Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Miss-Suz]

I am almost done with my form. On page 8 it says the following:
E. New Matters

Please describe in this box any new reasons for:
wishing to enter or remain in the UK, or
grounds on which you should be permitted to enter or remain in the UK, or
grounds on which you should not be removed from or required to leave the UK provided that you have already informed the Home Office about these reasons in response to a notice served on you in terms of section 120 of the Nationality, Immigration and Asylum Act 2002

Do you think I should file that part?

You could mention that the Zambrano right to reside ends when free movement ends on 31 December 2020. The Secretary of State's refusal potentially puts you at risk for deportation from 1 January 2020.

That’s great thank you so much Lolwe

[Miss-Suz]

One last thing Lolwe, I’m so sorry to bother you.
They ask for my Home office reference which should be in that format 00000000++++++++ but since my son is link to my application should I just started by the digits slash the last 2 digits of his reference?
Like this: (this is just an example, not my real reference)
024630823/24

Cause I feel like I have to mention his Home Office reference number too

Any idea?

[lolwe]

One last thing Lolwe, I’m so sorry to bother you.
They ask for my Home office reference which should be in that format 00000000++++++++ but since my son is link to my application should I just started by the digits slash the last 2 digits of his reference?
Like this: (this is just an example, not my real reference)
024630823/24

Cause I feel like I have to mention his Home Office reference number too

Any idea?

I don't think you should alter your reference number. If you don't have room in the first explanation box, add his HO reference number to the second explanation box, the one that asked you for new information.

CORRECTION - THIS SHOULD BE 1 January 2021, not 2020

You could mention that the Zambrano right to reside ends when free movement ends on 31 December 2020. The Secretary of State's refusal potentially puts you at risk for deportation from 1 January 2020.

[lolwe]

One last thing Lolwe, I’m so sorry to bother you.
They ask for my Home office reference which should be in that format 00000000++++++++ but since my son is link to my application should I just started by the digits slash the last 2 digits of his reference?
Like this: (this is just an example, not my real reference)
024630823/24

Cause I feel like I have to mention his Home Office reference number too

Any idea?

I don't think you should alter your reference number. If you don't have room in the first explanation box, add his HO reference number to the second explanation box, the one that asked you for new information.

CORRECTION - THIS SHOULD BE 1 January 2021, not 2020

You could mention that the Zambrano right to reside ends when free movement ends on 31 December 2020. The Secretary of State's refusal potentially puts you at risk for deportation from 1 January 2020.

Actually, if someone who knows the details around Home Office reference numbers told you to do so, then go ahead. I just don't know enough about HO Reference numbers to say it sounds like a good idea. Cheers!

[Miss-Suz]

One last thing Lolwe, I’m so sorry to bother you.
They ask for my Home office reference which should be in that format 00000000++++++++ but since my son is link to my application should I just started by the digits slash the last 2 digits of his reference?
Like this: (this is just an example, not my real reference)
024630823/24

Cause I feel like I have to mention his Home Office reference number too

Any idea?

I don't think you should alter your reference number. If you don't have room in the first explanation box, add his HO reference number to the second explanation box, the one that asked you for new information.

CORRECTION - THIS SHOULD BE 1 January 2021, not 2020

You could mention that the Zambrano right to reside ends when free movement ends on 31 December 2020. The Secretary of State's refusal potentially puts you at risk for deportation from 1 January 2020.

Actually, if someone who knows the details around Home Office reference numbers told you to do so, then go ahead. I just don't know enough about HO Reference numbers to say it sounds like a good idea. Cheers!

Okay,
Cause for the administrative review they say if you have a dependent included in your application you should just add their two last digits at the end with slash between

[Miss-Suz]

One last thing Lolwe, I’m so sorry to bother you.
They ask for my Home office reference which should be in that format 00000000++++++++ but since my son is link to my application should I just started by the digits slash the last 2 digits of his reference?
Like this: (this is just an example, not my real reference)
024630823/24

Cause I feel like I have to mention his Home Office reference number too

Any idea?

I don't think you should alter your reference number. If you don't have room in the first explanation box, add his HO reference number to the second explanation box, the one that asked you for new information.

CORRECTION - THIS SHOULD BE 1 January 2021, not 2020

You could mention that the Zambrano right to reside ends when free movement ends on 31 December 2020. The Secretary of State's refusal potentially puts you at risk for deportation from 1 January 2020.

Actually, if someone who knows the details around Home Office reference numbers told you to do so, then go ahead. I just don't know enough about HO Reference numbers to say it sounds like a good idea. Cheers!

Okay,
Cause for the administrative review they say if you have a dependent included in your application you should just add their two last digits at the end with slash between

For the tribunal appeal it doesn’t say anything about it. Anyway I’ll add his onto the skeleton argument

[Fustrated2019]

@lowe

I have been a Zambrano carer for 8 years . I was granted family life at my appeal for asylum application. The letter doesn’t mention any routes . It just says I have been granted 30 months under family life and link for when I need to renew . It’s my first leave under family life . Prior to that I had a student visa that expired . I was without leave for a few years until I was able to get a British passport for my child .

Thank you so much

Wow! You have been a Zambrano carer for 8 years!

Leave outside the rules (LOTR for EUSS (Appendix EU)
You should ask for leave outside the rules based on the fact that you have been legally resident as a Zambrano carer for 8 years. I don't think the Home Office will grant you leave outside the rules. If they refuse, you can go to court and argue that you should be given leave outside the rules, or be guaranteed the right to apply for settlement in 2022 when your current leave expires.

10 Years Residence
It may be easier to go for the 10 years long residence route. See https://www.gov.uk/long-residence

In 2 years, you should qualify for indefinite leave to remain under the 10 year long residence route.

You can apply to settle in the UK if you've been in the UK legally for 10 continuous years (known as 'long residence').

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You must also have:

been in the UK legally for 10 years (known as your ‘continuous residence’)
kept to the terms of your UK visa

If you’re aged 18 to 65 years old, you must:

pass the Life in the UK Test
prove you have sufficient English language skills

@lolwe thank you so much .

Sorry to sound stupid do I apply for it using EUSS paper application? If not can you put a link with the application form please ? My child is 8 years old . You are a life saver . Thank you again

[lolwe]

@lowe

I have been a Zambrano carer for 8 years . I was granted family life at my appeal for asylum application. The letter doesn’t mention any routes . It just says I have been granted 30 months under family life and link for when I need to renew . It’s my first leave under family life . Prior to that I had a student visa that expired . I was without leave for a few years until I was able to get a British passport for my child .

Thank you so much

Wow! You have been a Zambrano carer for 8 years!

Leave outside the rules (LOTR for EUSS (Appendix EU)
You should ask for leave outside the rules based on the fact that you have been legally resident as a Zambrano carer for 8 years. I don't think the Home Office will grant you leave outside the rules. If they refuse, you can go to court and argue that you should be given leave outside the rules, or be guaranteed the right to apply for settlement in 2022 when your current leave expires.

10 Years Residence
It may be easier to go for the 10 years long residence route. See https://www.gov.uk/long-residence

In 2 years, you should qualify for indefinite leave to remain under the 10 year long residence route.

You can apply to settle in the UK if you've been in the UK legally for 10 continuous years (known as 'long residence').

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You must also have:

been in the UK legally for 10 years (known as your ‘continuous residence’)
kept to the terms of your UK visa

If you’re aged 18 to 65 years old, you must:

pass the Life in the UK Test
prove you have sufficient English language skills

@lolwe thank you so much .

Sorry to sound stupid do I apply for it using EUSS paper application? If not can you put a link with the application form please ? My child is 8 years old . You are a life saver . Thank you again

Hi Fustrated2019,

LOTR
Do you mean the Leave Outside the Appendix EU Rules? There is no link for sending the letter. You applied for EUSS and you were refused. You were offered Administrative Review. You can send the letter in with your Administrative Review application.

You can also contact the Home Office directly and ask them how to send in your letter. Here is the link to contact them - https://eu-settled-status-enquiries.ser ... v.uk/start

The Home Office also have a list of organisations that might be able to answer your questions - https://www.gov.uk/help-eu-settlement-scheme

Indefinite Leave to Remain - Long residence
Use this form if you have lived in the UK lawfully for 10 years continuously and now want to apply to settle in the UK - https://visas-immigration.service.gov.uk/product/set-lr

Get help preparing your application
https://www.gov.uk/assisted-digital-hel ... plications

[lolwe]

6. If you believe that the Home Office decision is restricting your rights under the EEA right to free movement please explain below why. If you believe the decision on your EU Settlement Scheme application was not in accordance with the settlement scheme rules please explain why.

Draft 6 - less than 2000 characters

I am the sole carer of a British citizen daughter born DD MM YYYY and a ??? child son born DD MM YYYY. My British daughter and I have a relationship of dependency which would, in fact, compel my daughter to leave the UK with her mother if I were to leave the UK. My son would also leave.

My son and I applied for settlement on DD MM YYYY and were refused on DD MM YYYY. The basis for our refusals is that I have not applied for leave to remain under Appendix FM. SSHD grants some Zambrano carers settlement while asking others to apply under Appendix FM. The policy is applied indiscriminately and in an irrational manner. Furthermore, if I were granted LTR under Appendix FM, I would no longer qualify for settlement under Appendix EU.

The Secretary of State reasoned that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK. In doing so, she sought to gain assistance from the Court of Appeal judgment in Patel v SSHD [2017] EWCA Civ 2028). The SSHD, backed by the Court of Appeal's judgements in Patel and Shah, argued that a derivative right of residence is a right of last resort which would only apply if a person has no other means to remain lawfully in the UK.

The declaratory effect of the Supreme Court's decision is such that, the fact that I may be able to establish an alternative basis for remaining in the UK does not detract from my EU right of residence derived from the effect of my British citizen child being unable to remain in the UK. The SSHD's policy that a Zambrano carer must first make an unsuccessful fee-paid human rights application before an application under the 2016 Regulations can be submitted is unlawful. Per Judge Neville, the SSHD's guidance contains legal principles which are ‘unsupported by, and in some cases completely at odds with, previous authority.’

References

• Patel, Shah v SSHD (2017, 2019)

• Judge Neville (2020)

• Judge Grubb (2020)

Have you also looked at the 10 year route to indefinite leave to remain?

[Miss-Suz]

6. If you believe that the Home Office decision is restricting your rights under the EEA right to free movement please explain below why. If you believe the decision on your EU Settlement Scheme application was not in accordance with the settlement scheme rules please explain why.

Draft 6 - less than 2000 characters

I am the sole carer of a British citizen daughter born DD MM YYYY and a ??? child son born DD MM YYYY. My British daughter and I have a relationship of dependency which would, in fact, compel my daughter to leave the UK with her mother if I were to leave the UK. My son would also leave.

My son and I applied for settlement on DD MM YYYY and were refused on DD MM YYYY. The basis for our refusals is that I have not applied for leave to remain under Appendix FM. SSHD grants some Zambrano carers settlement while asking others to apply under Appendix FM. The policy is applied indiscriminately and in an irrational manner. Furthermore, if I were granted LTR under Appendix FM, I would no longer qualify for settlement under Appendix EU.

The Secretary of State reasoned that a derivative right to reside is a right of last resort which only applies if a person has no other means to remain lawfully in the UK. In doing so, she sought to gain assistance from the Court of Appeal judgment in Patel v SSHD [2017] EWCA Civ 2028). The SSHD, backed by the Court of Appeal's judgements in Patel and Shah, argued that a derivative right of residence is a right of last resort which would only apply if a person has no other means to remain lawfully in the UK.

The declaratory effect of the Supreme Court's decision is such that, the fact that I may be able to establish an alternative basis for remaining in the UK does not detract from my EU right of residence derived from the effect of my British citizen child being unable to remain in the UK. The SSHD's policy that a Zambrano carer must first make an unsuccessful fee-paid human rights application before an application under the 2016 Regulations can be submitted is unlawful. Per Judge Neville, the SSHD's guidance contains legal principles which are ‘unsupported by, and in some cases completely at odds with, previous authority.’

References

• Patel, Shah v SSHD (2017, 2019)

• Judge Neville (2020)

• Judge Grubb (2020)

Have you also looked at the 10 year route to indefinite leave to remain?

Morning Lolwe,
Oh thank you so much for all this effort you put for us, you’re an angel sent from God
I did not looked at the 10 year route, Because, between 2016 and 2018 I was fighting my previous case through appeal so I thought this would be a gap and won’t count. I have been living here for 12 yrs

[Fustrated2019]

@lowe

I have been a Zambrano carer for 8 years . I was granted family life at my appeal for asylum application. The letter doesn’t mention any routes . It just says I have been granted 30 months under family life and link for when I need to renew . It’s my first leave under family life . Prior to that I had a student visa that expired . I was without leave for a few years until I was able to get a British passport for my child .

Thank you so much

Wow! You have been a Zambrano carer for 8 years!

Leave outside the rules (LOTR for EUSS (Appendix EU)
You should ask for leave outside the rules based on the fact that you have been legally resident as a Zambrano carer for 8 years. I don't think the Home Office will grant you leave outside the rules. If they refuse, you can go to court and argue that you should be given leave outside the rules, or be guaranteed the right to apply for settlement in 2022 when your current leave expires.

10 Years Residence
It may be easier to go for the 10 years long residence route. See https://www.gov.uk/long-residence

In 2 years, you should qualify for indefinite leave to remain under the 10 year long residence route.

You can apply to settle in the UK if you've been in the UK legally for 10 continuous years (known as 'long residence').

You must have permission to stay (‘leave to remain’). This can be in any immigration category, or a combination of different immigration categories.

You must also have:

been in the UK legally for 10 years (known as your ‘continuous residence’)
kept to the terms of your UK visa

If you’re aged 18 to 65 years old, you must:

pass the Life in the UK Test
prove you have sufficient English language skills

@lolwe thank you so much .

Sorry to sound stupid do I apply for it using EUSS paper application? If not can you put a link with the application form please ? My child is 8 years old . You are a life saver . Thank you again

Hi Fustrated2019,

LOTR
Do you mean the Leave Outside the Appendix EU Rules? There is no link for sending the letter. You applied for EUSS and you were refused. You were offered Administrative Review. You can send the letter in with your Administrative Review application.

You can also contact the Home Office directly and ask them how to send in your letter. Here is the link to contact them - https://eu-settled-status-enquiries.ser ... v.uk/start

The Home Office also have a list of organisations that might be able to answer your questions - https://www.gov.uk/help-eu-settlement-scheme

Indefinite Leave to Remain - Long residence
Use this form if you have lived in the UK lawfully for 10 years continuously and now want to apply to settle in the UK - https://visas-immigration.service.gov.uk/product/set-lr

Get help preparing your application
https://www.gov.uk/assisted-digital-hel ... plications

I didn’t apply for administrative review neither did I appeal . I was refused in September. Do you think it is a good idea to re apply and include the letter in it . Sorry for all the questions.

@lolwe I don’t know how to say thank you .
Thank you so much

[lolwe]

Have you also looked at the 10 year route to indefinite leave to remain?

Morning Lolwe,
Oh thank you so much for all this effort you put for us, you’re an angel sent from God
I did not looked at the 10 year route, Because, between 2016 and 2018 I was fighting my previous case through appeal so I thought this would be a gap and won’t count. I have been living here for 12 yrs

Wow!! 12 years! You really should make that clear in your application. If you went in to the court case with a legal status, then your status remained legal while you were fighting your court case. Can you remember what your status was before you started the court cases?

You are about to file a new case with the First Tier Tribunal. Your Zambrano right to reside expires on 31 December 2020. However, because you have a pending court case, your right to remain and work in the UK continues after 31 December 2020. That is why Zambrano carers should file their court claims before 31 December 2020.

Even if you do not win on this challenge before the FTT (which you are likely to win), it seems you may qualify under the 10 year long residence route.

[lolwe]

I didn’t apply for administrative review neither did I appeal . I was refused in September. Do you think it is a good idea to re apply and include the letter in it . Sorry for all the questions.

@lolwe I don’t know how to say thank you .
Thank you so much

Plan A
Yes, you are late on your administrative review. You can contact them and ask them to accept your administrative review anyway. It has only been a couple of months. They miss their deadlines, too.

They may allow you to file your admin review late. They may say no. But you should try anyway. It is a waste of everyone's time for you to apply again, with the exact same information.

The letter is not ready yet. I will try another draft later today.

Plan B
I think you may be allowed to send this type of letter without a formal application.

Plan C
Wait another two years and apply for indefinite leave to remain under the 'long residence' route (Set LR).

[Miss-Suz]

Have you also looked at the 10 year route to indefinite leave to remain?

Morning Lolwe,
Oh thank you so much for all this effort you put for us, you’re an angel sent from God
I did not looked at the 10 year route, Because, between 2016 and 2018 I was fighting my previous case through appeal so I thought this would be a gap and won’t count. I have been living here for 12 yrs

Wow!! 12 years! You really should make that clear in your application. If you went in to the court case with a legal status, then your status remained legal while you were fighting your court case. Can you remember what your status was before you started the court cases?

You are about to file a new case with the First Tier Tribunal. Your Zambrano right to reside expires on 31 December 2020. However, because you have a pending court case, your right to remain and work in the UK continues after 31 December 2020. That is why Zambrano carers should file their court claims before 31 December 2020.

Even if you do not win on this challenge before the FTT (which you are likely to win), it seems you may qualify under the 10 year long residence route.

Hi Lolwe,
Sure, you are right. I can rely on this in the worst case scenario.
Thank you so much for everything. I finally sent the appeal form online.
I now have to send the refusal notice and some supporting documents. Do you think by e-mail will be best rather than by post?

[lolwe]

Have you also looked at the 10 year route to indefinite leave to remain?

Morning Lolwe,
Oh thank you so much for all this effort you put for us, you’re an angel sent from God
I did not looked at the 10 year route, Because, between 2016 and 2018 I was fighting my previous case through appeal so I thought this would be a gap and won’t count. I have been living here for 12 yrs

Wow!! 12 years! You really should make that clear in your application. If you went in to the court case with a legal status, then your status remained legal while you were fighting your court case. Can you remember what your status was before you started the court cases?

You are about to file a new case with the First Tier Tribunal. Your Zambrano right to reside expires on 31 December 2020. However, because you have a pending court case, your right to remain and work in the UK continues after 31 December 2020. That is why Zambrano carers should file their court claims before 31 December 2020.

Even if you do not win on this challenge before the FTT (which you are likely to win), it seems you may qualify under the 10 year long residence route.

Hi Lolwe,
Sure, you are right. I can rely on this in the worst case scenario.
Thank you so much for everything. I finally sent the appeal form online.
I now have to send the refusal notice and some supporting documents. Do you think by e-mail will be best rather than by post?

Hi Miss Suz, Congrats on submitting your challenge! I agree email is best. They should give you an email confirmation.

[Miss-Suz]

Morning Lolwe,
Oh thank you so much for all this effort you put for us, you’re an angel sent from God
I did not looked at the 10 year route, Because, between 2016 and 2018 I was fighting my previous case through appeal so I thought this would be a gap and won’t count. I have been living here for 12 yrs

Wow!! 12 years! You really should make that clear in your application. If you went in to the court case with a legal status, then your status remained legal while you were fighting your court case. Can you remember what your status was before you started the court cases?

You are about to file a new case with the First Tier Tribunal. Your Zambrano right to reside expires on 31 December 2020. However, because you have a pending court case, your right to remain and work in the UK continues after 31 December 2020. That is why Zambrano carers should file their court claims before 31 December 2020.

Even if you do not win on this challenge before the FTT (which you are likely to win), it seems you may qualify under the 10 year long residence route.

Hi Lolwe,
Sure, you are right. I can rely on this in the worst case scenario.
Thank you so much for everything. I finally sent the appeal form online.
I now have to send the refusal notice and some supporting documents. Do you think by e-mail will be best rather than by post?

Hi Miss Suz, Congrats on submitting your challenge! I agree email is best. They should give you an email confirmation.

I am grateful to you Lolwe, I couldn’t have done it without you.
I’ll keep you posted

[lolwe]

Wow!! 12 years! You really should make that clear in your application. If you went in to the court case with a legal status, then your status remained legal while you were fighting your court case. Can you remember what your status was before you started the court cases?

You are about to file a new case with the First Tier Tribunal. Your Zambrano right to reside expires on 31 December 2020. However, because you have a pending court case, your right to remain and work in the UK continues after 31 December 2020. That is why Zambrano carers should file their court claims before 31 December 2020.

Even if you do not win on this challenge before the FTT (which you are likely to win), it seems you may qualify under the 10 year long residence route.

Hi Lolwe,
Sure, you are right. I can rely on this in the worst case scenario.
Thank you so much for everything. I finally sent the appeal form online.
I now have to send the refusal notice and some supporting documents. Do you think by e-mail will be best rather than by post?

Hi Miss Suz, Congrats on submitting your challenge! I agree email is best. They should give you an email confirmation.

I am grateful to you Lolwe, I couldn’t have done it without you.
I’ll keep you posted

Yes, please do keep me posted. You are officially an expert on Zambrano! Too bad it's ending soon

[olaboy]

Thank you God bless you
i will like to go for the administrative review, Can you help me through to fill the AR Form online
Thanks

Hi Olaboy,

You should know the First Tier Tribunal says you must appeal an immigration refusal decision within 14 days. The Home Office have up to 28 days to decide your Administrative Review. Sometimes, they take longer than 28 days. You may want to contact the First Tier Tribunal and ask them if you should wait for the AR to finish before lodging a legal claim against the Home Office in the First Tier Tribunal.

I think the online AR application does not give you a lot of space.

First, I would state clearly that I am a Zambrano carer, as of Day-Month-Year.

Second, I would ask the Home Office to review three key and recent rulings on the right to reside:
1.) the Supreme Court in Patel, Shah v SSHD,
2.) Judge Grubb of the Upper Tribunal in Mohamed v SSHD and
3.) Judge Neville of the First Tier Tribunal. Judge Neville looked at many cases. Halcyon Chambers represented the Zambrano carers.

Third, if I still had space, I would include a quote by one of the judges that clearly says the Zambrano right is NOT a right of last resort.

References

• Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

• Mohamed v Secretary of State for the Home Department [2020] UKUT (28 Jul 2020) - https://tribunalsdecisions.service.gov. ... 04149-2019

• https://www.halcyonchambers.com/2020/04 ... -unlawful/

Hello lolwe
Thank you for all your assistance,please can you explain the number two more for me
.) Judge Grubb of the Upper Tribunal in Mohamed v SSHD and
Thanks

[lolwe]

Thank you God bless you
i will like to go for the administrative review, Can you help me through to fill the AR Form online
Thanks

Hi Olaboy,

You should know the First Tier Tribunal says you must appeal an immigration refusal decision within 14 days. The Home Office have up to 28 days to decide your Administrative Review. Sometimes, they take longer than 28 days. You may want to contact the First Tier Tribunal and ask them if you should wait for the AR to finish before lodging a legal claim against the Home Office in the First Tier Tribunal.

I think the online AR application does not give you a lot of space.

First, I would state clearly that I am a Zambrano carer, as of Day-Month-Year.

Second, I would ask the Home Office to review three key and recent rulings on the right to reside:
1.) the Supreme Court in Patel, Shah v SSHD,
2.) Judge Grubb of the Upper Tribunal in Mohamed v SSHD and
3.) Judge Neville of the First Tier Tribunal. Judge Neville looked at many cases. Halcyon Chambers represented the Zambrano carers.

Third, if I still had space, I would include a quote by one of the judges that clearly says the Zambrano right is NOT a right of last resort.

References

• Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)

• Mohamed v Secretary of State for the Home Department [2020] UKUT (28 Jul 2020) - https://tribunalsdecisions.service.gov. ... 04149-2019

• https://www.halcyonchambers.com/2020/04 ... -unlawful/

Hello lolwe
Thank you for all your assistance,please can you explain the number two more for me
.) Judge Grubb of the Upper Tribunal in Mohamed v SSHD and
Thanks

Hi Olaboy,

Patel v SSHD
The Court of Appeal said the Zambrano right is a right of last resort in 2017. The Home Office also argued since 2017 that the Zambrano right is a right of last resort. The Supreme Court overruled the Supreme Court in December 2019.

Mohamed v SSHD
Judge Lever of the First Tier Tribunal read the Court of Appeal's ruling and said the Zambrano right is a right of last resort. Judge Lever did not see the Supreme Court ruling. Judge Lever ruled against Mohamed and the Home Office won.

Mohamed then appealed his loss to the Upper Tribunal. Judge Grubb of the Upper Tribunal said that Judge Lever was wrong to say the Zambrano right is a right of last resort. Judge Grubb said Judge Lever had not seen the Supreme Court's ruling, so it was not 100% Judge Lever's fault for making that mistake.

Judge Grubb of the Upper Tribunal and Judge Neville of the First Tier Tribunal both read the Supreme Court ruling and said it means that the Zambrano right is NOT a right of last resort. Nonetheless, some judges in the First Tier Tribunal and Upper Tribunal may still disagree with them.

[LULUBABY]

Hi all, I received another email from the HO legal dept with the Respondent’s Application Notice they filed with the Upper Tribunal attached.
They asked the tribunal to extend the time for filing the Respondent’s Acknowledgement of service to 10th of December 2020.
“Regrettably, although the Respondent was aiming to file the Acknowledgement of Service by 3 December 2020, but unfortunately this has not been possible as further advice is required from a number of Home Office departments.
It is respectfully submitted that the Applicant’s would not be prejudiced by the short grant of the extension of time and it is in the public interest to permit the to fully respond to the Applicant’s case by way of her Acknowledgement of Service when filed”.

[LULUBABY]

I just realised I didn’t type out their letter in full.
PART C - EVIDENCE
“ The Respondent is currently engaged in internal discussions in relation to how to proceed with this case. Rather than complicate this litigation or waste the Tribunal’s time, the Respondent requests that a short extension would help her finalise her position with respect to the progress of this case and save both the Tribunal’s time and the Applicant’s time in the longer them.

The Respondent submits that the extension of time sought is relatively short and accordingly this delay in filing the Acknowledgement Service does not prejudice the Applicant.

The court is respectfully requested to grant the extension of time sought. A draft order is attached”.

[LULUBABY]

I had less than 10 days to act since my EUSS refusal was almost getting to 3 months so I quickly submitted my PAP on the 11th October, gave HO 7 days and immediately applied for JR before the 7th days expired.
It just feels like it’s been ages.
The Upper Tribunal staff were kind and helpful. They asked me to just submit the T480 form quickly without the bundle in order to meet the deadline. They then asked me to email my bundle, unfortunately I ended up submitting those bundles in bits over some days. At times I didn’t even know the bundle did not attach and sent them empty emails until they notified me. They asked me to call them if I needed guidance and I did. Afterwards when the bundle was complete, I paid the £154 fee.
My Secretary (my 7 1/2 year old) was helpful too, reminding me to “shuffle your bum mummy, the black pen you are looking for is behind you. You are sitting on it”.
Everything I used for the bundle was from this forum.
The waiting continues. Fingers and everything crossed.
It’s been a rollercoaster....
Thank you all for bearing with me and being there for me every step of the way.

[Greatgreat]

I had less than 10 days to act since my EUSS refusal was almost getting to 3 months so I quickly submitted my PAP on the 11th October, gave HO 7 days and immediately applied for JR before the 7th days expired.
It just feels like it’s been ages.
The Upper Tribunal staff were kind and helpful. They asked me to just submit the T480 form quickly without the bundle in order to meet the deadline. They then asked me to email my bundle, unfortunately I ended up submitting those bundles in bits over some days. At times I didn’t even know the bundle did not attach and sent them empty emails until they notified me. They asked me to call them if I needed guidance and I did. Afterwards when the bundle was complete, I paid the £154 fee.
My Secretary (my 7 1/2 year old) was helpful too, reminding me to “shuffle your bum mummy, the black pen you are looking for is behind you. You are sitting on it”.
Everything I used for the bundle was from this forum.
The waiting continues. Fingers and everything crossed.
It’s been a rollercoaster....
Thank you all for bearing with me and being there for me every step of the way.

Hello @@lulubaby, I'm sure you must be exhausted by all these. I do hope and pray they just realise their mistake and not waste anymore time and just grant your leave already. Wishing you all the best.

[Greatgreat]

Please I need an input from everyone waiting to hear from ho or court, incase you have had this experience. My leave is expiring soon in 2 weeks. I still have my euss application pending and my drf 1 appeal awaiting. I am just worried about my work. If EUSS is refused too, how do I proof my legal rights to my employer. They started to remind me about extension since 1st week in October and no doubt the hr will contact me again soon.
Please I need help

[LULUBABY]

Please I need an input from everyone waiting to hear from ho or court, incase you have had this experience. My leave is expiring soon in 2 weeks. I still have my euss application pending and my drf 1 appeal awaiting. I am just worried about my work. If EUSS is refused too, how do I proof my legal rights to my employer. They started to remind me about extension since 1st week in October and no doubt the hr will contact me again soon.
Please I need help

I had the same problem, remember I have no leave, my EUSS application was refused, my Zambrano EEA DRF1 application and AR has not been responded to so I have no COA.

I was worried like you when HR asked me about the renewal of my leave that expired in July 2020. I told them my application was with the home Office but they wanted my COA.
In less than 10days I quickly did PAP and put in my JR. Once I served the HO my bundle, I gave HR a copy of my refused EUSS COA and copy of the receipt I used in sending my Zambrano EEA DRF 1 application.

They did their check but because of my JR with the tribunal I was fine.
Hurry up and act from today as soon as you are back from work. Provided the date of your refusal is within 3 months you are fine.
I don’t know about the appeal process because I had no appeal rights hence JR.

Trust me if I could do it in less than 10days, you can do it within 2 weeks. Most times I was crying and shouting ‘Oh my God, Oh my God, please God, please God, help me, help me”.

I made sure I had 2 screens one for typing and sending my bundle and another screen on with this thread open, I had all my jottings with me, so I check on my paper for example and see ‘GREAT GREAT THURSDAY DEC 4 3.26am, page 92’. I click straight away on the thread and page, then read it and take what I need. Then I type it or tweak it as the case may be, then copy and paste. I was so stressed that even opening and minimising pages became complicated for me hence having to use 2 screens.
I made sure I left everything where they were until I served my bundle. I didn’t even close the laptop for fear of losing anything.

My JR is with Upper Tribunal and those guys are helpful. I kept on apologising to them for calling and disturbing them. They asked me not to apologise.

Please hurry, if you have appeal rights also act fast, within 2 weeks so your leave doesn’t expire.