Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[Wishfulgirl]

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.

Hi Marcidevpal,

Just received confirmation from the courts, They have sent over a copy of my appeal bundle. It would seems they presented the skeleton argument from the 04th of January, instead of the updated version I sent on the 05th of January. The home office would’ve only received the 05th of January bundles because I made sure to send it to the courts first, then I sent it to the Home office and further cc’d the courts within that email. (One would think they would’ve picked it up but it’s obviously not the case & someone made an error somewhere. Despite reassuring me that it was actioned, it’s now disappointing to know it wasn’t. How exhausting!

Nonetheless, My skeleton argument provided on the 4th of January raised the same question and submission similar to the one I emailed to the courts on the 05th January 2023. So nothing has changed and the “Issues to be determined & Submissions “ were still not acknowledged within my hearing.

[marcidevpal]

It would seems they presented the skeleton argument from the 04th of January, instead of the updated version I sent on the 05th of January.

Sounds like someone has another (damning) paragraph to add to their permission to appeal letter Let's check the scoreboard, shall we?

Wishfulgirl - 0 demerits
Admin clerks - 1 demerit
FtT judge - (I guess we'll have to wait and see what the next FtT judge says)

Just kiddin. This isn't a competition. It's people's lives! Anyway, your judge was all like, "I won't repeat the appellant's submissions here...." I think we all know why....

The life lesson here is..don't mess with someone who has OCD, they will check everything

[marcidevpal]

The Chikwamba Principle

The Chikwamba principle is a concept that arises in UK immigration law from the case of Chikwamba v Secretary of State for the Home Department [2008] UKHL 40.

The case involved a Zimbabwean national who had a British child and British partner but had been denied leave to remain in the UK on the basis that she should apply for entry clearance from outside the UK (i.e., from Zimbabwe).

The House of Lords (now replaced by the Supreme Court) decided that it was disproportionate and unnecessarily disruptive to family life to expect the claimant to return to Zimbabwe to apply for entry clearance when she met the requirements for leave to remain and when it was virtually certain that she would succeed in an entry clearance application.

This led to what's now referred to as the "Chikwamba principle", where it's generally considered inappropriate to expect an applicant to return to their home country to make an entry clearance application when they would inevitably succeed, and there is no public interest requiring them to do so.

This principle must be considered by immigration judges when dealing with cases involving family and private life under Article 8 of the European Convention on Human Rights. It's also relevant when considering the 'reasonableness' test in child-centered immigration cases.

[marcidevpal]

Osinubi & Deportation Order

I did say (years ago) they would try to deport Zambrano carers....Looks like it has started.

https://tribunalsdecisions.service.gov. ... 022-005765

Representation:
For the Appellant: Mr xxxxx, Senior Home Office Presenting Officer
For the Respondent: Mr xxxx, Bail for Immigration Detainees

Heard at Field House on 28 April 2023

The decision of the First-tier Tribunal did not involve the making of an error of law and I uphold it.

Signed Date: 19 May 2023
xxxxx
Judge of the Upper Tribunal
Immigration and Asylum Chamber

Mr. xxxx, a Nigerian citizen, applied for permanent residency ("indefinite leave to remain") in the UK under a section of immigration law called Appendix EU. He is the primary carer for his four children who are British citizens. His wife is also a British citizen.

The UK Secretary of State, who oversees immigration decisions, rejected his EUSS application. The reasoning was that Mr. xxxx could not show he was a "person with a Zambrano right to reside."

Mr. xxxx appealed this decision to the First-tier Tribunal, which is a lower level of the court system in the UK. The judge there decided in favor of , allowing him to stay in the UK.

The Secretary of State then appealed this decision to a higher level court, saying:
a) The judge did not correctly consider the actual legal grounds for Mr. xxxx appeal.
b) The judge failed to take into account an existing order to deport Mr. xxxx, which would invalidate any legal permission for him to stay in the UK.

The judge concludes that there is no error in the First-tier Tribunal's decision and that the Secretary of State may have to revoke the deportation order against Mr. xxxx to be in accordance with the Immigration Rules.

[CR001]

Can we kindly request that you refrain from posting names on the forum (you keep doing this and they come up in Google searches) and many of these people might not particularly want or give permission for the personal details to be posted on a random internet forum which is searchable by anyone on the internet.

You simply need to post the recordable tribunal link, no need to also post all the information.

[marcidevpal]

Pending Appeals & Zambrano Carers

https://tribunalsdecisions.service.gov. ... 05622-2020

Representation:
For the Respondent: Appeared in person.

Heard at Parliament House, Edinburgh on 6 February 2023

The claimant has made three applications asserting a right to be in the United Kingdom under the Immigration (European Economic Area) Regulations 2006 and 2016.

Her first application was in May 2008; it was refused.

Her second application was under the EU Settlement Scheme, made on 13 June 2019 and refused on 3 July 2020.

She then applied again, for a residence card on the basis of her parental responsibility for her children. That application was made on 4 August 2020 and refused on 13 October 2020.

She appealed against that decision. The appeal was heard on 21 June 2021 at Glasgow. On 29 June 2021 Judge Prudham issued the Tribunal’s decision allowing her appeal.

The court allowed an additional argument put forward by the Secretary of State's counsel that in June 2021, when Judge Prudham heard and determined the claimant’s appeal, articles 16 and 20 of the 2016 Regulations had been repealed, with no savings for pending appeals.

======

MY THOUGHTS

It is clear that her Zambrano right arose in 2008. It is clear she achieved five years residence prior to the transition date. She should have won.

I think it is important for litigants in person to either appeal on the papers before the Upper Tribunal or hire a barrister for the day.

[marcidevpal]

Can we kindly request that you refrain from posting names on the forum (you keep doing this and they come up in Google searches) and many of these people might not particularly want or give permission for the personal details to be posted on a random internet forum which is searchable by anyone on the internet.

You simply need to post the recordable tribunal link, no need to also post all the information.

It is important to put the name - even if just the last name. There are dozens of cases on here. It is impossible to find the case if there isn't a name.

Or do you just mean the name of the lawyers and judges?

Isn't it interesting the way Zambrano carers do not get a choice about their full name being posted on UTIAC, but people who work 'in the industry' complain about their name being shared?

If you want me to put the link only, with zero mention of any name in any form whatsoever, let me know.

It would not be worth my time posting case summaries anymore, so I won't do it. I am not your personal news organisation.

[CR001]

Can we kindly request that you refrain from posting names on the forum (you keep doing this and they come up in Google searches) and many of these people might not particularly want or give permission for the personal details to be posted on a random internet forum which is searchable by anyone on the internet.

You simply need to post the recordable tribunal link, no need to also post all the information.

It is important to put the name - even if just the last name. There are dozens of cases on here. It is impossible to find the case if there isn't a name.

Or do you just mean the name of the lawyers and judges?

Isn't it interesting the way Zambrano carers do not get a choice about their full name being posted on UTIAC, but people who work 'in the industry' complain about their name being shared?

If you want me to put the link only, with zero mention of any name in any form whatsoever, let me know.

It would not be worth my time posting case summaries anymore, so I won't do it. I am not your personal news organisation.

ANY name should not be posted, I did not say only UKVI officials etc. They have not given their permission for you to post their details on this forum for anyone to search.

You have previously, under multiple different usernames, asked to be deactivated on this forum which was done, yet here you are continuing to post under a different name and other than a very very small number of members in this topic, you are the only one posting continuously. As the saying goes, less is more. You have simply bombarded this topic and it has become impossible for anyone to keep up.

I personally don't care whether you post or not or stay on the forum or not, but please respect that other people who are not on the forum, likely would not want their personal details posted by some random person on a public internet forum.

[marcidevpal]

Can we kindly request that you refrain from posting names on the forum (you keep doing this and they come up in Google searches) and many of these people might not particularly want or give permission for the personal details to be posted on a random internet forum which is searchable by anyone on the internet.

You simply need to post the recordable tribunal link, no need to also post all the information.

It is important to put the name - even if just the last name. There are dozens of cases on here. It is impossible to find the case if there isn't a name.

Or do you just mean the name of the lawyers and judges?

Isn't it interesting the way Zambrano carers do not get a choice about their full name being posted on UTIAC, but people who work 'in the industry' complain about their name being shared?

If you want me to put the link only, with zero mention of any name in any form whatsoever, let me know.

It would not be worth my time posting case summaries anymore, so I won't do it. I am not your personal news organisation.

ANY name should not be posted, I did not say only UKVI officials etc. They have not given their permission for you to post their details on this forum for anyone to search.

You have previously, under multiple different usernames, asked to be deactivated on this forum which was done, yet here you are continuing to post under a different name and other than a very very small number of members in this topic, you are the only one posting continuously. As the saying goes, less is more. You have simply bombarded this topic and it has become impossible for anyone to keep up.

I personally don't care whether you post or not or stay on the forum or not, but please respect that other people who are not on the forum, likely would not want their personal details posted by some random person on a public internet forum.

1.) EVERYTHING I post is in the public domain. No one on the internet personally asks for each person's permission before posting publicly available information. It would be strange and chaotic to do so. So, your argument about 'privacy' is not based on any practice.

2.) You can't actually speak on behalf of people you don't know - You are random just as much as me.

3.) Where in your rules does it say not to post ANY NAMES? If you quote a rule, provide the proof to back it up. Don't make up rules on the fly, or you may find even more people leave this forum....

4.) I don't care about your opinion on how much I post -which is why I didn't ask for it. Other people have repeatedly said they appreciate it. Do you think you know better than them? I think they are the best positioned to say what they want or need.

In truth, I was just staying on here for Wishfulgirl - to make sure she was ok. Thankfully, she managed to get to other forums.

[marcidevpal]

FYI, you may want to add the page number that your submissions appear on to your letter.

[marcidevpal]

Bottom line: People want to collect money off the backs of Zambrano carers, but they don't want their friends and neighbours to know what they do for a living.

[marcidevpal]

5.) I have gone for considerable periods without posting - and people still didn't post.

6.) I have suggested people who asked me questions, to wait for other people to respond - but no one did.

7.) It isn't my fault that the topics are lengthy and complex. Even the solicitors have backed away from Zambrano cases due to the complexity. It seems you would prefer I remained quiet, because some people feel 'overwhelmed'. It isn't my fault for showing the complexity and commenting on it.

8.) Silencing me doesn't change the difficulties of fighting for settlement under EUSS as a Zambrano carer.

[Wishfulgirl]

FYI, you may want to add the page number that your submissions appear on to your letter.

Hi marcidevpal,

Thank, I’ll make a not of that.

Please don’t leave the forum again, you’ve been an amazing help here, especially when I needed it back in December and as of recent. I can’t imagine what it would like if you decide to leave. No one else really responds on here anymore and getting a solicitor is proving very hard especially with complex cases. And though some may not reply, they are still reading.

Your input does not go unnoticed. I'd like to believe this forum will start to become alive again now that Akinsanya gave an update. We will have to wait and see.

[marcidevpal]

Please don’t leave the forum again, you’ve been an amazing help here, especially when I needed it back in December and as of recent. I can’t imagine what it would like if you decide to leave. No one else really responds on here anymore and getting a solicitor is proving very hard especially with complex cases. And though some may not reply, they are still reading.

Hiya Wishfulgirl,

How about we compromise? You tell me where to go and I will find you on another platform.

[Casa]

Please don’t leave the forum again, you’ve been an amazing help here, especially when I needed it back in December and as of recent. I can’t imagine what it would like if you decide to leave. No one else really responds on here anymore and getting a solicitor is proving very hard especially with complex cases. And though some may not reply, they are still reading.

Hiya Wishfulgirl,

How about we compromise? You tell me where to go and I will find you on another platform.

Rules 5 & 6 of the Board Ts&Cs:
For your own safety, there should be no public posting of any personal contact information or social media links.
Invitations to make direct personal contact are not permitted.
The full Ts&Cs, which I'm sure you read thoroughly when you first joined for forum:

announcements/terms-conditions-t3.html

[marcidevpal]

Rules 5 & 6 of the Board Ts&Cs: announcements/terms-conditions-t3.html

My request for a reference to other forums that discuss Zambrano carers is NOT a request to make personal contact!

[marcidevpal]

Found ya!

[Casa]

Rules 5 & 6 of the Board Ts&Cs: announcements/terms-conditions-t3.html

My request for a reference to other forums that discuss Zambrano carers is NOT a request to make personal contact!

No, but it's a request to post a link for another forum. If you're about to question whether online forums are considered to be 'social media' platforms, please see the definition below:

"The answer is a resounding yes. While forums may differ from mainstream social media platforms in several ways, they share many of the same core features and have played a vital role in the evolution of the digital landscape"

[marcidevpal]

My request for a reference to other forums that discuss Zambrano carers is NOT a request to make personal contact!

No, but it's a request to post a link for another forum.

No. Rather than attempt to put words in my mouth, you could ask. I am NOT asked for a link. I asked for a name. Earlier, I suggested Wishfulgirl expand her network. I recommended Facebook. I did not provide a link to Facebook. No one said anything then.

[Wishfulgirl]

My request for a reference to other forums that discuss Zambrano carers is NOT a request to make personal contact!

No, but it's a request to post a link for another forum.

No. Rather than attempt to put words in my mouth, you could ask. I am NOT asked for a link. I asked for a name. Earlier, I suggested Wishfulgirl expand her network. I recommended Facebook. I did not provide a link to Facebook. No one said anything then.

Hi Marcidevpal,

What I am thinking....

I'm afraid to get banned on here. I don't want to mistakenly do something I shouldn't have or it is interpreted as such which will go against the forum rules. I'm already overthinking as it is. If I get banned, I wouldn't be able to liaise with you through on here and I don't want that to happen, seeing as I am unable reference another forum.

ChatGpt recommended

I hope you're doing well. I wanted to reach out because I've been feeling a bit anxious about the possibility of getting banned from this forum. I value our interactions and the discussions we have here, and the thought of losing that communication is truly disheartening.
I'm genuinely concerned about unintentionally violating any forum rules or having my actions misinterpreted. I tend to overthink things, which only adds to my worry. It's important to me to contribute positively and follow the forum guidelines, but I can't help but feel a bit overwhelmed by the fear of making a mistake.

Conclusion. I don't want to make a mistake and I know you may want to go but please don't leave. Had you not been here, I would've started preparing an application for flr fp instead of appealing and I'm sure others viewing will find your information helpful.

[marcidevpal]

Hi Wishfulgirl,

If you want to stay on this forum you should stay on it. If you want to have a chat with me about your immigration journey, you can do so on Facebook. If you want me to talk to you on this forum, I am not willing to do so in light of their apparent ban on publishing names that already exist in the public domain.

I get the impression that in the past, people have not honoured your boundaries. I hope you can honour mine.

Cheers, M

[Wishfulgirl]

Hi Wishfulgirl,

If you want to stay on this forum you should stay on it. If you want to have a chat with me about your immigration journey, you can do so on Facebook. If you want me to talk to you on this forum, I am not willing to do so in light of their apparent ban on publishing names that already exist in the public domain.

I get the impression that in the past, people have not honoured your boundaries. I hope you can honour mine.

Cheers, M

Hi Marcidevpal,

Thank you for your response, I completely understand and respect your decision.

[marcidevpal]

Hi Marcidevpal, Thank you for your response, I completely understand and respect your decision.

Thank you for your understanding, Wishfulgirl

[Wishfulgirl]

Hi Marcidevpal, Thank you for your response, I completely understand and respect your decision.

Thank you for your understanding, Wishfulgirl

Hi Marcidevpal,

If you ever get to read this, I have completed my zambrano permission to appeal and asked ChatGpt to fact check/ preview the information.

Response:

"The information provided in the revised response appears to be well-structured and comprehensive. It outlines the grounds for appeal, highlights relevant legal provisions, and refers to pending cases that could impact the interpretation of the law. The letter also emphasises the importance of considering human rights and the duty of the Home Office to assist applicants in proving eligibility. Overall, it appears to be a strong and well-argued appeal request."

Thanks again. By god's grace, I hope to find you on FB one day.

[Wishfulgirl]

Hi Marcidevpal, Thank you for your response, I completely understand and respect your decision.

Thank you for your understanding, Wishfulgirl

Hi Marcidevpal,

If you ever get to read this, I have completed my zambrano permission to appeal and asked ChatGpt to fact check/ preview the information.

Response:

"The information provided in the revised response appears to be well-structured and comprehensive. It outlines the grounds for appeal, highlights relevant legal provisions, and refers to pending cases that could impact the interpretation of the law. The letter also emphasises the importance of considering human rights and the duty of the Home Office to assist applicants in proving eligibility. Overall, it appears to be a strong and well-argued appeal request."

Thanks again. By god's grace, I hope to find you on FB one day.

Hi everyone,

I saw in a fb group that they will be closing the Zambrano settlement scheme route to new applicant from the 08 August 2023.

Does that mean people who did not have leave to remain and are eligible to apply under the scheme won’t be allowed to apply as a Zambrano carer from that date?