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Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 11:35 am

Wishfulgirl wrote:
Tue Jul 11, 2023 9:33 am
Here's a hot tip:

You may want to create a social media account with the username "Wishfulgirl". That way, people on here can find you. The downside is the Home Office would also make the connection.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Tue Jul 11, 2023 12:08 pm

marcidevpal wrote:
Tue Jul 11, 2023 11:35 am
Wishfulgirl wrote:
Tue Jul 11, 2023 9:33 am
Here's a hot tip:

You may want to create a social media account with the username "Wishfulgirl". That way, people on here can find you. The downside is the Home Office would also make the connection.
Thanks Marcidevpal,

I was naive to think Home Office doesn't check this forum. I have just joined the EU settlement scheme FB group hoping to find charity/ solicitor who may be of help to me and my circumstances.

I briefly typed in "Retained Rights" in the group and it seems to only show individuals with retained rights in the event of a divorce. Nothing regarding death, I believe I tried searching this forum months ago for the same reasons and nothing. (I may have missed it) if someone can kindly point towards the forum with someone in my case that'd be very helpful.

I know my circumstances is quite unique I just feel no one will respond because they feel it's pointless pursuing that route or they can't relate at all.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 12:57 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 12:08 pm
I briefly typed in "Retained Rights" in the group and it seems to only show individuals with retained rights in the event of a divorce.
It seems the judge accepted you were issued a family member residence document. Has the Home Office specifically argued you lost your rights when he passed away? It seems you may be fighting a battle that has already been won. If the judge didn't say you lost the right, and the Home Office haven't argued it, then you completed five years as a family member of an EU national. Therefore, you are eligible for residence under EUSS.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 1:14 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 12:08 pm
If someone contacts you claiming to be me, don't believe them. Ask me on this forum. And, of course, don't send people money. And you may want to create a separate email address for this Zambrano stuff.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Tue Jul 11, 2023 1:16 pm

marcidevpal wrote:
Tue Jul 11, 2023 12:57 pm
Wishfulgirl wrote:
Tue Jul 11, 2023 12:08 pm
I briefly typed in "Retained Rights" in the group and it seems to only show individuals with retained rights in the event of a divorce.
It seems the judge accepted you were issued a family member residence document. Has the Home Office specifically argued you lost your rights when he passed away? It seems you may be fighting a battle that has already been won. If the judge didn't say you lost the right, and the Home Office haven't argued it, then you completed five years as a family member of an EU national. Therefore, you are eligible for residence under EUSS.
The judge has accepted. However, Home Office never made any mentioned of it at all even though it was shown in 2019 when I made my flr fp application and again in 2021 when I made the zambrano application. I sent it specifically in hopes it would come to their attention and they point me in the right direction but I felt it was just overlooked

No one asked " so what happened to that route? How'd you ended up here applying under this route? " Now 8 year since the EU died and it kind of feels pointless, to make an application for retained rights. I need the EU passport/ID. How'd I possible provide this when he died in 2015. How'd I provide evidence he was exercise treaty rights when he was retired on my arrival to the UK. I know Home Office can access this information but I can't and that's where the complexity of my case comes in and why I sort of gave up and followed social services advise to apply under Appendix FM in 2019.

The big question is, Does the significant difficulties I faced with gathering the documents for a deceased individual revoke my right to retained permanent residence? Or can Hom Office apply discretion in my case. Now looking at it, I really should have made the application for retained rights allow home office to reject it (If they do) then argue then complexity of my case in an appeal.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Tue Jul 11, 2023 1:19 pm

marcidevpal wrote:
Tue Jul 11, 2023 1:14 pm
Wishfulgirl wrote:
Tue Jul 11, 2023 12:08 pm
If someone contacts you claiming to be me, don't believe them. Ask me on this forum. And, of course, don't send people money. And you may want to create a separate email address for this Zambrano stuff.

Thank you for the information,

I have already done so. The email connected to this forum isn't my personal email just an email I used for this forum, so I'd be very suspicious if anyone contacted me.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 1:23 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 1:16 pm
The judge has accepted.
Again, you are arguing a point no one has argued. The Home Office has not made the points you are arguing. Or am I missing something?

Eventhough you lost your appeal, your judge made findings of fact. Those facts have rights attached to them.

The Withdrawal Agreement requires judges to look at the legality of the Home Office rules, all the relevant facts and circumstances, and whether the refusal is disproportionate. It isn't clear to me your FtT judge considered the question of proportionality. Therefore, he or she made an error of law.

The Home Office has an opportunity to respond to the points you make in your permission to appeal. If it bothers them that you didn't apply for a retained rights document, they will say so. Until they do, it isn't your problem. Even if they do raise the point, the judge will ask them why they didn't tell you to apply? The Home Office is required to help you under the terms of the Withdrawal Agreement. So, it's their loss.

Right now, you should probably be focused on making a list of all the points you want to make for your permission application. Those points should relate to what your judge actually said or didn't say.

Also, if someone sends you a message on social media with a link, don't click on the link. Just Google whatever the thing is to get the official version.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Tue Jul 11, 2023 1:31 pm

marcidevpal wrote:
Tue Jul 11, 2023 1:23 pm
Wishfulgirl wrote:
Tue Jul 11, 2023 1:16 pm
The judge has accepted.
Again, you are arguing a point no one has argued. The Home Office has not made the points you are arguing. Or am I missing something?

Eventhough you lost your appeal, your judge made findings of fact. Those facts have rights attached to them.

The Withdrawal Agreement requires judges to look at the legality of the Home Office rules, all the relevant facts and circumstances, and whether the refusal is disproportionate. It isn't clear to me your FtT judge considered the question of proportionality. Therefore, he or she made an error of law.

The Home Office has an opportunity to respond to the points you make in your permission to appeal. If it bothers them that you didn't apply for a retained rights document, they will say so. Until they do, it isn't your problem. Even if they do raise the point, the judge will ask them why they didn't tell you to apply? The Home Office is required to help you under the terms of the Withdrawal Agreement. So, it's their loss.

Right now, you should probably be focused on making a list of all the points you want to make for your permission application. Those points should relate to what your judge actually said or didn't say.

Also, if someone sends you a message on social media with a link, don't click on the link. Just Google whatever the thing is to get the official version.
Okay thanks for the info.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 1:36 pm

Find a legitimate solicitor or direct access barrister - Avoid Scams

Before you give money to a solicitor, you should check their status. You can also search for immigration solicitors who accept legal aid -

https://solicitors.lawsociety.org.uk/

It can be tough to find a direct access barrister. Barristers don't have a lot of time. They would also have to charge a fortune if they have to talk to you a lot. If you know what you are talking about and just want specific things, you may want to consider a direct access barrister. The Bar Council has a tool to find direct access barristers -

https://www.barcouncil.org.uk/bar-counc ... ortal.html

In other words, don't give money to people without checking out their details via the official websites.

Also, a scam is to use a fake email address and web domain. Let's say you want to scam someone out of money. You pretend to be a solicitor or direct access barrister of ABC Chambers. The official web domain for ABC Chambers is https://www.abc.co.uk. What scammers do, is buy a domain called abc1.co.uk. Then, they create an email address called bob@abc1.co.uk. So, when you get an email from a solicitor or barrister, look very closely at the email address and the part after @ symbol, in particular.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 1:37 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 1:31 pm
Okay thanks for the info.
You're welcome, Wishfulgirl!

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 2:11 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 1:31 pm
Okay thanks for the info.
I should mention. It is important not to give the Home Office ammunition. Make them argue the points that go against your appeal.

Now, there is such a thing as a preemptive or anticipatory strike. I don't think it is really necessary here. Anticipating your adversary's next move and working to neutralise it requires skill. It can backfire on you easily.

You may want to spend some time thinking about why you are focused on an argument that no one is making. It could be the case you are just being cautious or conservative. It could also be for other reasons that relate to how you see yourself, your belief system, etc. Just something to consider in one's quiet moments.

Here's what I think could happen. Either you go into your next hearing with lowered confidence due to your worries about the 'retained' rights issue, or you raise the retained rights issue in your arguments in an immature way. Then, the Home Office pounce on this issue in their response, sensing your weakness. At this point, it falls on the judge to fix the situation. But that is not a judge's responsibility. Sure, you may get lucky. But again, the judge is supposed to listen to either side's arguments and reach a decision - not fight your corner.

So, here's what I propose. You find a competent lawyer who can settle your nerves regarding the retained rights issue - one way or the other. You commit to spending X minutes per day trying to find one. The site I listed above has a filter for 'lawyers who accept legal aid', so that is quite helpful. You may get a lot of no's. But I do believe there is a competent lawyer out there for you who will represent you without you having to spend your money. This lawyer can handle the retained rights issue on your behalf.

However, if you continue as a litigant in person, you can use this life challenge as an opportunity to face any demons you have that may affect your confidence or cause you to self-sabotage. Just to be clear, we all have our demons, and we all self-sabotage in various ways. I mean as no personal attack on you. If you can get over the retained rights hurdle - and take the win bestowed by the FtT judge - your grounds for permission to appeal will do you proud.

Also, ChatGPT is your friend. I like to feed it short sentences filled with high emotion. ChatGPT then takes my sentences and combines them where necessary and tones down the rhetoric. It's great.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 3:02 pm

Appendix FM is a "disproportionate" solution

The judges act as if Appendix FM is a perfectly reasonable compromise. They seem to not be aware of the qualitative differences between Appendix EU and Appendix FM (or they don't care).

People who entered the UK illegally are eligible for permanent residence after 20 years.

Here's an exercise:

A.) Add up the number of years you have spent in the UK legally
B.) Add 10 years (Appendix FM)

If that number is close to, or more than 20 years, that means transferring to Appendix FM at this point is a disproportionate solution.

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

Article 18(1) of the Withdrawal Agreement says two things
(o) the competent authorities of the host State shall help the applicants to prove their eligibility and to avoid any errors or omissions in their applications; they shall give the applicants the opportunity to furnish supplementary evidence and to correct any deficiencies, errors or omissions;
(r) the applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State against any decision refusing to grant the residence status. The redress procedures shall allow for an examination of the legality of the decision, as well as of the facts and circumstances on which the proposed decision is based. Such redress procedures shall ensure that the decision is not disproportionate.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Tue Jul 11, 2023 3:15 pm

marcidevpal wrote:
Tue Jul 11, 2023 2:11 pm
Wishfulgirl wrote:
Tue Jul 11, 2023 1:31 pm
Okay thanks for the info.
I should mention. It is important not to give the Home Office ammunition. Make them argue the points that go against your appeal.

Now, there is such a thing as a preemptive or anticipatory strike. I don't think it is really necessary here. Anticipating your adversary's next move and working to neutralise it requires skill. It can backfire on you easily.

You may want to spend some time thinking about why you are focused on an argument that no one is making. It could be the case you are just being cautious or conservative. It could also be for other reasons that relate to how you see yourself, your belief system, etc. Just something to consider in one's quiet moments.

Here's what I think could happen. Either you go into your next hearing with lowered confidence due to your worries about the 'retained' rights issue, or you raise the retained rights issue in your arguments in an immature way. Then, the Home Office pounce on this issue in their response, sensing your weakness. At this point, it falls on the judge to fix the situation. But that is not a judge's responsibility. Sure, you may get lucky. But again, the judge is supposed to listen to either side's arguments and reach a decision - not fight your corner.

So, here's what I propose. You find a competent lawyer who can settle your nerves regarding the retained rights issue - one way or the other. You commit to spending X minutes per day trying to find one. The site I listed above has a filter for 'lawyers who accept legal aid', so that is quite helpful. You may get a lot of no's. But I do believe there is a competent lawyer out there for you who will represent you without you having to spend your money. This lawyer can handle the retained rights issue on your behalf.

However, if you continue as a litigant in person, you can use this life challenge as an opportunity to face any demons you have that may affect your confidence or cause you to self-sabotage. Just to be clear, we all have our demons, and we all self-sabotage in various ways. I mean as no personal attack on you. If you can get over the retained rights hurdle - and take the win bestowed by the FtT judge - your grounds for permission to appeal will do you proud.

Also, ChatGPT is your friend. I like to feed it short sentences filled with high emotion. ChatGPT then takes my sentences and combines them where necessary and tones down the rhetoric. It's great.

Thanks again Marcidevpal, (Feel like I've said it so many time )

I appreciate the suggestion and I'll look to find the best solution. Ie ( lawyer) it would be very helpful. I am confident I can put in the appeal so long as I draft the letter correctly pinpointing the errors themselves and the laws pertaining to that said argument.

This is where I struggle, Pinpointing the errors whilst also attaching the actual law to reference with, Are you able to point me to these? So I can read them. Because tbh, I didn't even knew there was a error of law in my appeal until you point them out to me.

Same way I didn't knew how draft a skeleton argument in the first place. If a judge see's my case I want to be able to be seen as I know what I am doing ( In the event I don't manage to get a lawyer in time.)

I know the whole thing seems complicated but I got to keep going if not for anything, it's for my children. I cannot let my mental health issues be a main factor in why I did not go any further. If you ask me how I am now ( I'd probably lie and say I'm okay) but the truth is, when I received that email from the courts on Friday I was shaking before I even starting reading it and when I read it, I started crying. At the time, I was picking up my children from school so it was devastating, my children kept asking me why was crying and I couldn't even say. I just said to them you wouldn't even understand. I haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is. And for these reasons, I cannot give up I have to continue to the very end. The journey is long but at least I can say I tried in the end.

ChatGpt is very helpful, I felt like it put everything into words so professionally and in ways I couldn't. The response are very swift too. Thank you for recommending it to me.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 3:28 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 3:15 pm
I haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is.
Hi Wishfulgirl,

I am concerned about your mental health. The judge agreed you should remain in the UK. The Home Office has not argued that you should leave the UK. Option 1 for you is Appendix EU. Option 2 is Appendix FM.

Both options see you and your children remain in the UK under the existing terms you have today. That means access to benefits, support, etc. After some period of time, you will likely qualify for British citizenship. This fight for you is therefore essentially one fought on principle.

However, if the fight is causing you to lose precious years of happiness with your children, perhaps you should pass it over to a qualified professional. I highly recommend you post on the social media forums. Ask for immediate help.

The issue you should make clear to them is NOT that you should have applied for 'retained rights'. The issue is that you completed the WRONG FORM. (Although you didn't complete the wrong form because you do qualify as a Zambrano carer and the Home Office is wrong to reject Zambrano carers.)

Also, make clear you are eligible for legal aid. You can check your eligibility here

https://www.gov.uk/check-legal-aid

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 3:40 pm

Bar Council & Law Society if you have mental health challenges

If you struggle with mental health difficulties, contact the Bar Council and Law Society directly. Let them know that you need assistance using their portal. Tell them you are having trouble and it is exacerbating issues surrounding your emotional health.

BAR COUNCIL
https://www.barcouncil.org.uk/useful-in ... ct-us.html

Bar Council helplines: We have dedicated helplines for equality and diversity, ethics, bullying and harassment and pupillage related enquiries. Please visit our helplines page.

Bar Council Support team: If you need support, our Assistance Programme is open 24/7. Find out about other support available on our Personal support page.

LAW SOCIETY
supportcentre@lawsociety.org.uk
https://www.lawsociety.org.uk/

SOLICITORS REGULATION AUTHORITY
https://www.sra.org.uk/home/contact-us/
https://www.sra.org.uk/consumers/

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 3:57 pm

Errors of Law according to ChatGPT

Model: Default (GPT-3.5)
ChatGPT prompt "What are the errors of law a UK immigration judge can make?"
UK immigration judges are expected to apply the law correctly and make decisions based on the evidence and legal principles relevant to each case. Errors of law that a UK immigration judge can make may include:

Material Error of Law: This occurs when the judge makes a mistake in applying the law that is material to the decision. For example, misinterpreting or misapplying immigration rules, regulations, or case law.

Procedural Error: This refers to errors in the procedure followed during the hearing or decision-making process. It could include failure to consider relevant evidence, failure to allow proper representation, or not providing the opportunity for a fair hearing.

Failure to Consider Relevant Factors: If a judge fails to consider all relevant factors or evidence that is crucial to the case, it could be considered an error of law. This might involve disregarding important documents, failing to consider relevant personal circumstances, or not taking into account relevant country guidance information.

Unreasonableness: If a judge reaches a decision that is so irrational or unreasonable that no reasonable judge would have made it based on the evidence before them, it could be seen as an error of law.

Bias or Prejudice: If there is evidence to suggest that the judge was biased or prejudiced in their decision-making process, it could be grounds for arguing an error of law.

Failure to Provide Adequate Reasons: Judges are required to provide clear and sufficient reasons for their decisions. If the reasons given are inadequate or insufficient to understand the basis for the decision, it may be considered an error of law.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 3:59 pm

Errors of law: Findings of fact (Repost)

An error of law is an error made by a judge that caused the judge to rule against you.

Perhaps the easiest error of law for a litigant in person to detect, is the failure to find a fact.

Not just any fact, however. The fact that the judge fails to recognise must be relevant.

Ask yourself, if any reasonable person knew this fact, would they have decided differently?
  • Make a list of all of the facts of your case. As many as possible.
  • Rank them in order of importance.
  • Add the facts to your skeleton argument and/or witness statement. Make sure the judge can easily see them.
  • If you appear in person, repeat the most important facts to the judge.
  • If you lose at the hearing, consider if the judge took your list of facts into account.
  • If you file a request for permission to appeal to the Upper Tribunal, list all of the key facts the judge ignored.
That is an error of law.

The Upper Tribunal judge may quash the decision of the First-tier Tribunal judge because they ignored your facts. Alternatively, the judge may send the appeal back to the First-tier Tribunal judges to make the decision again. Or, you may lose. Good luck!
Last edited by marcidevpal on Tue Jul 11, 2023 4:01 pm, edited 1 time in total.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 4:00 pm

Suggestion: Errors of Law Spreadsheet (Repost)

If you are appearing in person, you may not want to rely on your memory to remember all of the errors of law.

Instead, create a spreadsheet with a table. The table can have two columns and several rows. Each row can contain an error of law and space below for your notes.

I wouldn't let people (the judge) see the spreadsheet. The person (judge) may feel like you are not listening and just focusing on making notes of their apparent errors.

For example,
Error of law 1Error of law 2
notesnotes
notesnotes
notesnotes
notesnotes
Error of law 3Error of law 4
notesnotes
notesnotes
notesnotes
notesnotes
Error of law 5Error of law 6
notesnotes
notesnotes
notesnotes
notesnotes
Error of law 7Error of law 8
notesnotes
notesnotes
notesnotes
notesnotes
*I created a list of errors of law on a previous post, on an earlier page.
Last edited by marcidevpal on Tue Jul 11, 2023 4:04 pm, edited 1 time in total.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 4:04 pm

Appeal to the Upper Tribunal (UTIAC) on a point of law(Repost)

An appeal on a point of law could include any ground of challenge that would be available in an application for judicial review. You may want to challenge the First-tier Tribunal judge if their decision:
  • ignores relevant factors
  • takes into account irrelevant factors
  • fails to direct itself properly in law (ie failure to follow the statute or the case law that has interpreted how the law should be applied)
  • reverses the burden of proof or imposes too high a burden of proof
  • fails to give the applicant the benefit of the doubt (where there is a doubt)
  • fails to make findings of fact
  • fails to give adequate reasons for its decision
  • fails to follow the statutory review procedure
  • reaches a decision totally at variance with the facts or for which there is no factual basis
  • fails to act in accordance with the objects and principles of the relevant Act
  • fetters its discretion (often referred to as operating blanket policies)
  • goes back on a legitimate expectation
  • acts dishonestly or in bad faith (this is normally very difficult to prove)
  • comes to a decision which is so unreasonable that no reasonable authority could have come to it

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 4:09 pm

What is an error of law?(Repost from page 204)

https://tribunalsdecisions.service.gov. ... 09484-2014

If you lose at the First-tier Tribunal, you may want to use these reasons to appeal to the Upper Tribunal:

Background: She applied for a residence card on 1st March 2013. She claimed asylum on 8th April 2013. She was granted five years' leave to remain under Zambrano on 11th September 2013 to 11th September 2018.
6. Areas of legislative interpretation, failure to follow binding authority or to distinguish it with adequate reasons, ignoring material considerations by taking into account immaterial considerations, reaching irrational conclusions on fact or evaluation or to give legally inadequate reasons for the decision and procedural unfairness, constitute errors of law.
7. It is not an arguable error of law for an Immigration Judge to give too little weight or too much weight to a factor, unless irrationality is alleged. Nor is it an error of law for an Immigration Judge to fail to deal with every factual issue of argument. Disagreement with an Immigration Judge's factual conclusion, his appraisal of the evidence or assessment of credibility, or his evaluation of risk does not give rise to an error of law. Unless an Immigration Judge's assessment of proportionality is arguable as being completely wrong, there is no error of law, nor is it an error of law for an Immigration Judge not to have regard to evidence of events arising after his decision or for him to have taken no account of evidence which was not before him. Rationality is a very high threshold and a conclusion is not irrational just because some alternative explanation has been rejected or can be said to be possible. Nor is it necessary to consider every possible alternative inference consistent with truthfulness because an Immigration Judge concludes that the story is untrue. If a point of evidence of significance has been ignored or misunderstood, that is a failure to take into account a material consideration.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 4:12 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 3:15 pm
I haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is.
Hi Wishfulgirl,

A direct access barrister may not be your best option as they are often short on time. I get the impression you need someone who is patient and a good communicator.

I also get the impression you want to pursue your claim as a litigant in person? That's ok, too. I think you just need to be honest with yourself about when the stress is too much. If you haven't slept properly in 4 days, it could be a sign that you need to bring someone in to help. Just a thought.

Either way, the first step is to thing about what errors of law you feel the judge may have committed. Don't worry about describing the error in legal terms. Just put it into your own words. Then rank the errors. Then, attach the errors to the legal concepts. You may find a spreadsheet easier. Or not.

Wishfulgirl
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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by Wishfulgirl » Tue Jul 11, 2023 5:16 pm

marcidevpal wrote:
Tue Jul 11, 2023 4:12 pm
Wishfulgirl wrote:
Tue Jul 11, 2023 3:15 pm
I haven't slept since Friday evening I'm now going 4 days without sleep, that's how fragile my mental health currently is.
Hi Wishfulgirl,

A direct access barrister may not be your best option as they are often short on time. I get the impression you need someone who is patient and a good communicator.

I also get the impression you want to pursue your claim as a litigant in person? That's ok, too. I think you just need to be honest with yourself about when the stress is too much. If you haven't slept properly in 4 days, it could be a sign that you need to bring someone in to help. Just a thought.

Either way, the first step is to thing about what errors of law you feel the judge may have committed. Don't worry about describing the error in legal terms. Just put it into your own words. Then rank the errors. Then, attach the errors to the legal concepts. You may find a spreadsheet easier. Or not.
Thanks Again,

I don't mind getting a solicitor tbh, I just felt in the past when I spoke to them about my Retained Rights and interest to apply for zambrano they were all very unhelpful and kind of saw the situation as pointless.

This was the case in 2019 when Croydon Social services pointed me to a charity, when I explained my case to her she said applying for retained rights was long and complicated and then I said to hrt, what of zambrano? I'd like to do that one. She said " but then you wouldn't get access to housing, benefits etc. What's the point? and it doesn't lead to permanent residence" but something in me wanted to apply for the retain rights or the zambrano.

I did filled in the zambrano application in the start of 2018 but wasn't able to send it due to severity of abuse I was experiencing from my ex partner. So when I finally got out of the relationship, I felt I could now send the zambrano application only to be told what's the point. And the pressure from Social Services to just do the quicker one was quite alot as well. I didn't wanted to seem like I wasn't cooperating because my children were on child protection plan at the time. That's how I ended on flr for ( It's one of the biggest regrets I'll have to live with. )

But I don't mind seeking a solicitor now so long as they understand and are interested to help. ( non judgemental ) and are willing to help.

I contacted the EU resolution centre today anyway, I explained my situation and told them I sent a letter via email regarding the retained rights and my recent appeal, she said she had to speak to her supervisor and get back in touch me. She got back in touch and said her supervisor had to go to another supervisor, who also had to go to another supervisor and then another.... ( Whew) they were able to locate my residence permit application from 2010. And it looks like I can make an application for retained rights, she advised I get a solicitor. I asked what of the EU information seeing as he died 8 years ago, she said it shouldn't be a problem. I'd need show I lived with the EU national at before his death. She did say in order to apply, I'd need to cancel my zambrano administrative review first.

With this Information, I definitely need a solicitor. ( A very competent one ) who can fight my case because it is very evident that I am entitled to settlement.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 5:21 pm

The difference between me and a lawyer

I am here to understand why Zambrano carers as a group are treated so differently and we reached this place. I am interested in the failings in the institutions and support mechanisms that led to 7 years of wrong policy. An immigration lawyer will look at what you are trying to achieve and do their best to help you win. We are not the same. Sure, there are arguments that overlap. I try to help people who as a last resort. But I should be seen as a last resort.

You can be called into court at any time as a litigant in person. A judge will likely wonder why you are representing yourself - particularly if you qualify for legal aid. The UK taxpayer pays taxes specifically for people who are on low incomes and have cases with merit. That probably means you.

Looking from the judge's perspective, it is perhaps challenging to listen to you plead your case when there is a lawyer who can do this properly for you, free of charge. If you do appear in person, the judge may ask you if you are represented and, if not, why not.

You want to be able to say something like this: you contacted a different immigration law firm every week day for 8 weeks - and everyone said NO.

You may even want to print out the refusal letters and have them with you when you go to court.

If the judge can see that you genuinely tried to get representation but failed, then they won't hold it against you for being a litigant in person. Hope that helps.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 5:31 pm

Wishfulgirl wrote:
Tue Jul 11, 2023 5:16 pm
And it looks like I can make an application for retained rights, she advised I get a solicitor....She did say in order to apply, I'd need to cancel my zambrano administrative review first.
Fantastic news, Wishfulgirl! I agree you are definitely entitled to settlement.

The Home Office legal team should read your letter and accept your offer. You are in the middle of legal action with the legal team, so the most efficient way forward is to communicate with them and through them. There are situations where the hotline says one thing and the legal team say something else...You want everyone at the Home Office to be on the same page.

I think you want to avoid a situation where you are dealing with different departments in the Home Office. Ideally, the Home Office legal team tells the EUSS team to either grant you settlemet or work with you on filing again.

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Re: Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

Post by marcidevpal » Tue Jul 11, 2023 5:41 pm

Legal Etiquette

Whenever you sue an organisation, all further communication should go through their legal department.

It's not the done thing to start legal action be provided with contact information for the legal representatives and then go behind the legal representatives. Just FYI.

If you want to go back to dealing with non-legal people at the organisation without having to go through their legal department, you generally need to end your pending legal action first...

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