Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[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.

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.

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 contest

[Miss-Suz]

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 !

[gee4]

@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.

@lolwe I need your advice on what I can do. I made admin review since November I have received two emails first one stating they aim to review by 4th of January another email came in today saying they aim to review by February now. I want to make a complaint because I have no leave to remain and HO is putting myself and my autistic son at risk.

[lolwe]

@lolwe I need your advice on what I can do. I made admin review since November I have received two emails first one stating they aim to review by 4th of January another email came in today saying they aim to review by February now. I want to make a complaint because I have no leave to remain and HO is putting myself and my autistic son at risk.

Can you copy and paste the refusal letter? If not can you take a picture of your refusal letter and upload it? Just take pictures of the reasons, not your personal information.

I would not wait. Submit two applications - BEFORE 31 December 2020

1.) Complete the EX160 online for the N244
2.) Complete the fee waiver for the EUSS refusal First Tier Tribunal online
3.) Challenge the refusal in the first tier tribunal online
4.) File the Group Litigation Order - N244

Fee Waiver for N244 - EX160

https://www.gov.uk/get-help-with-court-fees

Fee Waiver for First Tier Tribunal / EUSS Challenge
https://immigrationappealsonline.justic ... k/IACFees/

EUSS Refusal

Choose "submit appeal" https://immigrationappealsonline.justic ... k/IACFees/
Guidance - https://assets.publishing.service.gov.u ... t5-eng.pdf

Group Litigation Order - N244

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

[gee4]

@lolwe I need your advice on what I can do. I made admin review since November I have received two emails first one stating they aim to review by 4th of January another email came in today saying they aim to review by February now. I want to make a complaint because I have no leave to remain and HO is putting myself and my autistic son at risk.

I would not wait. Submit two applications - BEFORE 31 December 2020

1.) Complete the EX160 online
2.) Challenge the refusal in the first tier tribunal online
3.) File the Group Litigation Order - N244

EX160

https://www.gov.uk/get-help-with-court-fees

EUSS Refusal

https://immigrationappealsonline.justic ... k/IACFees/
https://assets.publishing.service.gov.u ... t5-eng.pdf

Group Litigation Order - N244

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

Thank you lolwe but I have also submitted an appeal to First Tier Tribunal back in November.
I am currently not able to complete the group litigation as I’m not in my house where i have access to computer and printer at the moment

[gee4]

@lolwe I need your advice on what I can do. I made admin review since November I have received two emails first one stating they aim to review by 4th of January another email came in today saying they aim to review by February now. I want to make a complaint because I have no leave to remain and HO is putting myself and my autistic son at risk.

I would not wait. Submit two applications - BEFORE 31 December 2020

1.) Complete the EX160 online
2.) Challenge the refusal in the first tier tribunal online
3.) File the Group Litigation Order - N244

EX160

https://www.gov.uk/get-help-with-court-fees

EUSS Refusal

https://immigrationappealsonline.justic ... k/IACFees/
https://assets.publishing.service.gov.u ... t5-eng.pdf

Group Litigation Order - N244

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

Thank you lolwe but I have also submitted an appeal to First Tier Tribunal back in November.
I am currently not able to complete the group litigation as I’m not in my house where i have access to computer and printer at the moment

Do i also need to apply for DFR1

[lolwe]

Thank you lolwe but I have also submitted an appeal to First Tier Tribunal back in November.
I am currently not able to complete the group litigation as I’m not in my house where i have access to computer and printer at the moment

You have an appeal with the First Tier Tribunal and an admin review pending with the Home Office? As long as you filed a claim with the First Tier Tribunal, you are ok.

[lolwe]

Do i also need to apply for DFR1

If you do not have the paper application in your possession, I am not sure how you would be able to apply under DRF1 before tomorrow's deadline.

Some people here are positive about the DRF1. I take a different view. The key thing is probably to focus on your EUSS application.

[gee4]

Thank you lolwe but I have also submitted an appeal to First Tier Tribunal back in November.
I am currently not able to complete the group litigation as I’m not in my house where i have access to computer and printer at the moment

You have an appeal with the First Tier Tribunal and an admin review pending with the Home Office? As long as you filed a claim with the First Tier Tribunal, you are ok.

Yes that’s right. I have an appeal wit FtT and admin review. I am a little worried as to my faith after tomorrow but I put it all in God’s hand

[gee4]

Do i also need to apply for DFR1

If you do not have the paper application in your possession, I am not sure how you would be able to apply under DRF1 before tomorrow's deadline.

Some people here are positive about the DRF1. I take a different view. The key thing is to focus on your EUSS application.

I had already completed the form back in November and have all supporting documents ready but i never posted it because i read so much of your views about the DFR 1 application so I never submit it but I could tomorrow if i have to

[lolwe]

Thank you lolwe but I have also submitted an appeal to First Tier Tribunal back in November.
I am currently not able to complete the group litigation as I’m not in my house where i have access to computer and printer at the moment

You have an appeal with the First Tier Tribunal and an admin review pending with the Home Office? As long as you filed a claim with the First Tier Tribunal, you are ok.

Yes that’s right. I have an appeal wit FtT and admin review. I am a little worried as to my faith after tomorrow but I put it all in God’s hand

Ok. Well, we can file the Group Litigation Order tomorrow, if you are ready. We are just missing the refusal letters and the statement of case. You also need to do the fee waiver.

[gee4]

Thank you lolwe but I have also submitted an appeal to First Tier Tribunal back in November.
I am currently not able to complete the group litigation as I’m not in my house where i have access to computer and printer at the moment

You have an appeal with the First Tier Tribunal and an admin review pending with the Home Office? As long as you filed a claim with the First Tier Tribunal, you are ok.

Yes that’s right. I have an appeal wit FtT and admin review. I am a little worried as to my faith after tomorrow but I put it all in God’s hand

Ok. Well, we can file the Group Litigation Order tomorrow, if you are ready. We are just missing the refusal letters and the statement of case. You also need to do the fee waiver.

I will get on it tomorrow. Thank you

[lolwe]

Do i also need to apply for DFR1

If you do not have the paper application in your possession, I am not sure how you would be able to apply under DRF1 before tomorrow's deadline.

Some people here are positive about the DRF1. I take a different view. The key thing is to focus on your EUSS application.

I had already completed the form back in November and have all supporting documents ready but i never posted it because i read so much of your views about the DFR 1 application so I never submit it but I could tomorrow if i have to

Did you see that they changed the form? Last updated 14 October 2020

https://www.gov.uk/government/publicati ... -form-drf1

[lolwe]

You have an appeal with the First Tier Tribunal and an admin review pending with the Home Office? As long as you filed a claim with the First Tier Tribunal, you are ok.

Yes that’s right. I have an appeal wit FtT and admin review. I am a little worried as to my faith after tomorrow but I put it all in God’s hand

Ok. Well, we can file the Group Litigation Order tomorrow, if you are ready. We are just missing the refusal letters and the statement of case. You also need to do the fee waiver.

I will get on it tomorrow. Thank you

The problems I have with the derivative residence card are

1.) No guaranteed protection after 31 December 2020. The only thing the Home Office have committed to in writing, is that Zambrano carers can apply for EUSS after 31 December 2020. Plenty of people have said that the situation for Zambrano carers after 31 December 2020 is simply not guaranteed - unless they have a pending EUSS application.

2.) people spent so much time fighting for their derivative residence cards, that they didn't fight for settlement under EUSS. The Home Office got away with taking up to 18 months to decide EUSS applications. The EUSS is going to allow Zambrano carers to stay legally in the long term.

Given that your EUSS is already pending in the FTT, it won't hurt you to apply for a derivative residence card. There is just no legal mechanism for the card to do anything after tomorrow.

[lolwe]

There is a real desire by the Government to treat Zambrano carers differently to everyone else under EUSS. It It is very sad.

EXPLANATORY MEMORANDUM TO THE SOCIAL SECURITY
(INCOME-RELATED BENEFITS)
(UPDATING AND AMENDMENT)
(EU EXIT) REGULATIONS 2019
2019 No. 872

This instrument makes amendments to income-related benefits legislation to clarify that the existing rules on access to benefits for EEA (European Economic Area) and Swiss nationals remain in place for those granted limited leave to enter or remain under the EU Settlement Scheme (EUSS).

6.12 These amendments also clarify that a person who has limited leave to enter or remain under the EUSS and only has a right to reside as a Zambrano carer continues to not qualify for income-related benefits.

https://www.legislation.gov.uk/uksi/201 ... 872_en.pdf

[netqueen]

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.

Hi I am attaching pages 1 and 2 of my refusal letter.

[Miss-Suz]

Do i also need to apply for DFR1

If you do not have the paper application in your possession, I am not sure how you would be able to apply under DRF1 before tomorrow's deadline.

Some people here are positive about the DRF1. I take a different view. The key thing is to focus on your EUSS application.

I had already completed the form back in November and have all supporting documents ready but i never posted it because i read so much of your views about the DFR 1 application so I never submit it but I could tomorrow if i have to

Did you see that they changed the form? Last updated 14 October 2020

https://www.gov.uk/government/publicati ... -form-drf1

Yes they changed the form, mine one was the latest one 14 October 2020

[Miss-Suz]

I finally lodged my DRF1 appeal yesterday

[lolwe]

Here are a few quotes taken from an article:

Brexit was used as an opportunity to strip the Zambrano status of any value.

This was easy to do as given their marginalised status in society and lack of political voice, the situation of these families was ignored by politicians, the mainstream media and mainstream campaigns.

Their status was not discussed during the Brexit negotiations or during ratification by the European Parliament.

It was inevitable therefore that the rights of these mothers and children were not protected in the interim Joint Report of December 2017 or the final Withdrawal Agreement (WA) of October 2019.

...

As the Zambrano infants are UK citizens residing in the UK, and therefore not migrant EU citizens, they do not fall under the Citizenship Directive.

Neither the UK nor the EU specified what rights they will have.

As concluded by the House of Commons Home Affairs Committee Report (2018, paragraph 21), this group was ‘ignored during the first phase of negotiations’.

They were also ignored in the final stages of negotiations.

...

Brexit has fulfilled the British government aim to deprive Zambrano carers – black and migrant women who are mothers to British citizen children, or carers to adult British nationals – of their right to residence in in the UK, as set out in EU law.

However, this has also jeopardised the citizenship rights of those they look after. It is clear that no consideration was given to the impact of Brexit upon these children during the negotiation phase.

The rights of these citizens were also not the focus of any campaigns or discussions during or after Brexit.

The loss of these rights could have been avoided if the EU had paid attention to all of EU citizenship law and the rights of the child set out in EU human rights law...

[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.

Hi I am attaching pages 1 and 2 of my refusal letter.

Issue 1: We need Miss-Suz's refusal letter. I am not so sure Gee's refusal letter is like everyone else's in this category, but I could be wrong.
Issue 2: We have netqueen's refusal letter
Issue 3: We need Lulubaby's refusal letter

[lolwe]

An important point you really need to understand

If you read the documentation, it says that "derived" rights of the TFEU will continue after 31 December 2020.

You may think, that is great news! My rights are derived under Article 20 of the TFEU. Ruiz Zambrano was granted status because of Article 20 of the TFEU.

The problem is only derived benefits that have not been "disapplied" continue. Your derived rights have been disapplied.

The only part of Article 20 of the TFEU that continues, is the part related to the Citizenship Directive.

The Citizenship Directive only covers EU citizens who exercised their right to free movement and moved to another country.

Zambrano carers are not covered by the Citizenship Directive and therefore they have no rights after 31 December 2020.

[lolwe]

You have an appeal with the First Tier Tribunal and an admin review pending with the Home Office? As long as you filed a claim with the First Tier Tribunal, you are ok.

Yes that’s right. I have an appeal wit FtT and admin review. I am a little worried as to my faith after tomorrow but I put it all in God’s hand

Ok. Well, we can file the Group Litigation Order tomorrow, if you are ready. We are just missing the refusal letters and the statement of case. You also need to do the fee waiver.

I will get on it tomorrow. Thank you

You are welcome. As soon as you can, please submit the application.

I don't think you should wait for the statement of case and lulubaby's refusal letter. We can send it later.

Steps
1.) Complete the fee remission form - EX160
2.) Complete the N244 online. Choose Print. Save the form as a PDF.
3.) Email the N244 form, the draft order, your refusal letter and @netqueen's refusal letter to
i.f.a.taylorhouse@justice.gov.uk
Customer.Service@hmcts.gsi.gov.uk
IAFT5@hmcts.gsi.gov.uk
4.) Call them +44 (0)300 123 1711

They might not have heard of a Group Litigation Order(GLO). Tell them you want to file an application notice (N244) for a collective action. Hopefully, they should understand.

Thank you!

[Miss-Suz]

Oh sorry it’s not in order,

[gee4]

Yes that’s right. I have an appeal wit FtT and admin review. I am a little worried as to my faith after tomorrow but I put it all in God’s hand

Ok. Well, we can file the Group Litigation Order tomorrow, if you are ready. We are just missing the refusal letters and the statement of case. You also need to do the fee waiver.

I will get on it tomorrow. Thank you

You are welcome. As soon as you can, please submit the application.

I don't think you should wait for the statement of case and lulubaby's refusal letter. We can send it later.

Steps
1.) Complete the fee remission form - EX160
2.) Complete the N244 online. Choose Print. Save the form as a PDF.
3.) Email the N244 form, the draft order, your refusal letter and @netqueen's refusal letter to
i.f.a.taylorhouse@justice.gov.uk
Customer.Service@hmcts.gsi.gov.uk
IAFT5@hmcts.gsi.gov.uk
4.) Call them +44 (0)300 123 1711

They might not have heard of a Group Litigation Order(GLO). Tell them you want to file an application notice (N244) for a collective action. Hopefully, they should understand.

Thank you!

Ok I will do that. My refusal was generic as everyone’s too. It was refused because I’ve never made an application under Appendix FM and there would be prospect

[Mata]

The key is to avoid being forcibly removed after 31 December 2020 while the judge decides your case. You could be a target for a removal because you will not have LTR and the Home Office will likely say you are not a Zambrano carer.

So, if the HO removes/deports me to my country would they also remove/deport my British citizen children (to where?) whose their other parent is non-existent? Or would they take the children to care? I meam what would to these British children after their only parent has been deported?