Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

LULUBABY · Post by **LULUBABY** » Sat Jun 12, 2021 7:40 pm

snooky wrote: ↑
Thu Jun 10, 2021 9:52 pm

HO grammar has killed them like highe seat which killed miss Thomas' cat and also the greedy dog loses its bone.

Snooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.

Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.

'Nice weather innit'

My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.

snooky · Post by **snooky** » Sat Jun 12, 2021 7:47 pm

LULUBABY wrote: ↑
Sat Jun 12, 2021 7:40 pm

snooky wrote: ↑
Thu Jun 10, 2021 9:52 pm

HO grammar has killed them like highe seat which killed miss Thomas' cat and also the greedy dog loses its bone.

Snooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.

Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.

'Nice weather innit'

My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.

Lulubaby

/quote]

Snooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.

I remember the above very well and another court case which said grammar matters in law.

You don't forget nothing here. You are dope

netqueen · Post by **netqueen** » Sat Jun 12, 2021 9:16 pm

LULUBABY wrote: ↑
Sat Jun 12, 2021 7:40 pm

snooky wrote: ↑
Thu Jun 10, 2021 9:52 pm

HO grammar has killed them like highe seat which killed miss Thomas' cat and also the greedy dog loses its bone.

Snooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.

Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.

'Nice weather innit'

My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.

@ LLULUBABY you have a wicked sense of humour . So glad we are all breathing easy now.
We will all succeed .

snooky · Post by **snooky** » Sat Jun 12, 2021 10:22 pm

netqueen wrote: ↑
Sat Jun 12, 2021 9:16 pm

LULUBABY wrote: ↑
Sat Jun 12, 2021 7:40 pm

snooky wrote: ↑
Thu Jun 10, 2021 9:52 pm

HO grammar has killed them like highe seat which killed miss Thomas' cat and also the greedy dog loses its bone.

Snooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.

Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.

'Nice weather innit'

My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.
@ LLULUBABY you have a wicked sense of humour . So glad we are all breathing easy now.
We will all succeed .

Net queen

How are you??

Miss-Suz · Post by **Miss-Suz** » Sun Jun 13, 2021 1:18 am

Hi all,

I heard that the Akinsanya case returns to the High Court on 17 June to decide if Home Office must extend the 30 June 2021 deadline for Zambrano cases to apply under the EU Settlement Scheme.

snooky · Post by **snooky** » Sun Jun 13, 2021 5:41 am

Miss-Suz wrote: ↑
Sun Jun 13, 2021 1:18 am
Hi all,

I heard that the Akinsanya case returns to the High Court on 17 June to decide if Home Office must extend the 30 June 2021 deadline for Zambrano cases to apply under the EU Settlement Scheme.

HI

You are right!!!!!!

The claimant will be asking that the deadline of 30 June 2021 is suspended for Zambrano carers. As the HO appeal wouldn't accepted, I am sure the court will create a dispensation for zambrano applicants who have suffered through HO bureaucracy and government positive discrimination

Win49 · Post by **Win49** » Sun Jun 13, 2021 8:37 am

@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?

snooky · Post by **snooky** » Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?

Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively

munirabid · Post by **munirabid** » Sun Jun 13, 2021 1:41 pm

Hi snooky,

I just need information about Zambrano , my child got British citizenship in August 2020 and we already on 30 months leave to remain on the basis of family life after refusal Asylum and Currently we are on benefits , so I just want to know, did we Qualify for Zambrano for both Parents or I can continue 10 years Route?

Win49 · Post by **Win49** » Sun Jun 13, 2021 3:04 pm

@Snooky
Thanks for clarifying. Will request for the forms.
Really appreciate you taken time out to answer my query..
God bless you.

snooky · Post by **snooky** » Sun Jun 13, 2021 3:16 pm

munirabid wrote: ↑
Sun Jun 13, 2021 1:41 pm
Hi snooky,

I just need information about Zambrano , my child got British citizenship in August 2020 and we already on 30 months leave to remain on the basis of family life after refusal Asylum and Currently we are on benefits , so I just want to know, did we Qualify for Zambrano for both Parents or I can continue 10 years Route?

I can't suggest to you to continue your 10 year route under Appendix FM or go for zambrano route as this decision should be taken by you.

Moreover as I kept saying here and was confirmed first by Judge Neville in 2020 and now the Judge Mostyn in this current high court judgement, nothing stops you to take advantage of the euss zambrano route.

The judges made bold statements that Reg 17 (exempt person) does not apply to LTR people as in EU /EEA zambrano right to reside is more of a quality and long term Leave than HOs LTR and zambrano ruling covered all those who never have Leave outside PSIC s. 13(2) of the Asylum and Immigration Act 1996. They went further saying even the domestic immigration itself doesn't see LTR people as exempt people.

The problem is if you have already done some years under Appendix FM and you switch, HO claim they are not going to count that towards your Leave as in previous eea demands under Senneh vs SSWP.

Lagosbos · Post by **Lagosbos** » Mon Jun 14, 2021 8:44 am

snooky wrote: ↑
Sun Jun 13, 2021 11:46 am

Win49 wrote: ↑
Sun Jun 13, 2021 8:37 am
@snooky
Quick question, please does the Akinsanya ruling mean people with LTR that were refused Zambrano EUSS in March 2020 and didn't go JR re-apply?
Yes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.

The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.

Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.

So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.

This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.

Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.

Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively

Just to buttress Snooky's point. It might be worth every individual whose administrative review was also refused should request their £80 back once the Akinsanya ruling has been promulgated. Has there was no reason for those administrative reviews should have been refused in the first place.

Miss-Suz · Post by **Miss-Suz** » Mon Jun 14, 2021 10:05 am

Hi Snooky,

Could you please help me in the following?
I will prepare my EEA appeal file. I will of course use the template you posted here and arrange it according to my situation. But my question is, now there is a new case, The Akinsanya one. Which I would also like to use as one of my appeal grounds. How can I fit it into mine? As the Akinsanya case concerned whose who have LTR.
In other words how to use the Akinsanya judgement to support my case?

snooky · Post by **snooky** » Mon Jun 14, 2021 12:07 pm

Miss-Suz wrote: ↑
Mon Jun 14, 2021 10:05 am
Hi Snooky,

Could you please help me in the following?
I will prepare my EEA appeal file. I will of course use the template you posted here and arrange it according to my situation. But my question is, now there is a new case, The Akinsanya one. Which I would also like to use as one of my appeal grounds. How can I fit it into mine? As the Akinsanya case concerned whose who have LTR.
In other words how to use the Akinsanya judgement to support my case?

Is simple, within the skeleton argument, after where zambrano jurisprudence is argued, you can put "High Court Case - Akinsanya, then keep writing that the judge consider the recent case above and look into it the key information like the information below. So just insert the below

The High Court

R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules.

Now, Mostyn J has made two important findings.

First, a claim for a Zambrano derivative right of residence is not extinguished by the existence of a current limited right to remain and work awarded under national law. [Paragraph 24]

Second, Regulation 16 of the EEA Regulations 2016 (previously regulation 15A) explicitly prevented a person with indefinite leave to remain from having Zambrano rights to reside. There was nothing to state that those holding limited leave to remain would be so prevented, and reading it that way would equate to adding “words to a domestic statutory instrument which have the effect of stripping away rights from what may be a substantial cohort of applicants”.
Mr Mostyn went further to raise these points to by looking at the Home Office Guidance

1. Make a declaration that the Secretary of State erred in law when excluding those with leave to remain from the definition of Zambrano carers under Appendix EU. In other words, the current wording of Appendix EU is unlawful.

2. Make a declaration that the Home Office guidance on derivative rights of residence and on Zambrano carers under the Settlement Scheme specifically is “legally erroneous” insofar as it also excludes such people. The Home Office will need to amend them both.

Minaseer · Post by **Minaseer** » Mon Jun 14, 2021 1:17 pm

Hi snooky,

My 2 children are british from 2018... we got ltr of 30 months and at the moment waiting for extension of our ltr for last 4-5 months.

Can you plzzz answer:::::

Can i apply as a zambrano carer on the basis of new case Akinsya. , if so:::: are we eligible to claim benefits u der zanbrano category??

And can we apply for settlement after 5 years? Or we have to apply for pre settled status and then after competing 5 years , we can apply for settlement??

Plzzz clarify this.
Many thanks

Miss-Suz · Post by **Miss-Suz** » Mon Jun 14, 2021 2:41 pm

snooky wrote: ↑
Mon Jun 14, 2021 12:07 pm

Miss-Suz wrote: ↑
Mon Jun 14, 2021 10:05 am
Hi Snooky,

Could you please help me in the following?
I will prepare my EEA appeal file. I will of course use the template you posted here and arrange it according to my situation. But my question is, now there is a new case, The Akinsanya one. Which I would also like to use as one of my appeal grounds. How can I fit it into mine? As the Akinsanya case concerned whose who have LTR.
In other words how to use the Akinsanya judgement to support my case?
Is simple, within the skeleton argument, after where zambrano jurisprudence is argued, you can put "High Court Case - Akinsanya, then keep writing that the judge consider the recent case above and look into it the key information like the information below. So just insert the below

The High Court

R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules.

Now, Mostyn J has made two important findings.

First, a claim for a Zambrano derivative right of residence is not extinguished by the existence of a current limited right to remain and work awarded under national law. [Paragraph 24]

Second, Regulation 16 of the EEA Regulations 2016 (previously regulation 15A) explicitly prevented a person with indefinite leave to remain from having Zambrano rights to reside. There was nothing to state that those holding limited leave to remain would be so prevented, and reading it that way would equate to adding “words to a domestic statutory instrument which have the effect of stripping away rights from what may be a substantial cohort of applicants”.
Mr Mostyn went further to raise these points to by looking at the Home Office Guidance

1. Make a declaration that the Secretary of State erred in law when excluding those with leave to remain from the definition of Zambrano carers under Appendix EU. In other words, the current wording of Appendix EU is unlawful.

2. Make a declaration that the Home Office guidance on derivative rights of residence and on Zambrano carers under the Settlement Scheme specifically is “legally erroneous” insofar as it also excludes such people. The Home Office will need to amend them both.

Oh brilliant!!!!!
Can’t thank you enough Snooky.

Thanks a billion for myself and for everyone here. You have been a life saver for all us.
God shall bless you always

snooky · Post by **snooky** » Mon Jun 14, 2021 2:46 pm

Minaseer wrote: ↑
Mon Jun 14, 2021 1:17 pm
Hi snooky,

My 2 children are british from 2018... we got ltr of 30 months and at the moment waiting for extension of our ltr for last 4-5 months.

Can you plzzz answer:::::

Can i apply as a zambrano carer on the basis of new case Akinsya. , if so:::: are we eligible to claim benefits u der zanbrano category??

And can we apply for settlement after 5 years? Or we have to apply for pre settled status and then after competing 5 years , we can apply for settlement??

Plzzz clarify this.
Many thanks

My 2 children are british from 2018... we got ltr of 30 months and at the moment waiting for extension of our ltr for last 4-5 months.

Ans: Great news that you have BN Children.

Can i apply as a zambrano carer on the basis of new case Akinsya. , if so:::: are we eligible to claim benefits u der zanbrano category??

Ans: Nothing stops you to apply as it was in the beginning, it is the same as it should be.

Ans B: I have seen a lot of presettled zambrano carers being allowed to take benefits since EU citizens with pre-settled status in the UK can access welfare benefits, according to a landmark judgement by the UK Court of Appeal on Friday (18 December) by Mr Justice McCombe

And can we apply for settlement after 5 years? Or we have to apply for pre settled status and then after competing 5 years , we can apply for settlement?

Ans: This is the tricky part of the whole system as HO is saying the 5 years after we left the EU starts from the the of the card. So you can but some will have to wait longer especially if they have spent years under Appendix FM.

Please assess yourself before you commit to any change. There is no 2 cases which are the same in immigration.

Minaseer · Post by **Minaseer** » Mon Jun 14, 2021 3:06 pm

Do they allow benefits under zambrano if its successfull plz

Minaseer · Post by **Minaseer** » Mon Jun 14, 2021 3:28 pm

Can u plz send the link for the form too plzz

snooky · Post by **snooky** » Mon Jun 14, 2021 3:29 pm

Minaseer wrote: ↑
Mon Jun 14, 2021 3:06 pm
Do they allow benefits under zambrano if its successfull plz

Hi

I have already answered your question about the benefits.

Ans B: I have seen a lot of presettled zambrano carers being allowed to take benefits since EU citizens with pre-settled status in the UK can access welfare benefits, according to a landmark judgement by the UK Court of Appeal on Friday (18 December) by Mr Justice McCombe

snooky · Post by **snooky** » Mon Jun 14, 2021 3:30 pm

Minaseer wrote: ↑
Mon Jun 14, 2021 3:28 pm
Can u plz send the link for the form too plzz

Which form???

Minaseer · Post by **Minaseer** » Mon Jun 14, 2021 3:37 pm

Thank you...

I meant is there any form for applying as a zambrano carer plz

Lagosbos · Post by **Lagosbos** » Mon Jun 14, 2021 3:39 pm

Minaseer wrote: ↑
Mon Jun 14, 2021 3:37 pm
Thank you...

I meant is there any form for applying as a zambrano carer plz

Call EUSS on 0300 123 7379 and request a form as Zambrano carer.

snooky · Post by **snooky** » Mon Jun 14, 2021 3:46 pm

Minaseer wrote: ↑
Mon Jun 14, 2021 3:37 pm
Thank you...

I meant is there any form for applying as a zambrano carer plz

EEA is over and their cards usage coming to an end after 30 June 2021.

This is why EUSS is there to protect EU right. So zambrano is now made under Appendix EU so call or email them to ask them for forms.

Lagosbos has given you their phone number.

Good luck

LULUBABY · Post by **LULUBABY** » Mon Jun 14, 2021 5:00 pm

Minaseer wrote: ↑
Mon Jun 14, 2021 3:28 pm
Can u plz send the link for the form too plzz

Click on page105 of this discussion / thread Vinny posted a link to the online EUSS form.

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

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

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