Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

This idea of a Group Litigation Order is quite interesting.

One can ask the Judge to create the GLO so that any Zambrano who

• gets a refusal letter because they have not applied for leave to remain under Appendix FM, or

• was refused because they currently have LTR under Appendix FM

would automatically have their legal claim allocated to the GLO register.

The two issues are kindof related.

Each Zambrano carer would still then have to answer the question of are they actually a Zambrano carer, on an individual basis in the second phase of the GLO.

This way, all Zambrano carers get treated fairly instead of some people being lucky with a First Tier Tribunal or Upper Tribunal judge, and others being unlucky.

[gee4]

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.

This is a great idea and I’m interested. I also qualify for fee waiver

[Greatgreat]

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

Count me in.

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.

This is a great idea and I’m interested. I also qualify for fee waiver

I am interested too because I like fighting for my right . Only problem I have is that of the funds. Is mortgage deemed as investment? I am not spending any extra on ho especially as I just went to renew my appendix fm.

[lolwe]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right group.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Lagosbos (?)


Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Gee (?)
Greatgreat (?)

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

[Miss-Suz]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right group.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Lagosbos (?)


Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Gee (?)
Greatgreat (?)

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

Morning Lolwe,

You’re star
Thanks again for everything

Morning Greatgreat and Gee , thanks a lot guys.
Which one of you would like to start to file the first GLO? as you qualify for fee waiver

[lolwe]

This is a great idea and I’m interested. I also qualify for fee waiver

@Gee. That sounds like progress!

Steps

1.) Complete the fee remission or fee waiver online (EX160)
2.) Complete the N244 form (see below)
3.) As a group, we create both a draft order and a statement of case.
4.) Sign the form
5.) Submit one copy of the N244 to the SSHD and one copy for the court
6.) Get the claim number from the court


EX160
Submit the fee waiver form online.

Go to https://helpwithcourtfees.service.gov.uk/checklist

• your National Insurance number or your Home Office reference number

• the court or tribunal form number - N244

• income, including wages

• savings and investments

• partner's income, savings and investments - if you have one

N244 - Application Notice for Group Litigation Order
https://assets.publishing.service.gov.u ... b_0818.pdf

POSSIBLE ANSWERS TO THE N244 QUESTIONS

Name of court - Taylor House
Claimant's name - your name
Defendant's name - Secretary of State for the Home Department (SSHD)
Date - 31 December 2020

1. Enter your name
2. Choose the Claimant box
3. (I am working on this, will get back to you)
4. Yes
5. Without a hearing
6. leave blank
7. not applicable
8. District Judge
9. SSHD
9a. Litigation Allocation Unit 6, New Square Bedfont Lakes Feltham, Middlesex TW14 8HA
10. the statement of case
11. sign the form twice

Contact information

The Court
customer.service@justice.gov.uk
i.f.a.taylorhouse@justice.gov.uk

SSHD
thetreasurysolicitor@governmentlegal.gov.uk

[lolwe]

This is a great idea and I’m interested. I also qualify for fee waiver

@Gee. That sounds like progress!

Steps

1.) Complete the fee remission or fee waiver online (EX160)
2.) Complete the N244 form (see answers below)
3.) Attach a draft order and a statement of case. We need to create this as a group.
4.) Sign the form (in both places)
5.) Submit one copy of the N244 to the SSHD and one copy for the court (see the contact info below)
6.) Get the claim number from the court


EX160
Submit the fee waiver form online.

Go to https://helpwithcourtfees.service.gov.uk/checklist

• your National Insurance number or your Home Office reference number

• the court or tribunal form number - N244

• income, including wages

• savings and investments

• partner's income, savings and investments - if you have one

N244 - Application Notice for Group Litigation Order
https://assets.publishing.service.gov.u ... b_0818.pdf

POSSIBLE ANSWERS TO THE N244 QUESTIONS

Name of court - Taylor House
Claimant's name - your name
Defendant's name - Secretary of State for the Home Department (SSHD)
Date - 31 December 2020

1. Enter your name
2. Choose the Claimant box
3. To make a Group Litigation Order under CPR 19.11. Thousands of EUSS claims filed by Zambrano carers are refused by the SSHD. The refusals give rise to common or related issues concerning the lawfulness of the Home Office policy towards Zambrano carers who apply under EUSS.
4. Yes
5. Without a hearing
6. leave blank
7. not applicable
8. District Judge
9. SSHD
9a. Litigation Allocation Unit 6, New Square Bedfont Lakes Feltham, Middlesex TW14 8HA
10. the statement of case
11. sign the form twice

Contact information

The Court
customer.service@justice.gov.uk
i.f.a.taylorhouse@justice.gov.uk

SSHD
thetreasurysolicitor@governmentlegal.gov.uk

[Lagosbos]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right group.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Lagosbos (?)


Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Gee (?)
Greatgreat (?)

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

Morning Lolwe,

You’re star
Thanks again for everything

Morning Greatgreat and Gee , thanks a lot guys.
Which one of you would like to start to file the first GLO? as you qualify for fee waiver

Category 2: Zambrano carers who were refused because they had leave to remain under Appendix

Category 2 is applicable to me. I currently have a pending appeal for my DRF1 and a pending second application for EUSS. Unfortunately, I'm not qualified for a fee waiver for the GRO. so if anyone could file it on our behalf that would be great.

[Lagosbos]

This is a great idea and I’m interested. I also qualify for fee waiver

@Gee. That sounds like progress!

Steps

1.) Complete the fee remission or fee waiver online (EX160)
2.) Complete the N244 form (see answers below)
3.) Attach a draft order and a statement of case. We need to create this as a group.
4.) Sign the form (in both places)
5.) Submit one copy of the N244 to the SSHD and one copy for the court (see the contact info below)
6.) Get the claim number from the court


EX160
Submit the fee waiver form online.

Go to https://helpwithcourtfees.service.gov.uk/checklist

• your National Insurance number or your Home Office reference number

• the court or tribunal form number - N244

• income, including wages

• savings and investments

• partner's income, savings and investments - if you have one

N244 - Application Notice for Group Litigation Order
https://assets.publishing.service.gov.u ... b_0818.pdf

POSSIBLE ANSWERS TO THE N244 QUESTIONS

Name of court - Taylor House
Claimant's name - your name
Defendant's name - Secretary of State for the Home Department (SSHD)
Date - 31 December 2020

1. Enter your name
2. Choose the Claimant box
3. To make a Group Litigation Order under CPR 19.11. Thousands of EUSS claims filed by Zambrano carers are refused by the SSHD. The refusals give rise to common or related issues concerning the lawfulness of the Home Office policy towards Zambrano carers who apply under EUSS.
4. Yes
5. Without a hearing
6. leave blank
7. not applicable
8. District Judge
9. SSHD
9a. Litigation Allocation Unit 6, New Square Bedfont Lakes Feltham, Middlesex TW14 8HA
10. the statement of case
11. sign the form twice

Contact information

The Court
customer.service@justice.gov.uk
i.f.a.taylorhouse@justice.gov.uk

SSHD
thetreasurysolicitor@governmentlegal.gov.uk

Thank you for everything Lowle

[lolwe]

N244 for GLO Application

[lolwe]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right category.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Gee (?)


Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat
Lagosbos

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).
[/quote]

[lolwe]

Category 2: Zambrano carers who were refused because they had leave to remain under Appendix

Category 2 is applicable to me. I currently have a pending appeal for my DRF1 and a pending second application for EUSS. Unfortunately, I'm not qualified for a fee waiver for the GRO. so if anyone could file it on our behalf that would be great.

Thanks for letting me know.

[Lagosbos]

And also why would they give me a right of appeal knowing that Zambrano won’t exit no more after the 31/12?
I am trying to understand this
They should say in their letter that we are refusing you and you cannot appeal this decision as this route will no longer exit as we are approaching the deadline.

I just thought I should mention as stated on gov.uk that all residence card issued will still be valid up until 30 June 2021.

[lolwe]

Thank you for everything Lowle

Morning Lolwe,

You’re star
Thanks again for everything

Thank you Lagosbos and Miss-Suz! Your courage will create real change for Zambrano carers and their children.

[lolwe]

And also why would they give me a right of appeal knowing that Zambrano won’t exit no more after the 31/12?
I am trying to understand this
They should say in their letter that we are refusing you and you cannot appeal this decision as this route will no longer exit as we are approaching the deadline.

I just thought I should mention as stated on gov.uk that all residence card issued will still be valid up until 30 June 2021.

Per https://www.gov.uk/apply-for-a-uk-residence-card

[Lagosbos]

And also why would they give me a right of appeal knowing that Zambrano won’t exit no more after the 31/12?
I am trying to understand this
They should say in their letter that we are refusing you and you cannot appeal this decision as this route will no longer exit as we are approaching the deadline.

I just thought I should mention as stated on gov.uk that all residence card issued will still be valid up until 30 June 2021.

Per https://www.gov.uk/apply-for-a-uk-residence-card

https://www.gov.uk/apply-for-a-uk-resid ... une%202021.

How long it lasts for
Your residence card will not be valid after 30 June 2021. Check if you can apply to the EU Settlement Scheme to continue living in the UK.

[lolwe]

And also why would they give me a right of appeal knowing that Zambrano won’t exit no more after the 31/12?
I am trying to understand this
They should say in their letter that we are refusing you and you cannot appeal this decision as this route will no longer exit as we are approaching the deadline.

I just thought I should mention as stated on gov.uk that all residence card issued will still be valid up until 30 June 2021.

Per https://www.gov.uk/apply-for-a-uk-residence-card

https://www.gov.uk/apply-for-a-uk-resid ... une%202021.

How long it lasts for
Your residence card will not be valid after 30 June 2021. Check if you can apply to the EU Settlement Scheme to continue living in the UK.

On a technical reading, this site does not protect Zambrano carers, because the children of Zambrano carers stopped being citizens of the EU on 31 January 2020. The Withdrawal Agreement extended the protection for British (children), but that ends on 31 December 2020.

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021.

I see this quite a bit on this forum. Zambrano carers are not like the other groups. They are not covered by the Withdrawal Agreement. Any rights they enjoy are at the whim of Parliament going forward. And, unless Parliament puts it in writing, you can't rely on your assumptions, however reasonable.

[gee4]

This is a great idea and I’m interested. I also qualify for fee waiver

@Gee. That sounds like progress!

Steps

1.) Complete the fee remission or fee waiver online (EX160)
2.) Complete the N244 form (see answers below)
3.) Attach a draft order and a statement of case. We need to create this as a group.
4.) Sign the form (in both places)
5.) Submit one copy of the N244 to the SSHD and one copy for the court (see the contact info below)
6.) Get the claim number from the court


EX160
Submit the fee waiver form online.

Go to https://helpwithcourtfees.service.gov.uk/checklist

• your National Insurance number or your Home Office reference number

• the court or tribunal form number - N244

• income, including wages

• savings and investments

• partner's income, savings and investments - if you have one

N244 - Application Notice for Group Litigation Order
https://assets.publishing.service.gov.u ... b_0818.pdf

POSSIBLE ANSWERS TO THE N244 QUESTIONS

Name of court - Taylor House
Claimant's name - your name
Defendant's name - Secretary of State for the Home Department (SSHD)
Date - 31 December 2020

1. Enter your name
2. Choose the Claimant box
3. To make a Group Litigation Order under CPR 19.11. Thousands of EUSS claims filed by Zambrano carers are refused by the SSHD. The refusals give rise to common or related issues concerning the lawfulness of the Home Office policy towards Zambrano carers who apply under EUSS.
4. Yes
5. Without a hearing
6. leave blank
7. not applicable
8. District Judge
9. SSHD
9a. Litigation Allocation Unit 6, New Square Bedfont Lakes Feltham, Middlesex TW14 8HA
10. the statement of case
11. sign the form twice

Contact information

The Court
customer.service@justice.gov.uk
i.f.a.taylorhouse@justice.gov.uk

SSHD
thetreasurysolicitor@governmentlegal.gov.uk

Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending). My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.

[LULUBABY]

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!

Lagosbos, where on earth have you been?. It’s been ages.

[LULUBABY]

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.

Thank you so much.

[netqueen]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right category.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Gee (?)


Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat
Lagosbos

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

[/quote]

Category 2 represents me would want to be added to the GLO against the HO.

[lolwe]

Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending). My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.

@Gee, you really sound like you may be protected by the Withdrawal Agreement.

Isn't your child European if your spouse is an EU national? If your child is European,

I am not sure the GLO will be approved with Gee entering it.

Is any other Zambrano carer eligible for a fee waiver?

See https://www.gov.uk/guidance/immigration ... ppendix-eu

Annex 1: family member who has retained the right of residence

a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (e) below are met:

(d) the applicant (“A”) is an EEA citizen or non-EEA citizen who:
(i) ceased to be a family member of a relevant EEA citizen (or of a qualifying British citizen) on the termination of the marriage or civil partnership of that relevant EEA citizen (or of that qualifying British citizen); for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen (or that qualifying British citizen ceased to be a qualifying British citizen), they will be deemed to have remained a relevant EEA citizen (or, as the case may be, a qualifying British citizen) until that termination; and
(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and
(iii) one of the following applies:
(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or
(bb) A has custody of a child of the relevant EEA citizen (or the qualifying British citizen); or
(cc) A has the right of access to a child of the relevant EEA citizen (or the qualifying British citizen), where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or
(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting;

[Lagosbos]

I just thought I should mention as stated on gov.uk that all residence card issued will still be valid up until 30 June 2021.

Per https://www.gov.uk/apply-for-a-uk-residence-card

https://www.gov.uk/apply-for-a-uk-resid ... une%202021.

How long it lasts for
Your residence card will not be valid after 30 June 2021. Check if you can apply to the EU Settlement Scheme to continue living in the UK.

On a technical reading, this site does not protect Zambrano carers, because the children of Zambrano carers stopped being citizens of the EU on 31 January 2020. The Withdrawal Agreement extended the protection for British (children), but that ends on 31 December 2020.

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021.

I see this quite a bit on this forum. Zambrano carers are not like the other groups. They are not covered by the Withdrawal Agreement. Any rights they enjoy are at the whim of Parliament going forward. And, unless Parliament puts it in writing, you can't rely on your assumptions, however reasonable.

Could you clarify - talking about technicality. Are you saying Zambrano carers who currently holds derivative card will cease to be valid after 31 December 2020? as this is the point I'm trying to shed more lights on. I believe home office should be obliged to issue residence card for all applications made before 31st December 2020 either by application or by appeal. I remember Miss suz raising similar questions why HO are still giving applicants appeal rights when Brexit is just few days away.

[Chris90]

Hi all,

Just wanted to say well done, if we can organise ourselves and stand our legal grounds, we will be alright.

Good things can happen when you use the system to challenge the system. If you don't challenge, nothing changes, this is what Zambrano did, this is what Shah did. If it wasn't for their courage to challenge... We would not have the legal position we Zambrano carers have today.. don't waste it. Make the arguments as strong as possible, let the law/Regulations protect us all, that's what it's there for, otherwise it fails and justice is not real, which cannot be the case... If laws and regulations are real Zambrano carers have nothing to fear, just challenge.

Best wishes to all waiting

[gee4]

Herr is my category:
Zambrano carers who do not currently have leave to remain under Appendix FM
I have never been on Appendix FM neither. I was married to an EU national but we’ve been separated legally still married (divorce is still pending). My 5 years expired last year January and applied for EU based on the marriage but refused, made another application as a Zambrano based on my 5 years old British son but refused also. I have an admin review pending and also put in for an appeal.

@Gee, you really sound like you may be protected by the Withdrawal Agreement.

Isn't your child European if your spouse is an EU national? If your child is European,

I am not sure the GLO will be approved with Gee entering it.

Is any other Zambrano carer eligible for a fee waiver?

See https://www.gov.uk/guidance/immigration ... ppendix-eu

Annex 1: family member who has retained the right of residence

a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (e) below are met:

(d) the applicant (“A”) is an EEA citizen or non-EEA citizen who:
(i) ceased to be a family member of a relevant EEA citizen (or of a qualifying British citizen) on the termination of the marriage or civil partnership of that relevant EEA citizen (or of that qualifying British citizen); for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen (or that qualifying British citizen ceased to be a qualifying British citizen), they will be deemed to have remained a relevant EEA citizen (or, as the case may be, a qualifying British citizen) until that termination; and
(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and
(iii) one of the following applies:
(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or
(bb) A has custody of a child of the relevant EEA citizen (or the qualifying British citizen); or
(cc) A has the right of access to a child of the relevant EEA citizen (or the qualifying British citizen), where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or
(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting;

Thank you @lowle no my son is not EU and my relationship with EU was a bumpy ride we’ve been separated too many times hence why my application was refused based on my marriage.