Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 3:50 pm

IST wrote: ↑
Mon Sep 07, 2020 2:05 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 12:49 pm

IST wrote: ↑
Mon Sep 07, 2020 11:19 am

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 9:39 am
@snooky please don’t leave us now . I have just received the refusal letter for the settlement scheme. The only reason stated was that I have leave to remain under another category. I have 28 days for administrative review. I have an application for derivative pending. It’s been 8 weeks since I applied. What do I do ?
Thank you
@Fustrated2019

As Snooky has mention on the previous post, I think you should rather concentrate on the EEA application and is better to do a new EU Settlement Scheme application then AR.
AR is waste of money and 97% of the refusal are Zambrano application.
Thank you. Should I wait for the outcome of the EEA application or put in a new Eu settlement application?
I think you can put a new EU Settlement Scheme application will not effect your EEA application, and with new EU Settlement Scheme application you’ll have a right of appeal .
Good luck

Sorry to be a pain . I have just read the refusal letter in detail and I have 14 days if I want to appeal . I have right of appeal . Is it worth appealing do you think ?
Thank you

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 3:55 pm

hapacan wrote: ↑
Mon Sep 07, 2020 2:06 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 9:39 am
@snooky please don’t leave us now . I have just received the refusal letter for the settlement scheme. The only reason stated was that I have leave to remain under another category. I have 28 days for administrative review. I have an application for derivative pending. It’s been 8 weeks since I applied. What do I do ?
Thank you
You should apply for administrative review. Your administrative review will almost certainly be refused. The Court will eventually want to see the AR refusal letter.

Because of the timing, you will need to file an appeal in court, assuming you are going to be refused.

If your settlement application was made after 1 February 2020, you will need to appeal to the First Tier Tribunal.

If you applied for settlement before 1 February 2020, you will need to challenge the refusal by way of a judicial review in the Upper Tribunal.

If you want to challenge the lawfulness of the Home Office guidance (that says they can refuse people who have leave to remain), you need to file in the High Court.

The key issue is that 4600 families have been refused settlement.

Zambrano carers who have been refused for similar reasons should get together and file a joint claim.

They should then ask for that claim to be expedited through the courts.

Too many people are filing on their own and getting lost in the system.

The problem with filing multiple applications is that you are running out of time. Also, the decision making is 100% in the hands of the Home Office. If you appeal to the Court, the Home Office will have to be transparent. They will tell the Court, "this challenge should be refused because the claimant will be successful if they make another application under the derivative scheme" or similar.

You want the Home Office to tell the court why you are wrong. Then you have proof. If you keep making applications to the Home Office, there is no independent oversight over the way they treat you.

If you don't have the money to pay the court fees, that is understandable. But if you can afford to pay the court fees or get legal assistance, you should escalate matters to the Court. You are essentially paying for the Home Office to put in writing their position on your case. In this way, they have to make their thought process available for everyone to see and judge.

Thank you very much. I applied after 1st of February so I and I have just read my letter in detail stating I have right of appeal. Can you walk me through going for an appeal please?
Thank you

hapacan · Post by **hapacan** » Mon Sep 07, 2020 3:57 pm

Sorry to be a pain . I have just read the refusal letter in detail and I have 14 days if I want to appeal . I have right of appeal . Is it worth appealing do you think ? Thank you

Always appeal, if you were honest in your application, you have the money and you are a Zambrano carer.

When you complete the form, ask for expedition.

IST · Post by **IST** » Mon Sep 07, 2020 4:07 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:55 pm

hapacan wrote: ↑
Mon Sep 07, 2020 2:06 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 9:39 am
@snooky please don’t leave us now . I have just received the refusal letter for the settlement scheme. The only reason stated was that I have leave to remain under another category. I have 28 days for administrative review. I have an application for derivative pending. It’s been 8 weeks since I applied. What do I do ?
Thank you
You should apply for administrative review. Your administrative review will almost certainly be refused. The Court will eventually want to see the AR refusal letter.

Because of the timing, you will need to file an appeal in court, assuming you are going to be refused.

If your settlement application was made after 1 February 2020, you will need to appeal to the First Tier Tribunal.

If you applied for settlement before 1 February 2020, you will need to challenge the refusal by way of a judicial review in the Upper Tribunal.

If you want to challenge the lawfulness of the Home Office guidance (that says they can refuse people who have leave to remain), you need to file in the High Court.

The key issue is that 4600 families have been refused settlement.

Zambrano carers who have been refused for similar reasons should get together and file a joint claim.

They should then ask for that claim to be expedited through the courts.

Too many people are filing on their own and getting lost in the system.

The problem with filing multiple applications is that you are running out of time. Also, the decision making is 100% in the hands of the Home Office. If you appeal to the Court, the Home Office will have to be transparent. They will tell the Court, "this challenge should be refused because the claimant will be successful if they make another application under the derivative scheme" or similar.

You want the Home Office to tell the court why you are wrong. Then you have proof. If you keep making applications to the Home Office, there is no independent oversight over the way they treat you.

If you don't have the money to pay the court fees, that is understandable. But if you can afford to pay the court fees or get legal assistance, you should escalate matters to the Court. You are essentially paying for the Home Office to put in writing their position on your case. In this way, they have to make their thought process available for everyone to see and judge.
Thank you very much. I applied after 1st of February so I and I have just read my letter in detail stating I have right of appeal. Can you walk me through going for an appeal please?
Thank you
[/quote

Ok that’s great as you have a right of appeal.

Check on this threat how to appeal Snooky has send the link and also follow the guidance. Also on this forum you have the argument of skeleton which again Snooky has posted . I think you have everything you need on this forum.

Good luck and you will be fine , pls Senior member of the forum pls advice

IST · Post by **IST** » Mon Sep 07, 2020 4:10 pm

IST wrote: ↑
Mon Sep 07, 2020 4:07 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:55 pm

hapacan wrote: ↑
Mon Sep 07, 2020 2:06 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 9:39 am
@snooky please don’t leave us now . I have just received the refusal letter for the settlement scheme. The only reason stated was that I have leave to remain under another category. I have 28 days for administrative review. I have an application for derivative pending. It’s been 8 weeks since I applied. What do I do ?
Thank you
You should apply for administrative review. Your administrative review will almost certainly be refused. The Court will eventually want to see the AR refusal letter.

Because of the timing, you will need to file an appeal in court, assuming you are going to be refused.

If your settlement application was made after 1 February 2020, you will need to appeal to the First Tier Tribunal.

If you applied for settlement before 1 February 2020, you will need to challenge the refusal by way of a judicial review in the Upper Tribunal.

If you want to challenge the lawfulness of the Home Office guidance (that says they can refuse people who have leave to remain), you need to file in the High Court.

The key issue is that 4600 families have been refused settlement.

Zambrano carers who have been refused for similar reasons should get together and file a joint claim.

They should then ask for that claim to be expedited through the courts.

Too many people are filing on their own and getting lost in the system.

The problem with filing multiple applications is that you are running out of time. Also, the decision making is 100% in the hands of the Home Office. If you appeal to the Court, the Home Office will have to be transparent. They will tell the Court, "this challenge should be refused because the claimant will be successful if they make another application under the derivative scheme" or similar.

You want the Home Office to tell the court why you are wrong. Then you have proof. If you keep making applications to the Home Office, there is no independent oversight over the way they treat you.

If you don't have the money to pay the court fees, that is understandable. But if you can afford to pay the court fees or get legal assistance, you should escalate matters to the Court. You are essentially paying for the Home Office to put in writing their position on your case. In this way, they have to make their thought process available for everyone to see and judge.
Thank you very much. I applied after 1st of February so I and I have just read my letter in detail stating I have right of appeal. Can you walk me through going for an appeal please?
Thank you
[/quote

Ok that’s great as you have a right of appeal.

Check on this threat how to appeal Snooky has send the link and also follow the guidance. Also on this forum you have the argument of skeleton which again Snooky has posted . I think you have everything you need on this forum.

Good luck and you will be fine , pls Senior member of the forum pls advice
which regulation number was the right of appeal given ?

hapacan · Post by **hapacan** » Mon Sep 07, 2020 4:10 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:55 pm
Thank you very much. I applied after 1st of February so I and I have just read my letter in detail stating I have right of appeal. Can you walk me through going for an appeal please?
Thank you

What section is confusing?

Section 1 – Personal information
Section 2 – Your Home office decision
Section 3 – Your appeal
Section 4 – Your declaration
Section 5 – Representative Details

Option 1: you can apply online at https://immigrationappealsonline.justic ... k/IACFees/

Option 2: You should have received appeal form IAFT-5 with your Refusal Letter. If you did not, you should immediately contact the Home Office IEB on 0870 606 7766. Form IAFT5: Appeal a visa or immigration decision (within the UK) Use Form IAFT5 if you have the legal right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) from within the UK.

You do not have to pay a fee for your appeal if

You receive Legal Aid/list]
- You are the person (or someone with parental responsibility for the person) for whose benefit services are provided by a local authority under section 17 of the Children Act 1989, section 22 of the Children (Scotland) Act 1995, article 18 of the Children (Northern Ireland) Order 1995 or section 37 of the Social Services and Well-being (Wales) Act 2014.
- You are the person for whom accommodation is being provided by a local authority under section 20 of the Children Act 1989, section 25 of the Children (Scotland) Act 1995, article 21 of the Children (Northern Ireland) Order 1995 or section 76 of the Social Services and Well-being (Wales) Act 2014
Contact information for the First Tier Tribunal
Please have your appeal reference number available.
By telephone: Tribunals Customer Service Centre on [0044] 0300 123 1711By email: Customer.Service at justice.gov.uk

LULUBABY · Post by **LULUBABY** » Mon Sep 07, 2020 4:41 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:50 pm

IST wrote: ↑
Mon Sep 07, 2020 2:05 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 12:49 pm

IST wrote: ↑
Mon Sep 07, 2020 11:19 am

@Fustrated2019

As Snooky has mention on the previous post, I think you should rather concentrate on the EEA application and is better to do a new EU Settlement Scheme application then AR.
AR is waste of money and 97% of the refusal are Zambrano application.
Thank you. Should I wait for the outcome of the EEA application or put in a new Eu settlement application?
I think you can put a new EU Settlement Scheme application will not effect your EEA application, and with new EU Settlement Scheme application you’ll have a right of appeal .
Good luck
Sorry to be a pain . I have just read the refusal letter in detail and I have 14 days if I want to appeal . I have right of appeal . Is it worth appealing do you think ?
Thank you

Of course it is worth it. Please do not miss this opportunity. Please be strong. Don’t give up.

Sib740 · Post by **Sib740** » Mon Sep 07, 2020 5:26 pm

The Home Office omitted the mandatory provision that Zambrano carers must not have limited leave to remain from the Immigration Rules.

They can not now refuse applications from Zambrano carers with limited leave to remain based on their guidance.

Their guidance is secondary to the Immigration Rules.

Per R(on the application of Alvi) (Respondent) vSecretary of State for the Home Department (Appellant) [2012]

The inclusion of non-mandatory or advisory material cannot affect the validity of rules, although it may make them longer (and, possibly, less clear, in that the reader may have to work out whether some provision is mandatory or not). But the omission of a mandatory provision – that is, a condition which an applicant must satisfy if the application is to succeed – would be a serious defect. In this case, as we all agree, the immigration rules laid before Parliament should have specified (as they now do) that the position of physiotherapy assistant was below the level of NVQ/SBQ3 and so was not regarded as a skilled job.

Immigration Rules Appendix EU

You will be granted indefinite leave to enter or remain where:

You made a valid application

You meet the eligibility requirements listed under paragraph EU11 and

You should not be refused on grounds of suitability

Paragraph EU11
(a) The applicant:
(v) is a person with a Zambrano right to reside; or
(vi) is a person who had a derivative or Zambrano right to reside; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

The skeleton argument you write should be based around the grounds you choose.

SKELETON ARGUMENT OF THE CLAIMANT
For hearing: 07 September 2020 at 1400hrs, for 30 minutes

1. Introduction:
2. Summary of Facts - Before Brexit:
3. Summary of Facts - After Brexit:
4. The Claimant's EU Settlement Application:
5. Response to the arguments set out in the Home Office refusal letter:
6. Ground 1:
7. Ground 2:
8. Conclusion

LULUBABY · Post by **LULUBABY** » Mon Sep 07, 2020 5:30 pm

Thanks again to you all for your support. Please how do we apply for Judicial Review?.

forney · Post by **forney** » Mon Sep 07, 2020 5:46 pm

The Home Office guidance says Zambrano carers with leave to remain are ineligible. The Home Office guidance is drafted by the Home Office. Parliament has not given its consent. Therefore the Home Office guidance about Zambrano carers and leave to remain is wrong.

Per R(on the application of Alvi) v SSHD [2012],

if a change in practice has the potential to determine the outcome of any application for leave to enter or remain then it must be laid before Parliament.

It seems to me that,as a matter of ordinary language, there is a clear distinction between guidance and a rule. Guidance is advisory in character; it assists the decision maker but does not compel a particular outcome. By contrast a rule is mandatory in nature; it compels the decision maker to reach a particular result.

I agree with Lord Hope and Lord Dyson that in this context a rule is something different from guidance but the question remains what is a rule.

The general sense of “rules” is prescriptive and mandatory; that of “guidance” more open-textured and advisory.

In simple terms,

The EU Withdrawal Agreement and the UK Immigration Rules Appendix EU should match.

The EU Withdrawal Agreement and the Home Office guidance should match.

The UK Immigration Rules: Appendix EU and the Home Office guidance should match.

forney · Post by **forney** » Mon Sep 07, 2020 6:00 pm

LULUBABY wrote: ↑
Mon Sep 07, 2020 5:30 pm
Thanks again to you all for your support. Please how do we apply for Judicial Review?.

Apply for Judicial Review if you submitted your application prior to 1 February 2020.

You must first email the Home Office to let them know you want to file a judicial review. This is called the pre-action protocol(PAP).

Did you comply with the Pre Action Protocol?

The pre action protocol allows the Home Office to either reverse their refusal or to clearly explain the reasons for maintaining their refusal.

If you did the PAP, complete Form T480: Apply for a judicial review in an immigration or asylum case

You use T480 to apply for permission for a judicial review. In the application, you set out the grounds for your claim, and include evidence you wish to rely on.

The court seals your claim by putting a stamp on it.

You then send a copy to the Home Office, specifically to the GLD.

The Home Office will write an Acknowledgement of Service (AoS). Their AoS will either accept what you said or challenge it. If they challenge it, they have to explain why in a summary grounds of defence (SG).

The judge will decide whether to grant you permission for a judicial review. If your argument is sound, you will be allowed to go ahead to a full substantive hearing.

You may also have a pre-hearing (case management conference), or an interim relief hearing before the final hearing.

Once permission is granted the Home Office must submit detailed grounds of defense. Nearer the hearing date both you and the Home Office have to submit skeleton arguments.

Sib740 · Post by **Sib740** » Mon Sep 07, 2020 6:14 pm

Look at the refusal letter

Did they say your application was invalid?

Did they say your character is unsuitable?

Did they say you did not meet the requirements in EU11 of the Immigration Rules Appendix EU?

If they only refused you on their guidance, you should challenge them in Court.

jossywilliams · Post by **jossywilliams** » Mon Sep 07, 2020 6:32 pm

Zambrano application: 4th Sept 2019
HO acknowledgement: 24th September
MP letter to HO : 15th May 2020
HO reply : 29th May 2020 ( generic)
....
Several calls, followed by complain.

Telephone complain : 17th June 2020
HO response to complain: 26th June

Several calls...

PRE- SETTLED Status granted today : 7th September 2020

ALL PRAISE TO GOD. GOODLUCK TO EVERYONE!

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 7:22 pm

Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
ICD.5298 1 of 5

You have applied under the EU Settlement Scheme as a person with a Zambrano right to reside on the basis that you are the primary carer of a British citizen.
To qualify under the EU Settlement Scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules.
One of the requirements for qualifying for settled or pre-settled status as a person with a Zambrano right to reside is that you do not already hold leave to enter or remain in the UK, unless this was granted under the EU Settlement Scheme.
Our records show that you currently hold leave to remain in the UK valid until xxxxxx. This leave was granted under Family LTR, not under the EU Settlement Scheme. This means you cannot qualify as a person with a Zambrano right to reside.
As your existing leave to enter or remain means your application cannot succeed, we have not considered the rest of your application.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
We are currently working remotely due to COVID-19 and only have access to electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time. However, steps will be taken to return your documents as soon as possible. In the meantime, please ensure that you keep us up to date with any change of address to ensure that documents are returned to the correct location. We apologise for any inconvenience caused.

I have right of appeal. Please help . Where do I start ?

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 7:26 pm

IST wrote: ↑
Mon Sep 07, 2020 4:10 pm

IST wrote: ↑
Mon Sep 07, 2020 4:07 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:55 pm

hapacan wrote: ↑
Mon Sep 07, 2020 2:06 pm

You should apply for administrative review. Your administrative review will almost certainly be refused. The Court will eventually want to see the AR refusal letter.

Because of the timing, you will need to file an appeal in court, assuming you are going to be refused.

If your settlement application was made after 1 February 2020, you will need to appeal to the First Tier Tribunal.

If you applied for settlement before 1 February 2020, you will need to challenge the refusal by way of a judicial review in the Upper Tribunal.

If you want to challenge the lawfulness of the Home Office guidance (that says they can refuse people who have leave to remain), you need to file in the High Court.

The key issue is that 4600 families have been refused settlement.

Zambrano carers who have been refused for similar reasons should get together and file a joint claim.

They should then ask for that claim to be expedited through the courts.

Too many people are filing on their own and getting lost in the system.

The problem with filing multiple applications is that you are running out of time. Also, the decision making is 100% in the hands of the Home Office. If you appeal to the Court, the Home Office will have to be transparent. They will tell the Court, "this challenge should be refused because the claimant will be successful if they make another application under the derivative scheme" or similar.

You want the Home Office to tell the court why you are wrong. Then you have proof. If you keep making applications to the Home Office, there is no independent oversight over the way they treat you.

If you don't have the money to pay the court fees, that is understandable. But if you can afford to pay the court fees or get legal assistance, you should escalate matters to the Court. You are essentially paying for the Home Office to put in writing their position on your case. In this way, they have to make their thought process available for everyone to see and judge.
Thank you very much. I applied after 1st of February so I and I have just read my letter in detail stating I have right of appeal. Can you walk me through going for an appeal please?
Thank you
[/quote

Ok that’s great as you have a right of appeal.

Check on this threat how to appeal Snooky has send the link and also follow the guidance. Also on this forum you have the argument of skeleton which again Snooky has posted . I think you have everything you need on this forum.

Good luck and you will be fine , pls Senior member of the forum pls advice
which regulation number was the right of appeal given ?
You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules, or that it breaches any rights you have under the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement.

That’s what they wrote

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 7:27 pm

hapacan wrote: ↑
Mon Sep 07, 2020 3:57 pm

Sorry to be a pain . I have just read the refusal letter in detail and I have 14 days if I want to appeal . I have right of appeal . Is it worth appealing do you think ? Thank you
Always appeal, if you were honest in your application, you have the money and you are a Zambrano carer.

When you complete the form, ask for expedition.

Thank you

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 7:31 pm

hapacan wrote: ↑
Mon Sep 07, 2020 4:10 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:55 pm
Thank you very much. I applied after 1st of February so I and I have just read my letter in detail stating I have right of appeal. Can you walk me through going for an appeal please?
Thank you
What section is confusing?

Section 1 – Personal information
Section 2 – Your Home office decision
Section 3 – Your appeal
Section 4 – Your declaration
Section 5 – Representative Details

Option 1: you can apply online at https://immigrationappealsonline.justic ... k/IACFees/

Option 2: You should have received appeal form IAFT-5 with your Refusal Letter. If you did not, you should immediately contact the Home Office IEB on 0870 606 7766. Form IAFT5: Appeal a visa or immigration decision (within the UK) Use Form IAFT5 if you have the legal right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) from within the UK.

You do not have to pay a fee for your appeal if

You receive Legal Aid/list]
You are the person (or someone with parental responsibility for the person) for whose benefit services are provided by a local authority under section 17 of the Children Act 1989, section 22 of the Children (Scotland) Act 1995, article 18 of the Children (Northern Ireland) Order 1995 or section 37 of the Social Services and Well-being (Wales) Act 2014.

You are the person for whom accommodation is being provided by a local authority under section 20 of the Children Act 1989, section 25 of the Children (Scotland) Act 1995, article 21 of the Children (Northern Ireland) Order 1995 or section 76 of the Social Services and Well-being (Wales) Act 2014

Contact information for the First Tier Tribunal
Please have your appeal reference number available.
By telephone: Tribunals Customer Service Centre on [0044] 0300 123 1711By email: Customer.Service at justice.gov.uk

You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules, or that it breaches any rights you have under the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement.

There was no for attached to the letter in the email. I will call the court tomorrow to get the form. Thank you very much for your help. I appreciate it .

Fustrated2019 · Post by **Fustrated2019** » Mon Sep 07, 2020 7:32 pm

LULUBABY wrote: ↑
Mon Sep 07, 2020 4:41 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 3:50 pm

IST wrote: ↑
Mon Sep 07, 2020 2:05 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 12:49 pm

Thank you. Should I wait for the outcome of the EEA application or put in a new Eu settlement application?
I think you can put a new EU Settlement Scheme application will not effect your EEA application, and with new EU Settlement Scheme application you’ll have a right of appeal .
Good luck
Sorry to be a pain . I have just read the refusal letter in detail and I have 14 days if I want to appeal . I have right of appeal . Is it worth appealing do you think ?
Thank you
Of course it is worth it. Please do not miss this opportunity. Please be strong. Don’t give up.

Thank you @lulubaby

Ngoo · Post by **Ngoo** » Mon Sep 07, 2020 7:34 pm

IST wrote: ↑
Mon Sep 07, 2020 3:00 pm

hapacan wrote: ↑
Mon Sep 07, 2020 2:45 pm
For anyone considering applying to the Court, or who has a case pending in Court:

Apparently, the UK is giving ministers the power to instruct the Courts after 31 December 2020.

Therefore, the First Tier Tribunal and Upper Tribunal will have to decide cases based on what MPs think - even if the judge disagrees. In the past, the judge would determine whether you won or lost.

My understanding is that after December 2020, ministers will change the law so that the judges can rule against Zambrano carers much more easily.

Therefore, anyone who has a case pending should try to get it heard before 31 December 2020.

Judges of the Upper Tribunal are appointed by the Queen, on the recommendation of the Lord Chancellor. The current Lord Chancellor, as of January 2020, is xxxxxxxx, who is also Secretary of State for Justice. His voting record: He consistently voted for a reduction in spending on welfare benefits, almost always voted for a stricter asylum system, consistently voted for mass surveillance of people’s communications and activities, consistently voted for stronger enforcement of immigration rules. Most of the current judges of the Upper Tribunal were appointed in the period after 2010 with previous PMs.
[/quot

@Hapacan

How can we try to get it heard before 31 December 2020?
I thought in our power is that we submit the appeal within the timeframe and after is up to the court, I might be wrong.
@Hapacan,
My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

forney · Post by **forney** » Mon Sep 07, 2020 7:58 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 7:22 pm
Reasons why your application has been refused
You have applied under the EU Settlement Scheme as a person with a Zambrano right to reside on the basis that you are the primary carer of a British citizen. To qualify under the EU Settlement Scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. One of the requirements for qualifying for settled or pre-settled status as a person with a Zambrano right to reside is that you do not already hold leave to enter or remain in the UK, unless this was granted under the EU Settlement Scheme.

I have right of appeal. Please help . Where do I start ?

The refusal letter should tell how you can appeal. What does your letter say?

Appendix EU to the Immigration Rules

EU2. The applicant will be granted indefinite leave to enter (where the application is made outside the UK) or indefinite leave to remain (where the application is made within the UK) where:
• A valid application has been made in accordance with paragraph EU9;
• The applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12; and
• The applicant is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.

If you received a Certificate of Application or CoA, then you application was probably valid.

Since they did not mention suitability, it means you are probably suitable.

Appendix EU section EU2 talks about Appendix EU section EU11. EU11 is for Zambrano carers.

Persons eligible for indefinite leave to enter or remain as a relevant EEA citizen or their family member, or as a person with a derivative right to reside or with a Zambrano right to reside

EU11. The applicant meets the eligibility requirements for indefinite leave to enter or remain as a relevant EEA citizen or their family member (or as a person with a derivative right to reside or a person with a Zambrano right to reside) where the Secretary of State is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, one of conditions 1 to 7 set out in the following table is met:

3.(a) The applicant:
(iv) is a person with a derivative right to reside; or
(v) is a person with a Zambrano right to reside; or
(vi) is a person who had a derivative or Zambrano right to reside; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

forney · Post by **forney** » Mon Sep 07, 2020 8:03 pm

Ngoo wrote: ↑
Mon Sep 07, 2020 7:34 pm
My EEA Zambrano paper appeal was submitted on the 9th of April and I haven’t heard anything since then . I do call them every week, and they always give the same response ‘your appeal is still waiting for a Judge’. What do I have to do to speed up the appeal? Thanks

Which court is it? Did you ask the Court about how you can apply for expedition? In addition to expedition, you may want to find other Zambrano carers with a similar claim to yours and file with them.

IST · Post by **IST** » Mon Sep 07, 2020 8:03 pm

jossywilliams wrote: ↑
Mon Sep 07, 2020 6:32 pm
Zambrano application: 4th Sept 2019
HO acknowledgement: 24th September
MP letter to HO : 15th May 2020
HO reply : 29th May 2020 ( generic)
....
Several calls, followed by complain.

Telephone complain : 17th June 2020
HO response to complain: 26th June

Several calls...

PRE- SETTLED Status granted today : 7th September 2020

ALL PRAISE TO GOD. GOODLUCK TO EVERYONE!

Jossywilliams.

Congratulations.

Did you had LTR under immigration rules or Under EEA?

Sib740 · Post by **Sib740** » Mon Sep 07, 2020 8:10 pm

Fustrated2019 wrote: ↑
Mon Sep 07, 2020 7:31 pm
There was no for attached to the letter in the email. I will call the court tomorrow to get the form. Thank you very much for your help. I appreciate it .

The Home Office was supposed to give you the form. The form is IAFT-5 if you applied after 31 January 2020. You can complete it online (recommended).

You can appeal either Online here https://immigrationappealsonline.justic ... k/IACFees/

You can also search for "form IAFT-5" online.

FIRST TIER TRIBUNAL ONLY
b]You can only appeal decisions to the First Tier Tribunal on applications made from 11pm on 31 January 2020.[/b]

Urgent appeal applications

You need to write to the tribunal with:

the reason why your case should be heard urgently
evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should write ‘expedite requests’ on the top of any documents you send with your application.

A judge will review your evidence and decide whether your application should be heard sooner than usual.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

If your EU Settlement Scheme application is unsuccessful

You can apply again for the EU Settlement Scheme for free if you have new evidence to submit.

You can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. You decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

forney · Post by **forney** » Mon Sep 07, 2020 8:40 pm

One problem with Appendix EU is how it defines a person who had a Zambrano right to reside. If you were a Zambrano carer, but are no longer a Zambrano carer on the day you applied for settlement, the definitions section of Appendix EU says you have to be in one of the following categories -

an EEA citizen,

a family member of an EEA citizen,

a person with a derivative right to reside,

a family member of a qualifying British citizen,

So, someone who moved from being a Zambrano carer to someone who has limited leave to remain would not be eligible for settlement, according to the definitions section of Appendix EU. But if you read EU11 of Appendix EU, you could be forgiven for considering yourself to be a person who had a Zambrano right to reside.

Will the Courts agree with this definition of a person who had a Zambrano right to reside?

jossywilliams · Post by **jossywilliams** » Mon Sep 07, 2020 8:50 pm

IST wrote: ↑
Mon Sep 07, 2020 8:03 pm

jossywilliams wrote: ↑
Mon Sep 07, 2020 6:32 pm
Zambrano application: 4th Sept 2019
HO acknowledgement: 24th September
MP letter to HO : 15th May 2020
HO reply : 29th May 2020 ( generic)
....
Several calls, followed by complain.

Telephone complain : 17th June 2020
HO response to complain: 26th June

Several calls...

PRE- SETTLED Status granted today : 7th September 2020

ALL PRAISE TO GOD. GOODLUCK TO EVERYONE!
Jossywilliams.

Congratulations.

Did you had LTR under immigration rules or Under EEA?

My previous 2.5yrs was on the basis of me being a responsible parent. That route was a ten years route, but that has now changed.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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