Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Eburnie27]

Hello family,
Hope we are all doing well. Pleaseattached to this is a letter received from ftt . Could anyone help me out if my understanding of reading might be wrong. Any idea will be welcome

I am appealing too so I will wait for answers as wel

[Eburnie27]

Hello family,
Hope we are all doing well. Pleaseattached to this is a letter received from ftt . Could anyone help me out if my understanding of reading might be wrong. Any idea will be welcome

I am appealing so I will wait for answers as well

[Eburnie27]

Hello family,
Hope we are all doing well. Pleaseattached to this is a letter received from ftt . Could anyone help me out if my understanding of reading might be wrong. Any idea will be welcome

I am appealing so I will wait for answers as well

[zoovish]

where is the letter i can’t see any letters here?

[Tina87]

where is the letter i can’t see any letters here?

Check on page 179

[Tina87]

where is the letter i can’t see any letters here?

[forney-again-again]

Important!

Did the Home Office refuse your application because you had leave to remain under Appendix FM on 31 December 2020?

Are you filing an appeal with the First Tier Tribunal?

1.) You may want to submit a copy of the Withdrawal Agreement to the Court
2.) The Withdrawal Agreement says judges have to take into account case law after 31 December 2022.
3.) The EU Court says that a Zambrano carer based in the Netherlands is entitled to permanent residence after five years.


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

March 2022

Can a parent who is a third-country national and resides in a Member State by virtue of the right that he or she derives from the status of citizen of the European Union of his or her child, a minor, rely on that residence before the authorities of that Member State with a view to obtaining the status of long-term resident?

September 2022

Article 3(2)(e) of Directive 2003/109 must be interpreted as meaning that the concept of residence ‘solely on temporary grounds’, which is referred to therein, does not cover the residence of a third-country national under Article 20 TFEU within the territory of the Member State of which the Union citizen concerned is a national.

(This statement from September means that Zambrano carers are not temporary residents).


Article 4 of the EU Withdrawal Agreement

Methods and principles relating to the effect, the implementation and the application of this Agreement

1. The provisions of this Agreement and the provisions of Union law made applicable by this
Agreement shall produce in respect of and in the United Kingdom the same legal effects as those
which they produce within the Union and its Member States. Accordingly, legal or natural persons shall in particular be able to rely directly on the provisions contained or referred to in this Agreement which meet the conditions for direct effect under Union law.

2. The United Kingdom shall ensure compliance with paragraph 1, including as regards the required powers of its judicial and administrative authorities to disapply inconsistent or incompatible domestic provisions, through domestic primary legislation.

3. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of Union law.

4. The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the European Union handed down before the end of the transition period.

5. In the interpretation and application of this Agreement, the United Kingdom's judicial and administrative authorities shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the transition period.

[forney-again-again]

I forgot to mention

You should send the Withdrawal Agreement and a copy of the ruling for Mrs E.K.

You can google EU Withdrawal Agreement and download the pdf and send it to the court.

You can find E.K's case on Curia.

Go to curia.europa.eu and put in the case number - C-264/20

https://curia.europa.eu/juris/liste.jsf?num=C-624/20

[Whyworry]

Thanks Forney -again again,This Is very helpful as I just received the home office buddies yesterday

I am planning to send my buddies to Court and respondent as well the appeal is base on paper hearing.
The refusal was mainly because I have leave to remain, please if you can suggest any documents I need to be included in the buddies that would be very appreciated

[forney-again-again]

Documents:

EU Withdrawal Agreement on gov.uk or on eu site, with special attention to

• Article 4 - which says UK judges have to consider EU case law after December 2020

E.K.' s case on Curia

• Opinion from March 2022 - which says Zambrano carers are temporary residents

• Judgment from September 2022 - which says Zambrano carers are NOT temporary residents

[forney-again-again]

In addition to Article 4 of the Withdrawal Agreement, and Ms E.K.'s case, you may also want to submit a copy of

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

(just Google it)

Ms Akinsaya became a Zambrano carer in November 2012.

The 2003 Directive says that 3rd country nationals can generally get permanent residence after 5 years, as long as they meet the basic conditions.

Ms Akinsaya should have been granted permanent residence by 2017.

The UK did not leave the EU to become a 3rd country until 1 February 2020.

Zambrano carers were unlawfully excluded from the 2003 Directive that grants permanent residence.

As of September 2022, Zambrano carers are covered by the 2003 Directive. (It is a shame it took so long for the Court to clarify this point.)

You may want to get this point across to the judge, if your case is similar to Ms Akinsaya's, but other people may think differently.

[Kmt2014]

Good afternoon. Please can someone share the link to appeal for EUSS refusal online. Thank you

Please how do I start the appeal and wordings . Please your help is useful. Thank you

[Whyworry]

In addition to Article 4 of the Withdrawal Agreement, and Ms E.K.'s case, you may also want to submit a copy of

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents

(just Google it)

Ms Akinsaya became a Zambrano carer in November 2012.

The 2003 Directive says that 3rd country nationals can generally get permanent residence after 5 years, as long as they meet the basic conditions.

Ms Akinsaya should have been granted permanent residence by 2017.

The UK did not leave the EU to become a 3rd country until 1 February 2020.

Zambrano carers were unlawfully excluded from the 2003 Directive that grants permanent residence.

As of September 2022, Zambrano carers are covered by the 2003 Directive. (It is a shame it took so long for the Court to clarify this point.)

You may want to get this point across to the judge, if your case is similar to Ms Akinsaya's, but other people may think differently.

Thank you very much for your suggestion

I am grateful

[Whyworry]

Good afternoon. Please can someone share the link to appeal for EUSS refusal online. Thank you

Please how do I start the appeal and wordings . Please your help is useful. Thank you

Read from page 165 till around 172 from this forum you will see how to proceed with your appeal and should if you need further information you could read further.

Hope this helps

[Kmt2014]

Thank you Whyworry. Please can you share the link to appeal. Thank you

[Kmt2014]

Please is this the right link.
https://immigrationappealsonline.justic ... k/IACFees/

[Whyworry]

Please is this the right link.
https://immigrationappealsonline.justic ... k/IACFees/


Yes it is

[Kmt2014]

Thank you

[Tina87]

I forgot to mention

You should send the Withdrawal Agreement and a copy of the ruling for Mrs E.K.

You can google EU Withdrawal Agreement and download the pdf and send it to the court.

You can find E.K's case on Curia.

Go to curia.europa.eu and put in the case number - C-264/20

https://curia.europa.eu/juris/liste.jsf?num=C-624/20

Thanks so much, are we just to download all the forms on both curia and withdrawal agreement and send or we are to add some write up on it?

[Tina87]

I forgot to mention

You should send the Withdrawal Agreement and a copy of the ruling for Mrs E.K.

You can google EU Withdrawal Agreement and download the pdf and send it to the court.

You can find E.K's case on Curia.

Go to curia.europa.eu and put in the case number - C-264/20

https://curia.europa.eu/juris/liste.jsf?num=C-624/20

Please check again the case of Mrs E.K 264/20 when I read it, is saying about aircraft blabla is that what you mean or is a mistake?

[Tina87]

Thanks Forney -again again,This Is very helpful as I just received the home office buddies yesterday

I am planning to send my buddies to Court and respondent as well the appeal is base on paper hearing.
The refusal was mainly because I have leave to remain, please if you can suggest any documents I need to be included in the buddies that would be very appreciated

Please what did home office sent to you? Please can you share, ?

[zoovish]

where is the letter i can’t see any letters here?

Check on page 179

@tina this is just random practice of court they send you this letter to submit the supporting documents

[Tina87]

where is the letter i can’t see any letters here?

@Snooky, Nyambeye, Lagosboss, Agyapa, Netqueen,Forney,and any experienced members of the forum, please could you guys be of help,as you guys have gone mute all of a sudden especially snooky, and Lagosbos who use to be of help.

Could you guys chip in a Scent about this later mightbe there is something I will need to apply from school or hospital . Sorry that our levels of Education are not all thesame,as some are slow learners. I will be so greatful if some one chip in any idea apart of what Forney just helped to put it out as I have gone all through the forum, could not see as it is something new . Thank you in advance.

[Eburnie27]

Hello family,
Hope we are all doing well. Pleaseattached to this is a letter received from ftt . Could anyone help me out if my understanding of reading might be wrong. Any idea will be welcome

Hi Miss Tina

For what I understood, the HO (repondent) has 14 days to send their bundle and you (appelant) have 28 days after them (in fact 42 days after receiving that notice of appeal, whichever is the latest) to send yours.
You will need to look at pages 165-172 for an appeal draft.
They are very valuable informations there

[Tina87]

Hello family,
Hope we are all doing well. Pleaseattached to this is a letter received from ftt . Could anyone help me out if my understanding of reading might be wrong. Any idea will be welcome

Hi Miss Tina

For what I understood, the HO (repondent) has 14 days to send their bundle and you (appelant) have 28 days after them (in fact 42 days after receiving that notice of appeal, whichever is the latest) to send yours.
You will need to look at pages 165-172 for an appeal draft.
They are very valuable informations there

Thanks so much.I already send the bundle when I was sending the form.