Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

gee4 · Post by **gee4** » Wed Jun 23, 2021 10:27 am

LULUBABY wrote: ↑
Wed Jun 23, 2021 10:12 am

gee4 wrote: ↑
Tue Jun 22, 2021 2:36 pm

MissKhe wrote: ↑
Tue Jun 22, 2021 1:14 pm

gee4 wrote: ↑
Tue Jun 22, 2021 1:07 pm
Hi family,

The joy in my heart right now is not measurable. My appeal has been allowed this morning.
I want to say thank you to everyone here, without you I wouldn’t have even know i have options to appeal. I’m shaking whilst I’m typing this message
I’m super excited
Thank you all
Congratulations to you deserve you and your family, this whole process is stressful and challenging, now you can rest , plan and enjoy life.
Can you brief us your Journey please thanks.
Thank you. I’m still in a bit of shock and this is absolutely not a dream.
Zambrano application: 3rd of June 2020
Refusal: 19 October 2020
AR: 21 October 2020
AR refusal: February 2021
First court hearing: 24 May 2021
Adjourned date: 9th of June 2021 same day as Akinsanya’s case
Decision on appeal came today

I have been on this whole EUSS since January 2019 as I applied previously as a spouse of Eu national but because my marriage has ended the application was refused. So I applied to Zambrano as I have a British son.
I wish everyone waiting the best.
Hi gee ( wowwww, I am just realising your username has a swag, like, what's up gee), I am so happy for you. Has it sunk in yet?. OMG!!!!!

Please when you can, let me know how it was in court. Do we have to wear formal clothing to show we really mean business?. Is it scary?. God please help me.

I received an email from the HO yesterday and was just planning to go out today and sort out a couple of documents as per more evidence.

You know due to the change in weather these past few days, I put the radiator on last night. I later started perceiving something like burning feathers or roasting so I said " wowwww barbecue, these people are really enjoying"
This morning, I got ready to go out and couldn't find my wig. I later saw something that looked like a porcupine. Lo and behold it was my wig.
According to my son, he 'helped me wash it and put it on the radiator to dry'.

What kind of life is this?. I am so stressed and can't handle anymore drama.
I just can't wait for this HO rubbish to come to an end.

HO wants to delay my case until Akinsanya Appeal is over.

Porcupine! Haha… you’re so funny and a great sense of humour even with all that we’re dealing with. I wish this forum can allow a get together or something when we all win this battle lol would be nice to meet everyone as we all have been fighting side by side in this battle with HO.
I tried to appear not to dressed and glamming as I want the judge to see through the pain I was going through. I couldn’t even say much without crying I was so drained and depressed as I already suffer from anxiety and depression plus my son is a child in need the whole process was very stressful for me I pray everyone gets their positive appeal very soon.

LULUBABY · Post by **LULUBABY** » Wed Jun 23, 2021 10:40 am

1. The SSHD intends to appeal against the judicial review decision in Akinsanya v SSHD (CO/4877/2020) therefore applies to stay this matter pending the determination of the Court of Appeal.

2. In this application for judicial review, the Applicant challenges the Secretary of State’s decision dated xxxxxx to refuse the Applicant’s application under the EU Settlement Scheme (‘EUSS’) as a ‘person with a Zambrano right to reside’.

3. The points of law under consideration in Akinsanya substantially overlap with those under consideration in this case. The points of law under consideration in Akinsanya are, broadly:

a. whether paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as defined in Annex 1 to Appendix EU to the Immigration Rules (that is, the requirement that the applicant not hold leave to enter or remain granted under another Part, or outside, of the Immigration Rules) is required to be consistent with EU law, given the inclusion of such persons in the EU Settlement Scheme is a wholly domestic policy without basis in the Withdrawal Agreement;
b. whether paragraph (b) of the definition is consistent with EU law (if the answer to (i) is that it is required to be), the SSHD’s position being that it is, because an applicant who holds leave to enter or remain in the UK will be unable to demonstrate that the British citizen over whom they exercise a primary care responsibility would be compelled to leave the territory of the UK or EEA (which is a well-established requirement for the existence of a derivative right to reside per the judgment of the Court of Justice of the European Union in Zambrano, and the accompanying suite of jurisprudence and, therefore, under regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016);

c. irrespective of the considerations in (i) and (ii), whether paragraph (b) of the definition is compatible with Articles 8 and 14 of the European Convention on Human Rights; and

d. whether paragraph (b) is otherwise rational, in light of the fact that a person who had leave to enter or remain in the UK at the end of the transition period specified in the Withdrawal Agreement (23:00 GMT on 31 December 2020)
was not affected by the UK’s withdrawal from the EU and thus had no need to avail themselves of the EU Settlement Scheme.

4. The Judicial Review claim in Akinsanya was heard on 20 May 2021 by the Honourable Mr Justice Mostyn. The judgement on Akinsanya was handed down on 9 June 2021 and a copy was sent to the Upper Tribunal in this matter on 11 June 2021. However, the SSHD intends to appeal against the aforementioned judgment.

5. It is submitted that the judgment on the intended appeal in Akinsanya is likely to be of considerable assistance to a judge in deciding this case. It may have the effect of causing one or other party in this case to reconsider their position, thereby simplifying the task of the judge. It is submitted that the judgment on the intended appeal in Akinsanya is likely to have a substantial effect on the position which the parties take in this case. If the stay is refused, the SSHD is likely to have to amend her position in light of the judgment on the intended appeal, and the Applicant is likely to have to do so as well in response. This would lead to the unnecessary incurring of costs, whereas granting the stay would reduce or avoid those costs while providing helpful clarification of the issues.

6. The SSHD respectfully submits that, for the reasons outlined above, justice would be better served in allowing the decision of the Court of Appeal on the intended appeal in Akinsanya to be promulgated and considered by both parties before proceeding with this judicial review. There is no real prejudice to the Claimant in a stay pending the determination of the Court of Appeal on the intended appeal against the judicial review decision in Akinsanya v SSHD (CO/4877/2020).

7. These issues have arisen in several cases, including the judicial review brought in the Upper Tribunal, namely Xxxxxxxx v SSHD JR/xxxxxxxxxx, which is currently staying behind Akinsanya. It is submitted that this is a consistent and proper approach to adopt. This is a further reason for the Court to grant the stay sought in this case.

8. The SSHD invites the Court to direct that this claim be stayed until seven days after the decision on the intended appeal in Akinsanya, and that thereafter the SSHD will have three weeks in which to file and serve Supplementary Grounds in response to the Applicant’s grounds of renewal, and the parties will have liberty to apply.

9. The Upper Tribunal is respectfully requested to grant the stay sought. A draft order is attached.

Obie · Post by **Obie** » Wed Jun 23, 2021 10:45 am

I hope the Upper Tribunal refuse the application

LULUBABY · Post by **LULUBABY** » Wed Jun 23, 2021 10:58 am

Below is also from HO:

UPON CONSIDERING the Respondent’s application of 22 June 2021; It is ordered that:-

1. This claim be stayed until seven days after the decision on the determination of the Court of Appeal on the intended appeal against the judicial review decision in Akinsanya v SSHD (CO/4877/2020), and that thereafter the Respondent will have three weeks in which to file and serve Supplementary Grounds in response to the Applicant’s grounds of renewal.

2. Both parties will have liberty to apply.

Obie · Post by **Obie** » Wed Jun 23, 2021 11:00 am

You should make recommendations objecting to it.

Although my gut feeling is that the UT will grant them.

netqueen · Post by **netqueen** » Wed Jun 23, 2021 12:22 pm

apollo_alpha wrote: ↑
Wed Jun 23, 2021 9:55 am
Hi Folks,

Good news from me as well. My EUSS Zambrano appeal was allowed today by the FTt Judge. I should get the written decision of the Judge in 10 working days.

I just hope the HO behaves themselves and give me my status, and not put it on hold until they get a decision from the court of appeal.

In fact i pray the court of appeal doesn't grant them the permission to appeal. Zambrano carers need a break

wow congratulations . Well deserved.
Pray we all succeed soon.

snooky · Post by **snooky** » Wed Jun 23, 2021 12:25 pm

Obie wrote: ↑
Wed Jun 23, 2021 10:45 am
I hope the Upper Tribunal refuse the application

As SSHD has breached and misrepresented with misleading information from the onset, Obie the UT will gently refuse their plea especially as so many people have suffered and moreover we have come to an end.

snooky · Post by **snooky** » Wed Jun 23, 2021 12:30 pm

Obie wrote: ↑
Wed Jun 23, 2021 10:45 am
I hope the Upper Tribunal refuse the application

As SSHD has breached and misrepresented with misleading information from the onset, Obie the UT will gently refuse their plea especially as so many people have suffered and moreover we have come to an end.

snooky · Post by **snooky** » Wed Jun 23, 2021 12:32 pm

Congratulations to those who have recently gone through successfully. Those waiting, don't worry, all will be fine

LULUBABY · Post by **LULUBABY** » Wed Jun 23, 2021 4:26 pm

apollo_alpha wrote: ↑
Wed Jun 23, 2021 9:55 am
Hi Folks,

Good news from me as well. My EUSS Zambrano appeal was allowed today by the FTt Judge. I should get the written decision of the Judge in 10 working days.

I just hope the HO behaves themselves and give me my status, and not put it on hold until they get a decision from the court of appeal.

In fact i pray the court of appeal doesn't grant them the permission to appeal. Zambrano carers need a break

Congratulations!!!!!!!!!!!!!!!!!!!!!! I hope and pray they just listen and obey the rules for once.

HO wants migrants to comply with rules and regulations yet they have A+++++++++(raised to power infinity) in rule breaking and act as if they are above the law.

khairuddin · Post by **khairuddin** » Thu Jun 24, 2021 1:44 pm

Dear Forum Members,

i have just joined this forum .
i have the following query and if anyone can answer would be grateful.
i would like to know if i can apply for EUSS out of country application now that the application is online.

Brief history i was granted an ILR in 2005 and subsequently my ILR was revoked in 2008 for deception and i did not fight the case and i returned home voluntarily buying my own ticket and was barred for 1 year .
I have 2 kids .Son Aged 16 and Daughter Aged 14 who are both British Citizens and hold British Passports.

I want to apply for EUSS with my kids as sponsors.

is that a possibility .

An answer from our esteemed audience of this forum would change my fate.

Thanks in Advance

munirabid · Post by **munirabid** » Thu Jun 24, 2021 2:42 pm

https://curia.europa.eu/juris/document/ ... id=8002238

link above copy in google.

The Supreme Court initially listed the case to be heard in May 2021. However, on 30 December 2021,
an Appeal Tribunal in Northern Ireland made a reference to the Court of Justice of the European Union
in Case C-709/20 Department for Communities Northern Ireland). The questions referred in that case
are essentially asking whether the Northern Ireland version of the amendments held unlawful by the
Court of Appeal in Fratila are contrary to article 18 of the Treaty on the Functioning of the European
Union. Whatever is decided in the Court of Justice case will have to be followed by the Supreme Court
and the parties were agreed that it would be wrong for the Supreme Court to decide Fratila before
knowing the result from the Court of Justice case. Accordingly, the Supreme Court hearing in May
2021 did not go ahead. The Court of Justice held a hearing in its case on 04 May 2021 and the
Advocate General Opinion is expected towards the end of June 2021.

Obie · Post by **Obie** » Thu Jun 24, 2021 3:43 pm

Good judgement.

Nyamebeye · Post by **Nyamebeye** » Thu Jun 24, 2021 3:56 pm

Hi Guys,

Just to let you all know that the zambrano application form is now online. It was added today.
Just search for 'EUSS by post or mail'.
Choose the first one that comes up- click on it and the
Zambrano form is the last one.
They said the application needs to be in by 30th so you can with post or email but the supporting documents needed to be posted.
Hope this helps.

LULUBABY · Post by **LULUBABY** » Thu Jun 24, 2021 4:04 pm

Nyamebeye wrote: ↑
Thu Jun 24, 2021 3:56 pm
Hi Guys,

Just to let you all know that the zambrano application form is now online. It was added today.
Just search for 'EUSS by post or mail'.
Choose the first one that comes up- click on it and the
Zambrano form is the last one.
They said the application needs to be in by 30th so you can with post or email but the supporting documents needed to be posted.
Hope this helps.

Thank you.

Obie · Post by **Obie** » Thu Jun 24, 2021 4:31 pm

Hopeless department, they had to put it 6 days before deadline, just when the draft JR grounds for breach of withdrawal agreement act was been drafted.

Tina87 · Post by **Tina87** » Sat Jun 26, 2021 12:04 am

Nyamebeye wrote: ↑
Thu Jun 24, 2021 3:56 pm
Hi Guys,

Just to let you all know that the zambrano application form is now online. It was added today.
Just search for 'EUSS by post or mail'.
Choose the first one that comes up- click on it and the
Zambrano form is the last one.
They said the application needs to be in by 30th so you can with post or email but the supporting documents needed to be posted.
Hope this helps.

Thanks so much. This people are some how tricky. The issue is,my FM application is still with the HO since january, no responds from them yet. Please can I still apply on this?
Thanks a much help.

snooky · Post by **snooky** » Sat Jun 26, 2021 6:06 am

Tina87 wrote: ↑
Sat Jun 26, 2021 12:04 am

Nyamebeye wrote: ↑
Thu Jun 24, 2021 3:56 pm
Hi Guys,

Just to let you all know that the zambrano application form is now online. It was added today.
Just search for 'EUSS by post or mail'.
Choose the first one that comes up- click on it and the
Zambrano form is the last one.
They said the application needs to be in by 30th so you can with post or email but the supporting documents needed to be posted.
Hope this helps.

Thanks so much. This people are some how tricky. The issue is,my FM application is still with the HO since january, no responds from them yet. Please can I still apply on this?
Thanks a much help.

Yes

The courts clarified that the 2 applications don't vary.

MissKhe · Post by **MissKhe** » Sat Jun 26, 2021 12:51 pm

snooky wrote: ↑
Sat Jun 26, 2021 6:06 am

Tina87 wrote: ↑
Sat Jun 26, 2021 12:04 am

Nyamebeye wrote: ↑
Thu Jun 24, 2021 3:56 pm
Hi Guys,

Just to let you all know that the zambrano application form is now online. It was added today.
Just search for 'EUSS by post or mail'.
Choose the first one that comes up- click on it and the
Zambrano form is the last one.
They said the application needs to be in by 30th so you can with post or email but the supporting documents needed to be posted.
Hope this helps.

Thanks so much. This people are some how tricky. The issue is,my FM application is still with the HO since january, no responds from them yet. Please can I still apply on this?
Thanks a much help.
Yes

The courts clarified that the 2 applications don't vary.

Hi, Snooky, this is what they said to me that I varied my Zambrano euss application by renewing LTR, wht do I do now pls,I wasn't given appeal and it was my second application , I have already requested a new form , my DRC expired Jan 2020

snooky · Post by **snooky** » Sat Jun 26, 2021 4:53 pm

MissKhe wrote: ↑
Sat Jun 26, 2021 12:51 pm

snooky wrote: ↑
Sat Jun 26, 2021 6:06 am

Tina87 wrote: ↑
Sat Jun 26, 2021 12:04 am

Nyamebeye wrote: ↑
Thu Jun 24, 2021 3:56 pm
Hi Guys,

Just to let you all know that the zambrano application form is now online. It was added today.
Just search for 'EUSS by post or mail'.
Choose the first one that comes up- click on it and the
Zambrano form is the last one.
They said the application needs to be in by 30th so you can with post or email but the supporting documents needed to be posted.
Hope this helps.

Thanks so much. This people are some how tricky. The issue is,my FM application is still with the HO since january, no responds from them yet. Please can I still apply on this?
Thanks a much help.
Yes

The courts clarified that the 2 applications don't vary.
Hi, Snooky, this is what they said to me that I varied my Zambrano euss application by renewing LTR, wht do I do now pls,I wasn't given appeal and it was my second application , I have already requested a new form , my DRC expired Jan 2020

That was then, now it wouldn't vary. Since 9th June 2021 this guidance rule does not work and unlawful.

snooky · Post by **snooky** » Sat Jun 26, 2021 5:05 pm

@LTR based on your spouse and there's a British minor child, the HO has said those applications that were not done on the basis of the Appendix FM child would be refused.

According to the HO the only applications which could go through is the Appendix FM granted because of the child especially those granted under Appendix FM EX1 (26AD)

If you are refused Zambrano EUSS in any category, please take advantage of the appeal right given because whatever HO says with their guidance is totally false and unlawful

Darasimidd · Post by **Darasimidd** » Sat Jun 26, 2021 5:19 pm

I was refused Zambrano application around April this year because my ltr expires next year. I have re applied and they ve received my new Zambrano application yesterday. Fingers crossed

snooky · Post by **snooky** » Sat Jun 26, 2021 6:16 pm

Darasimidd wrote: ↑
Sat Jun 26, 2021 5:19 pm
I was refused Zambrano application around April this year because my ltr expires next year. I have re applied and they ve received my new Zambrano application yesterday. Fingers crossed

The past is past now is now

HO can't refuse your application as far as you meet the conditions in Regulations 16

Sebel · Post by **Sebel** » Sat Jun 26, 2021 7:17 pm

snooky wrote: ↑
Sat Jun 26, 2021 6:16 pm

Darasimidd wrote: ↑
Sat Jun 26, 2021 5:19 pm
I was refused Zambrano application around April this year because my ltr expires next year. I have re applied and they ve received my new Zambrano application yesterday. Fingers crossed
The past is past now is now

HO can't refuse your application as far as you meet the conditions in Regulations 16

Please snooky is there any additional material we have to add onthe form or is just straight forward application as before. That is do we need to quotes akinsanya on the application form? Thanks.

snooky · Post by **snooky** » Sun Jun 27, 2021 6:41 am

: Screenshot_20210627-072917_Word.jpg (341.99 KiB) Viewed 1537 times

: Screenshot_20210627-072917_Word.jpg (341.99 KiB) Viewed 1537 times

Sebel wrote: ↑
Sat Jun 26, 2021 7:17 pm

snooky wrote: ↑
Sat Jun 26, 2021 6:16 pm

Darasimidd wrote: ↑
Sat Jun 26, 2021 5:19 pm
I was refused Zambrano application around April this year because my ltr expires next year. I have re applied and they ve received my new Zambrano application yesterday. Fingers crossed
The past is past now is now

HO can't refuse your application as far as you meet the conditions in Regulations 16
Please snooky is there any additional material we have to add onthe form or is just straight forward application as before. That is do we need to quotes akinsanya on the application form? Thanks.

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