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Zambrano Settled Status EU settlement scheme Paper Application Form

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

snooky
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Thu Mar 26, 2020 11:56 am

LULUBABY wrote:
Thu Mar 26, 2020 11:35 am
Hi all, PLEASE AND PLEASE, I AM NOT TRYING TO START AN ARGUMENT. I am just ‘INNOCENTLY’ trying to get my head round PARENT OR CARER OF A BRITISH CHILD.

For this EU settlement scheme, we are relying on 2 things PRE-SETTLED STATUS & SETTLED STATUS. For THOSE YEARS we are relying on, SOME of those years or ALL of those years are made up of when we immediately became carers of a British citizen child.

Home Office has given someone on this forum (who has only 2.5yrs ltr) pre-settled status. I remember he stated that in his application he showed evidence of all the money he transfers to his child’s mother his child’s support /upkeep/ maintenance (whatever it is called).

Another person too with 2.5 ltr only was also given a positive decision.

Another person with Zambrano derivative card plus 2.5yrs was also given a positive decision.

If having 2.5 yrs ltr means ‘you are no longer a Zambrano carer or that you have another route to remain and your child will not be compelled to leave the country’ the above 3 scenarios of people given have shown it is not the same for everyone.

We all may be Zambrano carers and some also with 2.5ltr but our individual cases are different.

Some 2.5ltr holders have baby fathers who are workers and healthy and can participate in the child’s upkeep /care but refuse to do it for reasons best known to them.

Some 2.5ltr holders have baby fathers who are disabled or mentally ill, in jail or ... (I don’t know other reasons to put in) who are not working and not participating in the upkeep /care of their children.

Some are also Zambrano carers who have never applied for or applied for but never given a derivative card.

A Zambrano carer can just live in the UK due to his or her EEA2 ZAMBRANO status. The Court of Appeal determined in SANNEH & ORS V SECRETARY OF STATE FOR WORK & PENSIONS (2015) that “she is under no obligation to make any application for formal recognition of this status”.

Therefore, you only want to apply for the derivative card so your employers can see your right to work or so you can have a card to travel.
You may also decide to apply for ltr to potentially get recourse to public funds.

2.5ltr is still leave to remain whether or not it is held by a person who has or already had a 5year derivative card . 2.5ltr is still leave to remain whether or not it is held by a person who doesn’t have or never had a derivative card.

FOR the SETTLED AND PRE SETTLED STATUS the EU Settlement scheme we can rely on 5 years long before, immediately before the application or combination of both. Which means there must be a point on those years we are relying on, that we did not have any leave at all and we were just relying solely on the fact that we have British child / children.


Come to think of it a person with a 5 derivative card is not COMPELLED to leave because the aim of the derivative card is to enable you stay and look after that British citizen child until he/she turns 18. Which means you can only decide to leave the country if the grass is greener else where or for reasons best known to you. Just as the aim of 2.5ltr is to enable someone with 2.5ltr to stay and look after that child. Which means you too can only decide to leave the country if the grass is greener else where or for reasons best known to you. Therefore a British child is a british child whether or not he/she has a British parent and COMPULSION (or whatever it is called) is the same for a British child whether the parents has derivative card or 2.5ltr .

You can’t just expect a baby or a child to just be ‘uprooted’ from his/her mum to a dad who has never been there (whatever reason he has). What happened to best interests of a child?????.

OFCOURSE WE ALL KNOW THAT WITH 5YEARS DERIVATIVE CARD IT IS MORE DIFFICULT GETTING RECOURSE TO PUBLIC FUNDS..... ETC.

Please I am not arguing, just wondering and thinking aloud.

You have raised a big picture

All what you have said is through. Home Office is just being mean, all for money

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by LULUBABY » Thu Mar 26, 2020 12:14 pm

Zambrano has now been a human right application when you study the law of precedence sterm out of the ruling if 16 December 2019.

Snooky, I think so too. I feel that December 2019 Supreme Court judgement has removed all barriers for us primary carers of British citizen children.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by LULUBABY » Thu Mar 26, 2020 12:25 pm

“Zambrano has now been a human right application when you study the law of precedence sterm out of the ruling if 16 December 2019.”


Snooky, I think so too. I feel that December 2019 Supreme Court judgement has removed all barriers for us primary carers of British citizen children.

Sorry Snooky, I didn’t edit it properly to show the above paragraph was originally from your post.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Thu Mar 26, 2020 12:39 pm

LULUBABY wrote:
Thu Mar 26, 2020 11:35 am
Hi all, PLEASE AND PLEASE, I AM NOT TRYING TO START AN ARGUMENT. I am just ‘INNOCENTLY’ trying to get my head round PARENT OR CARER OF A BRITISH CHILD.

For this EU settlement scheme, we are relying on 2 things PRE-SETTLED STATUS & SETTLED STATUS. For THOSE YEARS we are relying on, SOME of those years or ALL of those years are made up of when we immediately became carers of a British citizen child.

Home Office has given someone on this forum (who has only 2.5yrs ltr) pre-settled status. I remember he stated that in his application he showed evidence of all the money he transfers to his child’s mother his child’s support /upkeep/ maintenance (whatever it is called).
I am not sure what your question is.

Limited leave to remain can be granted under a variety of Immigration Rules:
  • Appendix EU
  • Appendix FM
  • Appendix W
https://www.gov.uk/guidance/immigration-rules

The eligible time period in Appendix EU should be checked against The Withdrawal Agreement, Articles 15 and 16.

Articles 15 and 16 in The Withdrawal Agreement rely on Articles 16,17 and 18 of Directive 2004/38/EC.

The Withdrawal Agreement

ARTICLE 15
Right of permanent residence


1. Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of
5 years or for the period specified in Article 17 of Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of Directive 2004/38/EC. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.

2. Continuity of residence for the purposes of acquisition of the right of permanent residence shall be determined in accordance with Article 16(3) and Article 21 of Directive 2004/38/EC.

3. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.

ARTICLE 16
Accumulation of periods


Union citizens and United Kingdom nationals, and their respective family members, who before the end of the transition period resided legally in the host State in accordance with the conditions of Article 7 of Directive 2004/38/EC for a period of less than 5 years, shall have the right to acquire the right to reside permanently under the conditions set out in Article 15 of this Agreement once they have completed the necessary periods of residence.

Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.


Directive 2004/38/EC of the European Parliament and of the Council


https://www.legislation.gov.uk/eudr/2004/38/contents

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Thu Mar 26, 2020 12:59 pm

An appeal by a Zambrano carer with limited leave to remain does not need to rely principally on Human Rights grounds. Fighting a case based on human rights is not easy.

It can be shown, by reference to the Withdrawal Agreement and Directive, that Appendix EU is simply not a faithful representation of the Withdrawal Agreement.

Moreover, UK Judges have authority to “disapply” Appendix EU in its entirety, or in part.

The Withdrawal Agreement guarantees permanent residence to UK nationals, and their family members, provided they
  • resided legally for 5 years or
  • Worked
    • until they reached retirement age,
    • for two years until became disabled,
    • for three years in the UK before they left the UK for the EU, while retaining residence in the UK, and return to at least once a week
and meet criteria in Articles 16, 17 and 18 of Directive 2004/38/EC.

Article 16 is about not having left the UK
  • for more than six months in the five year period or
  • for more than one year for a ‘special circumstance’
Article 17 is about
  • Working people
Article 18 is about
  • Zambrano carers and
  • Articles 12(2) and 13(2)
Article 12(2) is about the death of the British citizen child (as it relates to Zambrano carers)

Article 13(2) is about divorce, annulment of marriage or termination of the registered partnership

Nothing else is relevant. The UK do not have the right to add further criteria.

If the UK wanted to deny Zambrano carers with limited leave, they should have negotiated for it to be added to the Withdrawal Agreement.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Thu Mar 26, 2020 1:45 pm

Zambrano_ombudsman wrote:
Thu Mar 26, 2020 12:59 pm
An appeal by a Zambrano carer with limited leave to remain does not need to rely principally on Human Rights grounds. Fighting a case based on human rights is not easy.

It can be shown, by reference to the Withdrawal Agreement and Directive, that Appendix EU is simply not a faithful representation of the Withdrawal Agreement.

Moreover, UK Judges have authority to “disapply” Appendix EU in its entirety, or in part.

The Withdrawal Agreement guarantees permanent residence to UK nationals, and their family members, provided they
  • resided legally for 5 years or
  • Worked
    • until they reached retirement age,
    • for two years until became disabled,
    • for three years in the UK before they left the UK for the EU, while retaining residence in the UK, and return to at least once a week
and meet criteria in Articles 16, 17 and 18 of Directive 2004/38/EC.

Article 16 is about not having left the UK
  • for more than six months in the five year period or
  • for more than one year for a ‘special circumstance’
Article 17 is about
  • Working people
Article 18 is about
  • Zambrano carers and
  • Articles 12(2) and 13(2)
Article 12(2) is about the death of the British citizen child (as it relates to Zambrano carers)

Article 13(2) is about divorce, annulment of marriage or termination of the registered partnership

Nothing else is relevant. The UK do not have the right to add further criteria.

If the UK wanted to deny Zambrano carers with limited leave, they should have negotiated for it to be added to the Withdrawal Agreement.
Zambrano Ombudsman

I am clapping my hands for you uncontrollably.

You have said it all by saying the below

(It can be shown, by reference to the Withdrawal Agreement and Directive, that Appendix EU is simply not a faithful representation of the Withdrawal Agreement.

Moreover, UK Judges have authority to “disapply” Appendix EU in its entirety, or in part.)

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Thu Mar 26, 2020 1:51 pm

LULUBABY wrote:
Thu Mar 26, 2020 12:25 pm
“Zambrano has now been a human right application when you study the law of precedence sterm out of the ruling if 16 December 2019.”


Snooky, I think so too. I feel that December 2019 Supreme Court judgement has removed all barriers for us primary carers of British citizen children.

Sorry Snooky, I didn’t edit it properly to show the above paragraph was originally from your post.
It is some how good .

As soldiers of would be Zambrano derivative. Let us all fight for justice. All will be well

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Thu Mar 26, 2020 1:59 pm

By reading below, we should know that home Office is not fair to some people. Especially if one clocks 5 years, that person should and qualifies for settled status after suitability checks and supervening checks

The Withdrawal Agreement guarantees permanent residence to UK nationals, and their family members, provided they
resided legally for 5 years or
Worked
until they reached retirement age,
for two years until became disabled,
for three years in the UK before they left the UK for the EU, while retaining residence in the UK, and return to at least once a week
and meet criteria in Articles 16, 17 and 18 of Directive 2004/38/EC.

Article 16 is about not having left the UK
for more than six months in the five year period or
for more than one year for a ‘special circumstance’
Article 17 is about
Working people
Article 18 is about
Zambrano carers and
Articles 12(2) and 13(2)

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 3:49 am

Appendix EU calls for
  • a 'suitability' check, and
  • a no 'supervening event' check
These checks are unlawful.

The vast majority of applicants will pass these checks, but they are still unlawful.

Per The Withdrawal Agreement on page 25

TITLE II RIGHTS AND OBLIGATIONS CHAPTER 1 RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS

ARTICLE 13 Residence rights
4. The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.
paragraphs 1 and 2 are about Union citizens and UK nationals (not relevant)

paragraph 3 states
Family members who are neither Union citizens nor United Kingdom nationals shall have the right to reside in the host State under Article 21 TFEU and as set out in Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14, Article 16(2), Article 17(3) or (4) or Article 18 of Directive 2004/38/EC, subject to the limitations and conditions set out in those provisions.
TFEU

Article 21 is about the freedom of movement, subject to appropriate limitations

Directive 2004/38

Article 6(2) of the Directive is about the right of residence for up to three months for TCNs

Article 7(2) of the Directive is about the right of residence for more than three months for TCNs

Articles 12(2) and (3) of the Directive are about the retention of the right of residence by family members in the event of death or departure of the Union citizen

Article 13(2) of the Directive is about the retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership

Article 14 of the Directive is about the retention of the right of residence and expulsions

Article 16(2) of the Directive is about the right of permanent residence after a continuous period of five years for TCNs

Articles 17(3) and (4) of the Directive are about the right of permanent residence for TCNs if the child has permanent residence and what happens in the event the child dies

Article 18 of the Directive is about the acquisition of the right of permanent residence by TCNs as it relates to 12(2) or 13(2)

TFEU -
https://www.legislation.gov.uk/eut/teec/contents

Directive 2004/38 -
https://www.legislation.gov.uk/eudr/2004/38/contents

Withdrawal Agreement -
https://assets.publishing.service.gov.u ... munity.pdf

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Mar 27, 2020 6:34 am

Zambrano Ombudsman

Appendix EU calls for

a 'suitability' check, and

a no 'supervening event' check

These checks are unlawful.

The above is qoute ad unquote from your post.

It nails down all what we have been saying and debating by every member.

By saying the word unlawful, it brings down the curtains by sayings on this board BY Members that

All Home Office Guidances and Policies are UNLAWFUL and are incompatible to the LAW

Thanks thanks and thank you

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Mar 27, 2020 7:05 am

@.Members Still Waiting-Zambrano
@.Members Refused-Zambrano
@.Members New Applicants

I have read extensively through Zambrano Ombudsman's postings and he is giving a lot of clues.

He has said this


Nothing else is relevant. The UK do not have the right to add further criteria.

If the UK wanted to deny Zambrano carers with limited leave, they should have negotiated for it to be added to the Withdrawal Agreement

So take note of this and use this for your

1 New Applications

2 Administrative Reviews

3 Appeals

3 PAPs

4 Judicial Reviews

As I always say here

Home Office is in breach and it's of contempt of court by failing to implement properly 16 December SC ruling of Patel vs SSHD, Senneh vs SSWP, Regulations 16, Article 20 of TFEU, Zambrano C34/9, Section 55 and UN right of the child 3

Their policies were described by LJ IRWIN in CA ruling of Patel vs SSHD in 2017 as Ambiguous and not fit for purpose. That is why I won my Appeal with them

Dont be afraid Members

Divide we fall and United we stand.

One clue also, Home Office monitors all that we write on the internet and I believe they read our post

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Chris90 » Fri Mar 27, 2020 12:14 pm

Home office definitely monitor this forum, it's been around for years, it's a useful tool for us in need of information, they definitely have team's watching places like this....

home office does not get to decide what leave you get due to the way a zambrano residence right is set up. It is completely independent from national law however a EU state has to comply with these EU rules and regulations.

Think about this, those who had or have the original dlr could not used it accumulate time to apply for a permanent document.

Because zambrano residence rights is literally as it says. Right to reside to ensure enjoyment of the Union citizen rights and nothing else. If you do not have leave in a EU state and have certain family relationship with a union citizen then zambrano cover's you to cover the EU citizen, whether or not you apply to the state for a document.. when a zambrano carer applies to the state for a document, he or she must me granted as long as they provide evidence of family relationship.. different with adults.

What Home Office argued and did over the years in attempt to make it a hard and complex situation is, a minor union citizen would depend on the Union citizen parent if that's the case and force us non EU citizens to prove we care for our child or children this view was flawed as to why Shah was successful in his appeal to the supreme court last December. You can't tell parents who will be carer and when they will be so. You either a primary carer or not

Home office approach where a EU citizen minor could rely solely upon the EU citizen parent only is what makes these cases seems difficult. They are really not, this is what the supreme confirms and explained for cases involving minors.

Think about it, home office have been telling parents for years to leave their children with the other parent if they are state citizen and go back home because you don't got leave! This number is VERY LARGE, this is why I'm sure we will NOT SEE the December ruling properly reflected the guidance, because these guidance are within the public domain, last thing home office want is more surge in zambrano applications AGAIN.
This don't mean they are not BOUND by the supreme court decision, they will just do it in the background where they got advantage.

Look up the legal definition of parental rights, powers and responsibilities. You will see the lack of respect home office have given us.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Mar 27, 2020 1:55 pm

Chris90 wrote:
Fri Mar 27, 2020 12:14 pm
Home office definitely monitor this forum, it's been around for years, it's a useful tool for us in need of information, they definitely have team's watching places like this....

home office does not get to decide what leave you get to the way a zambrano residence right is set up. It is completely independent from national law however a EU state has to comply with these EU rules and regulations.

I have colour coded some of the factual points with your original writing
Think about this, those who had or have the original dlr could not used it accumulate time to apply for a permanent document.

Because zambrano residence rights is literally as it says. Right to reside to ensure enjoyment of the Union citizen rights and nothing else. If you do not have leave in a EU state and have certain family relationship with a union citizen then zambrano cover's you to cover the EU citizen, whether or not you apply to the state for a document.. when a zambrano carer applies to the state for a document, he or she must me granted as long as they provide evidence of family relationship.. different with adults.

What Home Office argued and did over the years in attempt to make it a hard and complex situation is, a minor union citizen would depend on the Union citizen parent if that's the case and force us non EU citizens to prove we care for our child or children this view was flawed as to why Shah was successful in his appeal to the supreme court last December. You can't tell parents who will be carer and when they will be so. You either a primary carer or not

Home office approach where a EU citizen minor could rely solely upon the EU citizen parent only is what makes these cases seems difficult. They are really not, this is what the supreme confirms and explained for cases involving minors.

Think about it, home office have been telling parents for years to leave their children with the other parent if they are state citizen and go back home because you don't got leave! This number is VERY LARGE, this is why I'm sure we will NOT SEE the December ruling properly reflected the guidance, because these guidance are within the public domain, last thing home office want is more surge in zambrano applications AGAIN.
This don't mean they are not BOUND by the supreme court decision, they will just do it in the background where they got advantage.

Look up the legal definition of parental rights, powers and responsibilities. You will see the lack of respect home office have given us.
Good write up my friend. I love it today with you and Zambrano Ombudsman

By virtue of rule of law and application of law, anyone who thinks Home Office has erred in applying the correct rules(test) within the laws not within the guidance, should go to court like what Shah did under Patel vs SSHD.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by LULUBABY » Fri Mar 27, 2020 4:31 pm

snooky wrote:
Fri Mar 27, 2020 1:55 pm
Chris90 wrote:
Fri Mar 27, 2020 12:14 pm
Home office definitely monitor this forum, it's been around for years, it's a useful tool for us in need of information, they definitely have team's watching places like this....

home office does not get to decide what leave you get to the way a zambrano residence right is set up. It is completely independent from national law however a EU state has to comply with these EU rules and regulations.

I have colour coded some of the factual points with your original writing
Think about this, those who had or have the original dlr could not used it accumulate time to apply for a permanent document.

Because zambrano residence rights is literally as it says. Right to reside to ensure enjoyment of the Union citizen rights and nothing else. If you do not have leave in a EU state and have certain family relationship with a union citizen then zambrano cover's you to cover the EU citizen, whether or not you apply to the state for a document.. when a zambrano carer applies to the state for a document, he or she must me granted as long as they provide evidence of family relationship.. different with adults.

What Home Office argued and did over the years in attempt to make it a hard and complex situation is, a minor union citizen would depend on the Union citizen parent if that's the case and force us non EU citizens to prove we care for our child or children this view was flawed as to why Shah was successful in his appeal to the supreme court last December. You can't tell parents who will be carer and when they will be so. You either a primary carer or not

Home office approach where a EU citizen minor could rely solely upon the EU citizen parent only is what makes these cases seems difficult. They are really not, this is what the supreme confirms and explained for cases involving minors.

Think about it, home office have been telling parents for years to leave their children with the other parent if they are state citizen and go back home because you don't got leave! This number is VERY LARGE, this is why I'm sure we will NOT SEE the December ruling properly reflected the guidance, because these guidance are within the public domain, last thing home office want is more surge in zambrano applications AGAIN.
This don't mean they are not BOUND by the supreme court decision, they will just do it in the background where they got advantage.

Look up the legal definition of parental rights, powers and responsibilities. You will see the lack of respect home office have given us.
Good write up my friend. I love it today with you and Zambrano Ombudsman

By virtue of rule of law and application of law, anyone who thinks Home Office has erred in applying the correct rules(test) within the laws not within the guidance, should go to court like what Shah did under Patel vs SSHD.


How will they be able to go to court if they have no appeal rights?.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Mar 27, 2020 4:42 pm

LULUBABY

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by snooky » Fri Mar 27, 2020 4:47 pm

@LULUBABY

To go to with Home Office is simple.

Serve them PAP
Follow up with JR

Then if all these fail, take it to court, whether they gave it to you or not.

We go court to seek justice

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 4:49 pm

The Home Office published false guidance around appeals for EU Settlement

If your application is unsuccessful Appeal the decision
You can also make an appeal to an independent tribunal. You can only appeal applications made after 11pm on 31 January 2020.


https://www.gov.uk/settled-status-eu-ci ... ve-applied

Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue of residence scheme immigration rules

http://www.legislation.gov.uk/uksi/2020 ... ion/3/made
3.—(1) A person (“P”) may appeal against a decision made on or after exit day—

(a)to vary P’s leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules(1), so that P does not have leave to enter or remain in the United Kingdom,

(b)to cancel P’s leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(c)not to grant any leave to enter or remain in the United Kingdom in response to P’s relevant application, or

(d)not to grant indefinite leave to enter or remain in the United Kingdom in response to P’s relevant application (where limited leave to enter or remain is granted, or P had limited leave to enter or remain when P made the relevant application).

(2) In this regulation, “relevant application” means an application for leave to enter or remain in the United Kingdom made under residence scheme immigration rules on or after exit day.

http://www.legislation.gov.uk/uksi/2020 ... tents/made

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the Regulations”), which came into effect after 11pm EU exit day (31 January 2020), now afford applicants under the EU Settlement Scheme a right of appeal, but only on decisions made under the EU Settlement Scheme after the Regulations came into effect. Previously, the only options for challenging erroneous decisions were administrative review and judicial review.

Appeals will usually be to the First-tier Tribunal (Immigration and Asylum Chamber)...

Appeals can be lodged within the UK or outside the UK...

In the First-Tier Tribunal, appellants lodging appeals in the UK will have 14 days to do so, whilst those lodging from outside the UK have 28 days to lodge the appeal.
Third party solicitor website removed by moderator

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by LULUBABY » Fri Mar 27, 2020 5:01 pm

snooky wrote:
Fri Mar 27, 2020 4:47 pm
@LULUBABY

To go to with Home Office is simple.

Serve them PAP
Follow up with JR

Then if all these fail, take it to court, whether they gave it to you or not.

We go court to seek justice
Is so sad because only those that submitted their applications on or after 31st January have appeal rights. I am just wondering how all those people will be able to manage with the costs.

Zambrano_ombudsman
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 5:27 pm

LULUBABY wrote:
Fri Mar 27, 2020 5:01 pm
Is so sad because only those that submitted their applications on or after 31st January have appeal rights. I am just wondering how all those people will be able to manage with the costs.
@LULUBABY

You are providing false information to the readers on this website.

It is patently false to say "only those who submitted applications on or after 31st January have appeal rights.

Moreover, the appeal costs nothing. It is free.

The regulations clearly state appeal rights exist for people who received a decision after 31st January 2020.


The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

http://www.legislation.gov.uk/uksi/2020 ... ion/3/made
A person (“P”) may appeal against a decision made on or after exit day—not to grant any leave to enter or remain in the United Kingdom in response to P’s relevant application

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 6:02 pm

Zambrano_ombudsman wrote:
Fri Mar 27, 2020 5:27 pm
LULUBABY wrote:
Fri Mar 27, 2020 5:01 pm
Is so sad because only those that submitted their applications on or after 31st January have appeal rights. I am just wondering how all those people will be able to manage with the costs.
@LULUBABY

You are providing false information to the readers on this website.

It is patently false to say "only those who submitted applications on or after 31st January have appeal rights.

Moreover, the appeal costs nothing. It is free.

The regulations clearly state appeal rights exist for people who received a decision after 31st January 2020.


The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

http://www.legislation.gov.uk/uksi/2020 ... ion/3/made
A person (“P”) may appeal against a decision made on or after exit day—not to grant any leave to enter or remain in the United Kingdom in response to P’s relevant application
Appeals to the First-tier Tribunal (Immigration and Asylum Chamber)

https://immigrationappealsonline.justic ... k/IACFees/

Please select from one of the following options
  • I have received an appealable decision on any other application and the decision is dated on or after 6 April 2015
Please select one of the following. Your appeal is
  • against a decision restricting your rights under the EEA right to free movement
Do you want to have your appeal decided at an oral hearing or on the papers?
  • Oral Hearing
  • Papers
If you have chosen to have an oral hearing, please mark the box of anyone who will be attending your hearing to give evidence
  • Sponsor
  • Your representative
  • Witness
Are you in receipt of legal aid funding, Asylum Support Finding or support under s.17 of the Children's act 1989?
  • No
  • Legal Aid
  • Asylum Support
  • Section 17
You should provide a reference and any supporting documents. Failure to do so may result in a fee being required.

Are you paying for the appeals of any member of your family or anyone planning to appeal against an immigration decision?
  • No
  • Yes
Give details below

Section 1 – Personal Information

Section 2 – Your Home Office Decision (refer to your Notice of Decision)
Home Office Reference Number
Port Reference
COHID Reference
Method of service of decision
Date of Refusal Decision
Date Notice of Decision sent

The tribunal will publish your name on documents relating to your case which can be viewed publicly. You can apply to the tribunal for anonymity which, when granted, will result in the tribunal removing your name from all published documents.

The Application for Anonymity form can be found online at:
www.tribunals.gov.uk/ImmigrationAsylum/ ... idance.htm

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netqueen
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by netqueen » Fri Mar 27, 2020 6:30 pm

Zambrano_ombudsman wrote:
Fri Mar 27, 2020 6:02 pm
Zambrano_ombudsman wrote:
Fri Mar 27, 2020 5:27 pm
LULUBABY wrote:
Fri Mar 27, 2020 5:01 pm
Is so sad because only those that submitted their applications on or after 31st January have appeal rights. I am just wondering how all those people will be able to manage with the costs.
@LULUBABY

You are providing false information to the readers on this website.

It is patently false to say "only those who submitted applications on or after 31st January have appeal rights.

Moreover, the appeal costs nothing. It is free.

The regulations clearly state appeal rights exist for people who received a decision after 31st January 2020.


The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

http://www.legislation.gov.uk/uksi/2020 ... ion/3/made
A person (“P”) may appeal against a decision made on or after exit day—not to grant any leave to enter or remain in the United Kingdom in response to P’s relevant application
Appeals to the First-tier Tribunal (Immigration and Asylum Chamber)

https://immigrationappealsonline.justic ... k/IACFees/

Please select from one of the following options
  • I have received an appealable decision on any other application and the decision is dated on or after 6 April 2015
Please select one of the following. Your appeal is
  • against a decision restricting your rights under the EEA right to free movement
Do you want to have your appeal decided at an oral hearing or on the papers?
  • Oral Hearing
  • Papers
If you have chosen to have an oral hearing, please mark the box of anyone who will be attending your hearing to give evidence
  • Sponsor
  • Your representative
  • Witness
Are you in receipt of legal aid funding, Asylum Support Finding or support under s.17 of the Children's act 1989?
  • No
  • Legal Aid
  • Asylum Support
  • Section 17
You should provide a reference and any supporting documents. Failure to do so may result in a fee being required.

Are you paying for the appeals of any member of your family or anyone planning to appeal against an immigration decision?
  • No
  • Yes
Give details below

Section 1 – Personal Information

Section 2 – Your Home Office Decision (refer to your Notice of Decision)
Home Office Reference Number
Port Reference
COHID Reference
Method of service of decision
Date of Refusal Decision
Date Notice of Decision sent

The tribunal will publish your name on documents relating to your case which can be viewed publicly. You can apply to the tribunal for anonymity which, when granted, will result in the tribunal removing your name from all published documents.

The Application for Anonymity form can be found online at:
www.tribunals.gov.uk/ImmigrationAsylum/ ... idance.htm
Well @Zambrano_ombudsman, you have clarified some thing for most of us. Most of us refused were asked to go for Administrative Review(AR) not appeal rights when the refusal decision was sent. So i am just wondering why they asked us to do (AR), not appeal the decision as you have clarified above. I am wondering what kind of case workers they home office now employs. That you can appeal the decision made after 31st of January 2020 before a judge is to me better than having another case worker look at their decision again. Thanks for your updates.

Zambrano_ombudsman
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 6:31 pm

More on appeals

To clarify, if you can not afford the fee and are applying from within the UK, the Court can help with fees. Normally, the fees are £80 for a hearing on the papers and £140 for a hearing in person.

Appeal against an in Country [Asylum/Immigration] Decision

View the paper application here
https://assets.publishing.service.gov.u ... 0_save.pdf

View the online application here
https://immigrationappealsonline.justic ... k/IACFees/

Regarding applications made before 31 January 2020, the Court form says this
Where your appeal is against a decision made under the EU Settlement Scheme and you applied for administrative review of that decision and are unsuccessful, your appeal must be received by the Tribunal no later than 14 Calendar days after you are sent the outcome of the administrative review.
If you can not afford the fee for the administrative review, you may want to consider sending a pre action protocol letter to the Home Office challenging their refusal, as a replacement for an administrative review. It may or may not satisfy the Court.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 6:34 pm

netqueen wrote:
Fri Mar 27, 2020 6:30 pm
Well @Zambrano_ombudsman, you have clarified some thing for most of us. Most of us refused were asked to go for Administrative Review(AR) not appeal rights when the refusal decision was sent. So i am just wondering why they asked us to do (AR), not appeal the decision as you have clarified above. I am wondering what kind of case workers they home office now employs. That you can appeal the decision made after 31st of January 2020 before a judge is to me better than having another case worker look at their decision again. Thanks for your updates.
You will need to apply for administrative review or at least show you made some attempt to get UKVI to change their mind.

You appeal after the AR is unsuccessful. The AR can only be unsuccessful because the staff use Appendix EU as a basis for their decisions.

Even if an AR were successful for a Zambrano carer, I wouldn't trust it as long as Appendix EU remains in force.

The problem is not with the staff. The problem is that Appendix EU is unlawful.

Whoever created that document should be fired. Whoever approved Appendix EU should be fired or sanctioned.

Zambrano_ombudsman
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by Zambrano_ombudsman » Fri Mar 27, 2020 7:13 pm

The Pre Action Protocol
  • if you have been waiting a long time for a decision on your EU settlement application; e.g., six months or more
  • if you have been waiting a long time for a decision on your administrative review
  • if you can't afford to pay for an administrative review but want to challenge your refusal decision (this option may not work)
Send your pre action letter by email to UKVI UKVIPAP@homeoffice.gov.uk

UKVI also offer a template to help you write your pre action letter

https://www.gov.uk/government/publicati ... ial-review
The pro-forma itself can be found by clicking on this link: https://www.gov.uk/government/publicati ... ial-review. We would encourage the use of the pro-forma and the method of sending it in electronically as we believe that it will allow us to process these matters more efficiently.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form

Post by mubashir1981 » Fri Mar 27, 2020 7:37 pm

Looks like Homeoffice stop working as no more decision are coming. homeoffice still not sent me my copy of bundle as deadline is 30th march for my paper appeal. is it possible they home office ignore the court orders to not send bundle or documents request by court?

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