Agree 100 percent with this, however this action will most certainly trigger and appeal and having already being established under DRF1 will put such a person in a better position to succeed. EUSS will be no contestlolwe wrote: ↑Wed Dec 30, 2020 5:32 pmScenario:Chris90 wrote: ↑Wed Dec 30, 2020 5:17 pm@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.
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.
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