Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Miss-Suz]

What are the stages of an appeal?
I have already received a notice of appeal acknowledgment letter. Is the tribunal sending a notice to the Home Office as well? In order for them to reconsider their decision? If they are not changing their mind then the court will send me a hearing date?
Am I correct?

Did you talk to or email your case manager? I believe the First Tier Tribunal provides the notice of appeal to the SSHD. The SSHD must then respond. You should check with your case manager.

https://assets.publishing.service.gov.u ... 200721.pdf

Next step: Response: other cases

24.—
(1)Except in appeals to which rule 23 applies, when a respondent is provided with a copy of a notice of appeal, the respondent must provide the Tribunal with—
(a)the notice of the decision to which the notice of appeal relates and any other document the respondent provided to the appellant giving reasons for that decision;
(b)any statement of evidence or application form completed by the appellant;
(c)any record of an interview with the appellant in relation to the decision being appealed;
(d)any other unpublished document which is referred to in a document mentioned in subparagraph (a) or relied upon by the respondent; and(e)the notice of any other appealable decision made in relation to the appellant.

(2)The respondent must, if the respondent intends to change or add to the grounds or reasons relied upon in the notice or the other documents referred to in paragraph (1)(a), provide the Tribunal and the other parties with a statement of whether the respondent opposes the appellant’s case and the grounds for such opposition.14

(3)The documents listed in paragraph (1) and any statement required under paragraph (2) must be provided in writing within 28 days of the date on which the Tribunal sent to the respondent a copy of the notice of appeal and any accompanying documents or information provided under rule 19(6)

Thanks Lolwe,
No I didn’t talk to the case manager

[Miss-Suz]

It took a few readings, but now Lady Hale seems pretty clear to me.

If you can prove a relationship of dependency and your child will be forced to leave with you if you leave the UK, you qualify for a derivative residence card.

No other factors are relevant in the determination. In other words, it doesn't matter if you can apply for LTR under Appendix FM in terms of establishing whether or not you are a Zambrano carer.

Per paragraph 30 https://www.supremecourt.uk/cases/docs/ ... dgment.pdf

The overarching question is whether the son would be compelled to leave by reason of his relationship of dependency with his father. In answering that question, the court is required to take account, “in the best interests of the child concerned, of all the specific circumstances, including the age of the child, the child’s physical and emotional development, the extent of his emotional ties both to the Union citizen parent and to the third-country national parent, and the risks which separation from the latter might entail for that child’s equilibrium” (Chavez-Vilchez, para 71). The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts. As explained in para 28 of this judgment, on the FTT’s findings, the son would be compelled to leave with his father, who was his primary carer. That wassufficient compulsion for the purposes of the Zambrano test.

If you feel comfortable, try reading the Supreme Court decision.

To clarify what I am say in a simple way

When the court of appeal heard (2017) bourouisa, Shah and Patel, home office adopted and relied heavily on the remarks of a judge about Zambrano right being a last resort, fast forward 2019 Dec. The supreme court allowed Shahs appeal proving one can apply and be granted residence card as a Zambrano carer whether or not appendix FM is available especially for those who care for their children.

The Home office never updated their guidance or drop their reliance on this 2017 court of appeal case. This is their choice however, they took a big lost in Shah at the supreme court and to be honest they are leaving the confirmation of Zambrano carers rights to the courts.

Why trust the courts? If you meet what the criteria sets out for a Zambrano carer to be granted a residence card, the regulations and caselaws must apply for you until the supreme court says otherwise this is the correct approach...

Any other decision which does not follow what the supreme court said in Shah case when caring for your child will be a error of law..

No Judge intentionally wants this for their career..

They will refer to the supreme court guidance.

Don't be scared.

Agree %100

Ok Will do, thanks a lot

[lolwe]

Put another way

Mr Blundell for the Home Office kept arguing that Zambrano carers don't deserve rights because they "could" do x, y or z. They could put the child into foster care in the UK. They could leave the child with a British relative. They could apply for leave to remain under Appendix FM

The Supreme Court (Lady Hale) said it doesn't matter what Zambrano carers "could" do. Lady Hale said the only question that matters is what would actually happen if the Zambrano carer left the UK? She said this question is simple, and the answer to the question is a practical matter. The answer is not theoretical or what may happen in theory.

As long as the judge believes the British child will leave the UK if the Zambrano carer leaves (and there is a relationship of dependency), the judge will declare the applicant a Zambrano carer.

Paragraph 32

In those circumstances I consider that the Court of Appeal made an error of law when it treated as determinative what could happen to Mr and Mrs Shah’s son if the father left the UK, rather thanwhat the FTT had found would happen in that event. In other words, it was not open in law to the Court of Appeal to hold that Mr Shah had no derivative right of residence

[Chris90]

Exactly, what Home office refusal letter is saying to us in a simply way is" applicant fail to be eligible for a right they meet under EU law because they also meet another right to remain under our local laws, even though applicant have not sent and appendix FM or Human right claim we believe we will more than happy to grant those instead of a EU Zambrano right". In a simple way this what I got.

I read a recent case under different circumstances but the Judge found home office to have no power to consider an application that was not submitted.

If home office really wanted to be fair and generous the letter could have stated something like," we see you applied for confirmation but because we are leave EU laws in due course we encourage you to apply for appendix FM or Human rights application should you consider this option, we will waive all fees automatically and its guaranteed this leave will granted should you be a Zambrano carer" BUT THEY DID NOT... Why? They cannot tell you what right to apply for, you can apply for 100 things IF the rules or requirements allows it to be so.

It's like going to Tesco's to buy oranges because you have the fee the oranges cost and you like oranges but the cashier says but it back and get lemons instead.

Home office can not exercise rights for you, their job is to grant or not grant an immigration status inline with the lawful requirements

The application you submitted, the regulations and the caselaws is on your side

Don't be scared

[Miss-Suz]

Exactly, what Home office refusal letter is saying to us in a simply way is" applicant fail to be eligible for a right they meet under EU law because they also meet another right to remain under our local laws, even though applicant have not sent and appendix FM or Human right claim we believe we will more than happy to grant those instead of a EU Zambrano right". In a simple way this what I got.

I read a recent case under different circumstances but the Judge found home office to have no power to consider an application that was not submitted.

If home office really wanted to be fair and generous the letter could have stated something like," we see you applied for confirmation but because we are leave EU laws in due course we encourage you to apply for appendix FM or Human rights application should you consider this option, we will waive all fees automatically and its guaranteed this leave will granted should you be a Zambrano carer" BUT THEY DID NOT... Why? They cannot tell you what right to apply for, you can apply for 100 things IF the rules or requirements allows it to be so.

It's like going to Tesco's to buy oranges because you have the fee the oranges cost and you like oranges but the cashier says but it back and get lemons instead.

Home office can not exercise rights for you, their job is to grant or not grant an immigration status inline with the lawful requirements

The application you submitted, the regulations and the caselaws is on your side

Don't be scared

Exactly, I would prefer them to say what you stated.

[lolwe]

Per Lady Hale at paragraph 16

The CJEU explained that in very specific situations a TCN may have a right of residence if the Union citizen would otherwise be obliged to leave Union territory.
...
As stated, the TCN’s derived right of residence is only given in order that the Union citizen’s rights should be effective. That would be the limit of the entitlement under EU law of the TCN to reside in the Union.

The Home Office argue that the "very specific situation" mentioned above, is one in which the Zambrano carer applied for leave to remain under Appendix FM, but was refused. Lady Hale would have said this in her ruling if she agreed.

The Supreme Court would have been aware that Mr Shah and Mr Patel could have applied for leave to remain under Appendix FM(FP). Yet, they voted unanimously to grant Mr Shah derivative residence.

If the Home Office were right, the Supreme Court should have granted Mr Shah leave to remain under Appendix FM (Article 8 ) instead of derivative residence.

Mr Shah was granted derivative residence without applying for leave to remain under Appendix FM, even though there is a good chance he would have been successful.

If Mr Shah can be granted derivative residence by the Supreme Court without having to apply for leave to remain under Appendix FM, so should other Zambrano carers.

[Miss-Suz]

Thanks a lot @Lolwe and @Chris90
I have been so emotional all this day. Reading all you said has given me confidence. I am going to pull myself together and start my bundles. I will certainly need your input on this guys please.

[netqueen]

Thank you so much Lolwe for your encouraging words. I have been crying since early this morning, have been thinking and thinking, searching on the web about Zambrano carer after Brexit.
Thanks a lot

Really, Miss Suz? Your situation seems quite good to me. Fight for the EUSS. At the end of the day, even if nothing goes your way on the EUSS, you seem eligible for indefinite leave to remain under the 10 year route. It costs a lot of money, but at least you know you have that option. Some Zambrano carers are refused for EUSS. If they switch to the 10 year route under Appendix FM (Article 8 ), they could have problems in the future.

Pretty much the only benefit Zambrano carers have after 31 Decemer 2020, is six months to apply for EUSS after Brexit. Like EU citizens with residence cards, the Zambrano carer derivative residence cards are no longer valid. If your employer or landlord asks for proof of legal residence, the Home Office should confirm via their hotline that you have the right to reside.

The most disgusting thing about the EUSS is that some Zambrano carers got settled or pre-settled status, after just submitting an application. I am happy for those Zambrano carers, but the way the Home Office just randomly picks people to get settlement, and randomly refuses the majority is nothing short of a failure of government. Two Zambrano carers with the same profile can have completely opposite outcomes.

I think you are right about the class action (collective action) lawsuit. I think Chris is right about suing for damages. The only way to stop this madness is for Zambrano carers to file together and ask for damages, to stop the Home Office from blanket refusals, excessive delays, etc. In other words, a hostile environment.

Well said, I personally know many people who got their EUSS application successfully. Most of them have LTR

Hmmm I also know of some people who had LTR and had successful EUSS application. This makes the statement that HO is being selective with EUSS for Zambrano carers so true.

[Miss-Suz]

Thank you so much Lolwe for your encouraging words. I have been crying since early this morning, have been thinking and thinking, searching on the web about Zambrano carer after Brexit.
Thanks a lot

Really, Miss Suz? Your situation seems quite good to me. Fight for the EUSS. At the end of the day, even if nothing goes your way on the EUSS, you seem eligible for indefinite leave to remain under the 10 year route. It costs a lot of money, but at least you know you have that option. Some Zambrano carers are refused for EUSS. If they switch to the 10 year route under Appendix FM (Article 8 ), they could have problems in the future.

Pretty much the only benefit Zambrano carers have after 31 Decemer 2020, is six months to apply for EUSS after Brexit. Like EU citizens with residence cards, the Zambrano carer derivative residence cards are no longer valid. If your employer or landlord asks for proof of legal residence, the Home Office should confirm via their hotline that you have the right to reside.

The most disgusting thing about the EUSS is that some Zambrano carers got settled or pre-settled status, after just submitting an application. I am happy for those Zambrano carers, but the way the Home Office just randomly picks people to get settlement, and randomly refuses the majority is nothing short of a failure of government. Two Zambrano carers with the same profile can have completely opposite outcomes.

I think you are right about the class action (collective action) lawsuit. I think Chris is right about suing for damages. The only way to stop this madness is for Zambrano carers to file together and ask for damages, to stop the Home Office from blanket refusals, excessive delays, etc. In other words, a hostile environment.

Well said, I personally know many people who got their EUSS application successfully. Most of them have LTR

Hmmm I also know of some people who had LTR and had successful EUSS application. This makes the statement that HO is being selective with EUSS for Zambrano carers so true.

The Home Office have been wrong and unfair

[lolwe]

If it is true that Zambrano carers with leave to remain under Appendix FM(or FP) are given settlement under EUSS, then that is the biggest immigration scandal since Windrush.

I am sorry, but in my opinion, Zambrano carers share part of the blame. At some point, you have to stand up for yourself. All you have to do is work together.

The Home Office should have to answer the question before a judge. Did they, or did they not, give settlement under the EUSS to Zambrano carers?

It is beyond insulting for the Home Office to break their own rules, to allow some Zambrano carers to get settlement, then break the rules again to unlawfully deny other Zambrano carers their rights to settlement.

Anyone who has been refused for EUSS because they have LTR should file a collective action. Anyone who has been refused because they have not applied for LTR should join the collective action. Neither group should be refused, if there are Zambrano carers with LTR who have been granted settlement under EUSS.

Zambrano carers v SSHD!

Were you refused under EUSS? Plan to file a legal claim in the First Tier Tribunal? Consider starting or joining a collective action against the Home Office.

https://www.justice.gov.uk/courts/proce ... pd_part19b

What is a Group Litigation Order or GLO?

The Group Litigation Order is the mechanism by which the court manages those individual claims where the claims give rise to common or related issues of fact or law (referred to as the GLO issues).

Each claim within a GLO is an individual claim. Every claimant must individually make their own claim. Any damages awarded at the end of the litigation will go only to those who actively made claims.

All claims relating to the matter in question must be issued in the court that makes the GLO (the management court). This avoids the risk of inconsistent outcomes.

Any judgment on the GLO will be binding in relation to all other claims on the group register.

Each claimant will be liable for its individual costs and their fair share of the common costs.

An application for a GLO must be made in accordance with CPR Part 23, may be made at any time before or after any relevant claims have been issued and may be made either by a claimant or by a defendant.

How to file a GLO (Group Litigation Order)

https://assets.publishing.service.gov.u ... b_0818.pdf

Step 1: Go to the website for the N244 application (see url link above). Complete the N244 application

Step 2: Wait for the Court to establish the Group Register.

Step 3: Zambrano carers can add their claims to the GLO register. The court may assign existing related cases to the register, too.

Step 4: The claims on the Register will be re-allocated to the muli-track.

Step 5: A judge and case manager will be assigned to all of the claims. Wait for a court date.

Step 6: The judge will decide the claim and award costs.

Step 7: The judge will create a cut off date for new Zambrano carers to enter the register


Questions to be answered on the form
(1) a summary of the nature of the litigation;
(2) the number and nature of claims already issued;
(3) the number of parties likely to be involved;
(4) the common issues of fact or law (the ‘GLO issues’) that are likely to arise in the litigation; and
(5) whether there are any matters that distinguish smaller groups of claims within the wider group.

[Violetsareblue]

It’s going to be a bumpy 2021 for the Home office if all carers could work together.

[Miss-Suz]

It’s going to be a bumpy 2021 for the Home office if all carers could work together.

We definitely have to work together to defend our rights

[Miss-Suz]

Morning all,
Hope everyone is doing well. Who is in with me for the collective action? We must start planning this as soon as we can. Zambrano is dying but we got to fight the injustice from Home Office.

[Miss-Suz]

I don’t know if I kind of exaggerate but I am thinking to take it this matter to the press too. What do you guys think ?
Have started research about it

[Miss-Suz]

Well I don’t know but someone has to do something, I am hurting so bad about this whole thing!
Not only for myself but for all us in the same situation

[lolwe]

Morning all,
Hope everyone is doing well. Who is in with me for the collective action? We must start planning this as soon as we can. Zambrano is dying but we got to fight the injustice from Home Office.

I don’t know if I kind of exaggerate but I am thinking to take it this matter to the press too. What do you guys think ?
Have started research about it

Well I don’t know but someone has to do something, I am hurting so bad about this whole thing!
Not only for myself but for all us in the same situation

Steps:

1.) Zambrano carer files or has filed a claim with the First Tier Tribunal challenging the EUSS refusal

2.) Zambrano carer then files an N244 Application Notice to start the GLO.

3.) Zambrano carers who already filed legal claims ask for their claims to be added to the GLO.

4.) Zambrano carers who receive refusal letters after today file a legal claim challenging their refusal, and then ask to be added to the GLO.

5.) Case management puts all of the cases together.

6.) Judge makes a ruling declaring the Home Office guidance is unlawful, the automatic refusals unlawful, the content of the refusal letters unlawful, and the practice in place for allowing some people with leave to remain settlement while refusing others to be discriminatory.

7.) Judge sets a date to keep the GLO register open. Zambrano carers who still receive bogus refusal letters join the register until it closes.

8.) After the win, Zambrano carers file a new collection action requesting compensation.

N244 Application Notice for GLO - Cost £255 or £0 with a Fee Waiver

https://assets.publishing.service.gov.u ... b_0818.pdf

N244 Questions to be answered

• Name of court

• Claimant’s name

• Defendant’s name

• What is your name or, if you are a legal representative, the name of your firm

• Are you a claimant?

• What order are you asking the court to make and why?

• Have you attached a draft of the order you are applying for?

• How do you want to have this application dealt with?

• How long do you think the hearing will last?

• Give details of any fixed trial date or period

• What level of Judge does your hearing need

• Who should be served with this application

• Please give the service address, (other than details of the claimant or defendant) of any party named in question 9

• Applicant’s address to which documents about this application should be sent

Help with paying the £255 N244 fee - Fee Waivers
https://www.gov.uk/get-help-with-court-fees

You need to have less than £3,000 in savings and investments if you’re under 61. If you’re not on benefits, you need to earn less than £1,085 a month before tax if you’re single, or £1,245 if you have a partner. You can earn an extra £245 on top of that for each child you have.

[Miss-Suz]

Morning Lolwe,
Oh wow, thank you so much for making things easier for us.
You’re an angel

[lolwe]

Morning Lolwe,
Oh wow, thank you so much for making things easier for us.
You’re an angel

You're welcome, Miss Suz!

Steps after a Zambrano carer files the N244

Also see Annex 2 on https://www.judiciary.uk/wp-content/upl ... 2.6.20.pdf

1.) File the N244 for the Group Litigation Order (GLO) online.

2.) Send email address and phone number to the Tribunal within 5 days.

3.) Create the bundle. The bundle must include the refusal decision and any material which was submitted in support of the application.

4.) Email the bundle to the Tribunal within 14 days.

5.) Create the appellant's skeleton argument (ASA). The ASA should have

(1) a brief summary of the appellant’s factual case;
(2) a schedule of issues;
(3) the appellant’s brief submissions on those issues which should state why the appellant disagrees with the respondent’ s decision with sufficient detail to enable the reasons for the challenge to be understood.

6.) Email the skeleton argument to the Tribunal within 28 or 42 days, depending on when you receive the response.

In case a lawyer joins this fight, they should know the GLO can't be files via MyHMCTS.

[Violetsareblue]

I’m now stuck with appendix fm, but it’ll be good to see others come together

[lolwe]

I’m now stuck with appendix fm, but it’ll be good to see others come together

According to people on this thread, other Zambrano carers with Appendix FM have been approved for settlement under EUSS.

[Lagosbos]

Morning Lolwe,
Oh wow, thank you so much for making things easier for us.
You’re an angel

Count me in.

It’s going to be a bumpy 2021 for the Home office if all carers could work together.

We definitely have to work together to defend our rights

Count me in!

[lolwe]

Morning Lolwe,
Oh wow, thank you so much for making things easier for us.
You’re an angel

Count me in.

It’s going to be a bumpy 2021 for the Home office if all carers could work together.

We definitely have to work together to defend our rights

Count me in!

Which Zambrano carer is going to file the Group Litigation Order (GLO)? Once the first GLO is filed, it will be made public. Then all other Zambrano carers can ask for their cases to be transferred to the GLO.

I recommend it be someone who qualifies for a fee waiver, so it is free.

Once the GLO is filed, other Zambrano carers can join.

We can all help with the paperwork and arguments.

I think the GLO should cover two types of refusals

Group 1: Zambrano carers who

• do not currently have leave to remain under Appendix FM

• have applied for EUSS and been refused

Group 2: Zambrano carers who

• currently have leave to remain under Appendix FM

• have applied for EUSS and been refused

Group 1 has the easier argument. The Home Office can not tell Zambrano carers what to apply for.

Group 2 can argue that the Home Office is irrational and unfair in its decision making. Some Zambrano carers with leave to remain are granted EUSS, while others are refused. The Home Office should be clear about the basis upon which they approve some people with LTR and refuse others.

[lolwe]

Request your immigration history held in the borders, immigration and citizenship system

https://visas-immigration.service.gov.uk/product/saru

Use this form to request a copy of your personal information from the Home Office's immigration records (this is also known as a 'subject access request').

You can also use this form to request data on someone else's behalf.

All types of requests are free of charge.

[lolwe]

More on Group Litigation Orders

• A GLO may be made where there are a 'number' of claims 'giving rise to common or related' issues of law or fact.

• GLO cases proceed on a multi-stage basis, with the GLO being made and then the common issues being decided (if not first settled).

• Any individual issues will also need to be decided in a potential third phase of the relevant claims.

• A GLO application may be made in any court able to hear the underlying civil claims.

• A GLO may only be ordered by a judge or senior master.

• No claimant or body has the right to commence a GLO proceeding: whether the order should be granted will be in the court's discretion;

• The minimum number of parties to a GLO appears to be two, although in practice a greater number is likely to be needed to justify the use of the procedure

• The degree of similarity of the issues to be tried under the GLO is fairly flexible - 'related' issues may be sufficient.

• The GLO may also include an order that all existing claims, which give rise to GLO common issues, should be transferred to the management court be managed under the GLO (and therefore be entered on the GLO register)

• Judgments will be binding (res iudicata) for all claims on the register at the time the judgment is given, for a particular issue

.

[Miss-Suz]

Morning Lolwe,
Oh wow, thank you so much for making things easier for us.
You’re an angel

Count me in.

It’s going to be a bumpy 2021 for the Home office if all carers could work together.

We definitely have to work together to defend our rights

Count me in!

Which Zambrano carer is going to file the Group Litigation Order (GLO)? Once the first GLO is filed, it will be made public. Then all other Zambrano carers can ask for their cases to be transferred to the GLO.

I recommend it be someone who qualifies for a fee waiver, so it is free.

Once the GLO is filed, other Zambrano carers can join.

We can all help with the paperwork and arguments.

I think the GLO should cover two types of refusals

Group 1: Zambrano carers who

• do not currently have leave to remain under Appendix FM

• have applied for EUSS and been refused

Group 2: Zambrano carers who

• currently have leave to remain under Appendix FM

• have applied for EUSS and been refused

Group 1 has the easier argument. The Home Office can not tell Zambrano carers what to apply for.

Group 2 can argue that the Home Office is irrational and unfair in its decision making. Some Zambrano carers with leave to remain are granted EUSS, while others are refused. The Home Office should be clear about the basis upon which they approve some people with LTR and refuse others.

Great!
Thanks Lolwe