JB007 wrote: ↑

Thu Jan 05, 2023 11:16 am

Wishfulgirl wrote: ↑

Wed Jan 04, 2023 5:12 pm

I went as far as contacting Hackney law centre at the point of refusal & they just said to continue on appendix FM & watch for further steps the akinsanya case. Unfortunately for me I did not renew the leave to remain in April 2022.

There is information about welfare benefits on the Hackney Law Centre site

https://hclc.org.uk/2021/06/zambrano-ca ... d-to-know/

Am I eligible for universal credit?

 
If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

The Fratila case was lost.

 

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

 Yes. A person with a pending EUSS application is not chargeable for NHS treatment:

 regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

 
However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

and in June 2022-
https://hclc.org.uk/2022/06/euss-zambra ... june-2022/

 

I don’t fully understand, does this mean I should be charged NHS fee upon home office decision to reject my Zambrano application even though I am appealing?

Does this also mean I can’t rely on the COA to receive benefits after the leave to remain expired even though there’s a COA in place? Now I’m worried I’m going to be penalised. Surely the COA says it can be use to claim benefits & it remain valid should I decide to appeal or make an administrative review to which I’ve done both.

CAN anyone please tell me if the COA ceases to be valid during the appeal & administrative review process. Because I am really worried now.

Wishfulgirl wrote: ↑

Wed Jan 04, 2023 5:12 pm

I went as far as contacting Hackney law centre at the point of refusal & they just said to continue on appendix FM & watch for further steps the akinsanya case. Unfortunately for me I did not renew the leave to remain in April 2022.

There is information about welfare benefits on the Hackney Law Centre site

https://hclc.org.uk/2021/06/zambrano-ca ... d-to-know/

Am I eligible for universal credit?

 
If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.

But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.

The Fratila case was lost.

 

If I make a Zambrano EUSS application, am I eligible for free NHS treatment

 Yes. A person with a pending EUSS application is not chargeable for NHS treatment:

 regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.

 
However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

and in June 2022-
https://hclc.org.uk/2022/06/euss-zambra ... june-2022/

 

Simplychic wrote: ↑

Sun Jul 10, 2022 8:18 am

There is too much at stake alot of people did not renew their flr, some are now on universal credit while some have applied and gain admission into various universities and got their student loan approved. what will happen to all the changes in people's lives over the last year.

From page 116 on this thread-

JB007 wrote: ↑

Fri Jul 02, 2021 4:50 pm

netqueen wrote: ↑

Fri Jul 02, 2021 1:14 pm

@ Snooky, Has HO lodge the appeal against the Akinsanya case and been barred from going further or they are yet to lodge the appeal or have been prevented from appealing the decision? which is the current situation , Do you happen to know?

The case seems to have been brought by the Hackney Community Law Centre
https://www.bailii.org/ew/cases/EWHC/Ad ... /1535.html

You can read about the case on their site and the facts about what this means at the moment
https://hclc.org.uk/2021/06/zambrano-ca ... d-to-know/

I assume the information on that hclc link dated June 2021, is still relevant?-

Am I eligible for universal credit?


If you have limited leave to remain with no prohibition on recourse to public funds, then you are eligible for universal credit on the same terms as a British citizen. Making a Zambrano EUSS application does not affect this. If the Zambrano EUSS application is eventually granted (after the Home Office has reconsidered Appendix EU) and you are given ‘settled status’ because you have been a Zambrano carer for more than 5 years, then your eligibility for benefits will not change.


But, if you are eventually given only ‘pre-settled status’, this kind of leave to remain may not count as eligibility for universal credit. Under the current Universal Credit Regulations it does not count, but a case before the Supreme Court called Fratila may lead to a change in this law.



If I make a Zambrano EUSS application, am I eligible for free NHS treatment



Yes. A person with a pending EUSS application is not chargeable for NHS treatment:

regulation 13A(1) of the NHS (Charges to Overseas Visitors) Regulations 2015 (as amended by S.I. 2020/1423). If the application is granted then any charges recovered for services from the date of the EUSS application must be repaid.



However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).

For those wanting to work, there is information on there too about that. but again, that article was written a year ago.

apollo_alpha wrote: ↑

Tue Jan 25, 2022 11:43 am

WE WON!!!!!!!!!!!!!!!!!!

Akinsanya judgment in Court of Appeal: Home Secretary must re-think EUSS rules for Zambrano carers



The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’). The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers. This could have a positive impact on thousands of parents of British citizen children in the UK.

A ‘Zambrano carer’ is a non-EEA national parent or carer of a dependent British citizen child, where the British citizen would be unable to reside in the UK if the carer had to leave. Following the European Court of Justice’s decision in Ruiz Zambrano v Office National de l’Emploi (C-34/09) [2012] QB 265, Zambrano carers have been recognised to have a right to reside under EU law. The Zambrano judgment was given effect in UK law through amendments to the Immigration (European Economic Area) Regulations in 2012 and 2016.

Following Brexit, the Home Secretary had intended to extend EUSS leave to all Zambrano carers. However, the EUSS Rules were drafted so as to exclude anyone who already had leave to remain on another basis (for example on private and family life grounds under Article 8 of the European Convention on Human Rights). This excluded a significant number of third country national parents of British citizen children, including Ms Akinsanya, who would otherwise have been eligible for settled status under the EUSS. Settled status is far preferable to limited leave to remain, because it does not have a ‘no recourse to public funds’ condition and does not require expensive renewal applications.

The Court of Appeal found that, in setting the EUSS Rules, the Home Secretary had misinterpreted the Zambrano provisions under UK law, which did not expressly or impliedly exclude those with existing leave to remain from Zambrano rights. However, the Court found that the Home Secretary had correctly interpreted the scope of the Zambrano right under EU law, which only arises where the carer has no domestic (or other EU) right to reside.

The Home Secretary has previously confirmed to the Court that she would re-consider the EUSS rules in light of the Court’s judgment. She has not sought permission to appeal to the Supreme Court. Ms Akinsanya has applied for permission to appeal solely on the question of EU law.

Hackney Law Centre (who represent Ms Akinsanya) is seeking information as to the timescale for the Home Secretary’s reconsideration process and will circulate an update as soon as available. In the meantime, potential Zambrano carers who have not already applied for pre-settled or settled status under the EUSS should seek urgent legal advice.

What does this mean for my application/my client’s application?

At the moment, we are unable to say how the judgement will affect individual applications. The Secretary of State must now reconsider the policy and rules but there are a variety of options available to her, provided that the new policy/rules are lawful.