Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Greatgreat]

My EUSS application has just been refused. I have right of appeal and administrative review.. @lulubaby.. we are now officially twins
Time to get started with appeal. I'm wondering if I can merge the 2 appeals together. Pease I need advises

Mhhhh, so sad. Thank God you have appeal rights. What was their reason?.

They said that because I am already on appendix fm and that the extension is likely to be successful, so there isn't the need for my son to leave the country or what. Basically the copy and paste of direction to make appendix fm application

[Greatgreat]

I called the court today and my drf 1 appeal hasn't even been allocated anywhere yet. And now this! I am definitely going to try and get money from my credit union tomorrow to renew appendix fm. Especially with the delays with the court and I am really scared of ho asking my employer to stop me from working, I know someone this happened to. I dont ever want to go to council for help and feel helpless..I better look for that money. But i will still go on with my EUSS appeal.
Goodluck to everyone x

[lolwe]

I called the court today and my drf 1 appeal hasn't even been allocated anywhere yet. And now this! I am definitely going to try and get money from my credit union tomorrow to renew appendix fm. Especially with the delays with the court and I am really scared of ho asking my employer to stop me from working, I know someone this happened to. I dont ever want to go to council for help and feel helpless..I better look for that money. But i will still go on with my EUSS appeal.
Goodluck to everyone x

If you renew your LTR under Appendix FM, you can not qualify for LTR under EUSS(Appendix EU). The EUSS (Appendix EU) rule states that Zambrano carers can not have LTR under another part of the Immigration Rules. Your LTR under Appendix FM will disqualify you from EUSS.

[lolwe]

@lolwe, how does the HO get their bundle in appeal cases? Does the FTT send the HO a copy the appellant submits to them(FTT) or the appellant has to prepare two bundles and send one to the FTT and another to the HO. Just wondering how the HO gets their bundles when an immigrant challenges their decision at the FTT.

The First-tier Tribunal (Immigration and Asylum Chamber) (‘F-tTIAC’)

Things are changing quickly. You may want to email them to be sure - customer.service@justice.gov.uk. If your hearing is in London, try FieldHouseCorrespondence@justice.gov.uk

From what I know, how you serve your bundle depends on whether you are part of the new pilot scheme or not. If you are part of the pilot scheme, you upload your documents to their portal and the Home Office can see it:

Documents are not filed with the Tribunal and served upon the other party under this Pilot; a document is provided by uploading it to the online system in a legible form, whereupon email notification is automatically sent to the parties that a new document has become available.

Once lodged the Respondent will be directed to file their bundle within 14 days, which is checked by an allocated Tribunal caseworker before being sent to the Appellant. If the bundle is incomplete the Respondent is directed to amend it.

The Appellant then has 28 days from when the Respondent’s bundle is provided, or 42 days after the notice of appeal, toupload a bundle and skeleton argument. Once a bundle is uploaded further evidence can be submitted if it becomes available. There is no provision to remove documents so the master bundle becomes huge.

[LULUBABY]

My EUSS application has just been refused. I have right of appeal and administrative review.. @lulubaby.. we are now officially twins
Time to get started with appeal. I'm wondering if I can merge the 2 appeals together. Pease I need advises

Do you currently have leave to remain?

Yes. It expiring on Saturday this week.

@Greatgreat, this is so frustrating. Was it not the same guidance that they read which says if your Leave to remain (LTR) is less than 28 days then they have to give you settled status or pre settled essentially the one you ought to have ?
In that same guidance they have used the fact that you had LTR and conveniently not read the part that favours you. So annoying, but you will surely prevail.

Netqueen that is HO for you. You have said it all, they leave out the part that favours us. They know what they are doing, they are out to frustrate and make us give up, in a bid to reduce the number of applications that end up receiving settlement.
We shall overcome.

[LULUBABY]

Thanks Sebel. It was my first 2.5ltr.

@@lulubaby, if you are working full time earn about £18600 a year before tax, your leave to remain can still be reduced to 5years if meet a good solicitors. Mine was reduced as well otherwise I could have been left with 2 more renewals.

This is what many people /solicitors don't know yet but this only applies to single mothers only or a single father take care of his child on a daily basis.


What you will need;
5 Year Route
IELTS English Language certificate - Lifeskills Level B1

Financial Requirement - Income required £18,600 earned in last 12 months before application

(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Thanks Sebel. Remember my leave expired with the HO and I got ‘here’ by default.
I had leave, EUSS was announced, HO made their promises to Zambrano carers. I had no reason to doubt the HO so applied, HO started changing their GUIDANCE NOTES ‘like clothes’, then the waiting and uncertainty unfolded, my leave expired with them, then the nightmare and drama began.

Difficult/ Stressful as it is, I will see it through.
I am still waiting get back my documents and put back a DRF 1 application.
I will call the tribunal today as regards a fresh bundle.

I will definitely see it through.

The whole process has brought my almost 8 year old child even closer to me. (I have to cherish it for now until a woman comes into his life).
Once I sit there and start reading and typing as soon as he notices, he brings me his little packs of tissues. (He doesn’t know yet that those tears are beyond tissues, maybe he should try Spam).
He leaves whatever he is doing and sits beside me. “Let me help you mummy”, “Stop crying mummy, XXXXXX is here. I will help you ok?”.

For peace to reign I have to promise him I will ask for his help as soon as I need it.

I know! He knows your pain. Just try to relax because at the moment, you are in this lane and must fight till the end. And smile too. You will overcome x

I also have an EUSS application form but I am just wondering if it is acceptable to put in a fresh application while the JR is still on.

[Chris90]

@all

My understanding SIMPLIFIED is Zambrano did not come from the free movement directive, but caselaws within EU LAW.

Member states adopt EU laws and regulations all the time, UK was and still is a member of EU structure. The UK adopted the Zambrano principles after it happened with the first guy Mr Zambrano himself in the EU courts.( They did not want to) however in EU structure it must be implemented

This was why Zambrano was added after the withdrawal agreement was signed to enable Zambrano carers and other derivative rights to be eligible for the EU settlement scheme. (They literally forgot us at first) UK then place us in scope of the EU settlement scheme and started accepting our paper applications.

At first these paper applications was going smoothly then they realised it was more that they may have estimated. This is when they started refusing stating an applicant must exercise domestic routes such as appendix FM.

Until the UK remove EEA Regulations 2016 as amended from UK legislation and you are eligible to exercise your Zambrano right.(I believe this is one of the first thing they will remove early next year)

The UK supreme court has updated the Zambrano principles ( this is good) with Patel,Shah Vs SSHD.

Use Shah and the EEA Regulations 2016 to win your arguments. They court must implement what the law says, you may find your case in the higher courts depending on your case.

What have I learned, home office has no authority to instruct you on what right to reside to use, however if you are already on a domestic route expect resistance from them.

If you have no leave to remain besides being a Zambrano carer, still expect the same resistance but enforce and argue this with the first tier tribunal strongly.

I have learnt home office will sometimes go lengths to put indefinite leave to remain out of reach if they can and they will make it long as possible.

Remember legal migration is a source of income for any country, ever wonder why certain types of application so expensive, ever wonder why you have to pay NHS fees in advance. Has anyone ever gotten a refund on NHS fees if you don't use the service in a set period?

It's immigration control and income. Try not to take it personal

Stay STRONG, be SMART

[Spirit007]

HO lawyer said my bundle made no sense ( He may be right though remember I was having issues with attaching PDF and sending empty attachments with some of the emails I sent to the tribunal) apparently all my sleepless nights produced rubbish bundle. I cried and told the tribunal guy my bundle was rubbish and he said no, that I shouldn’t say that.

I also realised from the address on my email that HO too has lawyers who do copy and paste like me ( thank God it’s not only me who does rubbish presentation). The HO lawyer sent my DRF1/ EEA decision, with all my documents and my child’s passport and stuff to that Charity lawyer who represented me 4 years ago when I claimed asylum ( then withdrew).

I decided to google and call the Charity lawyer a while ago after my 1st post this evening and he just told me he didn’t know how to reach me that HO already refused my Zambrano application and sent my documents to his office weeks/months ago.

As I was crying and telling him I was rubbish in everything, he consoled me and said no that I wasn’t , that I shouldn’t worry, that he will refer me to a lawyer in town to represent me that there is no need for me to travel out of town.
He then took my address to return my documents and also sent me an email with the lawyer’s contact.

I can’t believe my passport and my child’s birth certificate and passport have done ‘unnecessary travel’ despite COVID RESTRICTIONS. They must quarantine when they return while I think about what fine to impose on them.

UNBELIEVABLE. This HO saga has turned into a rubbish on AFRICA MAGIC. I doubt if NETFLIX will accept the poor script.

@@lulubaby, so sorry for the sad news and I trust you,you will fight till you win. I pray God grants you ilr.


As for me, I had given up after my son's passport arrived last week . Since I got just one last renewal and am tired of having high blood waiting on what HO will responds to me and also tired of waisting time like 12months+ before going to court and judge deciding what he had to decide,i just decided to focus on working my money so i can extend by march.

Please permit me if this might not be what you wish to hear. If I were you, I will decide to put my extension or renew under FM rather waiting on the court,and spending money to the lawyer. The lawyer or solicitor won't ask you nothing less than 1k in addition to the £700 for court fees.


I will prefer to add up that money, extend and if you still got some years to go for extension, you can later on apply for fee waiver recourse to public funds etc.


Please this is just my candit advice ,do not take it as some sort of weakening your spirit or an offense. This is just to prevent time waisting from both HO and court dates. Dont be surprised your court date might be given no less than in 6months time because home office is struggling to deny everyone ..

Thanks I pray God help us all.

Thanks Sebel. It was my first 2.5ltr.

@@lulubaby, if you are working full time earn about £18600 a year before tax, your leave to remain can still be reduced to 5years if meet a good solicitors. Mine was reduced as well otherwise I could have been left with 2 more renewals.

This is what many people /solicitors don't know yet but this only applies to single mothers only or a single father take care of his child on a daily basis.


What you will need;
5 Year Route
IELTS English Language certificate - Lifeskills Level B1

Financial Requirement - Income required £18,600 earned in last 12 months before application

(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Lulubaby,
So sorry to hear of your refusal. Buckle up and be ready for the fight that lies ahead, grand finale. Winners never quit and you, Lulubaby, are a born fighter and no where around a quitter.
As the others have advised, all hope is not lost. With all the input from Lolwe, Snooky, I believe you will be able to rearrange your bundle. Once your bundle is ready, you may pay a lawyer to peer review your arguments. This will reduce your cost substantially.
@ Sebel, I understand you have yo do you, as you best know where your shoe hurts. I see this fight as a 'WE' fight. Its not an individual fight. I understand the stress the entire process might put on us, but if we all start dropping off and submitting appendix fm applications, we are simply giving in to what HO wants. We all know they are in wrong, so let's keep the fight up and fight to the last breath. There are many people in this fight,who could have easily given up and taken the easy way out, appendix fm, but they choose to endure and fight a good fight. Because, they believe in the bigger pic, that is every zambrano. I see you Lulubaby, as one of these people.
Keep your head high up and keep banging on that keyboard,
while visualising how the judge will node his head while reading and HO lawyer scratching his/her head with mouth widely open.
Appendix fm will always be there and should be the option Z. Zambrano carers, together we stand, apart we fall.

[lolwe]

@all

My understanding SIMPLIFIED is Zambrano did not come from the free movement directive, but caselaws within EU LAW.

Member states adopt EU laws and regulations all the time, UK was and still is a member of EU structure. The UK adopted the Zambrano principles after it happened with the first guy Mr Zambrano himself in the EU courts.( They did not want to) however in EU structure it must be implemented

This was why Zambrano was added after the withdrawal agreement was signed to enable Zambrano carers and other derivative rights to be eligible for the EU settlement scheme. (They literally forgot us at first) UK then place us in scope of the EU settlement scheme and started accepting our paper applications.

At first these paper applications was going smoothly then they realised it was more that they may have estimated. This is when they started refusing stating an applicant must exercise domestic routes such as appendix FM.

Until the UK remove EEA Regulations 2016 as amended from UK legislation and you are eligible to exercise your Zambrano right.(I believe this is one of the first thing they will remove early next year)

The UK supreme court has updated the Zambrano principles ( this is good) with Patel,Shah Vs SSHD.

Use Shah and the EEA Regulations 2016 to win your arguments. They court must implement what the law says, you may find your case in the higher courts depending on your case.

What have I learned, home office has no authority to instruct you on what right to reside to use, however if you are already on a domestic route expect resistance from them.

If you have no leave to remain besides being a Zambrano carer, still expect the same resistance but enforce and argue this with the first tier tribunal strongly.

I have learnt home office will sometimes go lengths to put indefinite leave to remain out of reach if they can and they will make it long as possible.

Remember legal migration is a source of income for any country, ever wonder why certain types of application so expensive, ever wonder why you have to pay NHS fees in advance. Has anyone ever gotten a refund on NHS fees if you don't use the service in a set period?

It's immigration control and income. Try not to take it personal

Stay STRONG, be SMART

The EU did not forget about Zambrano carers. The EU did not fight for Zambrano carers because they are not EU citizens and they see the rules around non EEA parents of British citizen children as a UK issue. The Home Office fought for Zambrano carers to not be covered by the Withdrawal Agreement, just as they are fighting for Zambrano carers to not be covered under the EU Settlement Scheme. The revenue the Home Office make from LTR applications really is not the issue.

APPENDIX FM
The UK is reviewing its human rights commitments under the European Court of Human Rights. A decision is due in the summer of 2021. Appendix FM was created to respect Article 8 of the Act. Zambrano carers who do what the Home Office want, and apply under Appendix FM, could be negatively impacted. If the UK walks away from the ECHR, it could make changes to Appendix FM, or potentially end that route to settlement.

THE EEA REGULATIONS
The European Communities Act 1972, which implements EU law in the UK, was repealed on 31 January 2020. EU laws that are not amended will automatically continue in force. The EEA Regulations were amended. Theresa May's government passed legislation in March 2019 to amend the EEA regulations. Theresa May's changes automatically apply from the end of transition period. To be clear, the EEA Regulations 2016 implement EU free movement law in the UK.

ZAMBRANO

An individual who does not qualify for a right of residence under the free movement directive may qualify ‘derivative rights under EU law

True, Zambrano rights are derived from EU case law, not from the directive. The relevant case law relies on principles of free movement. When free movement ends, the derived rights end.

[lolwe]

Lulubaby,
So sorry to hear of your refusal. Buckle up and be ready for the fight that lies ahead, grand finale. Winners never quit and you, Lulubaby, are a born fighter and no where around a quitter.
As the others have advised, all hope is not lost. With all the input from Lolwe, Snooky, I believe you will be able to rearrange your bundle. Once your bundle is ready, you may pay a lawyer to peer review your arguments. This will reduce your cost substantially.
@ Sebel, I understand you have yo do you, as you best know where your shoe hurts. I see this fight as a 'WE' fight. Its not an individual fight. I understand the stress the entire process might put on us, but if we all start dropping off and submitting appendix fm applications, we are simply giving in to what HO wants. We all know they are in wrong, so let's keep the fight up and fight to the last breath. There are many people in this fight,who could have easily given up and taken the easy way out, appendix fm, but they choose to endure and fight a good fight. Because, they believe in the bigger pic, that is every zambrano. I see you Lulubaby, as one of these people.
Keep your head high up and keep banging on that keyboard,
while visualising how the judge will node his head while reading and HO lawyer scratching his/her head with mouth widely open.
Appendix fm will always be there and should be the option Z. Zambrano carers, together we stand, apart we fall.

Appendix FM is no longer a guarantee in the long run. Appendix FM is a route established to comply with Article 8 of the Human Rights Act - The Right to Family and Private Life. The UK government is currently reviewing (reconsidering) its commitment to the Human Rights Act. Many conservatives do not want the Act to apply to the UK any longer. Therefore, Appendix FM is potentially under threat.

[Greatgreat]

Lulubaby,
So sorry to hear of your refusal. Buckle up and be ready for the fight that lies ahead, grand finale. Winners never quit and you, Lulubaby, are a born fighter and no where around a quitter.
As the others have advised, all hope is not lost. With all the input from Lolwe, Snooky, I believe you will be able to rearrange your bundle. Once your bundle is ready, you may pay a lawyer to peer review your arguments. This will reduce your cost substantially.
@ Sebel, I understand you have yo do you, as you best know where your shoe hurts. I see this fight as a 'WE' fight. Its not an individual fight. I understand the stress the entire process might put on us, but if we all start dropping off and submitting appendix fm applications, we are simply giving in to what HO wants. We all know they are in wrong, so let's keep the fight up and fight to the last breath. There are many people in this fight,who could have easily given up and taken the easy way out, appendix fm, but they choose to endure and fight a good fight. Because, they believe in the bigger pic, that is every zambrano. I see you Lulubaby, as one of these people.
Keep your head high up and keep banging on that keyboard,
while visualising how the judge will node his head while reading and HO lawyer scratching his/her head with mouth widely open.
Appendix fm will always be there and should be the option Z. Zambrano carers, together we stand, apart we fall.

Appendix FM is no longer a guarantee in the long run. Appendix FM is a route established to comply with Article 8 of the Human Rights Act - The Right to Family and Private Life. The UK government is currently reviewing (reconsidering) its commitment to the Human Rights Act. Many conservatives do not want the Act to apply to the UK any longer. Therefore, Appendix FM is potentially under threat.

@lolwe, I can never understand anything you post most times. So why do you think Appendix fm is under threat? If its EU, I would understand. Not sure on what basis you think it is under threat. Even though uk is out of EU that doesn't mean they will make any law against human right.. I dont know much about immigration but in this, i must say, you are very wrong!

[Miss-Suz]

Hi all, just checked my email and saw they refused. They asked the Judge to refuse the application and gave me an invoice (that is what it looks like to me) of the costs I will repay if the judge refuses the application.

I broke down in tears, cried and called the tribunal. The guy was actually expecting my call, as soon as I said hello and started crying he asked “Is that
LULUBABY ?. I said ‘yes’, he consoled me and told me I have a chance to go before the courts.

Aww Lulubaby,
I am crying with you. So sorry to hear this my dear
Please don’t give up!!! We need to win these battles

[Miss-Suz]

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

Hi Lolwe,
How are you doing?
Just an update
I have just received an acknowledgment of notice of appeal.

[lolwe]

Even though uk is out of EU that doesn't mean they will make any law against human right.. I dont know much about immigration but in this, i must say, you are very wrong!

The UK will not make any laws that go against human rights? Time will tell, @greatgreat

[lolwe]

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

Hi Lolwe,
How are you doing?
Just an update
I have just received an acknowledgment of notice of appeal.

Hello Miss Suz!

Glad to hear things are progressing with your case. I am excited for you and your son

Lulubaby's refusal letter gives new insights into the Home Office's arguments. You may want to read it. Unsurprisingly, the Home Office argue the Supreme Court ruling proves the Zambrano right is a right of last resort.

Each judge will have to read the Supreme Court ruling in Patel, Shah and decide for themselves. I am cautiously optimistic the judges will eventually agree with Zambrano carers!

[lolwe]

@lolwe, I can never understand anything you post most times.

You are probably not alone, @greatgreat. Fortunately, the keyboard is your friend. All you have to do is ask questions until it makes sense..."A journey of a thousand miles begins with a single step"

[Miss-Suz]

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

Hi Lolwe,
How are you doing?
Just an update
I have just received an acknowledgment of notice of appeal.

Hello Miss Suz!

Glad to hear things are progressing with your case. I am excited for you and your son

Lulubaby's refusal letter gives new insights into the Home Office's arguments. You may want to read it. Unsurprisingly, the Home Office argue the Supreme Court ruling proves the Zambrano right is a right of last resort.

Each judge will have to read the Supreme Court ruling in Patel, Shah and decide for themselves. I am cautiously optimistic the judges will eventually agree with Zambrano carers!

Oh wow! When will the Home Office stop with this nonsense

[lolwe]

I also have an EUSS application form but I am just wondering if it is acceptable to put in a fresh application while the JR is still on.

Perhaps I missed something, but it sounds as if your JR will be refused unless you rewrite it and resubmit.

If you put in a fresh EUSS application before the end of the year, you have a strong case for why your rights as a Zambrano carer should be protected after 31 December 2020. If you submit after 31 December 2020, the Home Office may tell your employer you are not entitled to work. Also, you should get a fresh COA.

A DIFFICULT BUT NECESSARY WARNING...
If they send you an administrative removal letter in 2021, make sure you tell the court within 7 days of the date of the letter. Ask the court for an emergency injunction to stop the removal process.

If they send the removal letter to the wrong address and pick you up and detain you, make sure your family and friends have copies of when you gave the Home Office your correct address. For example, you could email the Home Office with your correct address, and send the confirmation email to your friends and family.

They can send the proof to a charity that will help you get out of a detention centre quickly. Also, there are solicitors who charge up to £8,000 to people in detention - and they don't even do the basic things right.

Of course, none of these things should happen to you. I am just saying you should know anyway. The Home Office send letters in error all the time. They also detain innocent people all the time.

[Greatgreat]

@lolwe, I can never understand anything you post most times.

You are probably not alone, @greatgreat. Fortunately, the keyboard is your friend. All you have to do is ask questions until it makes sense..."A journey of a thousand miles begins with a single step"

I get what you mean. Knowledge is power. So if you can please explain what you meant by the post, I am basically tired of this whole matter. All I can think about now is not becoming an overstayed again!

[LULUBABY]

@all

My understanding SIMPLIFIED is Zambrano did not come from the free movement directive, but caselaws within EU LAW.

Member states adopt EU laws and regulations all the time, UK was and still is a member of EU structure. The UK adopted the Zambrano principles after it happened with the first guy Mr Zambrano himself in the EU courts.( They did not want to) however in EU structure it must be implemented

This was why Zambrano was added after the withdrawal agreement was signed to enable Zambrano carers and other derivative rights to be eligible for the EU settlement scheme. (They literally forgot us at first) UK then place us in scope of the EU settlement scheme and started accepting our paper applications.

At first these paper applications was going smoothly then they realised it was more that they may have estimated. This is when they started refusing stating an applicant must exercise domestic routes such as appendix FM.

Until the UK remove EEA Regulations 2016 as amended from UK legislation and you are eligible to exercise your Zambrano right.(I believe this is one of the first thing they will remove early next year)

The UK supreme court has updated the Zambrano principles ( this is good) with Patel,Shah Vs SSHD.

Use Shah and the EEA Regulations 2016 to win your arguments. They court must implement what the law says, you may find your case in the higher courts depending on your case.

What have I learned, home office has no authority to instruct you on what right to reside to use, however if you are already on a domestic route expect resistance from them.

If you have no leave to remain besides being a Zambrano carer, still expect the same resistance but enforce and argue this with the first tier tribunal strongly.

I have learnt home office will sometimes go lengths to put indefinite leave to remain out of reach if they can and they will make it long as possible.

Remember legal migration is a source of income for any country, ever wonder why certain types of application so expensive, ever wonder why you have to pay NHS fees in advance. Has anyone ever gotten a refund on NHS fees if you don't use the service in a set period?

It's immigration control and income. Try not to take it personal

Stay STRONG, be SMART

Thanks for the encouragement.

[Chris90]

Hey all.
I am not a legal expert but I have been studying this matter for some time.

What I have learnt over the years simplified;

Judicial Review in immigration matters is judges at the upper tribunal reviewing an action or a decision to see if the law allows or do not allow an action or decision a public body makes, in this case it's home office. The person who loses pay the other person's reasonable legal cost. The Judge in a judicial review will only look at the action or decision that happened, nothing else. If a Zambrano carer going to do a judicial review the upper tribunal will usually only give permission to bring your case if you have no other remedy, meaning you didn't get an right of appeal, or administration review is not sufficient. For Zambrano carers going judicial review please put your arguments together as best as you can. Judicial review is a good remedy for problems if the law or rules you are challenging is on your side. It can be risky to go judicial review without making the case clear to the judge. The judge will not consider anything else but the action or decision, the judge will not consider any new evidence you submit with a judicial review, only what was not present when the original decision was made by home office...

An right to appeal however is similar but the judge considers all evidence infront of him or her, including any other rights that may be triggered due to the decision and new evidence, then makes a decision based on what the law says

I hope this helps someone. I encourage you all that have appeals or those considering judicial review to have a look around the web for information that can help you, if you can afford a lawyer to look over your case this is great, if not check the web and put together all the evidence a judge would need to allow your appeal.

Evidence can be the actual requirements the EEA Regulations 2016 set and you providing these again,
Prove who you are - ID documents.
Prove your British/EU child is who you say they are - passports.
Prove family relationships - birth certificate.
Prove the child is in the UK - letters

Put together a bundle and make clear what you seek to rely on, meaning the regulations in which you applied to for a biometric card set the required criteria a person must meet, Show the judge you meet that criteria. Don't forget to rely on the Shah Patel supreme court decision also and make it clear this is what you are doing.

Once again I am not an expert but I wish to encourage.

I know this is stressful, it's a big decision but please give it your best efforts.

No Judge wishes to make error of law. only the Judge/tribunal/courts can interpret the regulations/laws. Home office caseworkers can almost say anything as they have lower standards to meet.

Let us all remain strong.

[Chris90]

If you can Lulubaby, put it another settlement scheme application, this way you should secure a right to appeal. Even if next year comes you will be able to take your case to first tier tribunal..

[LULUBABY]

@@lulubaby, so sorry for the sad news and I trust you,you will fight till you win. I pray God grants you ilr.


As for me, I had given up after my son's passport arrived last week . Since I got just one last renewal and am tired of having high blood waiting on what HO will responds to me and also tired of waisting time like 12months+ before going to court and judge deciding what he had to decide,i just decided to focus on working my money so i can extend by march.

Please permit me if this might not be what you wish to hear. If I were you, I will decide to put my extension or renew under FM rather waiting on the court,and spending money to the lawyer. The lawyer or solicitor won't ask you nothing less than 1k in addition to the £700 for court fees.


I will prefer to add up that money, extend and if you still got some years to go for extension, you can later on apply for fee waiver recourse to public funds etc.


Please this is just my candit advice ,do not take it as some sort of weakening your spirit or an offense. This is just to prevent time waisting from both HO and court dates. Dont be surprised your court date might be given no less than in 6months time because home office is struggling to deny everyone ..

Thanks I pray God help us all.

Thanks Sebel. It was my first 2.5ltr.

@@lulubaby, if you are working full time earn about £18600 a year before tax, your leave to remain can still be reduced to 5years if meet a good solicitors. Mine was reduced as well otherwise I could have been left with 2 more renewals.

This is what many people /solicitors don't know yet but this only applies to single mothers only or a single father take care of his child on a daily basis.


What you will need;
5 Year Route
IELTS English Language certificate - Lifeskills Level B1

Financial Requirement - Income required £18,600 earned in last 12 months before application

(b) The P60 for the relevant period or periods (if issued).
(c) Wage slips covering:
(i) a period of 6 months prior to the date of application if the applicant has been employed by their current employer for at least 6 months; or
(ii) A period of 12 months prior to the date of application if the applicant has been employed by their current employer for less than 6 months.
(d) A letter from the employer confirming:
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).
(e) A signed contract of employment.
(f) Monthly personal bank statements corresponding to the same period as the wage slips at paragraph 2(c), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Lulubaby,
So sorry to hear of your refusal. Buckle up and be ready for the fight that lies ahead, grand finale. Winners never quit and you, Lulubaby, are a born fighter and no where around a quitter.
As the others have advised, all hope is not lost. With all the input from Lolwe, Snooky, I believe you will be able to rearrange your bundle. Once your bundle is ready, you may pay a lawyer to peer review your arguments. This will reduce your cost substantially.
@ Sebel, I understand you have yo do you, as you best know where your shoe hurts. I see this fight as a 'WE' fight. Its not an individual fight. I understand the stress the entire process might put on us, but if we all start dropping off and submitting appendix fm applications, we are simply giving in to what HO wants. We all know they are in wrong, so let's keep the fight up and fight to the last breath. There are many people in this fight,who could have easily given up and taken the easy way out, appendix fm, but they choose to endure and fight a good fight. Because, they believe in the bigger pic, that is every zambrano. I see you Lulubaby, as one of these people.
Keep your head high up and keep banging on that keyboard,
while visualising how the judge will node his head while reading and HO lawyer scratching his/her head with mouth widely open.
Appendix fm will always be there and should be the option Z. Zambrano carers, together we stand, apart we fall.

Thank you so much. I have no plans of giving up. Naturally, I don’t take the line of least resistance.

Remember those tiny stretchy colourful toys children have that come in different forms, like the happy stretchy man?.
I cry but afterwards go back to the drawing board. Most times I even cry on the drawing board.

Of course it is not easy, but I believe it is worth it.

[Obie]

What was the reasons given for refusing permission?

Were you permitted to renew it to an oral hearing?

[LULUBABY]

If you can Lulubaby, put it another settlement scheme application, this way you should secure a right to appeal. Even if next year comes you will be able to take your case to first tier tribunal..

Thank you so much Chris90, I am already getting fresh letters for another EUSS application but I am just wondering if I am allowed to put in a fresh application while the JR is going on the old one. Does one affect the other or doesn’t it matter?.