Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Ngoo]

To those waiting for both drf1 and settlement scheme appeal, if and when it is allowed.

Do not let home office get away with giving you only one card, they should give you a card under DRF1 which cost 65 and one under settlement scheme which was free... If they try to not do this, challenge them.

Both cards are the same but one is directly from EU laws where the other is subject to UK constant change of immigration laws. REQUEST PROOF OF BOTH.

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

Hello my people! Complements of the Season.

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

[lolwe]

After the case is created, Zambrano carers, their friends and family can send emails to a newspaper or tv station and ask them to run a story highlighting the refusals under the EU settlement scheme.

If everyone emails the same paper or journalist around the same time, the journalist is much more likely to take the story seriously.

Steps for the Group Litigation Order

1.) Find a Zambrano carer who qualifies for a fee waiver - See Gee

2.) Z carer completes N244 and EX160

3.) Z carer will Attach, Draft Order and Statement of Case

4.) Judge decides if GLO is acceptable

5.) Judge asks President of Queen's Bench Division for approval to create a GLO

6.) Court creates a GLO register

7.) Zambrano carers join the register.

8.) Judge probably chooses a test case for each issue.

9.) Judge makes a ruling for each issue. Each ruling applies to everyone with that issue.

10.) Z carers continue their claim to argue that they are Zambrano carers.

11.) Z carer gets settled or pre-settled status under EUSS.

[lolwe]

To those waiting for both drf1 and settlement scheme appeal, if and when it is allowed.

Do not let home office get away with giving you only one card, they should give you a card under DRF1 which cost 65 and one under settlement scheme which was free... If they try to not do this, challenge them.

Both cards are the same but one is directly from EU laws where the other is subject to UK constant change of immigration laws. REQUEST PROOF OF BOTH.

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

Hello my people! Complements of the Season.

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

What does this mean, "One card is directly from the EU? The UK has left the EU. EU laws no longer apply after 31 December 2020. If an employer or landlord does not want to accept the biometric card based on DRF1, they don't have to accept it.

[lolwe]

Quotes

Leaving the issue of Zambrano carers of UK nationals to be determined in accordance with domestic UK law opens up a gap in the legal protection provided by the Agreement even though it remains open to national law to provide the protection that the Agreement does not offer.

...

There is no obligation in the Withdrawal Agreement on UK Courts to align themselves to the case law of the Court of Justice handed down after the end of the transition period.

...

Draft legislation proposals reveal how the government intends to protect (most) of the people eligible to apply to the EU Settlement Scheme, but who have failed to do so before the end of the transition period. It sets out that during the grace period, economically active EEA nationals and Swiss nationals will automatically remain lawfully in the UK. They will also be protected if they do apply before 30 June 2021, but their application is unresolved when that deadline passes.

...

xxxxxxxxx, founding solicitor at xxxxx, confirms this. “I just can’t see any reason why those citizens who do not currently reside in accordance with the EEA Regulations could not have been included as covered by the Statutory Instrument [the proposed legislation], for example, by disapplying the CSI requirement. The main purpose of the Statutory Instrument is to provide for a grace period rather than any additional rights relating to free movement and so I cannot understand why the government would exclude a potentially significant number of citizens.”

...

Additionally, for non-EEA family members who rely on derivative rights to apply to the EUSS, all of these issues will be even more complicated. Not only are non-EEA nationals applying based on derivative rights not covered by the proposed legislation, their immigration status is also unclear during the grace period between 1 January 2021 and 30 June 2021.

[LULUBABY]

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

Hello my people! Complements of the Season.

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

What does this mean, "One card is directly from the EU? The UK has left the EU. EU laws no longer apply after 31 December 2020. If an employer or landlord does not want to accept the biometric card based on DRF1, they don't have to accept it.

The HO refused that Ngoo was a Zambrano carer hence her appeal and eventual win. They also refused her EUSS and asked her (like us) to stick to ltr. (Her ltr has also expired).
She has now reapplied for EUSS again and hopes to get her a positive decision since the court has told HO she is a Zambrano carer.

[LULUBABY]

To those waiting for both drf1 and settlement scheme appeal, if and when it is allowed.

Do not let home office get away with giving you only one card, they should give you a card under DRF1 which cost 65 and one under settlement scheme which was free... If they try to not do this, challenge them.

Both cards are the same but one is directly from EU laws where the other is subject to UK constant change of immigration laws. REQUEST PROOF OF BOTH.

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

Hello my people! Complements of the Season.

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

Congratulations Ngoo, you are almost there.

[lolwe]

Hello my people! Complements of the Season.

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

What does this mean, "One card is directly from the EU? The UK has left the EU. EU laws no longer apply after 31 December 2020. If an employer or landlord does not want to accept the biometric card based on DRF1, they don't have to accept it.

The HO refused that Ngoo was a Zambrano carer hence her appeal and eventual win. They also refused her EUSS and asked her (like us) to stick to ltr. (Her ltr has also expired).
She has now reapplied for EUSS again and hopes to get her a positive decision since the court has told HO she is a Zambrano carer.

I don't think Ngoo was refused because the Home Office did not believe she/he is a Zambrano carer. Like many/most applicants, Ngoo was refused because the Home Office want to refuse people.

Ngoo falls under

• Issue 2 if her LTR was still active at the time she applied for EUSS, or

• Issue 3 if her LTR under Appendix FM had expired by the time she had applied for EUSS and she refused to extend it

[LULUBABY]

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

What does this mean, "One card is directly from the EU? The UK has left the EU. EU laws no longer apply after 31 December 2020. If an employer or landlord does not want to accept the biometric card based on DRF1, they don't have to accept it.

The HO refused that Ngoo was a Zambrano carer hence her appeal and eventual win. They also refused her EUSS and asked her (like us) to stick to ltr. (Her ltr has also expired).
She has now reapplied for EUSS again and hopes to get her a positive decision since the court has told HO she is a Zambrano carer.

I don't think Ngoo was refused because the Home Office did not believe she/he is a Zambrano carer. Like many/most applicants, Ngoo was refused because the Home Office want to refuse people.

Ngoo falls under

• Issue 2 if her LTR was still active at the time she applied for EUSS, or

• Issue 3 if her LTR under Appendix FM had expired by the time she had applied for EUSS and she refused to extend it

My ltr was valid when I applied for EUSS but expired shortly before the decision was made

[lolwe]

EU Settlement Scheme Statistics - November 2020

• 57% of granted applications were with Pre-Settled Status.

• 1 in 15 EU settlement applications were either refused, invalid, withdrawn or void in November

• 1 in 32 applications were refused in November. That's 6,600 in total

The Courts are going to be even busier over the next six months.

[lolwe]

My ltr was valid when I applied for EUSS but expired shortly before the decision was made

The judge will have to answer the question - What if a Zambrano carer with LTR under Appendix FM allows the leave to expire? Moreover, she does not renew her leave but instead applies under EUSS?

The answer is important for you, but also for all the other Zambrano carers who currently have LTR under Appendix FM. Many Zambrano carers will want to let their LTR expire and switch to EUSS.

Appendix FM is based on Article 8 of the European Convention on Human Rights and the UK government don't want to follow those rules.

[lolwe]

GET READY TO COMPLAIN

I wonder if they will take complaints from Zambrano carers?

The Independent Monitoring Authority is an independent body that monitors the UK’s domestic implementation and application of the citizens’ rights agreements with the EU and EEA EFTA states.

We look for systemic issues – patterns of discrimination that most affect people’s lives.

We do not replace existing arrangements for individual grievances.

The Independent Monitoring Authority is an independent executive non-departmental public body (NDPB) and as an independent authority, it will be accountable to parliament through its sponsor department, the Ministry of Justice.

The IMA will be able to launch inquiries, receive complaints and bring legal action in order to identify any breaches.

To monitor the UK’s implementation and application of the citizens’ rights parts of the agreements

The IMA will begin operating from the end of the transition period - 11pm on Thursday 31 December 2020.

[Miss-Suz]

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.

Thanks Lagosbos

[Miss-Suz]

Urgent! Review and Comment!

N244 for GLO Application
Draft Order
Pending: A Statement of Case

DRAFT ORDER

1. The following SSHD policy regarding EUSS applications by Zambrano carers is unlawful. Zambrano carers who do not have leave to remain under another part of the Immigration Rules can not be refused because they

• never applied for leave or

• had leave, but declined to extend their previous leave to remain.

Applications that have been refused for this reason must be reversed.

2. SSHD’s use of its discretion to grant leave outside the rules for Appendix is irrational and discriminatory. Applications that have been refused for this reason must be reversed.

3. SSHD must share publicly

• the number of successful EUSS applications by Zambrano carers who currently held Leave to Remain under another part of the Immigration Rules.

• the process by which it refuses applications for settled or pre-settled status under Appendix EU by Zambrano carers with leave to remain under another part of the Immigration Rules and accepts others.

4. Costs.

Oh my! Oh my! Thanks a bunch Lolwe
Things are faster moving
Don’t know how to thank you for all this

[Miss-Suz]

@Everyone,

We need a copy of each refusal letter to submit as evidence. The three issues are currently:

1.) Zambrano carers refused for not applying for Appendix FM
2.) Zambrano carers refused for having Appendix FM
3.) Zambrano carers refused for not extending Appendix FM

Steps

1.) Scan the letter
2.) Open image software
3.) Put black boxes over your personal information
4.) Take screenshots of the refusal letter
5.) Upload the screenshots to this forum.

Thanks

How to upload the screenshots? Have been trying to do it but cant

[Miss-Suz]

After the case is created, Zambrano carers, their friends and family can send emails to a newspaper or tv station and ask them to run a story highlighting the refusals under the EU settlement scheme.

If everyone emails the same paper or journalist around the same time, the journalist is much more likely to take the story seriously.

Steps for the Group Litigation Order

1.) Find a Zambrano carer who qualifies for a fee waiver - See Gee

2.) Z carer completes N244 and EX160

3.) Z carer will Attach, Draft Order and Statement of Case

4.) Judge decides if GLO is acceptable

5.) Judge asks President of Queen's Bench Division for approval to create a GLO

6.) Court creates a GLO register

7.) Zambrano carers join the register.

8.) Judge probably chooses a test case for each issue.

9.) Judge makes a ruling for each issue. Each ruling applies to everyone with that issue.

10.) Z carers continue their claim to argue that they are Zambrano carers.

11.) Z carer gets settled or pre-settled status under EUSS.

Yes! This is exactly what I am thinking to do

[Miss-Suz]

GET READY TO COMPLAIN

I wonder if they will take complaints from Zambrano carers?

The Independent Monitoring Authority is an independent body that monitors the UK’s domestic implementation and application of the citizens’ rights agreements with the EU and EEA EFTA states.

We look for systemic issues – patterns of discrimination that most affect people’s lives.

We do not replace existing arrangements for individual grievances.

The Independent Monitoring Authority is an independent executive non-departmental public body (NDPB) and as an independent authority, it will be accountable to parliament through its sponsor department, the Ministry of Justice.

The IMA will be able to launch inquiries, receive complaints and bring legal action in order to identify any breaches.

To monitor the UK’s implementation and application of the citizens’ rights parts of the agreements

The IMA will begin operating from the end of the transition period - 11pm on Thursday 31 December 2020.

Hi Lolwe,
Does that mean we can take the complaints to them as well?

[Chris90]

@lolwe DRF1 application applies directly to EEA Regulations 2016 including any amendments.
An Zambrano application under EUSS only transfer the Zambrano principles (DRF1) from EU law to UK rules (appendix EU), currently the requirements for a Zambrano carer under the settlement scheme is the same as under DRF1(EEA Regulations), however as UK immigration laws are subject to constant change, I can see home office making changes when the grace period for application to the scheme ends.

Why I believe it's important to have Zambrano under DRF1 aswell?

Let's say you apply for pre settle status under the settlement scheme, you got it and while you are waiting to be able to upgrade this to settle status the UK changes the rules of Zambrano settlement scheme, this new hypothetical change then leaves you ineligible to upgrade to settled status after 5 years , You are then advised to switch to another category.

Should you have a successful Zambrano claim and have proof directly under EEA Regulations rather than just the settlement scheme (appendix EU), you have a strong case to move forward.

Home Office have already ammended the settlement scheme or appendix EU already multiple times. Just imagine when EU rules no longer applies.

So yea. Unless you are eligible for settled status straight away, you will get pre settled status with the intentions of applying for settled status when you clock up 5 years. You will have DRF1 to back you up should there be drastic changes.

[lolwe]

How to upload the screenshots? Have been trying to do it but cant

That's because it is hidden. If you look below the edit screen, in the blue section, you will see Options and Attachments. Choose Attachments and then Add files.

[Miss-Suz]

How to upload the screenshots? Have been trying to do it but cant

That's because it is hidden. If you look below the edit screen, in the blue section, you will see Options and Attachments. Choose Add files.

Oh ok thanks Lolwe, will try this

[lolwe]

GET READY TO COMPLAIN

I wonder if they will take complaints from Zambrano carers?

The Independent Monitoring Authority is an independent body that monitors the UK’s domestic implementation and application of the citizens’ rights agreements with the EU and EEA EFTA states.

We look for systemic issues – patterns of discrimination that most affect people’s lives.

We do not replace existing arrangements for individual grievances.

The Independent Monitoring Authority is an independent executive non-departmental public body (NDPB) and as an independent authority, it will be accountable to parliament through its sponsor department, the Ministry of Justice.

The IMA will be able to launch inquiries, receive complaints and bring legal action in order to identify any breaches.

To monitor the UK’s implementation and application of the citizens’ rights parts of the agreements

The IMA will begin operating from the end of the transition period - 11pm on Thursday 31 December 2020.

Hi Lolwe,
Does that mean we can take the complaints to them as well?

https://www.gov.uk/government/organisat ... agreements

If you do not meet these criteria but you have an issue you want to report, we still want to hear from you. You can contact us to report the issue. Although we would not resolve the individual complaints reported to us, they are vital in helping us find wider problems so we can help protect others from experiencing the same issues.

[Miss-Suz]

GET READY TO COMPLAIN

I wonder if they will take complaints from Zambrano carers?

The Independent Monitoring Authority is an independent body that monitors the UK’s domestic implementation and application of the citizens’ rights agreements with the EU and EEA EFTA states.

We look for systemic issues – patterns of discrimination that most affect people’s lives.

We do not replace existing arrangements for individual grievances.

The Independent Monitoring Authority is an independent executive non-departmental public body (NDPB) and as an independent authority, it will be accountable to parliament through its sponsor department, the Ministry of Justice.

The IMA will be able to launch inquiries, receive complaints and bring legal action in order to identify any breaches.

To monitor the UK’s implementation and application of the citizens’ rights parts of the agreements

The IMA will begin operating from the end of the transition period - 11pm on Thursday 31 December 2020.

Hi Lolwe,
Does that mean we can take the complaints to them as well?

Who can report
As a citizen of an EU or EEA EFTA country (Iceland, Liechtenstein or Norway), your rights are protected by the EU Withdrawal Agreement or the EEA EFTA Separation Agreement.

These rights include:

your ability to live and work in the UK
having qualifications you gained in an EU or EEA EFTA country recognised in the UK
your ability to access housing, healthcare, education and benefits
being treated equally to UK citizens
You can report a complaint using our online tool if:

you are a citizen of one of these countries
you believe one of these rights has been breached
A family member or organisation can also report on your behalf.

If you do not meet these criteria but you have an issue you want to report, we still want to hear from you. You can contact us to report the issue.

Although we would not resolve the individual complaints reported to us, they are vital in helping us find wider problems so we can help protect others from experiencing the same issues.

You should still complain in the normal ways to find a resolution to your problem.

[Miss-Suz]

GET READY TO COMPLAIN

I wonder if they will take complaints from Zambrano carers?

The Independent Monitoring Authority is an independent body that monitors the UK’s domestic implementation and application of the citizens’ rights agreements with the EU and EEA EFTA states.

We look for systemic issues – patterns of discrimination that most affect people’s lives.

We do not replace existing arrangements for individual grievances.

The Independent Monitoring Authority is an independent executive non-departmental public body (NDPB) and as an independent authority, it will be accountable to parliament through its sponsor department, the Ministry of Justice.

The IMA will be able to launch inquiries, receive complaints and bring legal action in order to identify any breaches.

To monitor the UK’s implementation and application of the citizens’ rights parts of the agreements

The IMA will begin operating from the end of the transition period - 11pm on Thursday 31 December 2020.

Hi Lolwe,
Does that mean we can take the complaints to them as well?

Who can report
As a citizen of an EU or EEA EFTA country (Iceland, Liechtenstein or Norway), your rights are protected by the EU Withdrawal Agreement or the EEA EFTA Separation Agreement.

These rights include:

your ability to live and work in the UK
having qualifications you gained in an EU or EEA EFTA country recognised in the UK
your ability to access housing, healthcare, education and benefits
being treated equally to UK citizens
You can report a complaint using our online tool if:

you are a citizen of one of these countries
you believe one of these rights has been breached
A family member or organisation can also report on your behalf.

If you do not meet these criteria but you have an issue you want to report, we still want to hear from you. You can contact us to report the issue.

Although we would not resolve the individual complaints reported to us, they are vital in helping us find wider problems so we can help protect others from experiencing the same issues.

You should still complain in the normal ways to find a resolution to your problem.


[/
“If you do not meet these criteria but you have an issue you want to report, we still want to hear from you. You can contact us to report the issue. “

[Miss-Suz]

GET READY TO COMPLAIN

I wonder if they will take complaints from Zambrano carers?

The Independent Monitoring Authority is an independent body that monitors the UK’s domestic implementation and application of the citizens’ rights agreements with the EU and EEA EFTA states.

We look for systemic issues – patterns of discrimination that most affect people’s lives.

We do not replace existing arrangements for individual grievances.

The Independent Monitoring Authority is an independent executive non-departmental public body (NDPB) and as an independent authority, it will be accountable to parliament through its sponsor department, the Ministry of Justice.

The IMA will be able to launch inquiries, receive complaints and bring legal action in order to identify any breaches.

To monitor the UK’s implementation and application of the citizens’ rights parts of the agreements

The IMA will begin operating from the end of the transition period - 11pm on Thursday 31 December 2020.

Hi Lolwe,
Does that mean we can take the complaints to them as well?

https://www.gov.uk/government/organisat ... agreements

If you do not meet these criteria but you have an issue you want to report, we still want to hear from you. You can contact us to report the issue. Although we would not resolve the individual complaints reported to us, they are vital in helping us find wider problems so we can help protect others from experiencing the same issues.

Thanks a million Lolwe, just went to their website and saw it

[lolwe]

@lolwe DRF1 application applies directly to EEA Regulations 2016 including any amendments.
An Zambrano application under EUSS only transfer the Zambrano principles (DRF1) from EU law to UK rules (appendix EU), currently the requirements for a Zambrano carer under the settlement scheme is the same as under DRF1(EEA Regulations), however as UK immigration laws are subject to constant change, I can see home office making changes when the grace period for application to the scheme ends.

Why I believe it's important to have Zambrano under DRF1 aswell?

Let's say you apply for pre settle status under the settlement scheme, you got it and while you are waiting to be able to upgrade this to settle status the UK changes the rules of Zambrano settlement scheme, this new hypothetical change then leaves you ineligible to upgrade to settled status after 5 years , You are then advised to switch to another category.

Should you have a successful Zambrano claim and have proof directly under EEA Regulations rather than just the settlement scheme (appendix EU), you have a strong case to move forward.

Home Office have already ammended the settlement scheme or appendix EU already multiple times. Just imagine when EU rules no longer applies.

So yea. Unless you are eligible for settled status straight away, you will get pre settled status with the intentions of applying for settled status when you clock up 5 years. You will have DRF1 to back you up should there be drastic changes.

Scenario:

Zambrano carer applies for settlement under EUSS.
Home Office gives Z carer pre-settled status.
A Minister creates or amends a Statutory Instrument to change the EUSS rules.
Zambrano carer is now ineligible for an upgrade to settled status under EUSS.

Do you really think, that because that Zambrano carer once had DRF1, that the court will force the Home Office to allow the Zambrano carer to continue under EUSS? The court will have no jurisdiction. Parliament is sovereign.

The only hope I see in this scenario is with the European Court of Human Rights. But, the Tories want to withdraw from the Council of Europe and cancel the Human Rights Act as we know it, so the ECHR will probably not be there to help the Zambrano carer.

In my humble opinion, the only realistic option for Zambrano carers is to figure out how this Group Litigation Order thing works - along with the media - and fast.

[Ngoo]

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

Hello my people! Complements of the Season.

I received a letter last week from HO which states that they will implement the Judge’s decision and to the glory of God, I got an email from the HO this morning before 9am that they have posted our Biometric Resident Permit through fedex so I should have the cards by tomorrow. Please don’t give up my fellow warriors. Best of luck!

Congratulations Ngoo, you are almost there.

@Lulubaby, thank you.Please keep your faith burning only God has the final say.