Mata wrote: ↑Fri Jan 21, 2022 9:01 pmApplied for Zambrano Settled status (EUSS) in January 2021.
Home Office refused the application in April 2021.
Appealed to the Immigration Tribunal immediately. Appeal was based on paper (no legal representation).
Included in the bundle were skeleton argument and witness statement using the information gathered from this thread plus documentary evidence. The Home Office filed one bundle; i.e.. the refusal letter.
Immigration Tribunal just allowed the appeal this month. In short, the judge found no necessity to make Art.8/Appendix FM application before applying for Zambrano Settled status. The judge could not find anything in the EUSS provisions which required to lodge Art.8/Appendix FM first.
Appeal allowed and fee award made. It was a very short and a common sense judgment. Obviously, Home Office has 14 days to appeal, but very pleased with the outcome.
Just want to thank everyone here who have shared their knowledge, experience and expertise. All the legal arguments used in the appeal came from this thread by reading from the first post to the last before submission. Thank you very much!
Waiting to read the decision of the Court of Appeal in Akinsanya on 25th January. Good luck for everyone going through similar experience. NEVER GIVE UP!
Thanks for this...as I mentioned in a previous post, I have had to put in an extension for my 2.5 years based on parent of a British child ...I already have Zambarano application I put in in August 2021, so far just an acknowledgement letter....the sad thing appendix FM still advises that a current application will cancel any other ongoing application yet Akinsanya consent order say the two can run concurrently. ...it is sad and confusing
