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Anyone who has a British national child(under 18)and is not exempt is entitle to eea or euss zambrano if they meet the reg 16 requirements.munirabid wrote: ↑Mon Jun 14, 2021 10:42 pm
hi snooky,
1.my child got British Citizen in August 2020, Did I qualify for Zambarano Carer?
2. Can I apply online?
The reg16 never said so. The reg used the word exempt person's and HO defined exempt persons based on PSIC s. 13(2) of the Asylum and Immigration Act 1996 as is defined. Anyone who is within this isn't exempt.Minaseer wrote: ↑Mon Jun 14, 2021 11:57 pmThanks snooky,
My understanding by section 16 is that people already having leave to remain would not be eligible as they would not be required to leave UK etc.
This may be the case earlier..however with this new judgment last week it completely took the whole EU jurisdiction into zambrano carer into account. As far as i understood by the latest decision... parents should be give leave to remain without any limit on the duration of the leave eg 30 months leave, renewed upto 10 years n leading to ILR.
I have noted the paragraphs to be of great importance. I would be grateful if you can give your opinion on these.
Para,22,23,24,35,37,40,41,74
https://www.bailii.org/ew/cases/EWHC/Ad ... /1535.html
Many thanks
snooky wrote: ↑Sat Jun 12, 2021 11:22 pmSnooky,netqueen wrote: ↑Sat Jun 12, 2021 10:16 pmLULUBABY wrote: ↑Sat Jun 12, 2021 8:40 pmSnooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.
Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.
'Nice weather innit'
My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.
Net queen
How are you??
I am doing very well. Many thanks. Still waiting for Home Office, I guess not long now with this new ruling in our favour.
netqueen wrote: ↑Tue Jun 15, 2021 8:59 amHonestly Netqueen, I still can't believe they haven't given you a positive decision yet. You were supposed to have gotten yours earlier than now.snooky wrote: ↑Sat Jun 12, 2021 11:22 pmSnooky,netqueen wrote: ↑Sat Jun 12, 2021 10:16 pmLULUBABY wrote: ↑Sat Jun 12, 2021 8:40 pmSnooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.
Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.
'Nice weather innit'
My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.
Net queen
How are you??
I am doing very well. Many thanks. Still waiting for Home Office, I guess not long now with this new ruling in our favour.
Strange....
I don't know what you are reading but all I know is HO has accepted the ruling and had implemented the decision promulgated by the judge
@Ojoke2020 any update on your appeal at the upper tribunal? I don't see any basis for that appeal following the HC judgement.ojoke2020 wrote: ↑Tue Apr 27, 2021 7:52 pm@lagosboy congratulations for your breakthrough.
My BRC has not arrived, for the HO has applied for permission to challenge the decision of the first tier tribunal to upper tribunal.
I was shocked when I received the court message informing me of the HO action few days after I received the (DERIVATIVE RESIDENCE CARD) initial decision.
My EUSS appeal is in progress too, so I didn't make any fresh application for this. Finger cross, I'm still waiting for both decision now.
@Snooky, please is it advisable to put in a fresh EUSS application while waiting for the appeal of a previous one.
netqueen wrote: ↑Tue Jun 15, 2021 8:59 amNetqueensnooky wrote: ↑Sat Jun 12, 2021 11:22 pmSnooky,netqueen wrote: ↑Sat Jun 12, 2021 10:16 pmLULUBABY wrote: ↑Sat Jun 12, 2021 8:40 pmSnooky do you remember there was a member who had a refusal of his EUSS application because he wrote that "He used to" give money towards his child's upkeep. Home office interpreted it as that he was paying the money before but no longer anymore.
Now it is HO's turn, looks like it rotates like a fan, when it gets to your turn it stops for a while and it blows the air on you. It is HO's turn now but looks like the fan has developed a fault and can't rotate anymore. Oh dear, in this hot weather, the fan is stuck. 2 options, either you change position or you reduce the settings.
'Nice weather innit'
My grandmother couldn't pronounce Mysterious so when we say 'God is Mysterious', she will be there saying 'God is 'Immirimious'.
Net queen
How are you??
I am doing very well. Many thanks. Still waiting for Home Office, I guess not long now with this new ruling in our favour.
Don't worry member. HO is now in a collateral bipolar. They are going to send to you your Leave soon.
Be wise with cunning HO.Shazma80 wrote: ↑Tue Jun 15, 2021 10:50 amThe HO has just asked my solicitor to ask me to choose to withdraw either my AR or LImited Leave application. Based on this new judgement what would be the advise? Can I / should I withdraw the LR and whack in a new EUSS application. I first applied for EUSS in 08/2019 refused 11/2020. AR lodged 24/12/2021. Thanks good people.
24/12/20 you mean?. Mhhhh, 5 month old AR in 'Judicial Review life time' should have gotten a hearing date for either paper or oral hearing and bundles should have already exchanged hands by now.snooky wrote: ↑Tue Jun 15, 2021 11:00 amBe wise with cunning HO.Shazma80 wrote: ↑Tue Jun 15, 2021 10:50 amThe HO has just asked my solicitor to ask me to choose to withdraw either my AR or LImited Leave application. Based on this new judgement what would be the advise? Can I / should I withdraw the LR and whack in a new EUSS application. I first applied for EUSS in 08/2019 refused 11/2020. AR lodged 24/12/2021. Thanks good people.
For them to ask you to withdraw one is not in accordance with the principle and the judgment. This is my problem with some solicitors. The fail to see HO is at wrong.
Anyway with best advise, I will say go for the AR and reject the( LTR). You have a legal right to have the 2 leave due to the judgment
Zambrano is better and assures you a free ILR and a guaranteed life than Appendix FM.
How did you get this? Is it a draft or final order.apollo_alpha wrote: ↑Tue Jun 15, 2021 7:09 pmDeclarations and Order of the court in the Akinsanya Case:
IN THE HIGH COURT OF JUSTICE CO/4877/2020
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
BETWEEN:-
The Queen (on the application of)
Olorunfunmilayo Oluwaseun Akinsanya
Claimant
-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant
ORDER
BEFORE THE HONOURABLE MR JUSTICE MOSTYN, handing down judgment remotely under the COVID-19 Protocol on 9 June 2021;
UPON hearing counsel for the Claimant and counsel for the Defendant;
IT IS DECLARED THAT:
1. The Secretary of State erred in law when providing, in Annex 1 to Appendix EU to the Statement of Changes to the Immigration Rules HC 395 as amended, that the definition of a “person with a Zambrano right to reside” includes paragraph (b) “a person …. without leave to enter or remain in the UK, unless this was granted under this Appendix.”
2. The Guidance issued by the Secretary of State (1) “Free Movement Rights: derivative rights of residence” (version 5.0 of 2 May 2019) and (2) “EU Settlement Scheme: person with a Zambrano right to reside” (version 4.0 of 27 April 2021) is legally erroneous insofar as it states that a person who has limited leave to enter or remain in the UK cannot also have a derivative right to reside by virtue of regulation 16(1) of the Immigration (European Economic Area) Regulations 2016, by satisfying the criteria in regulation 16(5) of those Regulations.
IT IS ORDERED THAT:
3. The claim for judicial review is allowed.
4. The Defendant’s decision of 29 September 2020 refusing the Claimant indefinite leave to remain under Appendix EU of the Immigration Rules is quashed.
5. The Claimant’s application for further relief is adjourned to Thursday 17 June 2021 at 10:30, time estimate two hours, to be heard remotely via Microsoft Teams.
6. The Defendant shall pay the Claimant’s costs, to be the subject of a detailed assessment on the standard basis if not agreed. This order for costs does not cover the aforesaid application for further relief. The costs of that application shall be determined following the hearing listed by paragraph 5 above.
7. The Defendant shall by 16:00 on Tuesday 6 July 2021 make a payment on account of £25,000 towards the Claimant’s costs.
8. There shall be a detailed assessment of the Claimant’s publicly funded costs.
9. The Defendant’s application for permission to appeal is refused the court not being satisfied that the proposed appeal has a real prospect of success or that there is some other reason why an appeal should be heard.
10. Any Notice of Appeal must include an application to the Court of Appeal for expedition of the appeal and must be filed with the Court of Appeal and served by 16:00 on Monday 21 June 2021.
11. The Defendant’s application for a stay of execution of the order in para 7 above for a payment on account of costs is refused.
Dated 9 June 2021
Obie, it is also along with the judgment HO lawyer sent to me. I didn't bother posting it because I thought everyone who saw the judgement also saw it.Obie wrote: ↑Tue Jun 15, 2021 10:07 pmHow did you get this? Is it a draft or final order.apollo_alpha wrote: ↑Tue Jun 15, 2021 7:09 pmDeclarations and Order of the court in the Akinsanya Case:
IN THE HIGH COURT OF JUSTICE CO/4877/2020
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
BETWEEN:-
The Queen (on the application of)
Olorunfunmilayo Oluwaseun Akinsanya
Claimant
-and-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant
ORDER
BEFORE THE HONOURABLE MR JUSTICE MOSTYN, handing down judgment remotely under the COVID-19 Protocol on 9 June 2021;
UPON hearing counsel for the Claimant and counsel for the Defendant;
IT IS DECLARED THAT:
1. The Secretary of State erred in law when providing, in Annex 1 to Appendix EU to the Statement of Changes to the Immigration Rules HC 395 as amended, that the definition of a “person with a Zambrano right to reside” includes paragraph (b) “a person …. without leave to enter or remain in the UK, unless this was granted under this Appendix.”
2. The Guidance issued by the Secretary of State (1) “Free Movement Rights: derivative rights of residence” (version 5.0 of 2 May 2019) and (2) “EU Settlement Scheme: person with a Zambrano right to reside” (version 4.0 of 27 April 2021) is legally erroneous insofar as it states that a person who has limited leave to enter or remain in the UK cannot also have a derivative right to reside by virtue of regulation 16(1) of the Immigration (European Economic Area) Regulations 2016, by satisfying the criteria in regulation 16(5) of those Regulations.
IT IS ORDERED THAT:
3. The claim for judicial review is allowed.
4. The Defendant’s decision of 29 September 2020 refusing the Claimant indefinite leave to remain under Appendix EU of the Immigration Rules is quashed.
5. The Claimant’s application for further relief is adjourned to Thursday 17 June 2021 at 10:30, time estimate two hours, to be heard remotely via Microsoft Teams.
6. The Defendant shall pay the Claimant’s costs, to be the subject of a detailed assessment on the standard basis if not agreed. This order for costs does not cover the aforesaid application for further relief. The costs of that application shall be determined following the hearing listed by paragraph 5 above.
7. The Defendant shall by 16:00 on Tuesday 6 July 2021 make a payment on account of £25,000 towards the Claimant’s costs.
8. There shall be a detailed assessment of the Claimant’s publicly funded costs.
9. The Defendant’s application for permission to appeal is refused the court not being satisfied that the proposed appeal has a real prospect of success or that there is some other reason why an appeal should be heard.
10. Any Notice of Appeal must include an application to the Court of Appeal for expedition of the appeal and must be filed with the Court of Appeal and served by 16:00 on Monday 21 June 2021.
11. The Defendant’s application for a stay of execution of the order in para 7 above for a payment on account of costs is refused.
Dated 9 June 2021
Correcet. He was in year 1 when we left UK. And have submitted school confirmation as well along with other docs to HO. Schools are remain closed in Sri Lanka due to pandemic situation since we came.LULUBABY wrote: ↑Sat Jun 12, 2021 7:13 pmIs your child in School or rather was your child in school here in the U.K. before you left?. I ask because you left during the pandemic period and he would have been in reception if not for the lockdown but now he is meant to be in school, year 1, right?.ravindra121 wrote: ↑Sat Jun 12, 2021 9:01 amIm afraid I had to travel for some reasons. Is there anyway I could use my child's citizenship to come backLULUBABY wrote: ↑Thu Jun 10, 2021 1:40 pmravindra121 wrote: ↑Sun Jun 06, 2021 12:55 pmI have applied for zambrano with british child and left UK on last July 2020 while application under processing. application been refused and didn't even apply for administrative review.
Now I'm in Sri Lanka and my british son who is 6 years old doesnt like to stay here.
My question
is there anyway that I could apply for the same route from outside UK or any other route to come in to the UK with my family. ( I have 2 more children who born in UK, but they not british, Me and my wife are Sri Lankans, 1st child british under stateless route)
Thank youHello Ravindra, I was just going through your previous posts and saw this reply to you from Snooky when you stated that you needed to travel. Oh dear, why did you travel?.snooky wrote: ↑Tue May 12, 2020 9:34 pm@ravindra121
Hi according to the Home Office, you do not currently have Leave to Remain in the UK so you can't travel out and come in.
Should you have Leave to Remain, them during your Zambrano EUSS application consideration, you could travel in and out of UK. This is because EUSS actually legality of proof will start from 1 July 2021.
Now for the checks that HO do, actually no one knows which checks HO carries out. But the clue is in their guidance.
1. Eligibility 2. Suitability 3. Evidential Documents, 4. False Representation, 5. Good Character, 6. Dependency and Responsibilities, 7. Public Health, 8. Other Factors.
Your application could be answered within 10 months due to experience and what we have seen over here.
Hope this will help u. But be careful, do not travel as you have no leave to remain
Hi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.snooky wrote: ↑Sun Jun 13, 2021 12:46 pmYes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.
The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.
Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.
So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.
This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.
Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.
Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Greatgreat wrote: ↑Wed Jun 16, 2021 6:03 amHi snooky, can I pls ask if its possible to ask Ho to redress a refused application despite not appealing? My drf1 is still in court but I didn't appeal my EUSS because I totally lost confidence and most importantly I didn't want them rendering me useless and not able to work. It's honestly quite hostile when one does not have legal stay, I was in that position once and couldn't risk putting my kids through that again, so I renewed my LTR.snooky wrote: ↑Sun Jun 13, 2021 12:46 pmYes and HO should write to all people who applied and were refused Zambrano both euss and eea under such basis be asked to redo it.
The problem is those who did not invoked their eea right before 31 December 2020. That is a bit tricky because they did not see themselves as zambrano carers with right to reside.
Caution to those who would want to now take advantage of their EU writing with limited leave to remain, HO has already set into their appendix EU that after the implementation period most people right to reside will start from the day the card is issued to them not when they became qualifying members.
So in a nutshell, if you have been on LTR for 5 years already and failed to exercise your right before we left the bloc finally on 31 December 2020, when you apply to be a family member from 1 June 2021, the principal of Senneh vs SSWP will not be used for you.
This also needs challenging as in Akinsanya, the judges revisited right to reside for zambrano carers through Senneh vs SSWP and found it credible.
Now for those who did application before we left, you could seek for redress as your refusal now is illegal because the HO guidance erred within the practice.
Again do fresh application with good history of your old application that was rejected and ask them to apply retrospectively
Can I write to them to review my application? As they are refusing to send new form now.
Thanks