marcidevpal wrote: ↑Wed Jul 12, 2023 3:25 pm
I don't think you should talk to anyone until you can articulate the grounds you submitted to the FtT - in simple, everyday language.
I think you should keep a spreadsheet with each one you contacted, the dates and the refusal. That way, if a judge asks you why you are not represented, you can whip out your spreadsheet and show how difficult it has been.
I didn't want to bother you as you seemed like you needed a break. I am dying to know what your grounds said.
What exactly did you argue?
Did you have a structure to your ASA?
Is there a section called "Submissions"?
If so, what were your submissions? Did you not make any submissions?
A lot of the skeleton argument where a drafted example of yours which I found helpful because I really didn't know what to write.
" [E] SUBMISSIONS
1. The appellant contends she is a Zambrano carer based on the 2016 EEA Regulations. In Akinsanya v SSHD, the Court of Appeal ruled a Zambrano carer can hold leave to remain under Appendix FM and still be a Zambrano carer. In Giraldo v SSHD, the Upper Tribunal ruled Zambrano carers who met the definition as per the EEA Regulations, are entitled to permanent residence after five years under Appendix EU.The appellant is entitled to permanent residence based on five years residence in the UK.
2. The appellant maintains a grant of leave to remain issued under Appendix FM in October 2019 has no bearing and should not warrant a refusal under the EU settlement scheme. At the time of the appellant’s application to the EU settlement scheme, evidence provided proved the appellant had already acquired 5 year residence as a Zambrano carer. Per Giraldo v SSHD, E.K. v Netherlands a Zambrano carer who acquires five years residence prior to 31 December 2020 is entitled to permanent residence.
3. The appellant contends she is a family member who has retained the right of residence. She became eligible for permanent residence in July 2016. Per the terms of the Withdrawal Agreement, she retains this right. The appellant confirmed to the respondent she had remained a continuous resident in the UK. Rights acquired before 31 December 2020 are not extinguished by the Withdrawal Agreement. The appellant has spent over 10 years lawfully resident in the UK. The respondent had a responsibility under section 18 (r) and (o) to help the appellant qualify for settlement. The respondent failed to help the appellant prove her eligibility for permanent residence.
4. The appellant also contends human rights should be a statutory ground upon which she can challenge the respondent’s decision. The United Kingdom is a member of the Council of Europe and a Contracting Party to the European Convention on Human Rights. Accordingly, a court or tribunal determining a question which has arisen in connection with a Convention right must take into account any judgments, decision, declaration or advisory opinion of the European Court of Human Rights, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen. The issue of her permanent residence is a question which concerns her Convention rights."
And a bunch of laws pertaining to the submission. I get the feeling I am saying to much on the forum like CR0 said " very specific " and it seems alot of people are viewing. Home Office will certainly know it's me if they view this forum. I've yet to find someone in my situation. I didn't realize I maybe implicating myself by seeking some guidance here. ( What else am I supposed to do when solicitors are pointing me to one route)
I have up until next Friday to make a further appeal or abondon the whole thing and continue on flr. However, I wanted to put in the best effort for my children because I felt I may have given up on my right to settlement in 2019 and I didn't wanted to do that same thing again in 2023.
I spoke to two more solicitors today who basically said the same thing the solicitor in 2019 said , Your situation is long and complicated. they added "stay on flr route because you got British children" That right there is how I ended up on flr in the first place. Had I followed my instinct and applied for zambrano like I wanted to 2019, I would've received settlement by now. Very depressing and to be frank the situation isn't helping my mental health at the minute. With a dead line to meet my anxiety is at all time high.