Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

lolwe · Post by **lolwe** » Thu Dec 31, 2020 9:24 am

10 Oct 2019

The [then] security minister, Brandon Lewis, has threatened EU citizens with deportation from the UK if they do not apply for settled status after Brexit.

In an interview with the German newspaper Die Welt, Lewis said these people risked being deported if they failed to apply by the end of 2020. “If EU citizens have not registered by then without an adequate justification, the immigration rules will apply,” Lewis said.

Asked whether those who did not apply in the next 14 months would face deportation even if they fulfilled all legal conditions for a residence permit, Lewis said: “Theoretically yes. We will apply the rules.”

December 4, 2020

Anthony Bryan, 62, who arrived in the UK as a child in 1965 on his brother’s passport

Mr Bryan, from Edmonton, north London, was wrongly detained for a total of five weeks and was almost deported before an immigration lawyer intervened.

Mr Bryan, whose story was portrayed in the BBC drama Sitting in Limbo...

7 December 2020

Justice Secretary Robert Buckland announces a review of the Human Rights Act.

Mr Buckland said that as it stands, the Human Rights Act allows domestic courts to 'in effect, rewrite Acts of Parliament to ensure that they comply with the ECHR'.

He added: 'It is surely worth asking whether, and if so how, such important and controversial decisions over how to change the law should be returned to Parliament.'

It comes as the Home Office faces a fresh deportation row as lawyers seek to block the removal of Channel migrants.

LULUBABY · Post by **LULUBABY** » Thu Dec 31, 2020 9:28 am

I am trying to upload my refusal letter.

LULUBABY · Post by **LULUBABY** » Thu Dec 31, 2020 9:35 am

We are also in control of our fingers and eyes, just log in log out, scroll up and down, read and digest or just breeze past, we all have usernames, if you don’t like any post, go “not agaaiiinnnnnn” and log out.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 9:37 am

Greetings,

Let's focus on the Group Litigation Order. Let's not be distracted by arguments that are about someone's own discomfort with inequality and injustice. People will try to silence you if you point out the ways in which their systems of government abuse their authority.

It will pass. Eventually they will see that the changes coming affect the average British person. For example, did you know the Brexit deal that just passed gives Ministers even more powers to change the law - without having to get the changes approved through Parliament?

Education is freedom. We should consider the challenges we may face in the near future - and possible solutions to those problems, or even ways to avoid those problems in the first place.

When people warned about COVID, some in Britain called it 'scaremongering'. Today, Britain has one of the worst COVID death rates in the world. Yesterday, 981 people were recorded dead - a new high. Discussing difficult issues is only scaremongering if you don't try to find solutions or recommend alternatives.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 10:15 am

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

This joint legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

....

Issue 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz

Gee

Issue 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat

Lagosbos

Issue 3: Zambrano carers who were refused because they did not renew their leave to remain under Appendix FM

Lulubaby

lolwe · Post by **lolwe** » Thu Dec 31, 2020 10:39 am

Application for a GLO

3.1 An application for a GLO must be made in accordance with CPR Part 23, may be made at any time before or after any relevant claims have been issued and may be made either by a claimant or by a defendant.

3.2 The following information should be included in the application notice or in written evidence filed in support of the application:

(1) a summary of the nature of the litigation;

(2) the number and nature of claims already issued;

(3) the number of parties likely to be involved;

(4) the common issues of fact or law (the ‘GLO issues’) that are likely to arise in the litigation; and

(5) whether there are any matters that distinguish smaller groups of claims within the wider group.

It would be good to get people's thoughts on items 1 to 5.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 11:21 am

Application for a GLO - Question 1 - Your thoughts? Anything to add?

1.) A summary of the nature of the litigation.

Following the Supreme Court Judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), Home Office Policy Guidance, Derivative rights of residence, published on 2nd May 2019 should no longer continue in existence in the public domain in its current form.

According to the Home Office EUSS guidance, Zambrano applications will be refused if the applicant has never made an application under Appendix FM of the Immigration Rules or any other Article 8 ECHR (European Court of Human Rights) claim, where that avenue is available. The rules for the settlement scheme also say that Zambrano carers are only eligible to apply for settled status if “they do not have leave to enter or remain in the UK granted under another part of the rules.”

The offending parts of the Guidance have no basis in law, be it EU law or caselaw. Those who drafted it would have known this, in particular as it was foisted upon the public following KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, which was decided after the Court of Appeal in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 gave its judgement.

An application of automatic refusal decisions without any assessment or examination of derivative residence card applications/individual circumstances is being applied in a manner akin to that deprecated/rejected in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28 in the CJEU.

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 11:40 am

Hi all,

To those preparing and waiting on appeal at the first tier tribunal. Where I have been in recent contact with home office litigation operations, I am able to say home office is asking the tribunal to LINK our Zambrano rights with the availablity of domestic immigration routes.

The fact that they are doing this proves 2 things..
1. You are indeed a Zambrano carer if you meet the requirements (otherwise they would have outright refused you by stating you do not meet the requirements) this explains the reliance on appendix FM to justify this. They are making attempts to appear they are not breaching the regulations.
2. The best defence home office has is to ask the tribunal to link our EU right with domestic. Home office has no legal tool to justify the approach they have taken.

As we already discussed, we must ask ourselves why some succeed while some don't. Could it be the arguments raised?
When you truly grasp the breach of law you will realise this amount to discrimination not just unlawful.

This definitely needs some media attention, and courageous individuals.

Ask yourself if Zambrano carers was not covered by the withdrawal agreement, why did home office brought Zambrano carers inline with the scheme (they had the obligations to do so) they was not being nice, otherwise we would not be here talking about this because our refusal letters would be different. (They would have followed through on that obligations they commit themselves to).

Home office could have stated all Zambrano carers must apply under appendix FM early on, just as they are saying now, why the change of positions? They had to respect the obligations EU placed on them.

How is the GLO going.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 11:46 am

Chris90 wrote: ↑
Thu Dec 31, 2020 11:40 am
Hi all,

To those preparing and waiting on appeal at the first tier tribunal. Where I have been in recent contact with home office litigation operations, I am able to say home office is asking the tribunal to LINK our Zambrano rights with the availablity of domestic immigration routes.

The fact that they are doing this proves 2 things..
1. You are indeed a Zambrano carer if you meet the requirements (otherwise they would have outright refused you by stating you do not meet the requirements) this explains the reliance on appendix FM to justify this. They are making attempts to appear they are not breaching the regulations.
2. The best defence home office has is to ask the tribunal to link our EU right with domestic. Home office has no legal tool to justify the approach they have taken.

As we already discussed, we must ask ourselves why some succeed while some don't. Could it be the arguments raised?
When you truly grasp the breach of law you will realise this amount to discrimination not just unlawful.

This definitely needs some media attention, and courageous individuals.

Ask yourself if Zambrano carers was not covered by the withdrawal agreement, why did home office brought Zambrano carers inline with the scheme (they had the obligations to do so) they was not being nice, otherwise we would not be here talking about this because our refusal letters would be different. (They would have followed through on that obligations they commit themselves to).

Home office could have stated all Zambrano carers must apply under appendix FM early on, just as they are saying now, why the change of positions? They had to respect the obligations EU placed on them.

How is the GLO going.

Happy New Year @Chris90!

I am now working on the Witness Statement (no longer a statement of case). I will have a draft done by the end of the day. Miss-Suz and netqueen uploaded their refusals. Still waiting on Lulubaby's refusal letter. Haven't heard from Gee...Hope Gee is ok.

The point you make about why some are approved and others are not...That is the million pound question, indeed.

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 12:01 pm

@lolwe

Thanks same to you, happy new year, also to the Zambrano carers here making attempts to do the right thing for yourself and your families.

Im still familiarising myself with GLO lolwe, as soon as it's a thing please announce here for us all.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 12:10 pm

Application for a GLO -Your thoughts? Anything to add?

2.) The number and nature of claims already issued.

a.) Since the Scheme opened in August 2018, SSHD issued over two thousand blanket refusals to Zambrano carers. Anecdotal evidence suggests few refusals were overturned during Administrative Review.

b.) By 30 June 2020, SSHD concluded 1260 applications by Zambrano carers, rejecting 770 Zambrano applications or 61%. Among all groups, 16,630 applications were refused by 30 September 2020. By November, the overall rejection figure rose to 29,000. Refusal rates are trending upwards in a steep fashion.

c.) Zambrano carers are left with one of three choices: a) leave the UK when their protection ends; b) apply or remain under Appendix FM; or, c.) challenge the refusal in Court. Some carers will choose Appendix FM. Many Zambrano carers can not afford the fees ranging in the thousands for Appendix FM, nor do they qualify for a fee waiver. Moreover, a significant number of Zambrano carers have experience challenging refusals to their derivative residence card applications in the First Tier Tribunal. Consequently, hundreds (if not thousands) are almost certain to file claims in the First Tier Tribunal challenging their refusal before the Scheme closes. The alternative is too harsh.

d.) The claims will for an appealable decision dated after 6 April 2015. The nature of the claims regards a decision to refuse their stay under the EU Settlement Scheme. Home Office refusal letters, or templates, can be summarised as a refusal due to the applicant a.) not having applied for leave to remain under Appendix FM; b.) currently holding leave to remain under Appendix FM; and c.) declining to extend or renew their leave to remain under Appendix FM.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 12:12 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:01 pm
@lolwe

Thanks same to you, happy new year, also to the Zambrano carers here making attempts to do the right thing for yourself and your families.

Im still familiarising myself with GLO lolwe, as soon as it's a thing please announce here for us all.

Oh it may not be a thing. All we can do is try. Unfortunately, I won't be available to contribute to this forum much next year due to prior commitments.

The main advantage to a GLO is that when a Zambrano carer gets one of the refusals letters we submit, they can join the register and just focus on the final phase - proving they are a Zambrano carer. They shouldn't have to worry about the LTR arguments.

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 12:27 pm

lolwe wrote: ↑
Thu Dec 31, 2020 12:10 pm
Application for a GLO -Your thoughts? Anything to add?

2.) The number and nature of claims already issued.

a.) Since the Scheme opened in August 2018, SSHD issued over two thousand blanket refusals to Zambrano carers. Anecdotal evidence suggests few refusals were overturned during Administrative Review.

b.) By 30 June 2020, SSHD concluded 1260 applications by Zambrano carers, rejecting 770 Zambrano applications or 61%. Among all groups, 16,630 applications were refused by 30 September 2020. By November, the overall rejection figure rose to 29,000. Refusal rates are trending upwards in a steep fashion.

c.) Zambrano carers are left with one of three choices: a) leave the UK when their protection ends; b) apply or remain under Appendix FM; or, c.) challenge the refusal in Court. Some carers will choose Appendix FM. Many Zambrano carers can not afford the fees ranging in the thousands for Appendix FM, nor do they qualify for a fee waiver. Moreover, a significant number of Zambrano carers have experience challenging refusals to their derivative residence card applications in the First Tier Tribunal. Consequently, hundreds (if not thousands) are almost certain to file claims in the First Tier Tribunal challenging their refusal before the Scheme closes. The alternative is too harsh.

d.) The claims will for an appealable decision dated after 6 April 2015. The nature of the claims regards a decision to refuse their stay under the EU Settlement Scheme. Home Office refusal letters, or templates, can be summarised as a refusal due to the applicant a.) not having applied for leave to remain under Appendix FM; b.) currently holding leave to remain under Appendix FM; and c.) declining to extend or renew their leave to remain under Appendix FM.

Maybe this might need rewording but what do you all thing of this statement.

Home office (SSHD) is flawed in there approach towards Zambrano carers, they asked in appendix EU (settlement scheme) for an applicant to be without leave then goes on to refuse those group of Zambrano carers for having leave and those without leave at all besides being a Zambrano carer.

There should be a record held of Zambrano carers that was granted leave under settlement scheme while holding appendix FM and similarly should be a record of those who was granted leave without holding appendix FM at all, with that said in is in the interest of justice and the public for the respondent to justify this issue.

The respondent displays disregard for EEA Regulations 2016 including any amendments, the respondent contradic the settlement scheme requirements for Zambrano carers.

The respondent apears to be unable to point in an area of law which would justify this view they hold towards Zambrano carers that meets the actual requirements

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 12:30 pm

Is there a Zambrano carer who is eligible for the tribunal fee waiver and willing to obtain the group litigation order.

Name yourself if you are willing. Even if you already hold appendix FM you still may also have an appeal pending?

CR001 · Post by **CR001** » Thu Dec 31, 2020 12:35 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:30 pm
Is there a Zambrano carer who is eligible for the tribunal fee waiver and willing to obtain the group litigation order.

Name yourself if you are willing. Even if you already hold appendix FM you still may also have an appeal pending?

Scroll back a few pages where a member has already stated this!!

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 12:40 pm

CR001 wrote: ↑
Thu Dec 31, 2020 12:35 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:30 pm
Is there a Zambrano carer who is eligible for the tribunal fee waiver and willing to obtain the group litigation order.

Name yourself if you are willing. Even if you already hold appendix FM you still may also have an appeal pending?
Scroll back a few pages where a member has already stated this!!

Thanks you, will do..

lolwe · Post by **lolwe** » Thu Dec 31, 2020 12:49 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:40 pm

CR001 wrote: ↑
Thu Dec 31, 2020 12:35 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:30 pm
Is there a Zambrano carer who is eligible for the tribunal fee waiver and willing to obtain the group litigation order.

Name yourself if you are willing. Even if you already hold appendix FM you still may also have an appeal pending?
Scroll back a few pages where a member has already stated this!!
Thanks you, will do..

We may need to take a few bites at the apple, so to speak. So having another Z carer who qualifies could be good. Also, Gee is missing in action

LULUBABY · Post by **LULUBABY** » Thu Dec 31, 2020 12:56 pm

lolwe wrote: ↑
Wed Dec 30, 2020 11:03 pm

Miss-Suz wrote: ↑
Wed Dec 30, 2020 10:50 pm

Thank you so much for taking the time to upload a redacted version of your refusal letter, Miss Suz!

It is much appreciated. That just leaves LULUBABY's refusal letter

“None of us is as smart as all of us.”

I am still finding it difficult uploading my letter. I have edited it but it still not uploading.

lolwe · Post by **lolwe** » Thu Dec 31, 2020 12:58 pm

Group Litigation Order

1.) N244 (2 pages)
2.) Draft Order
3.) Witness Statement (2 pages)

The only thing missing is the fee waiver, found here - https://www.gov.uk/get-help-with-court-fees

lolwe · Post by **lolwe** » Thu Dec 31, 2020 12:58 pm

LULUBABY wrote: ↑
Thu Dec 31, 2020 12:56 pm

lolwe wrote: ↑
Wed Dec 30, 2020 11:03 pm

Miss-Suz wrote: ↑
Wed Dec 30, 2020 10:50 pm

Thank you so much for taking the time to upload a redacted version of your refusal letter, Miss Suz!

It is much appreciated. That just leaves LULUBABY's refusal letter

“None of us is as smart as all of us.”

I am still finding it difficult uploading my letter. I have edited it but it still not uploading.

Is it saved as a picture / image / jpg / png?

lolwe · Post by **lolwe** » Thu Dec 31, 2020 1:01 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:27 pm
Maybe this might need rewording but what do you all thing of this statement.

Home office (SSHD) is flawed in there approach towards Zambrano carers, they asked in appendix EU (settlement scheme) for an applicant to be without leave then goes on to refuse those group of Zambrano carers for having leave and those without leave at all besides being a Zambrano carer.

There should be a record held of Zambrano carers that was granted leave under settlement scheme while holding appendix FM and similarly should be a record of those who was granted leave without holding appendix FM at all, with that said in is in the interest of justice and the public for the respondent to justify this issue.

The respondent displays disregard for EEA Regulations 2016 including any amendments, the respondent contradic the settlement scheme requirements for Zambrano carers.

The respondent apears to be unable to point in an area of law which would justify this view they hold towards Zambrano carers that meets the actual requirements

I am happy to add it. Just tell me where in the witness statement. I will update and upload the changes.

netqueen · Post by **netqueen** » Thu Dec 31, 2020 1:30 pm

LULUBABY wrote: ↑
Thu Dec 31, 2020 12:56 pm

lolwe wrote: ↑
Wed Dec 30, 2020 11:03 pm

Miss-Suz wrote: ↑
Wed Dec 30, 2020 10:50 pm

Thank you so much for taking the time to upload a redacted version of your refusal letter, Miss Suz!

It is much appreciated. That just leaves LULUBABY's refusal letter

“None of us is as smart as all of us.”

I am still finding it difficult uploading my letter. I have edited it but it still not uploading.

@LULUBABY, try saving the document as a JPEG file. it is this if the attachment is a word document, save that same document as a PDF so word will change it to a PDF file and in the PDF go on to save the same document as image/JPEG file that way you will be able to upload the document as attachment. Was having the same problem yesterday and eventually figured it out.
Happy new year.

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 1:32 pm

lolwe wrote: ↑
Thu Dec 31, 2020 1:01 pm

Chris90 wrote: ↑
Thu Dec 31, 2020 12:27 pm
Maybe this might need rewording but what do you all thing of this statement.

Home office (SSHD) is flawed in there approach towards Zambrano carers, they asked in appendix EU (settlement scheme) for an applicant to be without leave then goes on to refuse those group of Zambrano carers for having leave and those without leave at all besides being a Zambrano carer.

There should be a record held of Zambrano carers that was granted leave under settlement scheme while holding appendix FM and similarly should be a record of those who was granted leave without holding appendix FM at all, with that said in is in the interest of justice and the public for the respondent to justify this issue.

The respondent displays disregard for EEA Regulations 2016 including any amendments, the respondent contradic the settlement scheme requirements for Zambrano carers.

The respondent apears to be unable to point in an area of law which would justify this view they hold towards Zambrano carers that meets the actual requirements
I am happy to add it. Just tell me where in the witness statement. I will update and upload the changes.

At witness statement point 1) you have lettered it, you could create a point E and just include the above points in a shorter format, for those that has not held appendix FM we could state, we are eligible to the rules attached under appendix EU however received a refusal along with the other things stated above in a short but clear wording. Open to any adjustments that would represent the Zambrano principles and conflicts arising from the type of refusal we have received from home office. I think it's good to point out none of us was given a section in law contained within these Zambrano refusal letters that is compatible with the rule's whether it be EEA Regulations 2016 or appendix EU justify these refusal. The respondent must, in the interest of justice and fair process justify their refusal backed up with law/caselaws.

LULUBABY · Post by **LULUBABY** » Thu Dec 31, 2020 1:36 pm

lolwe wrote: ↑
Thu Dec 31, 2020 12:58 pm

LULUBABY wrote: ↑
Thu Dec 31, 2020 12:56 pm

lolwe wrote: ↑
Wed Dec 30, 2020 11:03 pm

Miss-Suz wrote: ↑
Wed Dec 30, 2020 10:50 pm

Thank you so much for taking the time to upload a redacted version of your refusal letter, Miss Suz!

It is much appreciated. That just leaves LULUBABY's refusal letter

“None of us is as smart as all of us.”

I am still finding it difficult uploading my letter. I have edited it but it still not uploading.
Is it saved as a picture / image / jpg / png?

Why on earth are my things so complicated?. God forbid. I hope and pray this doesn’t follow me into 2021.
I edited it and sent it to myself as email. Now to upload it to the forum has become another issue.

Chris90 · Post by **Chris90** » Thu Dec 31, 2020 1:45 pm

Just a random thought I would like to share,
If what our refusal letter says has any legal backing to it, whether you have appendix FM or not, why process applications from us if we must apply for or stick to appendix FM. These types of refusal would removed any effectiveness from the actual laws, caselaws and regulations that enabled us to even request an application form in the first place. This sounds like and error to me, what do you all think?..

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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

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

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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