Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[marcidevpal]

I didn’t. I couldn’t. The forum became quiet after everyone started getting their decisions and you were the only one here keeping it alive and for that I’m grateful, because I probably would’ve gave up along time ago.

I have a theory as to why it became quiet. Once the refusals starting coming out, we were in unchartered territory. It wasn't just the Home Office that was against Zambrano carers. The EU wouldn't help. The First-tier Tribunal and Upper Tribunal just wanted everyone to go away (into Appendix FM). The lawyers didn't want to keep losing and/or bowed to the pressure to stop representing Zambrano carers. No Member of Parliament or the House of Lords would help. The media, as always, wasn't interested. Zambrano carers should have filed a massive claim as a group. Instead, they went quiet. Oh well.

[marcidevpal]

My mistake, I was meant to reply to this quote earlier.

Understood.

[marcidevpal]

Per your First-tier Tribunal judge:

I note that I am concerned with an application made under Appendix EU of the Immigration Rules, further that the Appellant, so far as I can see has made no claim in respect of an asserted breach of the ECHR and in any event the SSHD have not considered such a claim.

Per the submissions you outlined on the previous page:

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."

It is absolutely bizarre for a judge to say you never made a human rights argument when 1 of your 4 submissions is literally about human rights.

Moreover, the skeleton argument you pasted says:

3. Whether the respondent's refusal interferes with the appellant's human rights under the Human Rights Act 1998 and/or the European Convention on the Protection of Human Rights? "

So, not only did the judge miss your discussion regarding human rights in section [E], he also missed the human rights reference in section [C]?

Something doesn't add up. In any case, a solicitor would be willing to take the case because the discrepancies between the submissions you listed and the judge's reasoning are vast.

[marcidevpal]

ChatGPT - Permission to Appeal

THE PROMPT

Write a letter to a UK immigration judge asking for permission to appeal to the Upper Tribunal. I was refused settlement under the EU Settlement Scheme. The judge did not take into account a related pending judicial review that could affect my case, Akinsanya v SSHD. The judge also ignored my submissions.

CHATGPT'S RESPONSE

[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]

[Today's Date]

The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]

Dear Honourable Judge,

RE: APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME

I am writing to kindly request permission to appeal the decision made by the First-tier Tribunal in regards to my application for settlement under the EU Settlement Scheme. I am of the view that the Tribunal erred in law in refusing my application, particularly by not considering some important elements, which I will outline below.

Firstly, my appeal was decided without regard to the pending case of Akinsanya v Secretary of State for the Home Department. This case, similar to mine, stands to greatly influence the interpretation and application of law in relation to the EU Settlement Scheme. The outcome could potentially set a precedent that bears directly on the circumstances of my own case. The Tribunal's decision to proceed without waiting for the resolution of this case constitutes a procedural irregularity, which may potentially affect the fairness and legality of the decision.

Secondly, I believe that my submissions were not given due consideration in the determination of my case. Although I provided substantial evidence and articulated my arguments based on relevant laws and precedents, the Tribunal appears to have disregarded these crucial elements in its decision-making process. This failure to consider pertinent evidence and submissions goes against the principles of natural justice, and hence is grounds for appeal.

I understand that the granting of permission to appeal is a serious matter, and is not awarded lightly. However, I firmly believe that my case presents a real prospect of success at the Upper Tribunal, especially when these issues are considered fully and in light of any decisions reached in the Akinsanya case.

I, therefore, kindly request that you grant me permission to appeal to the Upper Tribunal. I believe this is not only in the interest of fairness and justice in my particular case, but it will also serve to uphold the integrity and transparency of the Tribunal process.

I look forward to your positive consideration of my appeal request, and I am ready to provide any further information or clarification you may require.

Yours faithfully,

[Your Name]

[marcidevpal]

Hi Wishfulgirl,

You may want to consider using the template above to submit your request for permission to appeal. I would add some version of the following to the letter -

On DD/MM/YYYY at [insert the hour and minute], I sent via email my appeal bundle to [insert email address]. The bundle contained a skeleton argument, or ASA. The argument advanced the following four submissions:

[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.

[marcidevpal]

Hi Wishfulgirl,

If, for any reason, your submissions did not contain those 4 points, you may want to make your permission application just about the pending Akinsanya judicial review. Hope that helps.

Also, you may want to show your draft letter to solicitors. It quickly gets them up to speed on your situation and increases the chances they accept your claim.

[marcidevpal]

[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]

[Today's Date]

The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]

Dear Honourable Judge,

RE: APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME

I am writing to kindly request permission to appeal the decision made by the First-tier Tribunal in regards to my application for settlement under the EU Settlement Scheme. I am of the view that the Tribunal erred in law in refusing my application, particularly by not considering some important elements, which I will outline below.

Firstly, my appeal was decided without regard to the pending case of Akinsanya v Secretary of State for the Home Department. This case, similar to mine, stands to greatly influence the interpretation and application of law in relation to the EU Settlement Scheme. The outcome could potentially set a precedent that bears directly on the circumstances of my own case. The Tribunal's decision to proceed without waiting for the resolution of this case constitutes a procedural irregularity, which may potentially affect the fairness and legality of the decision.

Secondly, I believe that my submissions were not given due consideration in the determination of my case. Although I provided substantial evidence and articulated my arguments based on relevant laws and precedents, the Tribunal appears to have disregarded these crucial elements in its decision-making process. This failure to consider pertinent evidence and submissions goes against the principles of natural justice, and hence is grounds for appeal.

On DD/MM/YYYY at [insert the hour, minute and second], I sent via email my appeal bundle to [insert email address]. I also sent the bundle to the Home Office on DD/MM/YYYY at [insert the hour, minute and second]. The bundle contained a skeleton argument, or ASA. The argument advanced the following four submissions:

[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.

I am willing to re-send this bundle, if necessary.

I understand that the granting of permission to appeal is a serious matter, and is not awarded lightly. However, I firmly believe that my case presents a real prospect of success at the Upper Tribunal, especially when these issues are considered fully and in light of any decisions reached in the Akinsanya case.

I, therefore, kindly request that you grant me permission to appeal to the Upper Tribunal. I believe this is not only in the interest of fairness and justice in my particular case, but it will also serve to uphold the integrity and transparency of the Tribunal process.

I look forward to your positive consideration of my appeal request, and I am ready to provide any further information or clarification you may require.

Yours faithfully,

[Your Name]

[marcidevpal]

(previous version has been edited by ChatGPT 4)

[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Phone Number]

[Today's Date]

The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]

Dear Honourable Judge,

RE: APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME

I am writing to respectfully request permission to appeal the decision made by the First-tier Tribunal regarding my application for settlement under the EU Settlement Scheme. I am of the view that the Tribunal erred in law in refusing my application, particularly by not adequately considering several pertinent factors that I will outline below.

Firstly, my appeal was decided without giving due consideration to the pending case of Akinsanya v Secretary of State for the Home Department. This case, similar to mine, has the potential to significantly influence the interpretation and application of law in relation to the EU Settlement Scheme. The outcome could potentially set a precedent that bears directly on the circumstances of my own case. The Tribunal's decision to proceed without waiting for the resolution of this case could potentially affect the fairness and legality of the decision, constituting a procedural irregularity.

Secondly, I believe that my submissions were not fully considered in the determination of my case. On DD/MM/YYYY at [insert the hour, minute and second], I sent via email my appeal bundle to [insert email address]. I also sent the bundle to the Home Office on DD/MM/YYYY at [insert the hour, minute and second]. This bundle contained a detailed skeleton argument that advanced four key submissions:

I contend that I am a Zambrano carer under the 2016 EEA Regulations. In light of the rulings in Akinsanya v SSHD and Giraldo v SSHD, my leave to remain under Appendix FM does not negate my right as a Zambrano carer, and I am therefore entitled to permanent residence based on my five years residence in the UK.

I argue that a grant of leave to remain issued under Appendix FM in October 2019 should not warrant a refusal under the EU settlement scheme. Evidence provided during my application confirmed that I had already acquired 5-year residence as a Zambrano carer.

I maintain that as a family member who has retained the right of residence, I became eligible for permanent residence in July 2016. Under the Withdrawal Agreement, these rights are retained and I have spent over 10 years lawfully resident in the UK.

I argue that my human rights, as a statutory ground, can be used to challenge the respondent’s decision. The United Kingdom's status as a member of the Council of Europe and a Contracting Party to the European Convention on Human Rights underpins this contention.

Unfortunately, these submissions do not appear to have been given due consideration during the decision-making process, leading to a decision that goes against the principles of natural justice. I am willing to re-send this bundle, if necessary.

I understand that the granting of permission to appeal is a serious matter. However, I firmly believe that my case presents a real prospect of success at the Upper Tribunal, especially when these issues are considered fully and in light of any decisions reached in the Akinsanya case.

I therefore kindly request that you grant me permission to appeal to the Upper Tribunal. I believe this is not only in the interest of fairness and justice in my particular case, but it will also serve to uphold the integrity and transparency of the Tribunal process.

I look forward to your positive consideration of my appeal request, and I am ready to provide any further information or clarification you may require.

Yours faithfully,

[Your Name]

[marcidevpal]

[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]

[Today's Date]

The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]

Dear Honourable Judge,

RE: APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME

I am writing to respectfully request permission to appeal the decision made by the First-tier Tribunal in regards to my application for settlement under the EU Settlement Scheme. I firmly believe that the Tribunal erred in law in refusing my application, particularly by not considering several important elements which I will elaborate below.

To begin with, I am a family member of an EU national with retained rights and a Zambrano carer as referred to in the "and others" clauses of the Withdrawal Agreement (WA). The WA's provisions, including Article 4(1) and Article 4(2), should apply to me and generate the same legal effects as they would within the Union and its Member States. Furthermore, Article 18(1)(r) guarantees me access to judicial and administrative redress against any decision refusing to grant the residence status, and that the redress procedures shall allow for an examination of the legality of the decision.

Secondly, my appeal was decided without consideration of the pending case of Akinsanya v Secretary of State for the Home Department. This case shares considerable similarity to mine and could significantly influence the interpretation and application of the EU Settlement Scheme. The Tribunal's decision to proceed without awaiting the resolution of this case constitutes a procedural irregularity that could potentially affect the fairness and legality of the decision.

Thirdly, I strongly believe that my submissions were not thoroughly considered in the determination of my case. I provided substantial evidence and articulated my arguments based on relevant laws and precedents, yet the Tribunal appears to have overlooked these crucial elements. This failure to consider relevant evidence and submissions opposes the principles of natural justice and hence, serves as grounds for appeal.

On DD/MM/YYYY at [insert time], I emailed my appeal bundle to [insert email address] and sent the same to the Home Office on DD/MM/YYYY at [insert time]. The bundle contained a skeleton argument, or ASA, which advanced four key submissions. However, I have noted that only the first two submissions were addressed, while the latter two were ignored.

I am willing to resend this bundle, if necessary.

Understanding the gravity of granting permission to appeal, I assert that my case presents a real prospect of success at the Upper Tribunal, especially when these issues are fully considered and in light of any decisions reached in the Akinsanya case.

Therefore, I kindly request that you grant me permission to appeal to the Upper Tribunal. This request is not only for the sake of justice in my case but also to uphold the integrity and transparency of the Tribunal process.

I eagerly await your positive consideration of my appeal request and stand ready to provide any further information or clarification you may require.

Yours faithfully,

[Your Name]

[marcidevpal]

[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]

[Today's Date]

The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]

Dear Honourable Judge,

RE: REQUEST FOR PERMISSION TO APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME

I am writing to respectfully request permission to appeal the decision made by the First-tier Tribunal regarding my application for settlement under the EU Settlement Scheme. I maintain that the Tribunal erred in law by failing to fully consider significant aspects of my case, which I will elaborate upon in this letter.

My contention is that the Tribunal did not adequately consider my submissions when rendering its decision. Despite supplying ample evidence and arguments rooted in applicable laws and precedents, it appears that these essential elements were overlooked during the decision-making process. This failure to consider all pertinent evidence and submissions contradicts the principles of natural justice and provides grounds for an appeal.

The judge noted, "The Appellant’s claim is made as a Zambrano carer seeking reliance under Appendix EU of the Rules and section 55 of Borders Citizenship and Immigration Act 2009 (Section 55) and further article 3 of the UN Convention of the Rights of the Child." However, my claim is primarily based on the Withdrawal Agreement, not Appendix EU, Section 55, or Article 3. It raises three central issues:

Was I a retained family member of an EEA national who had acquired the right to permanent residence at the time of my application?
Was I a Zambrano carer under the EEA Regulations who had acquired the right to permanent residence at the time of my application?
Does the respondent's refusal interfere with my human rights under the Human Rights Act 1998 and/or the European Convention on the Protection of Human Rights?

I find the discrepancy between my submissions and the judge's summary of my claim alarming, leading me to respectfully question whether the judge might have referred to the wrong bundle. On DD/MM/YYYY at [insert time], I submitted my appeal bundle via email to [insert email address] and forwarded the same to the Home Office on DD/MM/YYYY at [insert time]. This bundle, which I am ready to resend if necessary, included a detailed argument (or ASA), which outlined four key submissions around the categories of Zambrano carers, EU family members, and human rights.

In relation to Zambrano carers, my appeal was reviewed without acknowledging the pending case of Akinsanya v Secretary of State for the Home Department. This case, remarkably similar to mine, can significantly influence the interpretation and application of the law concerning the EU Settlement Scheme. The Tribunal's decision to proceed without waiting for this case's resolution could amount to a procedural irregularity affecting the decision's legality and fairness. Moreover, as Zambrano carers are included in the "and others" clauses of the Withdrawal Agreement (WA), we should be entitled to its protections.

As an EU family member of an EU national with retained rights, I fall within the scope of Article 10 of the Withdrawal Agreement. As such, I am entitled to all the protections that Title 2 confers. This point is of significant importance because the courts have traditionally not extended these rights to Zambrano carers, and the judge in my case has also only examined my application under the perspective of a Zambrano carer.

Further, as stated in Article 4(1) and Article 4(2) of the Withdrawal Agreement, these provisions should bear the same legal effects as they would within the Union and its Member States. As a result, Appendix EU must align with the terms laid out in the Withdrawal Agreement. It is important to note that the judge failed to address this aspect during the decision-making process.

In addition, Article 18(1)(o) stipulates that the Home Office has the duty to assist applicants in proving their eligibility and avoiding any errors or omissions in their applications. Despite this clear directive, the Home Office did not contact me to help me apply to the EU Settlement Scheme as a family member of an EU national, but instead treated me as a Zambrano carer. This provision emphatically states that the authorities "shall give the applicants the opportunity to furnish supplementary evidence and to correct any deficiencies, errors or omissions."

Finally, Article 18(1)(r) ensures my right to judicial and administrative redress against any decision refusing to grant residence status. This includes an examination of the legality of the decision and the consideration of all relevant facts and circumstances. Again, this aspect was not considered during the decision-making process, and I believe this forms a significant ground for my appeal.

Regarding human rights, my case echoes the arguments presented in Celik v SSHD, a case that is still awaiting a ruling by the Court of Appeal. Regardless, the Withdrawal Agreement mandates the UK to ensure that redress procedures confirm that any such decision is not disproportionate.

Given the weight of these points, I respectfully ask that you grant me permission to appeal to the Upper Tribunal. I am confident that my case presents substantial legal grounds and evidence that will demonstrate the merit of my claim, and provide for a just resolution.

I am fully cognizant that granting permission to appeal is a serious matter and not one that is taken lightly. However, I am convinced that my case offers a real prospect of success at the Upper Tribunal, especially if these issues are comprehensively examined and considered in light of any decisions reached in the Akinsanya and Celik cases.

Therefore, I respectfully ask that you grant me permission to appeal to the Upper Tribunal. This is not only crucial for ensuring fairness and justice in my particular case but also for upholding the integrity and transparency of the Tribunal process.

I eagerly await your favourable consideration of my appeal request and stand ready to provide any further information or clarification you may require.

Yours faithfully,

[Your Name]

[marcidevpal]

My discussion with ChatGPT

ChatGPT makes 5 points:

1.) Your first point seems to focus on the judge's alleged failure to consider the rights you claim under the Withdrawal Agreement. This could potentially be a ground for appeal if the judge indeed failed to consider relevant legislation and rights. However, it's essential to demonstrate that these rights directly apply to your case, and the judge's oversight significantly impacted the outcome.

2.) Challenging the legality of the Immigration Rules or the Home Office's application of them is a serious allegation, and typically it would be done through a judicial review rather than an appeal. Still, you may have a valid point if the Akinsanya case ultimately determines that the Home Office's interpretation is unlawful.

3.) Failure to perform an Article 8 ECHR balancing exercise may also be a potential ground for appeal, especially if there is clear evidence that your private and family life rights would be infringed upon by an adverse decision, and the judge failed to consider or inadequately considered these rights.

4.) Your point about discrimination would likely require statistical evidence or caselaw to support. It might be harder to argue if the refusal rate for Zambrano carers is based on legal criteria rather than discriminatory practice. However, a clear pattern of disproportionality might indicate indirect discrimination.

5.) Lastly, it's critical that the judge accurately applied the legal tests from the relevant legislation. If the judge failed to consider whether you met the residence requirements under Title 2 of the Withdrawal Agreement, this could potentially form another ground for appeal.

[marcidevpal]

....I don't think you should call solicitors. I think you should send a very brief email. Make it clear you are eligible for legal aid.

Hi Wishfulgirl,

You could copy and paste your draft permission letter into the email you send to a solicitor. I don't think an attachment is a good idea.

[Wishfulgirl]

[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]

[Today's Date]

The Honourable Immigration Judge
First-tier Tribunal (Immigration and Asylum Chamber)
[Address of the Tribunal]

Dear Honourable Judge,

RE: REQUEST FOR PERMISSION TO APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME

I am writing to respectfully request permission to appeal the decision made by the First-tier Tribunal regarding my application for settlement under the EU Settlement Scheme. I maintain that the Tribunal erred in law by failing to fully consider significant aspects of my case, which I will elaborate upon in this letter.

My contention is that the Tribunal did not adequately consider my submissions when rendering its decision. Despite supplying ample evidence and arguments rooted in applicable laws and precedents, it appears that these essential elements were overlooked during the decision-making process. This failure to consider all pertinent evidence and submissions contradicts the principles of natural justice and provides grounds for an appeal.

The judge noted, "The Appellant’s claim is made as a Zambrano carer seeking reliance under Appendix EU of the Rules and section 55 of Borders Citizenship and Immigration Act 2009 (Section 55) and further article 3 of the UN Convention of the Rights of the Child." However, my claim is primarily based on the Withdrawal Agreement, not Appendix EU, Section 55, or Article 3. It raises three central issues:

Was I a retained family member of an EEA national who had acquired the right to permanent residence at the time of my application?
Was I a Zambrano carer under the EEA Regulations who had acquired the right to permanent residence at the time of my application?
Does the respondent's refusal interfere with my human rights under the Human Rights Act 1998 and/or the European Convention on the Protection of Human Rights?

I find the discrepancy between my submissions and the judge's summary of my claim alarming, leading me to respectfully question whether the judge might have referred to the wrong bundle. On DD/MM/YYYY at [insert time], I submitted my appeal bundle via email to [insert email address] and forwarded the same to the Home Office on DD/MM/YYYY at [insert time]. This bundle, which I am ready to resend if necessary, included a detailed argument (or ASA), which outlined four key submissions around the categories of Zambrano carers, EU family members, and human rights.

In relation to Zambrano carers, my appeal was reviewed without acknowledging the pending case of Akinsanya v Secretary of State for the Home Department. This case, remarkably similar to mine, can significantly influence the interpretation and application of the law concerning the EU Settlement Scheme. The Tribunal's decision to proceed without waiting for this case's resolution could amount to a procedural irregularity affecting the decision's legality and fairness. Moreover, as Zambrano carers are included in the "and others" clauses of the Withdrawal Agreement (WA), we should be entitled to its protections.

As an EU family member of an EU national with retained rights, I fall within the scope of Article 10 of the Withdrawal Agreement. As such, I am entitled to all the protections that Title 2 confers. This point is of significant importance because the courts have traditionally not extended these rights to Zambrano carers, and the judge in my case has also only examined my application under the perspective of a Zambrano carer.

Further, as stated in Article 4(1) and Article 4(2) of the Withdrawal Agreement, these provisions should bear the same legal effects as they would within the Union and its Member States. As a result, Appendix EU must align with the terms laid out in the Withdrawal Agreement. It is important to note that the judge failed to address this aspect during the decision-making process.

In addition, Article 18(1)(o) stipulates that the Home Office has the duty to assist applicants in proving their eligibility and avoiding any errors or omissions in their applications. Despite this clear directive, the Home Office did not contact me to help me apply to the EU Settlement Scheme as a family member of an EU national, but instead treated me as a Zambrano carer. This provision emphatically states that the authorities "shall give the applicants the opportunity to furnish supplementary evidence and to correct any deficiencies, errors or omissions."

Finally, Article 18(1)(r) ensures my right to judicial and administrative redress against any decision refusing to grant residence status. This includes an examination of the legality of the decision and the consideration of all relevant facts and circumstances. Again, this aspect was not considered during the decision-making process, and I believe this forms a significant ground for my appeal.

Regarding human rights, my case echoes the arguments presented in Celik v SSHD, a case that is still awaiting a ruling by the Court of Appeal. Regardless, the Withdrawal Agreement mandates the UK to ensure that redress procedures confirm that any such decision is not disproportionate.

Given the weight of these points, I respectfully ask that you grant me permission to appeal to the Upper Tribunal. I am confident that my case presents substantial legal grounds and evidence that will demonstrate the merit of my claim, and provide for a just resolution.

I am fully cognizant that granting permission to appeal is a serious matter and not one that is taken lightly. However, I am convinced that my case offers a real prospect of success at the Upper Tribunal, especially if these issues are comprehensively examined and considered in light of any decisions reached in the Akinsanya and Celik cases.

Therefore, I respectfully ask that you grant me permission to appeal to the Upper Tribunal. This is not only crucial for ensuring fairness and justice in my particular case but also for upholding the integrity and transparency of the Tribunal process.

I eagerly await your favourable consideration of my appeal request and stand ready to provide any further information or clarification you may require.

Yours faithfully,

[Your Name]

Good Morning Marcidevpal,

Thank you very much for this, It's brilliant! What a wonderful thing to be greeted with as soon as I login Especially, at depressing time form me. It has definitely lightened my day.

Does this mean I should discard the previous drafted document I created where I stated errors of law with my name and date of birth at the top? Is the above quote good enough to cover everything along with the IAFT-4 form.

[marcidevpal]

Does this mean I should discard the previous drafted document I created where I stated errors of law with my name and date of birth at the top? Is the above quote good enough to cover everything along with the IAFT-4 form.

Hiya Wishfulgirl,

You're most welcome! How hilarious would it be if immigrants who couldn't get solicitors to represent them, turned to ChatGPT and never looked back?

ChatGPT keeps recommending a letter for some reason. I would just go with the letter, although I don't think it matters much either way if you choose a letter or a list.

You see where the letter says "RE: REQUEST FOR PERMISSION TO APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME" ?

I would add the claim number, your first and last name, your date of birth, etc. Or you can put the claim number and home office application number in the top right corner and you date of birth below your signature. Whatever looks nice

And for your signature, I would include a phone number and email address.

This way, even if you don't get a solicitor, you are ready to submit. Even if the First-tier says no to your appeal, you can try again at the Upper Tribunal. Hopefully, this second judge will actually engage your arguments.

[marcidevpal]

I am calling it now...the future of immigration appeals

I believe when ChatGPT or similar comes out, people will be able to upload their skeleton argument, witness statement and judge's written decision or transcript of the hearing, then ask ChatGPT for the errors of law.

ChatGPT will then say all the likely errors the judge made. You will be able to use those errors to draft a letter requesting permission to appeal.

I am not sure about ChatGPT 5, but I do think version 6 will be able to do it.

[marcidevpal]

Anthropic - Claude (version 2) allows uploads


Claude can process large blocks of text and make judgments on what it is producing.


You can upload documents to it and ask for analysis.


Claude 2 can summarise blocks of text of up to 75,000 words.


However, Claude is can suffer from “hallucinations” or factual errors.


The more Zambrano carers talk to these artificial intelligences or chatbots, the more the chatbots will understand the complexities of the situation.

[Wishfulgirl]

Does this mean I should discard the previous drafted document I created where I stated errors of law with my name and date of birth at the top? Is the above quote good enough to cover everything along with the IAFT-4 form.

Hiya Wishfulgirl,

You're most welcome! How hilarious would it be if immigrants who couldn't get solicitors to represent them, turned to ChatGPT and never looked back?

ChatGPT keeps recommending a letter for some reason. I would just go with the letter, although I don't think it matters much either way if you choose a letter or a list.

You see where the letter says "RE: REQUEST FOR PERMISSION TO APPEAL AGAINST REFUSAL OF SETTLEMENT UNDER THE EU SETTLEMENT SCHEME" ?

I would add the claim number, your first and last name, your date of birth, etc. Or you can put the claim number and home office application number in the top right corner and you date of birth below your signature. Whatever looks nice

And for your signature, I would include a phone number and email address.

This way, even if you don't get a solicitor, you are ready to submit. Even if the First-tier says no to your appeal, you can try again at the Upper Tribunal. Hopefully, this second judge will actually engage your arguments.

Thank you for this, I'll send it today. ChatGpt is brilliant!
Since you've recommended it, I've used it to draft emails to my children's school, a letter to bank etc.. very quick and easy, Honestly, it's a life saver. Had I knew about ChatGpt all this while, I would've saved myself from bursting my brains to write formal letters etc.

By just providing the basic information to ChatGpt, It puts into context what I want to say in a very professional way and present it in such a way to the other ( party, person, institution etc that I know what I'm saying and that I am well informed and I know what I'm talking about. Especially for a person like me with mental health issues and OCD compulsion, all I do is overthink again and again until it becomes obvious when Im talking/ writing. ChatGPt really helped me.

[marcidevpal]

By just providing the basic information to ChatGpt, It puts into context what I want to say in a very professional way and present it in such a way to the other ( party, person, institution etc that I know what I'm saying and that I am well informed and I know what I'm talking about.

Hi Wishfulgirl,

You're a fast learner! That's great that you have found a way to make it work for you. I am glad it lowers your stress levels, too.

Since you have a week or so left, you may want to consider doing the following:

Pick and choose paragraphs from the different versions of the letter (I think I provided about 4 or 5 options)
Run ChatGPT (or Claude, Bard, etc) to see your own version
Sleep on it.
Run more versions or send it in.

I would encourage you to send a version of the letter that is 100% your authentic voice. You don't really need 'my' version anymore. Reflect on what you want the next judge to consider, what is important to you for him or her to know. I wrote the letter from my own perspective. You may not be bothered by the same things that bother me. You may have other things that bother you. You may want a less 'confrontational' letter that doesn't point out the first judge's errors in such a blatant way. ChatGPT bought you time, so you might as well use it. There is no rush to send it in because you may want the judges to wait for Akinsanya anyway.

You may also want to start playing around with Anthropic's Claude 2, as it is free and allows uploads.

Another benefit to this approach is that your final letter won't exactly match what has been posted publicly on this forum....

Finally, thank you, Wishfulgirl. Thank you for sharing your story and making requests. I believe you started a trend. I had recommended ChatGPT earlier, but I think people really saw the potential with your use case. Who knows? Maybe our conversation will start a trend. Anyone who needs help and can't find it, will have a trio of 'AI' lawyers - ChatGPT, Claude, Bard, ect helping them practically for free. So well done to you!

Finally, I would mention that if the next judges agree there is a gap between what you submitted and what the judge wrote, there is a serious question around professionalism. The first thing they will want to do is blame you. They may assume you didn't send in the skeleton argument or that your skeleton didn't say what it said. So, I encourage you to 'triple-check' that you sent the ASA to the right email address and with no typos in the address. If it turns out it didn't go through, it could look as if you are falsely accusing a judge. You may even want to send in a pdf version of the email. At the very least, I would fill in the date and time (to the second) that your email went through. Just a thought.

Enjoy the summer sun and your beautiful family.

[Wishfulgirl]

By just providing the basic information to ChatGpt, It puts into context what I want to say in a very professional way and present it in such a way to the other ( party, person, institution etc that I know what I'm saying and that I am well informed and I know what I'm talking about.

Hi Wishfulgirl,

You're a fast learner! That's great that you have found a way to make it work for you. I am glad it lowers your stress levels, too.

Since you have a week or so left, you may want to consider doing the following:

Pick and choose paragraphs from the different versions of the letter (I think I provided about 4 or 5 options)
Run ChatGPT (or Claude, Bard, etc) to see your own version
Sleep on it.
Run more versions or send it in.

I would encourage you to send a version of the letter that is 100% your authentic voice. You don't really need 'my' version anymore. Reflect on what you want the next judge to consider, what is important to you for him or her to know. I wrote the letter from my own perspective. You may not be bothered by the same things that bother me. You may have other things that bother you. You may want a less 'confrontational' letter that doesn't point out the first judge's errors in such a blatant way. ChatGPT bought you time, so you might as well use it. There is no rush to send it in because you may want the judges to wait for Akinsanya anyway.

You may also want to start playing around with Anthropic's Claude 2, as it is free and allows uploads.

Another benefit to this approach is that your final letter won't exactly match what has been posted publicly on this forum....

Finally, thank you, Wishfulgirl. Thank you for sharing your story and making requests. I believe you started a trend. I had recommended ChatGPT earlier, but I think people really saw the potential with your use case. Who knows? Maybe our conversation will start a trend. Anyone who needs help and can't find it, will have a trio of 'AI' lawyers - ChatGPT, Claude, Bard, ect helping them practically for free. So well done to you!

Finally, I would mention that if the next judges agree there is a gap between what you submitted and what the judge wrote, there is a serious question around professionalism. The first thing they will want to do is blame you. They may assume you didn't send in the skeleton argument or that your skeleton didn't say what it said. So, I encourage you to 'triple-check' that you sent the ASA to the right email address and with no typos in the address. If it turns out it didn't go through, it could look as if you are falsely accusing a judge. You may even want to send in a pdf version of the email. At the very least, I would fill in the date and time (to the second) that your email went through. Just a thought.

Enjoy the summer sun and your beautiful family.

Good Morning Marcidevpal,

Thank you again and I'll take the suggestion on board.

Regarding the skeleton, that's what I have been doing. I called the tribunal again yesterday and ask them to confirm to me the bundle that they received. They've confirmed that my bundle was received on the 05th of January, these include my skeleton argument, witness statement etc..

I remember sending to the courts a previous version of your drafted skeleton argument on the 4th of January, then you mentioned to ask the court if I could update my skeleton argument/ bundle and disregard the previous one, the tribunal have confirmed yesterday, That my request was actioned and it is indeed the bundle that they received on the 05th of January that they put forward to the judge, she did however say, she cannot see in details the skeleton argument and I should email Taylor house for a copy which I did yesterday and I am still awaiting a response.

Even if there was a mistake, and they produced the bundle (skeleton) argument that was received on the 04th of jan, instead of the updated version that was sent on the 5th of January ( I did call to confirm this before the hearing ) It wouldn't make much of a difference because the submission within the skeleton argument provided to the courts on the 04th of January is also the same submissions provided within updated skeleton argument that I sent on the 05th of January.

Copy and pasted below is the submission within the
skeleton argument which was first sent to the courts on the 4th of January after I received the non compliance email on the 23 of December. So if there was a mistake, the argument still stands and the points within my skeleton argument ( submissions ) was still not acknowledged by the judge.

Now prior to December, I did not send a skeleton argument because I did not know what is was, and that I needed send one in the first place. ( I have no knowledge whatsoever of this). As a result, the courts sent a non compliance letter and surely after that, I provided my bundle, including my skeleton argument on the 04th of January, I then asked the courts to disregard that bundle received on the 04th and provided the updated skeleton argument on the 05th of January 2023. They've confirmed they received the bundle and I asked for Home Office's details regarding sending them a copy of my bundle aswell, the courts provided the Home Office's details by text (Fleetbank ) and I sent Home Office a copy of the same bundle I sent the courts on the 05th of January 2023. (They exact same day) Few months went by and I contacted the courts a week before my hearing took place and asked again just to be sure everything is indeed correct. They confirmed that it is indeed the bundle sent on the 05th of January that has been put forward and listed for hearing. So I'm just as confused as you tbh, very much so.

Submission withinin skeleton argument sent on the 04th,

" The appellant contends she is entitled to a permanent residence card under the EU Settlement Scheme for the following reasons:
1. 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.

2. 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.

3. 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.

4. The appellant asserts that the refusal to grant her permanent residence interferes with her Article 8 human rights. She asks the Court to take a 'structured approach to evaluate the possibility of you being successful outside the Rules, apply guidance from the Supreme Court decision in Agyarko v SSHD [2017] UKSC 11 at paragraph 53, consider all the factors relevant under section 117B and strike a fair balance between her individual rights and the public interest."

[Wishfulgirl]

By just providing the basic information to ChatGpt, It puts into context what I want to say in a very professional way and present it in such a way to the other ( party, person, institution etc that I know what I'm saying and that I am well informed and I know what I'm talking about.

Hi Wishfulgirl,

You're a fast learner! That's great that you have found a way to make it work for you. I am glad it lowers your stress levels, too.

Since you have a week or so left, you may want to consider doing the following:

Pick and choose paragraphs from the different versions of the letter (I think I provided about 4 or 5 options)
Run ChatGPT (or Claude, Bard, etc) to see your own version
Sleep on it.
Run more versions or send it in.

I would encourage you to send a version of the letter that is 100% your authentic voice. You don't really need 'my' version anymore. Reflect on what you want the next judge to consider, what is important to you for him or her to know. I wrote the letter from my own perspective. You may not be bothered by the same things that bother me. You may have other things that bother you. You may want a less 'confrontational' letter that doesn't point out the first judge's errors in such a blatant way. ChatGPT bought you time, so you might as well use it. There is no rush to send it in because you may want the judges to wait for Akinsanya anyway.

You may also want to start playing around with Anthropic's Claude 2, as it is free and allows uploads.

Another benefit to this approach is that your final letter won't exactly match what has been posted publicly on this forum....

Finally, thank you, Wishfulgirl. Thank you for sharing your story and making requests. I believe you started a trend. I had recommended ChatGPT earlier, but I think people really saw the potential with your use case. Who knows? Maybe our conversation will start a trend. Anyone who needs help and can't find it, will have a trio of 'AI' lawyers - ChatGPT, Claude, Bard, ect helping them practically for free. So well done to you!

Finally, I would mention that if the next judges agree there is a gap between what you submitted and what the judge wrote, there is a serious question around professionalism. The first thing they will want to do is blame you. They may assume you didn't send in the skeleton argument or that your skeleton didn't say what it said. So, I encourage you to 'triple-check' that you sent the ASA to the right email address and with no typos in the address. If it turns out it didn't go through, it could look as if you are falsely accusing a judge. You may even want to send in a pdf version of the email. At the very least, I would fill in the date and time (to the second) that your email went through. Just a thought.

Enjoy the summer sun and your beautiful family.

And Again Submission Provided within the skeleton argument provided on the 05th of January.

" [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."

Even if there was a miscommunication on the courts part because I am certain I sent the correct information to the correct email address and the courts have confirmed on different occasions I did so, , ( I checked and double checked and triple checked Unfortunately due to my OCD)

The arguments within the skeleton argument particularly my submission still stands regardless of which skeleton argument was put forward to the judge and what points ( judge) may have been referring to. I am confident I would not been seen as accusing the judge of anything because the argument remained the same throughout.

[Wishfulgirl]

By just providing the basic information to ChatGpt, It puts into context what I want to say in a very professional way and present it in such a way to the other ( party, person, institution etc that I know what I'm saying and that I am well informed and I know what I'm talking about.

Hi Wishfulgirl,

You're a fast learner! That's great that you have found a way to make it work for you. I am glad it lowers your stress levels, too.

Since you have a week or so left, you may want to consider doing the following:

Pick and choose paragraphs from the different versions of the letter (I think I provided about 4 or 5 options)
Run ChatGPT (or Claude, Bard, etc) to see your own version
Sleep on it.
Run more versions or send it in.

I would encourage you to send a version of the letter that is 100% your authentic voice. You don't really need 'my' version anymore. Reflect on what you want the next judge to consider, what is important to you for him or her to know. I wrote the letter from my own perspective. You may not be bothered by the same things that bother me. You may have other things that bother you. You may want a less 'confrontational' letter that doesn't point out the first judge's errors in such a blatant way. ChatGPT bought you time, so you might as well use it. There is no rush to send it in because you may want the judges to wait for Akinsanya anyway.

You may also want to start playing around with Anthropic's Claude 2, as it is free and allows uploads.

Another benefit to this approach is that your final letter won't exactly match what has been posted publicly on this forum....

Finally, thank you, Wishfulgirl. Thank you for sharing your story and making requests. I believe you started a trend. I had recommended ChatGPT earlier, but I think people really saw the potential with your use case. Who knows? Maybe our conversation will start a trend. Anyone who needs help and can't find it, will have a trio of 'AI' lawyers - ChatGPT, Claude, Bard, ect helping them practically for free. So well done to you!

Finally, I would mention that if the next judges agree there is a gap between what you submitted and what the judge wrote, there is a serious question around professionalism. The first thing they will want to do is blame you. They may assume you didn't send in the skeleton argument or that your skeleton didn't say what it said. So, I encourage you to 'triple-check' that you sent the ASA to the right email address and with no typos in the address. If it turns out it didn't go through, it could look as if you are falsely accusing a judge. You may even want to send in a pdf version of the email. At the very least, I would fill in the date and time (to the second) that your email went through. Just a thought.

Enjoy the summer sun and your beautiful family.

I've just checked again,

After sending the updated bundle to the courts on the 05th of January, I then emailed the Home Office a copy of my bundle on the 05th of January aswell and I Cc'd the courts within that same email to confirm I have indeed sent the Home Office a copy of my bundle. ( Incase the Home Office tried to say they didn't receive anything) I didn't wanted any further issues after the Non Compliance email I received in December so I took the necessary steps to make sure I did everything correctly so to not cause any issues before or when my hearing was due and I am very certain of that.

[marcidevpal]

After sending the updated bundle to the courts on the 05th of January, I then emailed the Home Office a copy of my bundle on the 05th of January aswell and I Cc'd the courts within that same email to confirm I have indeed sent the Home Office a copy of my bundle. ( Incase the Home Office tried to say they didn't receive anything) I didn't wanted any further issues after the Non Compliance email I received in December so I took the necessary steps to make sure I did everything correctly so to not cause any issues before or when my hearing was due and I am very certain of that.

Hi Wishfulgirl,

Looks like you are in the clear, then. Well done. Either admin made a mistake, or the judge made a mistake, or the judge decided to make your case about what he wanted it to be about. Either way, it's an error of law. His decision and your submissions are simply on different planets. The next First-tier Tribunal judge may try to argue the first judge's analysis did represent your submisisons, but I don't believe the Upper Tribunal will agree. You don't need a law degree to know that decision simply does not address the arguments made (or account for pending cases). Nope. There is nothing anyone can say to me to convince me that that decision is justice in the courts. If you are refused permission to appeal, I will feel really really bad. But I will be even more proud of you for standing up for yourself and making the case in full. If you lose at both the FtT and UT, just put in a new application for settlement under Appendix EU again - only this time as a family member.

[Wishfulgirl]

After sending the updated bundle to the courts on the 05th of January, I then emailed the Home Office a copy of my bundle on the 05th of January aswell and I Cc'd the courts within that same email to confirm I have indeed sent the Home Office a copy of my bundle. ( Incase the Home Office tried to say they didn't receive anything) I didn't wanted any further issues after the Non Compliance email I received in December so I took the necessary steps to make sure I did everything correctly so to not cause any issues before or when my hearing was due and I am very certain of that.

Hi Wishfulgirl,

Looks like you are in the clear, then. Well done. Either admin made a mistake, or the judge made a mistake, or the judge decided to make your case about what he wanted it to be about. Either way, it's an error of law. His decision and your submissions are simply on different planets. The next First-tier Tribunal judge may try to argue the first judge's analysis did represent your submisisons, but I don't believe the Upper Tribunal will agree. You don't need a law degree to know that decision simply does not address the arguments made (or account for pending cases). Nope. There is nothing anyone can say to me to convince me that that decision is justice in the courts. If you are refused permission to appeal, I will feel really really bad. But I will be even more proud of you for standing up for yourself and making the case in full. If you lose at both the FtT and UT, just put in a new application for settlement under Appendix EU again - only this time as a family member.

Thank you, that is what I intend to do if my permission to appeal isn't accepted.

I also feel the Home Office is doing a wait and see approach for now.

[Wishfulgirl]

After sending the updated bundle to the courts on the 05th of January, I then emailed the Home Office a copy of my bundle on the 05th of January aswell and I Cc'd the courts within that same email to confirm I have indeed sent the Home Office a copy of my bundle. ( Incase the Home Office tried to say they didn't receive anything) I didn't wanted any further issues after the Non Compliance email I received in December so I took the necessary steps to make sure I did everything correctly so to not cause any issues before or when my hearing was due and I am very certain of that.

Hi Wishfulgirl,

Looks like you are in the clear, then. Well done. Either admin made a mistake, or the judge made a mistake, or the judge decided to make your case about what he wanted it to be about. Either way, it's an error of law. His decision and your submissions are simply on different planets. The next First-tier Tribunal judge may try to argue the first judge's analysis did represent your submisisons, but I don't believe the Upper Tribunal will agree. You don't need a law degree to know that decision simply does not address the arguments made (or account for pending cases). Nope. There is nothing anyone can say to me to convince me that that decision is justice in the courts. If you are refused permission to appeal, I will feel really really bad. But I will be even more proud of you for standing up for yourself and making the case in full. If you lose at both the FtT and UT, just put in a new application for settlement under Appendix EU again - only this time as a family member.

The judge certainly made the argument about what he saw fit & nothing about what I presented and it's very sad because I put alot of effort into gathering the information for my bundle, including the skeleton argument. Alot of back and forth on here & alot of help for you Marcidevpal. And again I am grateful. However, The aftermath is that It affected me so much to the point that the crisis team had to get involved and they visited my home every day for the following 6 weeks to make sure I was doing well.

This time around, I am doing a lil bit better, because I have a bit more understanding how the whole process works and I am reading more on this forum and others to better equipped my knowledge of the process. In December however, it was all a shock to me and I felt I didn't do the correct thing when I received the non compliance email so I sort of spiralled as a result. But we move, I'll brace myself for what to come this time around.

[marcidevpal]

This time around, I am doing a lil bit better, because I have a bit more understanding how the whole process works and I am reading more on this forum and others to better equipped my knowledge of the process.

I agree. Knowing the process and the pitfalls is the key. I am really sorry you had to experience so much stress and discomfort. The Home Office is now aware from your witness statement and the judge's decision, that you deal with OCD, anxiety, and other issues surrounding your mental health. I would send them a reminder email in two weeks to say about your offer. I would include a paragraph about what happened in December and another paragraph about the stress you are under now. If they still fail to accept your offer and you win, I believe you have a very strong case for receiving compensation and an apology. If having the permission application as an outstanding task is stressful for you, just send it. You have another go with the Upper Tribunal.