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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 » Thu Jun 01, 2023 3:12 pm

Summary - UT President Dove (Edinburgh)

1.) He accepts some Zambrano carers can qualify for EUSS, but doesn't explain how or why they should be so lucky.

2.) He accepts that derivative card applications filed before December 2020 are valid after December 2020. He does not accept that you have the right to appeal a refusal after December 2020.

I think you can see the problems with these two positions.

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

Post by marcidevpal » Thu Jun 01, 2023 3:33 pm

WHY THE 410?

At the end of the day, just 410 Zambrano families were given settlement out of over 14, 410 valid applications.

The UK is supposed to be a free and fair democracy. It isn't supposed to cherry-pick people for settlement.

The Home Office and Judiciary should be able to explain what those 410 families have that the 14,410 other families do not.

====================================

If they say those 410 achieved 5 years residence before December 2020 and no one else did, fine.

But we know that isn't true.

====================================

If they say the 410 did not have leave to remain under Appendix FM, I say the Home Office had a duty to warn Zambrano carers by May 2018 (at the latest). They should have given people a chance to not make an application under Appendix FM.

But we know they did the exact opposite. They sent letters before December 2020 telling people to apply under Appendix FM.

====================================

To allow 90% of people to be refused without explanation and to put the burden to challenge the injustice on Zambrano carers (many of whom are litigants in person), is to undermine the principles of equality and justice. Just my opinion.

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

Post by marcidevpal » Thu Jun 01, 2023 3:52 pm

When did we (as a society) become so cynical?

https://tribunalsdecisions.service.gov. ... 05622-2020
13. Regulations 16 and 20 are not listed in paragraph 6. It follows that they do not apply to the determination of an appeal after 31 December 2020. That is the case even if, immediately before that date, paragraphs 16 and 20 would have been relevant to the determination of the appeal. These provisions therefore have the effect that what might have been a good ground of an appeal based on the regulations in force at the time of an application, a decision, the launching of an appeal, or even during part of the progress of an appeal through the appellate system, cease to be provisions upon which reliance may be placed insofar as procedure on the appeal takes place after 31 December 2020.

14. Provisions to that effect seem at first sight to be surprising, and possibly unjust. After all, an appellant may not be able to control the speed at which an appeal does progress through the system; and the Secretary of State would appear to have power to deprive an appellant of a derivative residence card by appealing against a decision of the First-tier Tribunal in favour of an applicant, and so preventing the appeal from being finally determined before 31 December 2020.

15. The provisions do have that effect, but there is no injustice: because on that date the Zambrano entitlement ceased, so that even if a derivative residence card had been issued it would on that date cease to entitle its holder to remain in the United Kingdom; and no useful purpose would be served by allowing anybody to obtain a residence card by continuing an appeal after that date. Thus there is in fact no injustice in narrowing the rights or bases of an appeal during the progress of the appeal through the system. The provisions to which we have referred are simply part of the larger scheme of bringing the Zambrano rights, derived from EU law and not preserved by article 10 of the withdrawal agreement, to an end on IP completion day. Those whose rights of residence in the United Kingdom derived in EU law from their parental responsibility from a British citizen as a Union citizen can after that date no longer derive such a right from EU law. The British citizen child is not a citizen of the Union and the status of the child’s parents is governed by national law.
This judge is effectively saying, "too bad for you, Zambrano carer".

Cynicism aside, the judge doesn't even take into account
- Mostyn J's order in Akinsaya to delay the deadline or
- the Home Office's announcement to delay the deadline or
- Part 1 of the Withdrawal Agreement or
- the commitment to human rights in the Political Declaration or
- the fact that anyone can still make a late application.

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

Post by marcidevpal » Thu Jun 01, 2023 4:18 pm

UT President Dove & a big assumption

https://tribunalsdecisions.service.gov. ... 05622-2020

The Presidential Panel concludes
13. Regulations 16 and 20 are not listed in paragraph 6. It follows that they do not apply to the determination of an appeal after 31 December 2020.
1.) If the Government intended for decisions around Regulations 16 and 20 to not be eligible for appeal, the Government would have said so. The absence of a mention does not automatically mean cancellation. It just means Regulations 16 and 20 are not specified. To specify means to state explicitly. There is no note to say unless specified, the provision is cancelled.

2.) The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 give Zambrano applicants the right of appeal against decisions relating to leave to enter or remain made by virtue of residence scheme immigration rules. The immigration rules mention the EEA Regulations at least 77 times. You can't have one statutory instrument that keeps the EEA regulations alive, and another statutory instrument that pretends it no longer applies. That's cuckoo.

References

Paragraph 6 of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020
https://www.legislation.gov.uk/uksi/202 ... ule/3/made

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020
https://www.legislation.gov.uk/uksi/202 ... tents/made

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

Post by marcidevpal » Thu Jun 01, 2023 10:26 pm

How many statutory instruments does it take to change a lightbulb?

Brexit happened in June 2016. Here we are, seven years later.

There are easily six statutory instruments you should be knowledgeable of before going to Court.

One statutory instrument contradicts another.

A given statutory instrument is self-referential to the extreme.

Is it by accident or by design?

By next year, we could have even more.

Just something to think about.

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

Post by chopwell20 » Fri Jun 02, 2023 12:14 pm

Tina87 wrote:
Sat May 27, 2023 2:21 am
chopwell20 wrote:
Fri May 26, 2023 9:46 am
marcidevpal wrote:
Wed May 24, 2023 4:44 pm
NAD WINS!!! HURRAH!!
chopwell20 wrote:
Wed May 24, 2023 2:33 pm
Dear MarcidevPAL

Thank you for your kind words. I deeply appreciate your dedication, guidance, and the value of the information you provided.

During the period of waiting for my appeal decision, I maintained a calm and focused demeanor, thanks to the invaluable assistance and guidance you provided me with. Your expertise and advice equipped me with the necessary tools to construct a compelling case and fortified my mindset for the upcoming battle.

I am immensely grateful to report that my appeal has been allowed. This outcome stands as a testament to the meticulous preparation and the professional approach we adopted throughout the process. Your guidance played a pivotal role in shaping the arguments and evidence presented, which ultimately led to this favorable resolution.

Once again, please accept my sincere appreciation for your unwavering support and the valuable insights you shared. Your contribution has not only assisted me in achieving a positive outcome but has also broadened my understanding and strengthened my skills for future endeavors.

Thank you for being an invaluable source of wisdom and inspiration, and for helping me navigate through this challenging phase of my life..
Hi NAD,

I thought maybe people could find a use for my suggestions.

I am humbled when people actually do work them into their submissions.

You perservered, even when things looked dire for Zambrano carers.

You did the work.

And I am beyond thrilled you won!!!

Britain is indeed a better country for granting residence to Zambrano carers like you.

I am also grateful to the judges for hearing your arguments. It shows they are listening.

Everyone, if you are there... Will you take a moment to please congratulate NAD?

NAD's win is a win not just for him and his family.

It's a win for us all.

Cheers,
MaricDevPal
Thank you all for your congratulations. I submitted an appeal at the end of December, and it was allowed in early March. However, I have not received any letter from the Home Office indicating whether they accept or challenge the appeal. Surprisingly, the tribunal has no record of the permission to appeal being submitted even after 60 days. The Home Office is not responding with any further action, such as issuing settled status.

I had a similar refusal in the past when I had valid FLR FP during the transition period. From 2014 to 2018, I had no legal status due to a separate case pending with the Home Office. This situation arose because my lawyer had deceived me, and I overstayed my visa. I challenged this matter with the ombudsman, but unfortunately, after a two-year process, there was no favourable outcome. The case was complicated further by the closure of the chamber, and no records could be found.

Regards and good wishes for all.


Thanks very much. Was it a paper appeal or oral hearing? As I submitted mine (paper) around November but when I call, they keep telling me no judge has been assigned to my case yet.So I was wondering.
Hi Tina,
it was a paper appeal.

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

Post by marcidevpal » Fri Jun 02, 2023 2:33 pm

Lawyers, Workloads & Fees

Let's say you are a lawyer.

You have a European or Singh, Chen or Teixiera derivative card holder as a client.

They were refused under EUSS.

You would review a whole bunch of statutory instruments, the Withdrawal Agreement, cases, etc.

Now let's say you have a Zambrano carer as a client.

You would need to review all of those documents again - only from the eyes of Zambrano carer.

Who would pay for all of that time and analysis?

It could cost the Zambrano carer thousands.

And many, most, or the overwhelmingly majority can't afford it.

I now suspect this gap between what it costs to defend Zambrano carers and what they can afford, is the reason there have been so few legal challenges.

That is why Zambrano carers should have filed as a group. Oh well.

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

Post by marcidevpal » Mon Jun 05, 2023 8:46 pm

VIENNA CONVENTION ON THE LAW OF TREATIES 1969

The UK has violated the Vienna Convention.

Appendix EU violates the Vienna Convention.

Appendix EU redefines the term 'Zambrano carer'.

Appendix EU says a Zambrano carer is 'one who does not have leave under Appendix FM (or similar)'.

The European Court of Justice said the Zambrano right is a derived right - not a visa status.

Your right exists even if you have another form of leave.

Your right is based on your relationship with your British child.
Vienna Convention, Section 3. INTERPRETATION OF TREATIES, Article 31, General rule of interpretation

1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:

(a) any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty;

(b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.

3. There shall be taken into account, together with the context:

(a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;

(b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation;

(c) any relevant rules of international law applicable in the relations between the parties.

4. A special meaning shall be given to a term if it is established that the parties so intended.
https://caselaw.nationalarchives.gov.uk ... /2022/3274

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

Post by marcidevpal » Fri Jun 09, 2023 9:18 am

The IMA

IMA stands for the Independent Monitoring Authority.

The IMA have the power to ensure the UK fulfills its responsibilities under the Brexit Withdrawal Agreement.

The IMA brought a legal challenge against the Home Office regarding pre-settled status. They got the rules changed so you only have to apply once.

They have now raised a complaint about CoA's or Certificates of Applications. The Government takes too long.

If you are still waiting for your CoA, you may want to let the IMA know.

The IMA have ignored the bigger, more tragic concerns of Zambrano carers and EUSS applicants like Celik for years.

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

Post by marcidevpal » Fri Jun 09, 2023 9:35 am

Akinsanya & the Court of Appeal

I found an analysis of Lord Justice Underhill's decision by Charles Bishop, barrister at Landmark Chambers,
The Court of Appeal has partially upheld the decision of Mr Justice Mostyn in finding that the Home Office’s rules for applications by Zambrano carers under the EU Settlement Scheme (EUSS) are unlawful.

While the court held that Mostyn J was incorrect to find that the Secretary of State for the Home Department (the SSHD) misunderstood the requirements of the Zambrano jurisprudence under EU law,

it agreed with Mostyn J that she had misunderstood the requirements of domestic law, and thus the rules were unlawful.
MY THOUGHTS

1.) Underhill is saying the 2016 EEA Regulations are more generous to Zambrano carers than EU law. Hah!

2.) Since September 2022, Zambrano jurisprudence under EU law says Zambrano carers should get 'long term residence' after five years (see the case of E.K.).

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

Post by marcidevpal » Sat Jun 10, 2023 4:07 am

Michel Barnier, Rejoining the EU & the Vienna Convention

Michel Barnier is a former French government minister. He led negotiations over the Withdrawal Agreement on behalf of Brussels. Barnier said Britain can reverse Brexit and rejoin the EU any time it likes -
“To be clear, the UK government, the current government, the next government knows exactly what are the terms and the conditions to be part of the single market to be part of the customs union to join the EU," he said.
He also said the UK is not respecting the Withdrawal Agreement. That is a violation of the Vienna Convention violation -
"The point is not to sign a treaty, the point is to respect the treaty and to respect its own signature," Mr Barnier said of the ex-PM's approach....I never understood, I do not still understand, how the prime minister of such a country, a great country like the UK, can be able not to respect his own signature.”

If the UK rejoins, Zambrano carers will be protected by EU law. The case of E.K. can't be so easily ignored.

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

Post by marcidevpal » Sun Jun 11, 2023 2:23 pm

Artificial Intelligence for your submissions

Are struggling with creating your submissions to the First-tier Tribunal or Upper Tribunal? Have you considered using (free) tools such as artificial intelligence for ideas? I asked an AI the following questions:

-What is a Zambrano carer?
-Can you summarise the ECJ case of Ruiz Zambrano?
-How do I write a submissions document for a UK immigration court?
-How do I write a skeleton argument for a UK immigration court?
-How do I write a witness statement for a UK immigration judge?

I found the answers helpful. Of course, you can't necessarily rely on the answers 100%. AIs often speak multiple languages. They can also edit your document to make it easier to read.

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

Post by marcidevpal » Wed Jun 14, 2023 9:26 am

Human Rights & Escalations

Celik's human rights appeal is just a few weeks away! The importance of this appeal can't be overstated.

Today, the House of Lords is considering secondary legislation (a statutory instrument) that restricts people's right to protest. The right to protest is proected under the United Nations Declaratio on Human Rights and the European Convention on Human Rights.

Labour said they would abstain - or not vote against the statutory instrument. I believe Labour voted for or abstained on the statutory instruments for EUSS appeals - eventhough the 6 or 7 instruments do not mention human rights and make it incredibly difficult for Zambrano carers.

In Celik, President Lane said EUSS applicants can't rely on human rights. He argued the statutory instrument does not give judges the power to consider human rights - unless the Home Office gives them permission.

The connection here is the statutory instrument. Statutory instruments have become excuses for not recognising people's human rights. The 'people' affected may be migrants or protestors.

This point is important to understand. If you are a litigant in person, you probably don't just want to focus on the details of what the appeals statutory instrument says. You may want to take a position as to whether or not the instrument is lawful in the first place. That decision may lead you to launch a judicial review instead of a regular appeal. Or maybe not.

The central argument is that the UK agreed to be bound by the United Nations Declaration and the European Convention on Human Rights. Any legislation created by the Government that limits those rights is unlawful. Moreover, the judges have a duty under the ECHR to declare those statutory instruments as unlawful.

Finally, there is an irony here. Had the average, everyday person paid more attention to the bad statutory instruments put upon Zambrano carers, they might not be dealing with bad statutory instruments that are about to be put upon them. Bad public policies are like weeds. The keep growing and escalating.

Anyway, at the end of the day, I do not believe a statutory instrument should be allowed to invalidate any human right.

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

Post by Wishfulgirl » Fri Jun 16, 2023 11:16 am

marcidevpal wrote:
Wed Jun 14, 2023 9:26 am
Human Rights & Escalations

Celik's human rights appeal is just a few weeks away! The importance of this appeal can't be overstated.

Today, the House of Lords is considering secondary legislation (a statutory instrument) that restricts people's right to protest. The right to protest is proected under the United Nations Declaratio on Human Rights and the European Convention on Human Rights.

Labour said they would abstain - or not vote against the statutory instrument. I believe Labour voted for or abstained on the statutory instruments for EUSS appeals - eventhough the 6 or 7 instruments do not mention human rights and make it incredibly difficult for Zambrano carers.

In Celik, President Lane said EUSS applicants can't rely on human rights. He argued the statutory instrument does not give judges the power to consider human rights - unless the Home Office gives them permission.

The connection here is the statutory instrument. Statutory instruments have become excuses for not recognising people's human rights. The 'people' affected may be migrants or protestors.

This point is important to understand. If you are a litigant in person, you probably don't just want to focus on the details of what the appeals statutory instrument says. You may want to take a position as to whether or not the instrument is lawful in the first place. That decision may lead you to launch a judicial review instead of a regular appeal. Or maybe not.

The central argument is that the UK agreed to be bound by the United Nations Declaration and the European Convention on Human Rights. Any legislation created by the Government that limits those rights is unlawful. Moreover, the judges have a duty under the ECHR to declare those statutory instruments as unlawful.

Finally, there is an irony here. Had the average, everyday person paid more attention to the bad statutory instruments put upon Zambrano carers, they might not be dealing with bad statutory instruments that are about to be put upon them. Bad public policies are like weeds. The keep growing and escalating.

Anyway, at the end of the day, I do not believe a statutory instrument should be allowed to invalidate any human right.
Hey Marcidevpal,

I called the courts and they said my case has be adjourned due to not enough time and it will be relisted in the near future.

Idk much about courts, Is this normally a bad thing? Or just to do with the timing of the hearing. Am I worrying about nothing.

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

Post by marcidevpal » Fri Jun 16, 2023 4:37 pm

Wishfulgirl wrote:
Fri Jun 16, 2023 11:16 am
Bonjour Wishfulgirl,

They said not enough time? LOL!! Haven't they had it since January?

I wouldn't worry about it too much. If a judge has an easy reason to reject an application by a litigant in person, they don't hesitate. ;)

If you raised or relied upon the Celik case in your submissions, then they probably want to wait until Celik. At this point, the Courts probably want to read what the Court of Appeal says in their decision before they decide similar pending cases.

Methinks there is movement on Akinsanya...Is anyone out there aware of progress on the next Akinsanya judicial review? Has Akinsanya been granted permission to launch a new judicial review?

They may delay all decisions until Celik or even Akinsanya is decided. My concern is the last time Akinsanya was decided, it didn't really help people that much.

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

Post by Wishfulgirl » Fri Jun 16, 2023 5:11 pm

marcidevpal wrote:
Fri Jun 16, 2023 4:37 pm
Wishfulgirl wrote:
Fri Jun 16, 2023 11:16 am
Bonjour Wishfulgirl,

They said not enough time? LOL!! Haven't they had it since January?

I wouldn't worry about it too much. If a judge has an easy reason to reject an application by a litigant in person, they don't hesitate. ;)

If you raised or relied upon the Celik case in your submissions, then they probably want to wait until Celik. At this point, the Courts probably want to read what the Court of Appeal says in their decision before they decide similar pending cases.

Methinks there is movement on Akinsanya...Is anyone out there aware of progress on the next Akinsanya judicial review? Has Akinsanya been granted permission to launch a new judicial review?

They may delay all decisions until Celik or even Akinsanya is decided. My concern is the last time Akinsanya was decided, it didn't really help people that much.
Hi Marcidevpal,

Good to see you here, it warms my heart that you regularly update this board.

Tbh I was a bit confused, She said the judge didn’t have enough time to make a decision. Considering it was a paper hearing, I assumed it was a simple look at the evidence and make a decision. Never thought paper hearing gets adjourned. I Don’t fully understand the procedure anyway.

When she said adjourned I immediately thought oh goodness my case is complex.

I guess I’ll just continue to wait and see what follows next and prepare for a decision.

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

Post by Tina87 » Sun Jun 18, 2023 1:53 pm

marcidevpal wrote:
Fri Jun 16, 2023 4:37 pm
Wishfulgirl wrote:
Fri Jun 16, 2023 11:16 am
Bonjour Wishfulgirl,

They said not enough time? LOL!! Haven't they had it since January?

I wouldn't worry about it too much. If a judge has an easy reason to reject an application by a litigant in person, they don't hesitate. ;)

If you raised or relied upon the Celik case in your submissions, then they probably want to wait until Celik. At this point, the Courts probably want to read what the Court of Appeal says in their decision before they decide similar pending cases.

Methinks there is movement on Akinsanya...Is anyone out there aware of progress on the next Akinsanya judicial review? Has Akinsanya been granted permission to launch a new judicial review?

They may delay all decisions until Celik or even Akinsanya is decided. My concern is the last time Akinsanya was decided, it didn't really help people that much.


Hi Marcidevpal and all
Please can anyone help me out to interpret what the attachment means?

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

Post by Tina87 » Sun Jun 18, 2023 2:13 pm

Sorry trying to attached but it seems its fails.
I just copied part:

DIRECTIONS

1. The Respondent has filed a bundle.

2. The Appellant filed an Appeal Skeleton Argument and bundle on 17/11/2022.

3. The Respondent has failed to file a response in accordance with directions given on 20/10/2022.

4. The Respondent now has 14 days from the date of issue of these Directions to comply, otherwise the Respondent will be deemed to rely solely on the refusal decision and the Tribunal will proceed accordingly.

5. In any event, the hearing of this appeal will take place on the first available date after
14 days from the date of issue of these Directions. This will be a final hearing not a PreHearing Review or a Case Management Review.

6. Either party may make an application to vary these directions at any time.

7. Any failure to comply with the directions may be taken into account when considering the issue of costs.


Signed: Date: 06/06/2023

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

Post by marcidevpal » Sun Jun 18, 2023 7:25 pm

Tina87 wrote:
Sun Jun 18, 2023 2:13 pm
Que tal, Tina?

The Home Office is the Respondent. The Home Office is supposed to send a bundle to the Court. Their bundle includes all of the information your caseworker relied upon when they made their decision.

If the Home Office does not upload the bundle to the Court's system, the judge will make a decision based on what your skeleton argument (and witness statement?) says and the refusal letter.

The Home Office should also mail you a copy of the bundle. If you don't get it by next week, tell the Court.

Either way, your case seems unlikely to be decided until after Celik. Celik's appeal before the Court of Appeal is on the 4th of July.

It looks like the judges don't want to work on the EUSS appeals until Celik. Everyone send positive energy to Mr Celik and his legal team! :)

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

Post by Tina87 » Sun Jun 18, 2023 7:46 pm

marcidevpal wrote:
Sun Jun 18, 2023 7:25 pm
Tina87 wrote:
Sun Jun 18, 2023 2:13 pm
Que tal, Tina?

The Home Office is the Respondent. The Home Office is supposed to send a bundle to the Court. Their bundle includes all of the information your caseworker relied upon when they made their decision.

If the Home Office does not upload the bundle to the Court's system, the judge will make a decision based on what your skeleton argument (and witness statement?) says and the refusal letter.

The Home Office should also mail you a copy of the bundle. If you don't get it by next week, tell the Court.

Either way, your case seems unlikely to be decided until after Celik. Celik's appeal before the Court of Appeal is on the 4th of July.

It looks like the judges don't want to work on the EUSS appeals until Celik. Everyone send positive energy to Mr Celik and his legal team! :)

Thanks so much, what about number 6? Do I need to send any thing?

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

Post by marcidevpal » Sun Jun 18, 2023 10:38 pm

Tina87 wrote:
Sun Jun 18, 2023 7:46 pm
Halo again Tina,

Regarding number 6, what is your current strategy?

a.) Do you want to ask for permission to resubmit your skeleton argument?
b.) Maybe you want to add more arguments or make it easier to read?
c.) Maybe you want to ask the judge to order the hearing to take place after Celik and the next Akinsanya have concluded?
d.) Or, maybe you feel comfortable with the judge going ahead?

If you are happy with what the judge proposes, you don't really have to do anything but wait for the hearing.

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

Post by marcidevpal » Mon Jun 19, 2023 7:08 am

Tina87 wrote:
Sun Jun 18, 2023 7:46 pm
You may also want to get in contact with people on this thread who were successful recently.

- Ask to see a copy of their submissions / skeleton arguments.
- Ask them what points their judges agreed with most strongly.
- Rewrite and resubmit your skeleton argument to use those same points (if applicable).
- With their permission, reference their cases in your updated skeleton argument.

*You may need to request permission to resubmit. It has been so long since you first submitted, I would think it should be ok.

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

Post by marcidevpal » Mon Jun 19, 2023 10:25 am

One possible approach to an appeal

(For people NOT starting from scratch - You may want to email the judge to ask them to delay your hearing until Celik is decided or until both Celik and Akinsanya have been decided.)

For people starting from the beginning:

1.) Using a generative artificial intelligence, you may want to ask the AI how to create a skeleton argument and witness statement for a UK immigration appeal.

2.) The AI will give you a template. Fill out the template using simple language that represents your best guess.

3.) Do some research. Add points from your research to the template.

4.) Talk to other Zambrano carers. Add points from them to the template.

5.) Rewrite the skeleton argument and witness statement. Use the AI to check for grammar and readability.

6.) If you can afford it (or qualify for legal aid), hire a lawyer to review your draft submissions.

7.) Submit your bundle to the Court. Send a copy to the Home Office.

Tina87
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Nigeria

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

Post by Tina87 » Mon Jun 19, 2023 3:32 pm

marcidevpal wrote:
Mon Jun 19, 2023 7:08 am
Tina87 wrote:
Sun Jun 18, 2023 7:46 pm
You may also want to get in contact with people on this thread who were successful recently.

- Ask to see a copy of their submissions / skeleton arguments.
- Ask them what points their judges agreed with most strongly.
- Rewrite and resubmit your skeleton argument to use those same points (if applicable).
- With their permission, reference their cases in your updated skeleton argument.

*You may need to request permission to resubmit. It has been so long since you first submitted, I would think it should be ok.


I will leave it like that as you are the only one who actually is helpful at the moment as others are silent.

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

Post by marcidevpal » Mon Jun 19, 2023 4:00 pm

chopwell20 wrote:
Wed May 24, 2023 2:33 pm
Hiya NAD!

If you have some time, can you contact Tina and share some further insights into how you won?
Tina87 wrote:
Thu May 25, 2023 1:19 pm

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