieve the EEA national's death certificate as presenting evidence. As per the respondent policy, a family member is required to provide the EEA National passport, and evidence showing the EEA national was a qualifying person in accordance with the regulations at the time of their death. I can confirm the EEA national was retired upon my arrival to the UK in November 2010, After my arrival to the UK, My mother and the EEA sponsor submitted an application for residence card as the family member of an EEA national. A 5 year residence card was granted by the respondent in July 2011. At the point of application, evidence provided recognised the EEA national as a retired EU citizen who has exercised his right under EU Law. On July 02, 2015 the EEA national sadly passed away as a result of cancer at the age of 81. In 2019, I sought to gather information required by the respondent to submit an application for permanent residence under the EU scheme. I struggled to provide evidence of the EEA national passport and his retired status as an EEA national. This is because I do not have legal access to retrieve DWP records of a deceased person. DWP policy states; “ We will only disclose personal information about a deceased person with the signed written consent of the administrator or executor of the de- ceased person’s will or where ordered to disclose by a court” Unfortunately, I am not my EEA sponsor’s administrator, nor am I the executor of his will. These rights were acquired by the EEA National’s brother, to whom I have no relationship with. Evidence of the EU national passport could not be obtained due to his death, Time has also elapsed since the EEA sponsor death in July 2015. This makes it extremely difficult to gather evidence to submit an application under the EU settlement scheme as the family member with retained right of residence. I can confirm the EEA sponsor has never departed the UK since my arrival in November 2010. Prior to his death, he continued to exercise his rights as a retired Irish national within the UK. He maintained his status as an EEA sponsor to me. He provided support on a regular basis. I can confirm I am the family member of an EEA national, I have resided in the UK one year prior to his death, It is a fact, I have never left the UK since my arrival. I have acquired a period of 5 years as the family member of an EEA national. Despite my best efforts to retrieve the necessary information to submit my application under the EU settlement scheme as a person with retained rights. I was instructed by Croydon Social Services to explore other immigration route. Despite my reservations and desire to apply for a derivative residence card as a Zambrano carer, Croydon social services convinced me to apply for leave to remain under Appendix FM. On October 10 2019, I was granted Further Leave To Remain. This leave expired on April 09, 2022. "

I am not sure if it’s too much information or even if what I wrote made sense. I feel like I kept going around in circles. but that is the best way I know how to present this information. What if the judge see’s it as excuses? How can they, that is honestly what happened. I forgot to ask, am I meant to be referring to myself as the appellant in the witness statement? The human rights cases you’ve posted, do I copy and paste these within the skeleton argument or should I present a printed copy to the courts within my bundle. Please let me know thanks.

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

Post by marcidevpal » Tue Jan 03, 2023 10:53 am

Wishfulgirl wrote:
Tue Jan 03, 2023 10:46 am
ASA (Appellant's skeleton argument)

1.The respondent granted the appellant entry to the UK as a non-EEA family member of an EEA national on November 05, 2010. At this time, her mother was the civil partner of an Irish national. The respondent subsequently granted the appellant a 5 year residence card on July 19, 2011.

2. The EEA national died on July 02, 2015. Prior to his death, The sponsor remained a resident in the UK. The EEA sponsor continued to exercise his treaty rights as a retired Irish national under EU LAW. He maintained his status as an EEA sponsor to the appellant. He supported the appellant on a regular basis with cash, housing, examples.

3.The appellant confirms she is the family member of an EEA national, and resided in the UK immediately prior to his death. The appellant did not renew her 5 year residence card or apply for permanent residence because she did not have access to the EEA national's passport/ID. The appellant confirms the EEA sponsor was retired upon her arrival to the UK in November 2010. The appellant has remained continuously resident the UK since her arrival in 2010. The appellant has acquired a period of 5 years as the family member of an EEA national.

4. Paragraph about your British children?

Try to have numbered paragraphs. Try to have each paragraph serve one purpose or point. Skeleton arguments are not written in the first person.

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

Post by Wishfulgirl » Tue Jan 03, 2023 11:00 am

As for being Zambrano carer, this is one of the arguments I wrote within the skeleton argument. “ The Appellant acquired 5 years residence as a parent with Zambrano right to reside on May 18 2019, 5 years after the birth of her first British child. At the time of the British child’s birth, The appellant held a residence card as the family member of an EEA national. The appellant maintains a grant of Leave to remain issued under Appendix FM in October 2019 has no bearing and should not warrant a refusal under the EU settlement scheme. At the time of the appellant’s application to the EU settlement scheme, evidence provided proved the appellant had already acquired 5 year residence as a Zambrano carer. This is the legal time required by the Respondent to qualify for settlement as a parent with Zambrano right to reside under the EU settlement scheme. She acquired such rights 5 months prior to being granted Leave to remain under Appendix FM in October 2019.

The reason why I wrote this into the argument is because I really do feel home office policy is wrong. From the time of my first British child’s birth ( May 2014) and 5 years after ( May 2019.) I would’ve already acquired 5 residence as a Zambrano carer. I was always never on limited leave to remain within this period. How can they turn around and use a grant of leave remain to refuse my application. The 5 years as already been acquired prior to a grant of leave under appendix FM. irrespective of what route one decides to go after this 5 years , It surely cannot be a contributing factor for refusal to settlement under the EU scheme. I fail to see how this is even legal.

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

Post by marcidevpal » Tue Jan 03, 2023 11:01 am

Wishfulgirl wrote:
Tue Jan 03, 2023 10:46 am
Witness statement

1. Everything about your relationship with your father's civil partner

2. Everything about Croydon Social Services

3. Everything about how the situation has affected you emotionally

4. Everything about your interactions with the Home Office

5. Everything about your children and your childrens' fathers

6. And so on....

It is hard to read because you are mixing multiple points all in one paragraph. The length is not the problem. The mixing of multiple points is the problem. It may help to put subheadings.

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

Post by marcidevpal » Tue Jan 03, 2023 11:02 am

Skeleton Argument
  • Case summary
  • Respondent's Case
  • Issues to be Determined
  • Legal Framework
  • Submissions
You have a tendency to make statements without backing them up with case law. You are also mixing the case summary with the submissions.It should be

[A] Case summary

1. The appellant gave birth to her British son in May 2014. On May 18 2019, the appellant acquired 5 years residence as a parent with Zambrano right to reside. At the time of the British child’s birth, The appellant held a residence card as the family member of an EEA national.


[D] Submissions


1. The appellant maintains a grant of Leave to remain issued under Appendix FM in October 2019 has no bearing and should not warrant a refusal under the EU settlement scheme. At the time of the appellant’s application to the EU settlement scheme, evidence provided proved the appellant had already acquired 5 year residence as a Zambrano carer. Per Giraldo v SSHD, E.K. v Netherlands a Zambrano carer who acquires five years residence prior to 31 December 2020 is entitled to permanent residence.

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

Post by marcidevpal » Tue Jan 03, 2023 11:15 am

Wishfulgirl wrote:
Tue Jan 03, 2023 11:00 am
The reason why I wrote this into the argument is because I really do feel home office policy is wrong. From the time of my first British child’s birth ( May 2014) and 5 years after ( May 2019.) I would’ve already acquired 5 residence as a Zambrano carer. I was always never on limited leave to remain within this period. How can they turn around and use a grant of leave remain to refuse my application. The 5 years as already been acquired prior to a grant of leave under appendix FM. irrespective of what route one decides to go after this 5 years , It surely cannot be a contributing factor for refusal to settlement under the EU scheme. I fail to see how this is even legal.
I agree the EUSS / Appendix EU is wrong. The President of the Upper Tribunal said in December 2022 that the EU Settlement Scheme is unlawful.

The EEA Regulations 2016 say that people who hold a derivative residence card are not entitled to permanent residence. These regulations are unlawful, too, in my opinion based on a recent case.

The case of E.K. v Netherlands went before the European Court of Justice. The President of the European Court of Justice said that Zambrano carers are not "temporarily" resident and should get permanent residence after five years. That is why it is important that you download a pdf of Ms E.K.'s case and email it to the Court and to the Home Office. The judge will see that even if he ignores you EEA national argument, you are entitled under E.K.

UK barristers and solicitors need to file a judicial review on behalf of Zambrano carers to challenge what happened per the EEA Regulations. The tricky part is that the EEA regulations no longer apply directly since the UK left the EU. But Zambrano carers like you, who achieved five years residence before 31 December 2020 should have been given permanent residence. The EEA Regulations are a "statutory instrument". Statutory instruments often contain unlawful provisions, but nothing can be done unless someone challenges them. This type of challenge really needs a barrister.

The EU Settlement Scheme puts the burden on the Home Office to prove they tried to work with you. They would have known you were granted residence as an EEA family member. Therefore, they had a responsibility per the WA to contact you and work with you. It appears they made no attempt to work with you. You should tell the judge because that is non-compliance on their part.

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

Post by marcidevpal » Tue Jan 03, 2023 11:41 am

UK Judges

1.) Under the Withdrawal Agreement, UK judges must take into account case law from the European Court of Justice (CJEU) passed after Brexit. The case of Ms. E.K. v the Netherlands passed after Brexit. It directly relates to Zambrano carers.

2.) Also under the Human Rights Act 1998, UK judges must take into account case law from the European Court of Human Rights (ECtHR). I provided a number of examples of case law where the European Court of Human Rights said the person deserved residence after they did a 'balancing' exercise.

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

Post by marcidevpal » Tue Jan 03, 2023 12:21 pm

The EUSS & ECHR

The UK judges seem to imply that EUSS exists outside of the HRA and the ECHR. The EUSS is an extension of the Withdrawal Agreement. The WA explicitly says it relies on Union law. The WA defines Union law to include international agreements. The European Convention on the Protection on Human Rights is an international agreement. Therefore, the EUSS must abide by the ECHR and there is no "separate application" to apply human rights considerations to EUSS applications. It is cynical to tell people the EUSS is not subject to human rights considerations, or to tell them need to make a separate application for their human rights to be considered in EUSS appeals.
ARTICLE 2 Definitions - For the purposes of this Agreement, the following definitions shall apply:
(a) "Union law" means: (iv) the international agreements to which the Union is party and the international agreements concluded by the Member States acting on behalf of the Union;
ARTICLE 4 - Methods and principles relating to the effect, the implementation and the application of this Agreement
3. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of Union law.

5. In the interpretation and application of this Agreement, the United Kingdom's judicial and administrative authorities shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the transition period.

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

Post by Wishfulgirl » Wed Jan 04, 2023 12:17 pm

marcidevpal wrote:
Tue Jan 03, 2023 12:21 pm
The EUSS & ECHR

The UK judges seem to imply that EUSS exists outside of the HRA and the ECHR. The EUSS is an extension of the Withdrawal Agreement. The WA explicitly says it relies on Union law. The WA defines Union law to include international agreements. The European Convention on the Protection on Human Rights is an international agreement. Therefore, the EUSS must abide by the ECHR and there is no "separate application" to apply human rights considerations to EUSS applications. It is cynical to tell people the EUSS is not subject to human rights considerations, or to tell them need to make a separate application for their human rights to be considered in EUSS appeals.
ARTICLE 2 Definitions - For the purposes of this Agreement, the following definitions shall apply:
(a) "Union law" means: (iv) the international agreements to which the Union is party and the international agreements concluded by the Member States acting on behalf of the Union;
ARTICLE 4 - Methods and principles relating to the effect, the implementation and the application of this Agreement
3. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of Union law.

5. In the interpretation and application of this Agreement, the United Kingdom's judicial and administrative authorities shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the transition period.
Hi, I cannot seem to find the link to download the case “ Birch v SSHD ” to include within my bundle.

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

Post by marcidevpal » Wed Jan 04, 2023 2:38 pm

Birch v SSHD

https://tribunalsdecisions.service.gov. ... 20-ukut-86

Hearing date:29 Jan 2020
Promulgation date:26 Feb 2020
Publication date:16 Mar 2020
Last updated on: 5 Oct 2022

Judges:The Hon. Mr Justice Lane, President, Mr C M G Ockelton, Vice President
KeywordsPrecariousness and mistake; new matters

In Birch, a Presidential panel of the Upper Tribunal considered whether the First-tier Tribunal and the Upper Tribunal have jurisdiction to consider an EEA ground of appeal in a human rights appeal. They said the Tribunal should determine an EU rights issue alongside the human rights issue.

The majority of UK judges today no longer believe the Birch ruling is correct. The judges will tell you the First-tier Tribunal and the Upper Tribunal must have approval from the Home Office to consider human rights. Don't be surprised if the judge does not like that you include the Birch ruling, because it seems many think it was wrong.

I believe the Birch ruling is correct. I believe the European Court of Human Rights would say the Birch ruling is incorrect. The ECHR is clear. Judges must consider human rights where relevant ECHR case law exists. One can go back and forth as to whether the UK Human Rights Act 1998 is being violated.

Some may argue that the Borders, Citizenship and Immigration Act 2009 or the Nationality, Immigration and Asylum Act 2002 allow for human rights to not be considered without the approval of the Home Office. It doesn't really matter to me, because it is not worth having these arguments in the UK courts. It is better to just continue on to the European Court of Human Rights and see what those judges say.
Last edited by marcidevpal on Wed Jan 04, 2023 2:40 pm, edited 1 time in total.

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

Post by marcidevpal » Wed Jan 04, 2023 2:39 pm

Wishfulgirl wrote:
Wed Jan 04, 2023 12:17 pm
Imagine being in court, and the judge says they will not consider your human rights because the Home Office said no, and as a result you lose your claim. What do you do at that point? Laugh at how ridiculous it is, faint from the stress or stare off into space while you wait for the right moment to do the 'nod' and be thankful? Better to be told your human rights will not be considered on paper, in my opinion.

Here are quotes from a judge:
As I have already set out, I was invited by Mr Osman to treat the appellant as a vulnerable witness, and the appellant has throughout been treated as a vulnerable witness. I have had regard to the Joint Presidential Guidance Note No.2 of 2010: Child, Vulnerable Adult and Sensitive Appellant Guidance, and my assessment of the appellant’s evidence has been considered in the round, taking due account of the medical evidence and making due allowance for the fact that many individuals that have been subjected to abuse, will have problems giving a coherent account.
There is an absence of evidence before me regarding the particular strengths of the appellant’s relationship with his children and siblings in particular.
I find the appellant’s protected rights, whether considered collectively with rights of others that he has formed associations with, or individually, are not in my judgement such as to outweigh the public interest
https://tribunalsdecisions.service.gov. ... 00022-2019

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

Post by marcidevpal » Wed Jan 04, 2023 2:51 pm

UK judges & Article 8
9. The grounds of appeal assert that there was a misapplication of Begum... It is asserted that the Tribunal did not consider the appeal under Article 8 ECHR or Article 10 of the withdrawal agreement (WA).
16. If the Appellant was seeking to submit an Article 8 claim at the hearing that was not raised previously, then any failure by the judge to address the matter would not be material as consent would have been required from the SSHD before it could be pleaded (Hydar (s.120 response; s.85 “new matter”, Birch) [2021] UKUT 00176. There was no representation on behalf of the SSHD at the hearing and it has not been evidenced how such consent was granted.
So, the SSHD wins by not even showing up to the hearing! If the Home Office does not show up to the hearing, they cannot give their consent for human rights to be considered, and, therefore, the judge does not have to consider your human rights. Does that not sound ridiculous to anyone?
Last edited by marcidevpal on Wed Jan 04, 2023 2:54 pm, edited 2 times in total.

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

Post by marcidevpal » Wed Jan 04, 2023 2:52 pm

Wishfulgirl wrote:
Wed Jan 04, 2023 12:17 pm
This quote may be useful to you.

https://tribunalsdecisions.service.gov. ... 12075-2021
12. The purpose of the WA with regards to persons within the UK is to preserve and protect the rights of documented EU citizens and their family members who are able to establish their eligibility as set out in the WA which has been implemented under Appendix EU within the Immigration Rules (IR). The WA sets out the circumstances in which a previously recognised right will be facilitated where such rights existed and were recognised by the SSHD prior to the date of withdrawal (31 December 2020).

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