Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Eburnie27]

Sadly yes. As Following the Akinsanya ruling, these two applications could co exist.
I will say it's actually better the ideas and guidance shared on this platform than to rely on information given by the EU resolution centre. They are not legal advisors.

Thanks so much

It is really messed up. I will look into applying this week.

[Nyamebeye]

I think they will just start making decisions. The COAs beome invalid anyway after decisions have been made unless one is appealing or has exhausted all appeal rights.
They cannot just start cancelling COAs.

[to be free]

I think they will just start making decisions. The COAs beome invalid anyway after decisions have been made unless one is appealing or has exhausted all appeal rights.
They cannot just start cancelling COAs.

This is what I meant... eventually they will not be valid

[Wishfulgirl]

Home office really knows how to mess us about. My further leave to remain expired in April 2022.

What is the appeal process should one not agree with home office reconsideration? Lagosboss? Anyone care to inform me if an appeal is likely where flr has expired and home office decided to now come with this.

[Lagosbos]

Home office really knows how to mess us about. My further leave to remain expired in April 2022.

What is the appeal process should one not agree with home office reconsideration? Lagosboss? Anyone care to inform me if an appeal is likely where flr has expired and home office decided to now come with this.

[Lagosbos]

Home office really knows how to mess us about. My further leave to remain expired in April 2022.

What is the appeal process should one not agree with home office reconsideration? Lagosboss? Anyone care to inform me if an appeal is likely where flr has expired and home office decided to now come with this.

The counsel for Akinsaya are yet to issue a statement, but I am sure they will be hosting webinar shortly to discuss possible next steps. As it stands this reconsideration doesn't help Akinsaya's case either, but I will leave it to them to figure out how they want to progress with their client's case. In case of an appeal, the Supreme Court is the next step should they decide to push further and with that, we will be in for a long run.

[abuken]

[Lagosbos]

That's an old tweet!

[Lagosbos]

As tweeted today!

[snooky]

Hi All

No change to settlement rules for Zambrano carers despite Akinsanya judgment

Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home Office has confirmed. The department announced today that it would not be changing the rules in this area, despite having to reconsider them in light of a Court of Appeal judgment.

I know you guys hope has been dashed due to SSHDs stands on Zambrano EUSS DR.

As it appears, Priti the Ugly is not given in fully on the Akinsanya Case to amend her guidance.

The SSHD has insisted that EUSS Zambrano DR will not be a fast service for anyone especially those previously who has had Appendix FM Leave to secure their indefinite leave.

In a nullshall, they have been deleted by default. SSHD has even refused to consider its own consent order also.

They have only reopen the EUSS ZAMBRANO application for just six weeks for those who technically had not previously been on Appendix FM or those who have switched from their Appendix FM to Zambrano.

The court case goes on. This is what we call contempt of court. I believe challenges has already started. SSHD aim is about money that they going to lose.

Do not give up for the liars of the the HO civil servants led by Patel.

[Kmt2014]

Morning. Please what do you mean by, switched from appendix fm to zambrano. Thanks

[Eburnie27]

Morning. Please what do you mean by, switched from appendix fm to zambrano. Thanks

Appendix FM is for family route like we have either 5 year or 10 year routes

[Kmt2014]

Hi thank you. I was asking if then it is possible to switch from A.FM to zambrano.

[Miss-Suz]

Hi thank you. I was asking if then it is possible to switch from A.FM to zambrano.

Hi,
You can’t, this is the issue now.
HO say if you are on FM route you cannot be considered as a person with Zambrano right.
Snooky is talking about those lucky ones who already switched their fm leave to Zambrano leave.

[Eburnie27]

Do we extend/renew our FLR or wait for the EUSS resolution centre to decide on our Zambrano applications before we do so?

[Fustrated2019]

Hi thank you. I was asking if then it is possible to switch from A.FM to zambrano.

Hi,
You can’t, this is the issue now.
HO say if you are on FM route you cannot be considered as a person with Zambrano right.
Snooky is talking about those lucky ones who already switched their fm leave to Zambrano leave.

Will we be able to appeal refusals as before since nothing has changed? Is it even worth challenging a refusal ?

[to be free]

Hi thank you. I was asking if then it is possible to switch from A.FM to zambrano.

Hi,
You can’t, this is the issue now.
HO say if you are on FM route you cannot be considered as a person with Zambrano right.
Snooky is talking about those lucky ones who already switched their fm leave to Zambrano leave.

Will we be able to appeal refusals as before since nothing has changed? Is it even worth challenging a refusal ?

I believe it is especially if it does not cost money.

For anyone with an existing visa and using COA for whatever, just drag it until you cannot anymore. For example studying. I want to think by the time they turn around and say the file No, one should be through

Just me thinking through this depressing situation

[to be free]

Hi thank you. I was asking if then it is possible to switch from A.FM to zambrano.

Hi,
You can’t, this is the issue now.
HO say if you are on FM route you cannot be considered as a person with Zambrano right.
Snooky is talking about those lucky ones who already switched their fm leave to Zambrano leave.

Will we be able to appeal refusals as before since nothing has changed? Is it even worth challenging a refusal ?

I believe it is especially if it does not cost money.

For anyone with an existing visa and using COA for whatever, just drag it until you cannot anymore. For example studying. I want to think by the time they turn around and say the file No, one should be through

Just me thinking through this depressing situation

[snooky]

After reading the the guidance, I found out that HO has erred and lied about what Judge Mostyn said.

They boldly claim MOSTYN SAID YOU CAN'T HAVE LTR and Zambrano

Read excerpts of what J Mostyn said

Mostyn J disagreed with the view in the EU Settlement Scheme: person with a Zambrano right to reside (version 4.0, 27 April 2021) guidance that in Patel v SSHD [2017] EWCA Civ 2028 the Court of Appeal said that a person with leave to remain under domestic law cannot benefit from a derivative right to reside on the basis of Zambrano. He said that the Court of Appeal (Irwin LJ) did not as part of its ratio decidendi state that a someone with existing leave to remain cannot benefit from Zambrano. The decision did not say that and if it were to, it would clash with the governing CJEU jurisprudence. Mostyn J held that:


49. … The Zambrano principle is simple and clear. An EU citizen, who happens to be a small child, is entitled to enjoy the full benefits of EU citizenship, of which the principal one is living in EU territory. If her primary carer were to be expelled from EU territory, and if in the real world the EU citizen would have to accompany the carer, then the EU citizen is denied the benefits of her citizenship. Therefore, her carer has to be granted residence in the relevant EU state. True, that grant of residence is derivative and is not obtained by passing through the front door. Therefore, it is a route to residence via the back door, although to describe it in such pejorative terms perhaps risks missing the true point.

51. My conclusion is that nothing decided in the CJEU or domestically since the decision in Zambrano supports the theory that the existence of a concurrent limited leave to remain of itself automatically extinguishes a claim for Zambrano residence. On the contrary, it is clear to me from the facts of Zambrano itself that the CJEU tacitly acknowledged that a limited national leave to remain, and a wider Zambrano right to remain, in many cases can and will coexist.

[Miss-Suz]

Hi thank you. I was asking if then it is possible to switch from A.FM to zambrano.

Hi,
You can’t, this is the issue now.
HO say if you are on FM route you cannot be considered as a person with Zambrano right.
Snooky is talking about those lucky ones who already switched their fm leave to Zambrano leave.

Will we be able to appeal refusals as before since nothing has changed? Is it even worth challenging a refusal ?

I don’t currently hold any leave and I have never held appendix FM leave (only EEA family member leave from 2011 to 2016).
But if I was into that case of holding LTR I would probably renew my leave as with HO this is going to be another long challenge, who knows when this going to end

[snooky]

I can't say to people not to renew their Appendix FM Leave or Not but I think the ruling was clear.

The two can coexist and do not vary each other. SSHD will be brought back to court and I urge you guys to fight on and use the laws in the ruling

[Miss-Suz]

The problem here is that the Court of appeal has given choices to HO by agreeing on ground 2. The judge left it to the Secretary of State to decide what she wanted to do next
We wouldn’t have been there if only the Court of appeal judge had confirmed J. Mostyn judgement.

[snooky]

The problem here is that the Court of appeal has given choices to HO by agreeing on ground 2. The judge left it to the Secretary of State to decide what she wanted to do next
We wouldn’t have been there if only the Court of appeal judge had confirmed J. Mostyn judgement.

That's why there's always an argument to make when it comes to doing appeal. One has to quotes these points and numbers as references and citations.

Remember in Alvi vs SSHD, it clear that guidances are not law so it shouldn't perclude anyone meeting the statutory legislation.

So I will say people should fight on because HO will also lose this case as they have deliberately again misled and put out misinformation.



Remember that HO Guidance can't itself preclude anyone from meeting the law

[Nyamebeye]

Just out of interest: has anyone had any issues booking their biometric appointment outside of the 30 days period stated on the bio letter?
I have booked a free appointment 3 days beyond the 30 day period. Other appointments were very far from me and chargeable too.
I have called the resolution centre as advised on the bio letter to let them know. The guy I spoke to said that's not a problem as long as I managed to book one. He will leave a note on my file to advise so.
As they are known for their inconsistencies and sometimes giving incorrect information, just thought I shd check here.

I already hold Zambrano pre settled, going for settled. Thanks

[KSplendide]

Many thanks for the tips and insights @snooky
Such mind numbing news yesterday it seemed to me all hope was lost! But you have just lifted my spirits. Thanks again
I am really grateful for this forum. Law is so complex and with such dodgy and shoddy lawyers I have encountered. I am learning a lot! Who knew that the 'HO guidance won't preclude one from meeting the statutory legislation? '
Like Miss Suz I also do not have leave under appendix FM but HO placed my EUSS application on hold following the Akinsanya judgement in line with the HO guidance that excludes those who didn't apply- stating that I stand a realistic chance with a domestic application under appendix FM.
It's just encouraging to know that I can still push forward regardless of their tactics.