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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

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

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

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

Post by marcidevpal » Wed Dec 28, 2022 8:45 pm

Your Appeal Bundle

Submit at the very least three separate documents -
  • A witness statement dated DD/MM/YYYY
  • A skeleton argument dated DD/MM/YYYY
  • The decision letter dated DD/MM/YYYY
  • Optional: any other documents in support of your appeal

A witness statement must be signed and dated by you. You have to say you prepared it and understand the repercussions of making a false statement.

You can rely on the witness statement you gave when you completed the online form if you want to but you have the option of creating a (better) one and sending it to the court and to the home office.

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

Post by marcidevpal » Wed Dec 28, 2022 8:57 pm

Wishfulgirl wrote:
Wed Dec 28, 2022 8:07 pm
I really feel this appeal is gonna be dismissed because now I am definitely unsure what I am doing...I do really need the help as I am running out of time & would be devastated if the appeal is dismissed because I failed to provide the relevant information to the courts and the home office.
To be clear, you should really prepare yourself for the possibility that the First-tier Tribunal judge will say no. Even if you win at the First-tier Tribunal, the Home Office will probably appeal to the Upper Tribunal and you could easily lose at the Upper Tribunal. The goal should be to go to the European Court of Human Rights or the European Court of Justice, or to file a judicial review against provision 15(2) of the 2016 EEA Regulations.

Right now the judges are only willing to consider two grounds for Zambrano carers.

The first ground relies on whether you are covered by the Withdrawal Agreement. The judges generally do not believe Zambrano carers are covered by the Withdrawal Agreement.

Ground two relies on whether a mistake was made on the immigration rules (Appendix EU). The immigration rules clearly say that a Zambrano carer with leave to remain under Appendix FM at the time they applied, are not eligible.

If you raise Article 8 as a ground, the judge will say that the statutory instrument they use to decide the EUSS appeals does not "allow" them to consider your human rights.

Do you understand these points? It is really important that you take the time to understand where the Court stands. Just read it again slowly, taking your time, until it makes sense, or perhaps ask for help?

There are some basic points you have to understand to file an appeal.

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

Post by marcidevpal » Wed Dec 28, 2022 9:07 pm

UK Judges

UK judges use statutory instruments as a guide. They don't just make decisions based on their gut feeling or because they feel sorry for people. Statutory instruments are supposed to represent an extension of the will of Parliament. Statutory instruments are not primary legislation, but they are created based on primary legislation. So, even if you "get lucky" and a First-tier tribunal judge finds in your favour, the Home Office will simply appeal and the Upper Tribunal judge will reverse the win. There is only so much a judge can do. And when there are cases like Celik and Batool, it means the judges have even less 'wiggle' room. So, either someone challenges the statutory instruments, or you appeal until you get out of the UK court system into another system where the judges are more free. That's just my opinion, of course.

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

Post by marcidevpal » Wed Dec 28, 2022 9:51 pm

Regarding using random quotes in your appeal

Imagine a mountain with people at the foot of the mountain. Each person asks you, "How will I get over the mountain?" One person has a bad knee, another has a baby, and yet another has a motorcycle. Your answer to each person will differ based on their situation. You will have to create a strategy for each person. Some of the tools they use will overlap, but each person still has to have their own complete strategy. It is the same for Zambrano carers.

The first thing to do is to choose a structure. I provided an example structure earlier. It had, [A] Case Summary, Issues, Submissions, etc. Then, fill in each section with your best and most relevant arguments in your own words. Then, add examples such as case studies or snippets of the laws to support your arguments.

The Home Office knew Zambrano carers would appeal their EUSS refusals, because Zambrano carers appeal their derivative rights refusals. What they probably did not anticipate, is the E.K. v Netherlands case. And they almost certainly did not expect the President, Vice-President and others to be part of the E.K. decision. So, use the E.K. case to your advantage. If you achieved five years' residence as a Zambrano carer prior to 31 December 2020 say so in your skeleton argument and argue for residence on that basis. Remember, unless you make the argument, the judge is not going to make it for you.

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

Post by marcidevpal » Thu Dec 29, 2022 8:41 am

EU SETTLEMENT SCHEME DECLARED UNLAWFUL!

The IMA or Independent Monitoring Authority sued the Home Office via judicial review. The IMA is a statutory body set up to protect EU citizens’ rights in the UK.

Under the Home Office rules, if any of those with “pre-settled status” did not apply to upgrade their status to “settled status” after being in the country for five years they would automatically lose their rights to reside, work, rent property or access services including the NHS. They were also liable to deportation.

President Justice Lane described the rule as “wrong in law and that the EU settlement scheme is accordingly unlawful” as it “purports to abrogate the right of permanent residence”.

The withdrawal agreement “precluded” the Home Office from imposing a requirement for further leave to be in the country as a “condition for retaining such rights”.

A quote from the IMA chief executive, Kathryn Chamberlain,
“When we brought this judicial review, our intention was to provide clarity for citizens with pre-settled status, of which there were over 2.4 million when we filed this case in December 2021. This judgment that the current system is unlawful provides that clarity,” she added.
A quote from campaign group the3million
“We are pleased that the judge agrees with the3million that the point of the EU settlement scheme is to create a clear distinction between those who are beneficiaries of the withdrawal agreement and those who are not. Once a beneficiary, people cannot lose their rights just by forgetting to make a second UK immigration application – the withdrawal agreement does not allow it.”
---------

How this ruling relates to Zambrano carers

The Withdrawal Agreement requires UK judges to take into account relevant case law passed after Brexit. The case of E.K. versus the Netherlands passed after Brexit. In E.K. versus the Netherlands, the President of the CJEU said Zambrano carers should get permanent residence after five years.

The Withdrawal Agreement also says that rights obtained prior to Brexit remain after Brexit. Zambrano carers who obtained the right to permanent residence before Brexit should be granted permanent residence when they apply under the EU Settlement Scheme.

UK barristers should ideally file a judicial review before the court to declare the 2016 EEA Regulations (a statutory instrument) unlawful due to provision 15(2) which says derivative card holders can not obtain permanent residence.

UK barristers should ideally also file a judicial review to declare the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 unlawful due section 8 grounds which exclude human rights.

https://www.legislation.gov.uk/uksi/202 ... ion/8/made

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

Post by marcidevpal » Thu Dec 29, 2022 8:53 am

MAKE A COMPLAINT

https://ima-citizensrights.org.uk

The Independent Monitoring Authority for the Citizens’ Rights Agreements protects the rights of people covered by the Withdrawal Agreement. Zambrano carers who achieved five years residence in the UK prior to 31 December 2020 are, arguably, covered by the Withdrawal Agreement because of the E.K. v Netherlands case.

QUOTES FROM THEIR WEBSITE
We protect the rights of EU and EEA EFTA citizens, and their family members, in the UK and Gibraltar. We do this by monitoring UK public bodies to make sure they implement the rights of these citizens and by identifying any underlying issues. We are independent of government and are professional and impartial in our work.
Our duties are to monitor and promote the rights of EU and EEA EFTA citizens. This includes legal proceedings and inquiries as well as engaging with public bodies, reviewing legislation, gathering information, issuing surveys and reporting our data.
The complaints submitted to us help build a picture of where there are common, wide-reaching, or systemic issues with how UK public bodies are implementing the Withdrawal Agreement(s) for EU and EEA EFTA citizens’ rights.
EU and EEA EFTA citizens, and their family members, have a right to be treated fairly in the UK and Gibraltar. If you have not been treated fairly, tell us about it. We need to know where things are not working so that we can take action to fix things. That is why it is vital that we hear from you. The IMA does not directly resolve individual complaints and does not replace existing complaints processes that involve individual decisions. We look for issues that affect many people.

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

Post by marcidevpal » Thu Dec 29, 2022 11:34 am

Article 20 TFEU

Mr Zambrano obtained residence under Article 20 TFEU.
42. Article 20 TFEU precludes national measures which have the effect of depriving citizens of the Union of the genuine enjoyment of the substance of the rights conferred by virtue of their status as citizens of the Union.

45. Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children.
Ms E.K. is a Ghanaian national with a right of residence in the Netherlands under Article 20 TFEU.
21. The concept of residence ‘solely on temporary grounds’...is an autonomous concept of EU law, which must be interpreted uniformly throughout the Member States.

56. The concept of residence ‘solely on temporary grounds’, which is referred to therein, does not cover the residence of a third-country national under Article 20 TFEU within the territory of the Member State of which the Union citizen concerned is a national.
QUESTIONS TO CONSIDER
  • Is Article 20 TFEU part of the Withdrawal Agreement?
  • Can rights acquired under Article 20 TFEU prior to 31 December 2020 end after this date?

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

Post by marcidevpal » Thu Dec 29, 2022 12:06 pm

NO "OFFICIAL" GROUNDS

I think both grounds of appeal are founded on provisions that are unlawful.

You only have 2 "official" grounds to appeal your EUSS decision. Either the refusal goes against the Withdrawal Agreement or it goes against the Immigration Rules.

The Hon. Mr Justice Lane said this month that the Immigration Rules are unlawful as written because they attempt to take away rights that were granted before Brexit. I would argue that the Withdrawal Agreement is unlawful as written, too, because it takes away right to permanent residence of Zambrano carers who achieved five years' residence in the UK prior to 31 December 2020.

Before the E.K. case, the Withdrawal Agreement was something that had 'simply left out UK based Zambrano carers'. Since the E.K. case, the Withdrawal Agreement has become a tool that has ended the acquired right to permanent residence.

I do not believe the EU or most Members of Parliament wanted to take away the acquired rights of any group lawfully established in the UK. I do believe Teresa May and Boris Johnson's government did. Anyway, UK barristers need to challenge the WA in light of the E.K. case.

The Home Office will probably say the case only relates to the 2003 Directive, and the UK has opted out of the 2003 Directive and so is not bound by any rulings. But the judges in the E.K. case said that their decision applied across 'all member states', not just member states who signed up to the 2003 Directive.

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

Post by marcidevpal » Thu Dec 29, 2022 4:05 pm

SSHD v Giraldo

https://tribunalsdecisions.service.gov. ... 01800-2021

Before
UPPER TRIBUNAL JUDGE GLEESON
DEPUTY UPPER TRIBUNAL JUDGE CHANA
Date: 2 November 2022
  • Gerald applied for a permanent right of residence under the EU Settlement Scheme (EUSS) application, with reference to Appendix EU.
  • At the date of application, she was on the path to settlement under Appendix FM (private and family life) with leave granted on 12 March 2015 and extended to 29 May 2020.
  • On 6 March 2020, the claimant applied for further leave, but under Appendix EU as a Zambrano carer
  • First-tier Judge Norris found that the claimant had demonstrated that she could meet the requirements of Regulation 16(5).
This case suggests that as long as a Zambrano carer meets the definition of the EEA regulations, they should be granted settlement under the EU Settlement Scheme Rules. I am so looking forward to the next decision by the Upper Tribunal!!!! Based on this decision, any recognized Zambrano carer (based on the definitions under the EEA Regulations) will be granted settlement if they achieve 5 years' residence.

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

Post by marcidevpal » Thu Dec 29, 2022 5:02 pm

Giraldo (December 2022) and Olusori (October 2022)

https://tribunalsdecisions.service.gov. ... 00190-2021

Both Mrs Giraldo and Mr Olusori are Zambrano carers. Both applied for leave to remain under Appendix FM and then applied for settlement under Appendix EU or the EU Settlement Scheme.

Ms Giraldo's appeal was successful at both the First-tier Tribunal and the Upper Tribunal. Mr Olusori's appeal was successful at the First-tier Tribunal but failed at the Upper Tribunal.

Here is what Judges Bruce and Sills say in Mr Olusori's case:
9. So, while the provisions of the Appendix EU are not consistent with the EEA Regs, they do not breach any principles of the Zambrano jurisprudence. R has subsequently confirmed that the provisions of Appendix EU will not be amended.
10. What this means for A is that he cannot show that the decision to refuse his application under the Appendix EU breaches those Immigration Rules or the terms of the Withdrawal Agreement. It follows that the Judge erred in law in finding otherwise. We set aside the Judge’s decision. We remake that decision and dismiss A’s appeal.
11. As we raised at the hearing, it will now be for A to consider making an application for leave to remain on the basis of his family life with his daughter under the Immigration Rules and Appendix FM in particular, as he has done successfully before.
Many Zambrano carers who appealed this year lost. I am happy for Ms Giraldo but what does her win mean for the Zambrano carers who lost, and for the Zambrano carers who are awaiting a decision?

How is it fair for two people with the same situation to have two totally different outcomes under the law?

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

Post by marcidevpal » Thu Dec 29, 2022 10:00 pm

Giraldo Continued

https://www.gov.uk/guidance/immigration ... ppendix-eu

Ms Giraldo had leave under Appendix FM (private and family life) from 12 March 2015 and to 29 May 2020.

On 6 March 2020, she applied for a permanent right of residence under the EU Settlement Scheme. The judge accepts that because she allowed her leave under Appendix FM to lapse, she became a Zambrano carer under the EEA Regulations.
17. Mr Walker (Home Office Presenting Officer) accepted at the hearing that, applying Akinsanya, the First-tier Tribunal Judge did not err in allowing the appeal, as at the date of decision, the claimant did not have indefinite leave to remain and was a Zambrano carer. If the claimant were removed, her daughter would be unable to remain in the UK without her.
Further points

1.) The judge seems to have ignored the definition of 'Zambrano carer' in Annex 1 of Appendix EU.

2.) The Home Office accepted their definition of a Zambrano carer based on the EEA Regulations is the valid definition.

3.) Any Zambrano carer who either did not have leave to remain under Appendix FM at the date of application, or allowed their leave to remain under Appendix FM to end and not renew it at the date they applied, should qualify for permanent residence under EUSS.

Potential implications

1.) Many Zambrano carers would have not renewed their Appendix FM applications if they had known they just had to let it end before they applied under EUSS.

2.) It is not clear if this decision is a one-off, or if it represents the Court's position on Zambrano carers.

Further questions

1.) Why did the Courts take so many years to clarify which definition of a Zambrano carer really counts, Annex 1 of Appendix EU or the 2016 EEA Regulations?

2.) When will we know if this decision represents the accepted approach?

3.) What remedies will be made available to Zambrano carers who lost their appeals due to the wrong approach being applied, or who are now stuck under Appendix FM because they were not provided with timely and accurate information?

4.) Are we entering a new phase of 'lucky' Zambrano carers? Where some Zambrano carers are successful, while others who share the same characteristics, are denied? We saw this previously where the Home Office accepted some applications by people who held leave to remain under Appendix FM and rejected others (based on testimonies on this thread).

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

Post by Wishfulgirl » Fri Dec 30, 2022 11:41 am

marcidevpal wrote:
Wed Dec 28, 2022 7:33 pm
Akinsaya - Court of Appeal

The court of appeal said that the EEA Regulations say that a Zambrano carer who was then granted leave to remain under Appendix FM, is still a Zambrano carer under the EEA Regulations.

The Home Office created their own definition of a Zambrano carer in Annex 1 of Appendix EU of the EU Settlement Scheme.

The definition of a Zambrano carer under the EEA Regulations doesn't matter in the same way anymore because the UK left the EU. The definition that matters is the definition in Annex 1 of Appendix EU.

The definition in Annex 1 of Appendix EU says that if you had leave to remain under Appendix FM, that you are NOT eligible.

The Court of Appeal does not tell the Home Office how to define a Zambrano carer under Annex 1 of Appendix EU. The Court of Appeal says, if you use the definition of a Zambrano carer as per the EEA Regulations, then Ms Akinsaya should get permanent residence.

In June 2020, the Home Office said they do not want to use the EEA Regulations to define a Zambrano carer. They wanted to create their own definition.

One of the available grounds of appeal is to say that their decision is 'not in accordance with' the Immigration Rules (Appendix EU). Their decision is in accordance with the Immigration Rules, because the rules say you can not have leave to remain under Appendix FM.
Wishfulgirl wrote:
Wed Dec 28, 2022 7:08 pm
Does that make sense? It is a really important point you should take time to understand. There are 2 definitions of a Zambrano carer.
Hi , yes this makes sense… I have read your responses & believe I understand a bit more. In my witness statement. Is this just a letter or will it be a drafted word document similar to that of the skeleton argument?


So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“

Regarding the Zambrano carer side of things, “I am of the view I have spent 5 years as a Zambrano carer to my British children. My first British born child was born on may 2014. From the date of his birth; may 2014-may 2019 I have accumulated 5 years as a Zambrano carer this is before any leave was granted under under domestic law. I do not believe a grant of leave under domestic issued on October 2019 should strip me of my right to receive settlement under the EU scheme. The evidence I have provided shows I have already accumulated the years required to be granted settlement under the EU scheme.

I know it doesn’t sound professional what I written, However this is the argument I want to put across in a professional manner. This is what I want to use to argue my case so the judge can understand. I don’t have much confidence though.

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

Post by marcidevpal » Fri Dec 30, 2022 2:03 pm

You can start by copying your previous witness statement from your online application. Paste it into a word document.

Put similar sentences together and number each paragraph. Then, read your skeleton argument. What are all of the arguments you made? Are all of your arguments backed up by your witness statement?

You go back and forth between your witness statement and skeleton argument. The two documents are like two sides of a coin.

Think of a witness statement as things you may or may not be able to prove, but are true and crucial to your argument. Your witness statement answers the question, "What happened to you?"

Your appellant's skeleton argument (ASA) = arguments. So for example, your witness statement can say, I became a family member of an EEA national in 2014. Your skeleton argument could then say, "The appellant contends she is entitled to permanent residence as the family member of an EEA national."

So, a witness statement says, "This is who I am". The skeleton argument says, "This is what I deserve based on case law, the regulations, my witness statement, etc".

So take this paragraph you wrote:
So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“
Your witness statement would say, "I arrived in the UK in January 2011 on a visitor's visa. I was granted a residence card as the family member of an EEA national in 2011. In 2015, my sponsor died."

Your skeleton argument would say, "The appellant contends she remains a family member of an EEA national despite the death of her sponsor in 2015. Provision "X" of the EEA Regulations states, "insert legal text here."

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

Post by marcidevpal » Fri Dec 30, 2022 2:11 pm

Appeal Number: 123456789
IN THE FIRST TIER TRIBUNAL AT

BETWEEN:
MRS ALIYAH JOHNSON
Appellant

-and-

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent


________________________________________________
Witness Statement of Mrs Aliyah Johnson
On behalf of the Appellant
_______________________________________________


1. I, Aliyah Johnson, of Flat 2B of Buckingham Palace, London SW1 3WE make this statement and will say :

2. I entered the UK on a "visa". I became the family member of an EEA national in 2011.

3. I gave birth to my British child was born on may 2014. I became a Zambrano carer on this date. I did not have any other leave to remain in the UK. In May 2019, I accumulated 5 years as a Zambrano carer. I am the sole/joint carer of my child.

4. I suffer from mental health issues due to...

5. I am a benefit to UK society because ....

6. I have not been accused or convicted of any criminal offenses in the UK...


Statement of truth

"I believe that the facts stated in this in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”



Aliyah Johnson (remember to sign and date the witness statement)
Appellant
5 January 2023

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

Post by marcidevpal » Fri Dec 30, 2022 2:19 pm

marcidevpal wrote:
Tue Nov 08, 2022 1:03 pm
https://www.justice.gov.uk/courts/proce ... statements

Witness statements must:

Start with the name of the case and the claim number;

State the full name and address of the witness;

Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

End with this paragraph: 'I believe that the facts stated in this witness statement are true.' and
be signed by the witness and dated.

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

Post by marcidevpal » Fri Dec 30, 2022 2:58 pm

Another example

NOTE: Please do not copy and paste this example. Just use it as an example.

IN THE FIRST-TIER TRIBUNAL (IMMIGRATION & ASYLUM CHAMBER)


BETWEEN:
EA/XXXXX/202X


JANE DOE
Appellant


and


THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Respondent

--------------------------------------------------------------
APPELLANT’S SKELETON ARGUMENT “ASA”
--------------------------------------------------------------
This skeleton argument relates to the appellant’s appeal against the respondent’s refusal of an application under the European Union Settlement Scheme (Appendix EU) dated DD MM YYYY.

In this ASA, references will be made to “RL” which is the refusal letter, “WS” are the appellant’s witness statements, “AB” is the appellant’s bundle, and the “RB” refers to the respondent’s bundle.


[A] CASE SUMMARY

1. The appellant came to the UK as a family member of an EEA national in 2010. At this time, her mother was the civil partner of an Irish national. The respondent granted the appellant a 5 year residency permit in 2011. The EEA national died in 2015. The 5 year EEA residency permit was not renewed nor did the appellant apply for permanent residence.

2. In 2014, the appellant had her first British child with my ex partner. In 2015, the appellant gave birth to her second British child. In 2018, she gave birth to her third British child. A victim of domestic violence, the appellant split from her ex partner in 2018.

3. In October 2019, the appellant applied for EU settlement It was rejected in august 2022Social services instructed the appellant to apply for leave to remain under Appendix FM despite her reservations and desire to apply for a derivative residence card as a Zambrano carer. The respondent granted the appellant further leave to remain which expired in April 2022. The respondent refused the appellant's application under Appendix EU in August 2021.

[] RESPONDENT'S CASE

1. The respondent's refusal letter says .....

[C] ISSUES TO BE DETERMINED

1. Is the appellant entitled to permanent residence as the family member of an EEA national?

2. Is the appellant entitled to permanent residence as the sole carer of three British children?

[D] LEGAL FRAMEWORK

1. The Immigration (European Economic Area) Regulations 2016

https://www.legislation.gov.uk/uksi/201 ... egulation/

“Family member”

7.—(1) In these Regulations, “family member” means, in relation to a person (“A”)—

(a)A's spouse or civil partner;

(b)A's direct descendants, or the direct descendants of A's spouse or civil partner who are either—

(i)aged under 21; or

(ii)dependants of A, or of A's spouse or civil partner;

(c)dependent direct relatives in A's ascending line, or in that of A's spouse or civil partner.

(3) A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—

(a)B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5); and

c)dependent direct relatives in A's ascending line, or in that of A's spouse or civil partner.

“Family member who has retained the right of residence”

“Family member who has retained the right of residence”

10.—(1) In these Regulations, “family member who has retained the right of residence” means, subject to paragraphs (8) and (9), a person who satisfies a condition in paragraph (2), (3), (4) or (5).

(2) The condition in this paragraph is that the person—

(a)was a family member of a qualified person or of an EEA national with a right of permanent residence when the qualified person or the EEA national with the right of permanent residence died;

(b)resided in the United Kingdom in accordance with these Regulations for at least the year immediately before the death of the qualified person or the EEA national with a right of permanent residence; and

(c)satisfies the condition in paragraph (6).

(3) The condition in this paragraph is that the person—

(a)is the direct descendant of—

(i)a qualified person or an EEA national with a right of permanent residence who has died;

(ii)a person who ceased to be a qualified person on ceasing to reside in the United Kingdom;

(iii)the spouse or civil partner of the qualified person or EEA national described in sub-paragraph (i) immediately preceding that qualified person or EEA national's death; or

(iv)the spouse or civil partner of the person described in sub-paragraph (ii); and

(b)was attending an educational course in the United Kingdom immediately before the qualified person or the EEA national with a right of permanent residence died, or ceased to be a qualified person, and continues to attend such a course.

(4) The condition in this paragraph is that the person is the parent with actual custody of a child who satisfies the condition in paragraph (3).

(5) The condition in this paragraph is that the person (“A”)—

(a)ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A;

(b)was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

(c)satisfies the condition in paragraph (6); and

(d)either—

(i)prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

(ii)the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has custody of a child of that qualified person or EEA national;

(iii)the former spouse or civil partner of the qualified person or the EEA national with a right of permanent residence has the right of access to a child of that qualified person or EEA national, where the child is under the age of 18 and where a court has ordered that such access must take place in the United Kingdom; or

(iv)the continued right of residence in the United Kingdom of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence whilst the marriage or civil partnership was subsisting.

(6) The condition in this paragraph is that the person—

(a)is not an EEA national but would, if the person were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or

(b)is the family member of a person who falls within paragraph (a).

(7) In this regulation, “educational course” means a course within the scope of Article 10 of Council Regulation (EU) No. 492/2011 F1.

(8) A person (“P”) does not satisfy a condition in paragraph (2), (3), (4) or (5) if, at the first time P would otherwise have satisfied the relevant condition, P had a right of permanent residence under regulation 15.

(9) A family member who has retained the right of residence ceases to enjoy that status on acquiring a right of permanent residence under regulation 15.


Right of permanent residence

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—

(b)a family member of an EEA national who is not an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

(3) The right of permanent residence under this regulation is lost through absence from the United Kingdom for a period exceeding two years.

2. The Withdrawal Agreement

https://assets.publishing.service.gov.u ... munity.pdf

ARTICLE 10 Personal scope
2. Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2) of that Directive shall retain their right of residence in the host State in accordance with this Part, provided that they continue to reside in the host State thereafter.

3. Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being facilitated by the host State in accordance with its national legislation thereafter.

5. In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.

ARTICLE 11 Continuity of residence
Continuity of residence for the purposes of Articles 9 and 10 shall not be affected by absences as referred to in Article 15(2).
The right of permanent residence acquired under Directive 2004/38/EC before the end of the transition period shall not be treated as lost through absence from the host State for a period specified in Article 15(3).

ARTICLE 13 Residence rights
3. Family members who are neither Union citizens nor United Kingdom nationals shall have the right to reside in the host State under Article 21 TFEU and as set out in Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14, Article 16(2), Article 17(3) or (4) or Article 18 of Directive 2004/38/EC, subject to the limitations and conditions set out in those provisions.
4. The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.

ARTICLE 15 Right of permanent residence
1. Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the host State in accordance with Union law for a continuous period of
5 years or for the period specified in Article 17 of Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles 16, 17 and 18 of Directive 2004/38/EC. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.
3. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding 5 consecutive years.

ARTICLE 16 Accumulation of periods
Union citizens and United Kingdom nationals, and their respective family members, who before the end of the transition period resided legally in the host State in accordance with the conditions of Article 7 of Directive 2004/38/EC for a period of less than 5 years, shall have the right to acquire the right to reside permanently under the conditions set out in Article 15 of this Agreement once they have completed the necessary periods of residence. Periods of legal residence or work in accordance with Union law before and after the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the right of permanent residence.

ARTICLE 17 Status and changes
1. The right of Union citizens and United Kingdom nationals, and their respective family members, to rely directly on this Part shall not be affected when they change status, for example between student, worker, self-employed person and economically inactive person. Persons who, at the end of the transition period, enjoy a right of residence in their capacity as family members of Union citizens or United Kingdom nationals, cannot become persons referred to in points (a) to (d) of Article 10(1).

ARTICLE 18 Issuance of residence documents
1. The host State may require Union citizens or United Kingdom nationals, their respective family members and other persons, who reside in its territory in accordance with the conditions set out in this Title, to apply for a new residence status which confers the rights under this Title and a document evidencing such status which may be in a digital form.
Applying for such a residence status shall be subject to the following conditions:
(o) the competent authorities of the host State shall help the applicants to prove their eligibility and to avoid any errors or omissions in their applications; they shall give the applicants the opportunity to furnish supplementary evidence and to correct any deficiencies, errors or omissions;
(r) the applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State against any decision refusing to grant the residence status. The redress procedures shall allow for an examination of the legality of the decision, as well as of the facts and circumstances on which the proposed decision is based. Such redress procedures shall ensure that the decision is not disproportionate.

3. UK Human Rights Act 1998

1. Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation

2. A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any—

(a)judgment, decision, declaration or advisory opinion of the European Court of Human Rights, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.

[E] SUBMISSIONS

1. The appellant contends she is a family member who has retained the right of residence. She became eligible for permanent residence in 2016. Per the terms of the Withdrawal Agreement, she retains this right. The respondent failed to help the appellant prove her eligibility for permanent residence. The appellant is eligible for residence based on five years residence in the UK.

2. The appellant contends she is a Zambrano carer based on the 2016 EEA Regulations. In Akinsaya v SSHD, the Court of Appeal ruled a Zambrano carer can hold leave to remain under Appendix FM and still be a Zambrano carer. In Giraldo v SSHD, the Upper Tribunal ruled Zambrano carers who met the definition as per the EEA Regulations, are entitled to permanent residence after five years under Appendix EU. The appellant is entitled to permanent residence based on five years residence in the UK.

3. The appellant contends her Article 8 human rights have been violated by the respondent's refusal to grant her permanent residence. In the following cases, the European Court of Human Rights found that the state's rejection of the application for a residence permit resulted in an infringement of the applicants’ right to respect for their family life, guaranteed by Article 8 of the European Convention on Human Rights -

ECtHR - Boughanemi v. France, Application no. 22070/93
ECtHR - Gül v. Switzerland, Application no. 23218/94
ECtHR - X., Y. and Z. v. United Kingdom, no. 21830/93
ECtHR - Mehemi v. France, no. 53470/99
ECtHR- Berrehab v. the Netherlands, Application no. 10730/84
United Kingdom - McMichael v The United Kingdom, Series A No 207-B(1995) 20 EHRR 205
ECtHR - Ahmut v. the Netherlands, Application 21702/93, 28 November 1996
ECtHR - Johansen v Norway, Application No. 17383/90
ECtHR - Abdulaziz, Cabales and Balkandali v. the United Kingdom, Application Nos. 9214/80, 9473/81 and 9474/81

ESSENTIAL READING

1. Witness statement dated 1 January 2023
2. Appellant's skeleton argument dated 1 January 2023
3. Respondent's refusal letter dated 1 June 2022

The court is invited to allow the appeal.
05 January 2023

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

Post by marcidevpal » Fri Dec 30, 2022 7:06 pm

Wishfulgirl wrote:
Fri Dec 30, 2022 11:41 am

So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“
In reading your post again, it seems you did not take steps to be recognised by the Home Office as the family member or extended family member of an EEA national. It also seems you did not apply for a Zambrano residence card.

Were you legal when Social Services helped you apply for leave to remain under Appendix FM? Had you been living in the UK illegally from 2011 until the time you had your first child?

I think you are saying you never applied for a residence card? I really encourage you to provide your full immigration history in your witness statement and again in your case summary, although in abbreviated form. For example, the appellant entered the UK in Month Year on a [insert] visa.

I would say you should just be honest and say what your status was from the time you entered until today, in your witness statement and skeleton argument, but really I am just guessing. You may want to not raise the family member of an EEA national. Other people on this forum may have a better idea.

Also, based on my reading (which could be wrong), it seems your mother had to be more than a person in a relationship, according to the EEA Regulations.

Here are the 2012 EEA regulations - https://www.legislation.gov.uk/uksi/2012/1547/made

And the 2006 EEA regulations - https://www.legislation.gov.uk/uksi/200 ... ion/7/made

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

Post by marcidevpal » Fri Dec 30, 2022 7:46 pm

Regarding the Zambrano carer side of things, “I am of the view I have spent 5 years as a Zambrano carer to my British children. My first British born child was born on may 2014. From the date of his birth; may 2014-may 2019 I have accumulated 5 years as a Zambrano carer this is before any leave was granted under under domestic law. I do not believe a grant of leave under domestic issued on October 2019 should strip me of my right to receive settlement under the EU scheme. The evidence I have provided shows I have already accumulated the years required to be granted settlement under the EU scheme.
Questions you may want to answer:

1.) What was your immigration status on May 2014?
2.) Why were you a Zambrano carer? Why could you not leave the country and allow your son to be raised by his father?

Example paragraph for witness statement.

(This example is not to be copied and pasted. It is just to give you an idea of what I mean)

I entered the country in January 2011 on a 3 month visitor's visa. I overstayed my visa and remained continuously in the UK. In May 2014, I gave birth to my son. His father is British. At the time of my son's birth, his father and I lived separately. I looked after our son full time. My mother and his son provided financial support. In May 2016, I applied for leave to remain under Appendix FM, at the recommendation of my local Social Services in Birmingham. In November 2019, my leave expired.

Example paragraph for appellant's skeleton argument.

(This example is not to be copied and pasted. It is just to give you an idea of what I mean)

The appellant contends she is entitled to permanent residence under the EU Settlement Scheme. In January 2022, the Court of Appeal ruled a Zambrano carer could have leave to remain under Appendix FM and still be a Zambrano carer under the EEA regulations. In September 2022, the European Court of Justice noted that Zambrano carers who achieved five years residence are not temporary residents and are eligible for permanent residence. In December 2022, the Upper Tribunal ruled in Giraldo v SSHD, that the correct definition of a Zambrano carer for the purposes of determining if an applicant should qualify for residence is the definition provided by the EEA Regualations. Mr Walker, Presenting Officer for the Home Office, agreed.

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

Post by Wishfulgirl » Sat Dec 31, 2022 2:02 pm

marcidevpal wrote:
Fri Dec 30, 2022 7:06 pm
Wishfulgirl wrote:
Fri Dec 30, 2022 11:41 am

So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“
In reading your post again, it seems you did not take steps to be recognised by the Home Office as the family member or extended family member of an EEA national. It also seems you did not apply for a Zambrano residence card.

Were you legal when Social Services helped you apply for leave to remain under Appendix FM? Had you been living in the UK illegally from 2011 until the time you had your first child?

I think you are saying you never applied for a residence card? I really encourage you to provide your full immigration history in your witness statement and again in your case summary, although in abbreviated form. For example, the appellant entered the UK in Month Year on a [insert] visa.

I would say you should just be honest and say what your status was from the time you entered until today, in your witness statement and skeleton argument, but really I am just guessing. You may want to not raise the family member of an EEA national. Other people on this forum may have a better idea.

Also, based on my reading (which could be wrong), it seems your mother had to be more than a person in a relationship, according to the EEA Regulations.

Here are the 2012 EEA regulations - https://www.legislation.gov.uk/uksi/2012/1547/made

And the 2006 EEA regulations - https://www.legislation.gov.uk/uksi/200 ... ion/7/made
Hi thanks again for your reply.

I entered the uk on November 2010 with a 6 months as a family member to join the EEA national My mothers partner. Once we arrived, my mother applied for our EEA family permit. This was granted on July 2011 and expired on July 2016. At the time of my first British child’s birth, I held the EEA family permit as the family member of an EEA national. I did not apply for the Zambrano residency permit, however I feel I as I cared for my British child I may be entitled to this ( Not sure) when I was granted leave to remain in October 2019, I had no legal status because the EEA family permitted had expired in 2016. Due to abuse I experienced by my ex partner during that course I was led to believe, there was no way of ever obtaining legal status after the EEA national died in October 2015 and the EEA family permit was set to expire in July 2016. So I believed him, My ex partner controlled every aspect of my life so I was left relying on him all the way up until 2018 when social service got involved where we were relocated and provided assistance.

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

Post by LULUBABY » Sat Dec 31, 2022 5:35 pm

Wishfulgirl wrote:
Fri Dec 30, 2022 11:41 am
marcidevpal wrote:
Wed Dec 28, 2022 7:33 pm
Akinsaya - Court of Appeal

The court of appeal said that the EEA Regulations say that a Zambrano carer who was then granted leave to remain under Appendix FM, is still a Zambrano carer under the EEA Regulations.

The Home Office created their own definition of a Zambrano carer in Annex 1 of Appendix EU of the EU Settlement Scheme.

The definition of a Zambrano carer under the EEA Regulations doesn't matter in the same way anymore because the UK left the EU. The definition that matters is the definition in Annex 1 of Appendix EU.

The definition in Annex 1 of Appendix EU says that if you had leave to remain under Appendix FM, that you are NOT eligible.

The Court of Appeal does not tell the Home Office how to define a Zambrano carer under Annex 1 of Appendix EU. The Court of Appeal says, if you use the definition of a Zambrano carer as per the EEA Regulations, then Ms Akinsaya should get permanent residence.

In June 2020, the Home Office said they do not want to use the EEA Regulations to define a Zambrano carer. They wanted to create their own definition.

One of the available grounds of appeal is to say that their decision is 'not in accordance with' the Immigration Rules (Appendix EU). Their decision is in accordance with the Immigration Rules, because the rules say you can not have leave to remain under Appendix FM.
Wishfulgirl wrote:
Wed Dec 28, 2022 7:08 pm
Does that make sense? It is a really important point you should take time to understand. There are 2 definitions of a Zambrano carer.
Hi , yes this makes sense… I have read your responses & believe I understand a bit more. In my witness statement. Is this just a letter or will it be a drafted word document similar to that of the skeleton argument?


So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“

Regarding the Zambrano carer side of things, “I am of the view I have spent 5 years as a Zambrano carer to my British children. My first British born child was born on may 2014. From the date of his birth; may 2014-may 2019 I have accumulated 5 years as a Zambrano carer this is before any leave was granted under under domestic law. I do not believe a grant of leave under domestic issued on October 2019 should strip me of my right to receive settlement under the EU scheme. The evidence I have provided shows I have already accumulated the years required to be granted settlement under the EU scheme.

I know it doesn’t sound professional what I written, However this is the argument I want to put across in a professional manner. This is what I want to use to argue my case so the judge can understand. I don’t have much confidence though.
Be strong. I too didn’t have confidence and fumbled when I represented my self but as soon as I received a letter from one company I thought were bailiffs with the invoice Home Office sent me requesting their £720 legal costs which the courts awarded Home Office due to my gate crash bundle, I knew the music had changes d to war dance. I became very desperate and did things differently. I started writing the way Home Office lawyer wrote.

The Appellant arrived the UK on so so so date.
The Appellant this, the Respondent that.

I numbered every page at the top, 1 , 2, 3

Take it one after the other

Open Word or Note, read from the forum , as soon as you see the point you need write it out, highlight the needed information and headings using colour codes on your note or word document, give it a heading stating what you need it for, save it .

As you read the forum and come across areas or points or cases that you want to use because they are of importance to your case, copy it from the forum and paste on word document or notes, write the heading of where you will put it, read it, change it to suit your situation as the case may be or quote the case if it is applicable to you, and use when ready. Save it.

When you are done assemble all the write up / points you want to use under Skeleton Argument,
Assemble for Grounds of Appeal, Assemble for Statement if Facts etc


SKELETON ARGUMENT ( finish it then you can paste here removing personal information and see if someone can correct any mistakes if any)

GROUNDS OF APPEAL

You start again, make sure you refer yourself as APPELLANT and SSHD as respondent
Refer to your child as the APPELLANT’s child

Finish the ground of appeal you can paste on the forum and ask questions, maybe someone can correct it.


Refer to yourself as the Appellant, refer to Home Office /SSHD as the respondent.

Eg 1.The Appellant has spent 5years as a Zambrano carer.
2. The Appellant’s first child was born so so so and so
3: The Appellant does not believe that she should be stripped of her so so so and so

You keep on going and list all those points.

Make sure you save as you write.

Remember what you were told, copy the Home Office in the email to the Tribunal when sending the bundle

Check your sent file and be sure it was really sent. Call the tribunal and ask them if the received your email.

Be careful and crosscheck, check that attachments were really attached, Don’t do like me, “Please find attached, Kind Regards” Lo and Behold, Lulubaby did not attach anything.

Good Luck.

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

Post by marcidevpal » Sat Dec 31, 2022 5:41 pm

Wishfulgirl wrote:
Sat Dec 31, 2022 2:02 pm
I entered the uk on November 2010 with a 6 months as a family member to join the EEA national My mothers partner. Once we arrived, my mother applied for our EEA family permit. This was granted on July 2011 and expired on July 2016. At the time of my first British child’s birth, I held the EEA family permit as the family member of an EEA national. I did not apply for the Zambrano residency permit, however I feel I as I cared for my British child I may be entitled to this ( Not sure) when I was granted leave to remain in October 2019, I had no legal status because the EEA family permitted had expired in 2016. Due to abuse I experienced by my ex partner during that course I was led to believe, there was no way of ever obtaining legal status after the EEA national died in October 2015 and the EEA family permit was set to expire in July 2016. So I believed him, My ex partner controlled every aspect of my life so I was left relying on him all the way up until 2018 when social service got involved where we were relocated and provided assistance.
Here are some ideas I quickly thought of for your paragraphs:

[A] Case Summary

1.) In November 2010, the appellant arrived in the UK as the family member of an EEA national. In July 2011, the respondent issued a family permit valid for 5 years. In October 2015, the appellant's family member died. The appellant retained her right of residence as per Section 10 of the EEA Regulations, "Family member who has retained the right of residence".

2.) In (can't remember when, the appellant gave birth to her first son. In Month Year, she gave birth to her second child. In MONTH YEAR, she gave birth to her third child.

3.) In July 2016, the appellant completed five years residence in the UK. The appellant's partner led her to believe she did not qualify for permanent residence due to the death of her EEA national family member in October 2015. In October 2018, Social Services convinced the appellant to apply for leave to remain under Appendix FM.

[D] Submissions

The appellant contends she is entitled to a permanent residence card under the EU Settlement Scheme for the following reasons:

1.) The appellant provided her passport as proof of your identity
2.) The appellant confirmed to the respondent she had remained continuously resident in the UK
3.) Rights acquired before 31 December 2020 are not extinguished by the Withdrawal Agreement
4.) The respondent had a responsibility under section 18 (r) and (o) to help the appellant qualify for settlement.
5.) The appellant has spent over 10 years lawfully resident in the UK.

Also, I am not sure you were ever illegal. Your card expired and needed to be renewed, yes, but I am not sure if that meant you lost your status because if the Home Office had found you, my understanding is they would have had to have asked you to apply for permanent residence. But, I could be wrong.

It is a shame a barrister / solicitor did not take on your case for free. It may not be too late. Your case is stronger than I had previously thought.

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

Post by Wishfulgirl » Mon Jan 02, 2023 4:52 am

LULUBABY wrote:
Sat Dec 31, 2022 5:35 pm
Wishfulgirl wrote:
Fri Dec 30, 2022 11:41 am
marcidevpal wrote:
Wed Dec 28, 2022 7:33 pm
Akinsaya - Court of Appeal

The court of appeal said that the EEA Regulations say that a Zambrano carer who was then granted leave to remain under Appendix FM, is still a Zambrano carer under the EEA Regulations.

The Home Office created their own definition of a Zambrano carer in Annex 1 of Appendix EU of the EU Settlement Scheme.

The definition of a Zambrano carer under the EEA Regulations doesn't matter in the same way anymore because the UK left the EU. The definition that matters is the definition in Annex 1 of Appendix EU.

The definition in Annex 1 of Appendix EU says that if you had leave to remain under Appendix FM, that you are NOT eligible.

The Court of Appeal does not tell the Home Office how to define a Zambrano carer under Annex 1 of Appendix EU. The Court of Appeal says, if you use the definition of a Zambrano carer as per the EEA Regulations, then Ms Akinsaya should get permanent residence.

In June 2020, the Home Office said they do not want to use the EEA Regulations to define a Zambrano carer. They wanted to create their own definition.

One of the available grounds of appeal is to say that their decision is 'not in accordance with' the Immigration Rules (Appendix EU). Their decision is in accordance with the Immigration Rules, because the rules say you can not have leave to remain under Appendix FM.
Wishfulgirl wrote:
Wed Dec 28, 2022 7:08 pm
Does that make sense? It is a really important point you should take time to understand. There are 2 definitions of a Zambrano carer.
Hi , yes this makes sense… I have read your responses & believe I understand a bit more. In my witness statement. Is this just a letter or will it be a drafted word document similar to that of the skeleton argument?


So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“

Regarding the Zambrano carer side of things, “I am of the view I have spent 5 years as a Zambrano carer to my British children. My first British born child was born on may 2014. From the date of his birth; may 2014-may 2019 I have accumulated 5 years as a Zambrano carer this is before any leave was granted under under domestic law. I do not believe a grant of leave under domestic issued on October 2019 should strip me of my right to receive settlement under the EU scheme. The evidence I have provided shows I have already accumulated the years required to be granted settlement under the EU scheme.

I know it doesn’t sound professional what I written, However this is the argument I want to put across in a professional manner. This is what I want to use to argue my case so the judge can understand. I don’t have much confidence though.
Be strong. I too didn’t have confidence and fumbled when I represented my self but as soon as I received a letter from one company I thought were bailiffs with the invoice Home Office sent me requesting their £720 legal costs which the courts awarded Home Office due to my gate crash bundle, I knew the music had changes d to war dance. I became very desperate and did things differently. I started writing the way Home Office lawyer wrote.

The Appellant arrived the UK on so so so date.
The Appellant this, the Respondent that.

I numbered every page at the top, 1 , 2, 3

Take it one after the other

Open Word or Note, read from the forum , as soon as you see the point you need write it out, highlight the needed information and headings using colour codes on your note or word document, give it a heading stating what you need it for, save it .

As you read the forum and come across areas or points or cases that you want to use because they are of importance to your case, copy it from the forum and paste on word document or notes, write the heading of where you will put it, read it, change it to suit your situation as the case may be or quote the case if it is applicable to you, and use when ready. Save it.

When you are done assemble all the write up / points you want to use under Skeleton Argument,
Assemble for Grounds of Appeal, Assemble for Statement if Facts etc


SKELETON ARGUMENT ( finish it then you can paste here removing personal information and see if someone can correct any mistakes if any)

GROUNDS OF APPEAL

You start again, make sure you refer yourself as APPELLANT and SSHD as respondent
Refer to your child as the APPELLANT’s child

Finish the ground of appeal you can paste on the forum and ask questions, maybe someone can correct it.


Refer to yourself as the Appellant, refer to Home Office /SSHD as the respondent.

Eg 1.The Appellant has spent 5years as a Zambrano carer.
2. The Appellant’s first child was born so so so and so
3: The Appellant does not believe that she should be stripped of her so so so and so

You keep on going and list all those points.

Make sure you save as you write.

Remember what you were told, copy the Home Office in the email to the Tribunal when sending the bundle

Check your sent file and be sure it was really sent. Call the tribunal and ask them if the received your email.

Be careful and crosscheck, check that attachments were really attached, Don’t do like me, “Please find attached, Kind Regards” Lo and Behold, Lulubaby did not attach anything.

Good Luck.
Thank Lulubaby,

I am really trying. I have been gathering as musch information as I can to include in the bundle. I have until Friday to provide everything. I take breaks in between because I get overwhelmed easily. When I sleep and turn at nights, it’s the first thing on my mind. I get anxiety just looking at the information. But I know I have to put through and does this for my children. Marcidevpal has been a big help! Most of the information, I have written so far it’s because of his help. Don’t know what I would’ve done if I didn’t come on here. Probably just apply for fee wavier and continue on appendix fm & forget about Zambrano. Thank you very much guys, If you guys know how much this small email affected me mentally, I can’t begin to imagine how I’ll process the appeal date.

I have looked everywhere including the bundle home office sent me and cannot find an address or email address to send a copy of my bundle to them. I looked at my refusal letter, the email I received from the courts after submitting my appeal. I have checked and rechecked the home office bundle and I cannot see where I need to send this bundle so home office can it by Friday or even so the court can see that i definitely sent it to them. I must be slow but I looked everywhere. Do I call the EU resolution line and ask for the information where to send the bundle?

Wishfulgirl
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Posts: 100
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Mon Jan 02, 2023 5:20 am

marcidevpal wrote:
Sat Dec 31, 2022 5:41 pm
Wishfulgirl wrote:
Sat Dec 31, 2022 2:02 pm
I entered the uk on November 2010 with a 6 months as a family member to join the EEA national My mothers partner. Once we arrived, my mother applied for our EEA family permit. This was granted on July 2011 and expired on July 2016. At the time of my first British child’s birth, I held the EEA family permit as the family member of an EEA national. I did not apply for the Zambrano residency permit, however I feel I as I cared for my British child I may be entitled to this ( Not sure) when I was granted leave to remain in October 2019, I had no legal status because the EEA family permitted had expired in 2016. Due to abuse I experienced by my ex partner during that course I was led to believe, there was no way of ever obtaining legal status after the EEA national died in October 2015 and the EEA family permit was set to expire in July 2016. So I believed him, My ex partner controlled every aspect of my life so I was left relying on him all the way up until 2018 when social service got involved where we were relocated and provided assistance.
Here are some ideas I quickly thought of for your paragraphs:

[A] Case Summary

1.) In November 2010, the appellant arrived in the UK as the family member of an EEA national. In July 2011, the respondent issued a family permit valid for 5 years. In October 2015, the appellant's family member died. The appellant retained her right of residence as per Section 10 of the EEA Regulations, "Family member who has retained the right of residence".

2.) In (can't remember when, the appellant gave birth to her first son. In Month Year, she gave birth to her second child. In MONTH YEAR, she gave birth to her third child.

3.) In July 2016, the appellant completed five years residence in the UK. The appellant's partner led her to believe she did not qualify for permanent residence due to the death of her EEA national family member in October 2015. In October 2018, Social Services convinced the appellant to apply for leave to remain under Appendix FM.

[D] Submissions

The appellant contends she is entitled to a permanent residence card under the EU Settlement Scheme for the following reasons:

1.) The appellant provided her passport as proof of your identity
2.) The appellant confirmed to the respondent she had remained continuously resident in the UK
3.) Rights acquired before 31 December 2020 are not extinguished by the Withdrawal Agreement
4.) The respondent had a responsibility under section 18 (r) and (o) to help the appellant qualify for settlement.
5.) The appellant has spent over 10 years lawfully resident in the UK.

Also, I am not sure you were ever illegal. Your card expired and needed to be renewed, yes, but I am not sure if that meant you lost your status because if the Home Office had found you, my understanding is they would have had to have asked you to apply for permanent residence. But, I could be wrong.

It is a shame a barrister / solicitor did not take on your case for free. It may not be too late. Your case is stronger than I had previously thought.
Thank you soooo much for the information you have provided over the past few days! I have read and re-read, came back and re-read again. I am very grateful, tbh I don’t know what I would’ve done if you weren’t here. You have been very supportive these past few days, there has been times where I came and read but mentally I wasn’t coping so I left. I am diagnosed with OCD so I regularly have persistent thoughts racing through my head, examples: did I wrote that properly, what will the judge think, home office is probably gonna think what kind of rubbish is this, what if they don’t receive it in time, if the appeal is rejected, we will be homeless! I have the argument into word document. I edited to suit my circumstances. I Read! Re- read again to get it right. I know it seems like a lot but that’s how my brain works on a daily basis. But as a said thanks for helping, I’m sure the information will be of good use to everyone on the forum. Especially if they receive a non compliance email like me. Don’t be like me everyone please provide your skeleton argument upon submission of your appeal. Thinking about it now, I don’t believe I did provide a witness statement when I made my appeal. Even though they didn’t ask for one, I definitely will be sending it with my skeleton argument.

Thanks Marcidevpal, I appreciate it. I have drafted a copy of the skeleton argument and the witness. I almost completed. I am still sure how send my appeal bundle to the home office, I checked the appeal bundle they sent me and no contact information was provided. I’m not sure the accept emails.

Yes marcidevpal, you’re right my case is very strong. Honestly, i thought about applying for right of retain residency originally before applying for Zambrano but all i had was the EEA sponsored death certificate. Sadly, the EEA national died of old age. When we were granted residence card in 2011, he was already retired. I was worried home office would ask for a lot of information from me about him to prove why I deserve settlement as a person with retain rights. but honestly, how much is there to provide from a deceased individual. May he rest in peace.

Thank you again for your help. I really appreciate it.

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

Post by marcidevpal » Mon Jan 02, 2023 1:23 pm

Wishfulgirl wrote:
Mon Jan 02, 2023 5:20 am
Hi Wishfulgirl, Glad to see your mood seems to have picked up! That is good. Think of the judge as someone who is an immigration expert, who will consider what you tell them and will either agree with you or give you their best suggestion for what you should do next. That is why I was pushing you to summarise everything from the beginning, in clear and succinct terms. I also think you should go hard on your EEA status. If you were granted a card under the EEA regulations, even if your mother's partner died, that is a major thing. It means the home office accepted you were the family of an EEA member. It means you are covered by the Withdrawal Agreement. And, according to the President of the Upper Tribunal, EU rights acquired before Brexit are protected. You have another argument about your Zambrano status, and a third argument about human rights. Make sure you download copies of the cases you refer to and email them to the court and the Home Office. Cases include Giraldo, E.K. v Netherlands, the European Court of Human Rights rulings, etc.

Regarding the Home Office's email, in my opinion, you should focus on what the Judge's clerks tell you. Email the people who sent you the non-compliance email. They will either give you the email address for the Home Office, or they will contact the Home Office and tell them they must provide the contact information. If the Home Office refuse, they will be in non-compliance. You should not guess this info because if you talk to the wrong person at the Home Office, you are responsible. You should talk to the Judge's administrators. I am concerned that someone like you, who ticks a lot of boxes, was not offered help - after years. Social Services should have signposted you to someone. Now that you have summarized your arguments, you may want to reach out to some lawyers. Search for "pro bono" immigration lawyers.

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

Post by LULUBABY » Mon Jan 02, 2023 1:38 pm

Wishfulgirl wrote:
Mon Jan 02, 2023 4:52 am
LULUBABY wrote:
Sat Dec 31, 2022 5:35 pm
Wishfulgirl wrote:
Fri Dec 30, 2022 11:41 am
marcidevpal wrote:
Wed Dec 28, 2022 7:33 pm
Akinsaya - Court of Appeal

The court of appeal said that the EEA Regulations say that a Zambrano carer who was then granted leave to remain under Appendix FM, is still a Zambrano carer under the EEA Regulations.

The Home Office created their own definition of a Zambrano carer in Annex 1 of Appendix EU of the EU Settlement Scheme.

The definition of a Zambrano carer under the EEA Regulations doesn't matter in the same way anymore because the UK left the EU. The definition that matters is the definition in Annex 1 of Appendix EU.

The definition in Annex 1 of Appendix EU says that if you had leave to remain under Appendix FM, that you are NOT eligible.

The Court of Appeal does not tell the Home Office how to define a Zambrano carer under Annex 1 of Appendix EU. The Court of Appeal says, if you use the definition of a Zambrano carer as per the EEA Regulations, then Ms Akinsaya should get permanent residence.

In June 2020, the Home Office said they do not want to use the EEA Regulations to define a Zambrano carer. They wanted to create their own definition.

One of the available grounds of appeal is to say that their decision is 'not in accordance with' the Immigration Rules (Appendix EU). Their decision is in accordance with the Immigration Rules, because the rules say you can not have leave to remain under Appendix FM.
Wishfulgirl wrote:
Wed Dec 28, 2022 7:08 pm
Does that make sense? It is a really important point you should take time to understand. There are 2 definitions of a Zambrano carer.
Hi , yes this makes sense… I have read your responses & believe I understand a bit more. In my witness statement. Is this just a letter or will it be a drafted word document similar to that of the skeleton argument?


So wording it would be something like this EEA FAMILY MEMBER WITH RETAIN RIGHTS “ I believe I spent 5 years as the family member of an EEA national dated 2011-2016 and despite the fact that the EEA national died in October 2015, I am a person with retain rights to reside? I don’t know what to say after this….“

Regarding the Zambrano carer side of things, “I am of the view I have spent 5 years as a Zambrano carer to my British children. My first British born child was born on may 2014. From the date of his birth; may 2014-may 2019 I have accumulated 5 years as a Zambrano carer this is before any leave was granted under under domestic law. I do not believe a grant of leave under domestic issued on October 2019 should strip me of my right to receive settlement under the EU scheme. The evidence I have provided shows I have already accumulated the years required to be granted settlement under the EU scheme.

I know it doesn’t sound professional what I written, However this is the argument I want to put across in a professional manner. This is what I want to use to argue my case so the judge can understand. I don’t have much confidence though.
Be strong. I too didn’t have confidence and fumbled when I represented my self but as soon as I received a letter from one company I thought were bailiffs with the invoice Home Office sent me requesting their £720 legal costs which the courts awarded Home Office due to my gate crash bundle, I knew the music had changes d to war dance. I became very desperate and did things differently. I started writing the way Home Office lawyer wrote.

The Appellant arrived the UK on so so so date.
The Appellant this, the Respondent that.

I numbered every page at the top, 1 , 2, 3

Take it one after the other

Open Word or Note, read from the forum , as soon as you see the point you need write it out, highlight the needed information and headings using colour codes on your note or word document, give it a heading stating what you need it for, save it .

As you read the forum and come across areas or points or cases that you want to use because they are of importance to your case, copy it from the forum and paste on word document or notes, write the heading of where you will put it, read it, change it to suit your situation as the case may be or quote the case if it is applicable to you, and use when ready. Save it.

When you are done assemble all the write up / points you want to use under Skeleton Argument,
Assemble for Grounds of Appeal, Assemble for Statement if Facts etc


SKELETON ARGUMENT ( finish it then you can paste here removing personal information and see if someone can correct any mistakes if any)

GROUNDS OF APPEAL

You start again, make sure you refer yourself as APPELLANT and SSHD as respondent
Refer to your child as the APPELLANT’s child

Finish the ground of appeal you can paste on the forum and ask questions, maybe someone can correct it.


Refer to yourself as the Appellant, refer to Home Office /SSHD as the respondent.

Eg 1.The Appellant has spent 5years as a Zambrano carer.
2. The Appellant’s first child was born so so so and so
3: The Appellant does not believe that she should be stripped of her so so so and so

You keep on going and list all those points.

Make sure you save as you write.

Remember what you were told, copy the Home Office in the email to the Tribunal when sending the bundle

Check your sent file and be sure it was really sent. Call the tribunal and ask them if the received your email.

Be careful and crosscheck, check that attachments were really attached, Don’t do like me, “Please find attached, Kind Regards” Lo and Behold, Lulubaby did not attach anything.

Good Luck.
Thank Lulubaby,

I am really trying. I have been gathering as musch information as I can to include in the bundle. I have until Friday to provide everything. I take breaks in between because I get overwhelmed easily. When I sleep and turn at nights, it’s the first thing on my mind. I get anxiety just looking at the information. But I know I have to put through and does this for my children. Marcidevpal has been a big help! Most of the information, I have written so far it’s because of his help. Don’t know what I would’ve done if I didn’t come on here. Probably just apply for fee wavier and continue on appendix fm & forget about Zambrano. Thank you very much guys, If you guys know how much this small email affected me mentally, I can’t begin to imagine how I’ll process the appeal date.

I have looked everywhere including the bundle home office sent me and cannot find an address or email address to send a copy of my bundle to them. I looked at my refusal letter, the email I received from the courts after submitting my appeal. I have checked and rechecked the home office bundle and I cannot see where I need to send this bundle so home office can it by Friday or even so the court can see that i definitely sent it to them. I must be slow but I looked everywhere. Do I call the EU resolution line and ask for the information where to send the bundle?
Email the courts and let them know the problem you have, after sending the email, call the courts. During mine, I was paranoid so after every email I send, I call the Tribunal and speak to the clerks for assurance sake. Tell the clerks what the problem is and they will assist you.
Welldone!!!!!!

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