IATF-4 - Permission to appeal If you lose at the First-tier Tribunal and want to appeal to the Upper Tribunal, the Court will give you an IATF-4. You may want to treat it like a cover page. In the box that asks for you can write something like, "Please refer them to the document". When yo...

Possible ways to win 1.) You email the Home Office, they agree with the judge's findings that you are a family member with a right to permanent residence. They grant you settlement. 2.) Or, you win permission to appeal from the First-tier Tribunal. The Upper Tribunal judge agrees the Home Office sh...

Hi Wishfulgirl, You may want to see if you qualify for legal aid. If so, you may want to find a lawyer who will work with you. Your case is strong. Eventhough you lost in the first round, you got your judge to make really important findings of fact. If the Home Office see you have a lawyer behind y...

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 yea...

Correction to #3

marcidevpal wrote: ↑

Sat Jul 08, 2023 11:15 am

Wishfulgirl wrote: ↑

Sat Jul 08, 2023 8:42 am

3.) The fact that Title 2, Chapter 1, Article 15 of the WA gives family members the right to permanent residence after five years and says that the right can not be taken away unless the applicant leaves the UK for 5 years.

Hi Wishfulgirl, Regarding your email to the Home Office, you may want to explain the following: 1.) Eventhough you applied as a Zambrano carer, you are also a family member who completed 5 years residence. Since you obtained the right to permanent residence, your right has not ended. 2.) Highlight ...

Is it just the IAFT-4 I need to fill in for now and send it & wait to see if another First Tier Tribunal judge accept my reasons? Section C on the IAFT-4 mentioned “ state reason for appealing/please state what errors of law ? Hi Wishfulgirl, Yes, you complete the IATF-4 with the details. I can...

I am sure a lot of people have your questions. An application for permission to appeal is about listing all the errors of law that your judge made. Judges have a lot of power. They can take a step back and look at the situation in total. You are appealing a decision under EUSS. You are not appealin...

Forgot. I have another point. Although your judge dismissed your appeal, I think I read that he made a finding of fact. I think your judge AGREES you were in the UK on a residence card as a family member of an EU national. The judge also agrees you lived in the UK for 5 years under this category. I...

If I were you, I would send a super polite email to the Home Office asking them to work with you to resolve the situation. If they refused to work with you, I would open a complaint with the IMA (Independent Monitoring Authority) and send a copy of the refusal to your next judge. https://ima-citize...

Another quick point: Even if the Home Office didn't realise you are a family member when they were processing your Zambrano EUSS application, they have now seen your skeleton argument. They no know. They should have gotten in touch by now to work with you. There is no excuse. The Withdrawal Agreeme...

You are most welcome! If anyone should keep going, it's you, in my opinion. Also, abandoning your appeal at this point looks kindof bad, in my opinion. That paragraph you found is a smoking gun! Way to go! See? You're a natural. Your judge kindof ignored it, no? I thought the judges were comfortabl...

The Human Rights Argument Several months ago, I suggested you argue that the refusal violates your human rights under the European Convention on Human Rights. The reason I said to raise Article 8, is because I wanted the judge to do a balancing exercise. At the time, I hadn't realised Zambrano care...

You may want to do the following: First, fill out the permission to appeal form with your details. Then, open a document in Microsoft Word, Google Docs, etc. Write Errors of Law at the top. (That way the judge knows you know what you are doing.) Make a list of all of the errors of law. Number each ...

The facts are: 1. You achieved five years as either a family member or a “family member who has retained the right of residence” 2. Those five years entitle you to permanent residence under Article 21 TFEU and the 2004 Directive. 3. Once those 5 years are achieved, the right to residence can't be l...

TITLE II - RIGHTS AND OBLIGATIONS CHAPTER 1 - RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS ARTICLE 18 - Issuance of residence documents (1)(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 applicati...

TITLE II - RIGHTS AND OBLIGATIONS CHAPTER 1 - RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS ARTICLE 15 - 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. Your appeal ...

TITLE II - RIGHTS AND OBLIGATIONS CHAPTER 1 - RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS 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...

It’s all still very confusing to me, My head is spinning but I refuse to give up now. Am I able to appeal to the Upper Tribunal? Will the Upper skip over my argument regarding how I entered the UK and my retained rights like the court of appeal did. Will they say well, you didn’t make an applicatio...

TITLE II - RIGHTS AND OBLIGATIONS CHAPTER 1 - RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS ARTICLE 13 - Residence rights 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 ...

TITLE II - RIGHTS AND OBLIGATIONS CHAPTER 1 - RIGHTS RELATED TO RESIDENCE, RESIDENCE DOCUMENTS 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...

Errors of law - Example 1.) FtT judge X did not consider all the relevant facts and circumstances of my application. The judge failed to recognise the rights afforded to me under the Withdrawal Agreement as the family member of an EU citizen. The rights include the following: a.) The right to perma...

ERROR OF LAW: The judge accepts your entry into the UK was facilitated under Union law prior to the transition date. That faciliation entitles you to certain rights. I don't see where your judge addressed this issue. ERROR OF LAW: Eventhough you made an application as a Zambrano carer, the Home Off...

I am so very sorry to hear that, Wishfulgirl! Many, many people struggle with the First-tier Tribunal. The next step would be to identify any errors of law your judge would have made. Then, to apply to the First-tier Tribunal for permission to appeal. And, if they say no, to apply to the Upper Trib...

I would just like to say .... I remember reading a tribunal decision in which the judge said something about Zambrano carers not being able to rely on the Withdrawal Agreement. Presumably, because the judge thought Zambrano carers were not covered by it. My point is, even the judges believed the Wi...