Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

The EUSS appeals will certainly go forward, as the programme is still open. I don't see the point to the DRF1 continuing after 31 December 2020, given that people are supposed to apply under EUSS.

If I understand, Zambrano judgment is a CJEU case law.
If so, the judges may decide by relying on this as it state in some of the articles. Given that we will have passed the
transition period

Yes, Ruiz Zambrano took his complaint to the European Court of Justice. He relied on the Charter of Fundamental Rights. Zambrano lived in Belgium. Belgium is a member of the Council of the European Union.

The UK was a member of the Council of the EU. The UK is no longer a member of the Council of the European Union.

The Zambrano ruling applied to the UK because the UK was a member of the Council of the European Union. Therefore, the Zambrano ruling no longer applies to the UK.

After 31 December 2020, UK judges will rely on UK laws, the European Convention on Human Rights, and the Brexit deal. Zambrano carers are at the mercy of the UK's Parliament.

The EU has no role for Zambrano carers after 31 December 2020.

I get it, thanks Lolwe

You're welcome, Miss Suz. Too few Zambrano carers understand what is actually happening.

The Home Office were really upset about the Zambrano ruling. They excluded Zambrano carers from the Withdrawal Agreement on purpose, in my opinion. All other types of family members are covered.

The Home Office are still really upset about the European Court on Human Rights. They don't like "that court" telling them what to do. Once the UK leaves the Council of Europe, ECHR will no longer apply. Sometime thereafter, immigration applications that rely on Article 8 (family life) will be refused.

Right now, there are hundreds of children in Europe waiting to enter the UK. They rely on Article 8 of the ECHR because they have a British family member who lives in the UK. When you add in the thousands of asylum seekers, who also rely on Article 8, you can see why the Home Office want to get rid of Article 8.

The sooner you get your EUSS claim resolved, the better for you and your family.

[lolwe]

I am trying to understand how we can all put our case together and take legal action against the Home Office as they breach the withdrawal agreement by refusing our EUSS application. Can that be possible? And how?

The Home Office have not breached the Withdrawal Agreement by refusing your EUSS application. Zambrano carers are not covered by the WA.

Appendix EU is largely, but not wholly, based on the Withdrawal Agreement. The part about Zambrano carers was added by the UK. The UK did not have to do that, although morally they sort of did.

The Home Office breached the Zambrano ruling. They are applying guidance that several judges have declared to be unlawful. Moreover, they engage in automatic refusals.

Therefore, you have to fight on the basis of their actions going actions UK laws or against the European Convention on Human Rights (Article 8 ), or both.

When enough Zambrano carers win in the First Tier Tribunal on an individual basis, a law firm may be willing to bring a class action lawsuit against the Home Office. But, I would not hold my breath. Something is very rotten with the UK legal community when it comes to Zambrano carers.

Zambrano carers need a group to represent them similar to the 3million organisation that represents EU citizens. The first step is for Zambrano carers to educate themselves about what is happening. Z carers need to be willing to talk to the media.

[Chris90]

Hi all,

I expected Home office to make swift changes when they can.

As long as you filed your drf1 appeal before the end of the transition period you have a valid appeal that will be decided on unless you withdraw your appeal right.

It's after the transition period and EEA Regulations gets removed from the law books here in UK DRF1 is truly dead, however EU settlement scheme continues.

Don't you find it funny the home office tells Zambrano carers apply for domestic routes in refusal letters but at the same time do not ammend the settlement scheme requirements (appendix EU) to request Zambrano carers to apply domestic first? Because they know they can't the regulations does not allow it.

Appendix EU or EU settlement scheme did not make any new rights for Zambrano carers, you see even tho at first the withdrawal agreement didn't cover us clearly, home office had an obligation under EU law to do so and it would have been a matter of time before they would have to address this, home office have been playing us on the back of our fears of being deported, this why they ran the clock down before giving us decisions on our applications, see they had to let some of us through the EU settlement scheme just so they can say they did the right thing, however laws don't work this way.

I read of this forum where someone said a caseworker even acted nice by telling an applicant directly to apply domestic (appendix FM)

If you did not have a Zambrano right in the first place the refusal letters would state so, this is why they say instead appendix FM would be successful and bla bla bla, just to appear reasonable.

Been saying this, home office clearly does not want some Zambrano carers to be protected under the appendix EU, they do not get to decide this however, rights whether direct or indirect do not work how home office wants some Zambrano carers to believe. This would explain why some admin review is successful and some ain't, some people got the Zambrano confirmed when holding limited leave and some don't. The difference is the arguments raised.

The first tier tribunal will decide on what the law/requirements was as long as EU law was effective when the appeal was lodge..

It's scary for those fighting out for their rights but it's gonna be worth it.

2 things can happen now, all these appeals at the first tier tribunal will be allowed or be dismissed but I strongly believe Home office will not allow any Zambrano case to reach supreme court when it relates to residence cards as the guidelines was already given in Shahs case last year..

The lower courts must respect the higher and in some of our cases the highest court judgments. This is why at times appeals goes back to a lower court if and error in law is made or is obvious..

Don't worry if you have an appeal pending.

The law is actually on our side, we are just being treated poorly.

[lolwe]

In my opinion, the EU failed Zambrano carers who remain in the UK. The EU should have insisted that Zambrano carers who live in the UK be covered by the Withdrawal Agreement.

The EU allowed Theresa May's government to exclude Zambrano carers who remain in the UK from the Withdrawal Agreement.

To be fair to the EU, they did make some arrangements. If a Zambrano carers moves with their British child to the EU before the 31 December 2020, the Zambrano carer will be covered by the Withdrawal Agreement.

[lolwe]

Also in my opinion...

If I were a solicitor or barrister, I would want to file a class action claim against the Home Office over these refusals. It would be great for my career. It is also an easy win. The courts know the refusals are unlawful. Judges have said so.

So, why haven't more UK law firms filed a claim against the Home Office? Why are they having Zambrano carers file individually? They know the stress it is causing. All of these individual cases, arguing against the same refusals, is a waste of the court's time and resources. Just think about it.

[Chris90]

I have learnt that in law that sometimes even in our case where the regulations allows us to get what we applied for, the other party does not have to see it the same way, and will attempt to sway a judge to view a dispute their way. But in our Zambrano carer cases it not just us saying it out our mouths, the regulations says so too.. the courts say so too. Try not to worry. Otherwise the laws we live by every day do not mean anything.

If and when your appeal gets allowed, make attempts to claim for damages if you wish from the Home office unlawful approach to your case with a judicial review. While it may look weak I'm certain those that did not hold leave at all besides being a Zambrano carer will probably win if you prove damages you sustained by such unlawful approach, it depends on your case and timeline from application and decision or justice.

They goals of a case in the tribunal is to win so think carefully.

[Chris90]

Also in my opinion...

If I were a solicitor or barrister, I would want to file a class action claim against the Home Office over these refusals. It would be great for my career. It is also an easy win. The courts know the refusals are unlawful. Judges have said so.

So, why haven't more UK law firms filed a claim against the Home Office? Why are they having Zambrano carers file individually? They know the stress it is causing. All of these individual cases, arguing against the same refusals, is a waste of the court's time and resources. Just think about it.

I agree with you, even tho Zambrano maybe well know to us alot of people still do not know about it. We just didn't organise ourselves, some took Home office advice and went appendix FM, some took the first residence card they got but if the UK ever leave the obligations they have under article 8 in the future it will be interesting to see what they propose to replace it..

[lolwe]

Zambrano carers v SSHD!

Were you refused under EUSS? Plan to file a legal claim in the First Tier Tribunal? Consider starting or joining a collective action against the Home Office.

https://www.justice.gov.uk/courts/proce ... pd_part19b

What is a Group Litigation Order or GLO?

The Group Litigation Order is the mechanism by which the court manages those individual claims where the claims give rise to common or related issues of fact or law (referred to as the GLO issues).

Each claim within a GLO is an individual claim. Every claimant must individually make their own claim. Any damages awarded at the end of the litigation will go only to those who actively made claims.

All claims relating to the matter in question must be issued in the court that makes the GLO (the management court). This avoids the risk of inconsistent outcomes.

Any judgment on the GLO will be binding in relation to all other claims on the group register.

Each claimant will be liable for its individual costs and their fair share of the common costs.

An application for a GLO must be made in accordance with CPR Part 23, may be made at any time before or after any relevant claims have been issued and may be made either by a claimant or by a defendant.

[lolwe]

Also in my opinion...

If I were a solicitor or barrister, I would want to file a class action claim against the Home Office over these refusals. It would be great for my career. It is also an easy win. The courts know the refusals are unlawful. Judges have said so.

So, why haven't more UK law firms filed a claim against the Home Office? Why are they having Zambrano carers file individually? They know the stress it is causing. All of these individual cases, arguing against the same refusals, is a waste of the court's time and resources. Just think about it.

I agree with you, even tho Zambrano maybe well know to us alot of people still do not know about it. We just didn't organise ourselves, some took Home office advice and went appendix FM, some took the first residence card they got but if the UK ever leave the obligations they have under article 8 in the future it will be interesting to see what they propose to replace it..

Why would they replace Appendix FM with anything similar. The head of the Home Office said she only wants to see "skilled" people allowed entry to the UK. They say they want an "Australian style" immigration system. To me, the questions I have are

1.) How long will the phase out period be for Appendix FM, once they decide to get rid of ECHR?
2.) Will the EU stop the UK from leaving the Council of Europe?

[Miss-Suz]

If I understand, Zambrano judgment is a CJEU case law.
If so, the judges may decide by relying on this as it state in some of the articles. Given that we will have passed the
transition period

Yes, Ruiz Zambrano took his complaint to the European Court of Justice. He relied on the Charter of Fundamental Rights. Zambrano lived in Belgium. Belgium is a member of the Council of the European Union.

The UK was a member of the Council of the EU. The UK is no longer a member of the Council of the European Union.

The Zambrano ruling applied to the UK because the UK was a member of the Council of the European Union. Therefore, the Zambrano ruling no longer applies to the UK.

After 31 December 2020, UK judges will rely on UK laws, the European Convention on Human Rights, and the Brexit deal. Zambrano carers are at the mercy of the UK's Parliament.

The EU has no role for Zambrano carers after 31 December 2020.

I get it, thanks Lolwe

You're welcome, Miss Suz. Too few Zambrano carers understand what is actually happening.

The Home Office were really upset about the Zambrano ruling. They excluded Zambrano carers from the Withdrawal Agreement on purpose, in my opinion. All other types of family members are covered.

The Home Office are still really upset about the European Court on Human Rights. They don't like "that court" telling them what to do. Once the UK leaves the Council of Europe, ECHR will no longer apply. Sometime thereafter, immigration applications that rely on Article 8 (family life) will be refused.

Right now, there are hundreds of children in Europe waiting to enter the UK. They rely on Article 8 of the ECHR because they have a British family member who lives in the UK. When you add in the thousands of asylum seekers, who also rely on Article 8, you can see why the Home Office want to get rid of Article 8.

The sooner you get your EUSS claim resolved, the better for you and your family.

Thank you so much Lolwe for your encouraging words. I have been crying since early this morning, have been thinking and thinking, searching on the web about Zambrano carer after Brexit.
Thanks a lot

[Miss-Suz]

I have learnt that in law that sometimes even in our case where the regulations allows us to get what we applied for, the other party does not have to see it the same way, and will attempt to sway a judge to view a dispute their way. But in our Zambrano carer cases it not just us saying it out our mouths, the regulations says so too.. the courts say so too. Try not to worry. Otherwise the laws we live by every day do not mean anything.

If and when your appeal gets allowed, make attempts to claim for damages if you wish from the Home office unlawful approach to your case with a judicial review. While it may look weak I'm certain those that did not hold leave at all besides being a Zambrano carer will probably win if you prove damages you sustained by such unlawful approach, it depends on your case and timeline from application and decision or justice.

They goals of a case in the tribunal is to win so think carefully.

Thank so much you Chris90,
The stress level is currently high

[lolwe]

Thank you so much Lolwe for your encouraging words. I have been crying since early this morning, have been thinking and thinking, searching on the web about Zambrano carer after Brexit.
Thanks a lot

Really, Miss Suz? Your situation seems quite good to me. Fight for the EUSS. At the end of the day, even if nothing goes your way on the EUSS, you seem eligible for indefinite leave to remain under the 10 year route. It costs a lot of money, but at least you know you have that option. Some Zambrano carers are refused for EUSS. If they switch to the 10 year route under Appendix FM (Article 8 ), they could have problems in the future.

Pretty much the only benefit Zambrano carers have after 31 Decemer 2020, is six months to apply for EUSS after Brexit. Like EU citizens with residence cards, the Zambrano carer derivative residence cards are no longer valid. If your employer or landlord asks for proof of legal residence, the Home Office should confirm via their hotline that you have the right to reside.

The most disgusting thing about the EUSS is that some Zambrano carers got settled or pre-settled status, after just submitting an application. I am happy for those Zambrano carers, but the way the Home Office just randomly picks people to get settlement, and randomly refuses the majority is nothing short of a failure of government. Two Zambrano carers with the same profile can have completely opposite outcomes.

I think you are right about the class action (collective action) lawsuit. I think Chris is right about suing for damages. The only way to stop this madness is for Zambrano carers to file together and ask for damages, to stop the Home Office from blanket refusals, excessive delays, etc. In other words, a hostile environment.

[Miss-Suz]

Zambrano carers v SSHD!

Were you refused under EUSS? Plan to file a legal claim in the First Tier Tribunal? Consider starting or joining a collective action against the Home Office.

https://www.justice.gov.uk/courts/proce ... pd_part19b

What is a Group Litigation Order or GLO?

The Group Litigation Order is the mechanism by which the court manages those individual claims where the claims give rise to common or related issues of fact or law (referred to as the GLO issues).

Each claim within a GLO is an individual claim. Every claimant must individually make their own claim. Any damages awarded at the end of the litigation will go only to those who actively made claims.

All claims relating to the matter in question must be issued in the court that makes the GLO (the management court). This avoids the risk of inconsistent outcomes.

Any judgment on the GLO will be binding in relation to all other claims on the group register.

Each claimant will be liable for its individual costs and their fair share of the common costs.

An application for a GLO must be made in accordance with CPR Part 23, may be made at any time before or after any relevant claims have been issued and may be made either by a claimant or by a defendant.

That is interesting

[Miss-Suz]

Thank you so much Lolwe for your encouraging words. I have been crying since early this morning, have been thinking and thinking, searching on the web about Zambrano carer after Brexit.
Thanks a lot

Really, Miss Suz? Your situation seems quite good to me. Fight for the EUSS. At the end of the day, even if nothing goes your way on the EUSS, you seem eligible for indefinite leave to remain under the 10 year route. It costs a lot of money, but at least you know you have that option. Some Zambrano carers are refused for EUSS. If they switch to the 10 year route under Appendix FM (Article 8 ), they could have problems in the future.

Pretty much the only benefit Zambrano carers have after 31 Decemer 2020, is six months to apply for EUSS after Brexit. Like EU citizens with residence cards, the Zambrano carer derivative residence cards are no longer valid. If your employer or landlord asks for proof of legal residence, the Home Office should confirm via their hotline that you have the right to reside.

The most disgusting thing about the EUSS is that some Zambrano carers got settled or pre-settled status, after just submitting an application. I am happy for those Zambrano carers, but the way the Home Office just randomly picks people to get settlement, and randomly refuses the majority is nothing short of a failure of government. Two Zambrano carers with the same profile can have completely opposite outcomes.

I think you are right about the class action (collective action) lawsuit. I think Chris is right about suing for damages. The only way to stop this madness is for Zambrano carers to file together and ask for damages, to stop the Home Office from blanket refusals, excessive delays, etc. In other words, a hostile environment.

Well said, I personally know many people who got their EUSS application successfully. Most of them have LTR

[Chris90]

Should the first tier tribunal allow your appeal it proves home office with instructions from the SSHD acted outside their powers and refused most Zambrano in an unlawful way. The next step would to proof what you lost because of it all from the time you was waiting for a biometric card. This why those who had no leave beside being Zambrano would be in a very winnable position.

Home office only seems to do the right thing when they have to pay up or when the media expose their actions.

Like I said it is scary, I know but if you allow fear over power what most of us have read about our derivative right to reside, home office wins, you just gain and extended route to settlement that will be costly for most. Not only that but most will be vulnerable to the ever changing immigration rules under domestic routes, you may even find yourself in the tribunal again who knows

The reason home office found themselves in this position is because Zambrano was treated unfairly from day 1 within the UK, brexit forced them to do the lawful thing however most carers are still recieving resistant about their lawful rights under EU LAW...

You are not asking home office for a favour if you meet the Zambrano requirements even though it may feel that way you are not. The criteria set allows you, not home office.

[lolwe]

How to file a GLO (Group Litigation Order)

https://assets.publishing.service.gov.u ... b_0818.pdf

Step 1: Go to the website for the N244 application (see url link above). Complete the N244 application

Step 2: Wait for the Court to establish the Group Register.

Step 3: Zambrano carers can add their claims to the GLO register. The court may assign existing related cases to the register, too.

Step 4: The claims on the Register will be re-allocated to the muli-track.

Step 5: A judge and case manager will be assigned to all of the claims. Wait for a court date.

Step 6: The judge will decide the claim and award costs.

Step 7: The judge will create a cut off date for new Zambrano carers to enter the register


Questions to be answered on the form
(1) a summary of the nature of the litigation;
(2) the number and nature of claims already issued;
(3) the number of parties likely to be involved;
(4) the common issues of fact or law (the ‘GLO issues’) that are likely to arise in the litigation; and
(5) whether there are any matters that distinguish smaller groups of claims within the wider group.

[lolwe]

Another reason a GLO may be a good idea:

Imagine it is July 2021. The deadline for applying to the EUSS has finished. The Home Office start sending out administrative removal (deportation) letters to Zambrano carers who don't have leave to remain.

Each Zambrano carer would need to file a claim to challenge their removal. A group of Zambrano carers could also bundle their claims to create a GLO. They could stop the unlawful removal activity by the Home Office.

Wouldn't it be great if a lawyer could help a Zambrano carer complete the N244 application for a GLO?

[lolwe]

Perhaps you can convince a lawyer to represent Zambrano carers in a GLO?

Should the first tier tribunal allow your appeal it proves home office with instructions from the SSHD acted outside their powers and refused most Zambrano in an unlawful way. The next step would to proof what you lost because of it all from the time you was waiting for a biometric card. This why those who had no leave beside being Zambrano would be in a very winnable position.

Home office only seems to do the right thing when they have to pay up or when the media expose their actions.

Like I said it is scary, I know but if you allow fear over power what most of us have read about our derivative right to reside, home office wins, you just gain and extended route to settlement that will be costly for most. Not only that but most will be vulnerable to the ever changing immigration rules under domestic routes, you may even find yourself in the tribunal again who knows

The reason home office found themselves in this position is because Zambrano was treated unfairly from day 1 within the UK, brexit forced them to do the lawful thing however most carers are still recieving resistant about their lawful rights under EU LAW...

You are not asking home office for a favour if you meet the Zambrano requirements even though it may feel that way you are not. The criteria set allows you, not home office.

[Miss-Suz]

What are the stages of an appeal?
I have already received a notice of appeal acknowledgment letter. Is the tribunal sending a notice to the Home Office as well? In order for them to reconsider their decision? If they are not changing their mind then the court will send me a hearing date?
Am I correct?

[Chris90]

To clarify what I am say in a simple way

When the court of appeal heard (2017) bourouisa, Shah and Patel, home office adopted and relied heavily on the remarks of a judge about Zambrano right being a last resort, fast forward 2019 Dec. The supreme court allowed Shahs appeal proving one can apply and be granted residence card as a Zambrano carer whether or not appendix FM is available especially for those who care for their children.

The Home office never updated their guidance or drop their reliance on this 2017 court of appeal case. This is their choice however, they took a big lost in Shah at the supreme court and to be honest they are leaving the confirmation of Zambrano carers rights to the courts.

Why trust the courts? If you meet what the criteria sets out for a Zambrano carer to be granted a residence card, the regulations and caselaws must apply for you until the supreme court says otherwise this is the correct approach...

Any other decision which does not follow what the supreme court said in Shah case when caring for your child will be a error of law..

No Judge intentionally wants this for their career..

They will refer to the supreme court guidance.

Don't be scared.

[Miss-Suz]

To clarify what I am say in a simple way

When the court of appeal heard (2017) bourouisa, Shah and Patel, home office adopted and relied heavily on the remarks of a judge about Zambrano right being a last resort, fast forward 2019 Dec. The supreme court allowed Shahs appeal proving one can apply and be granted residence card as a Zambrano carer whether or not appendix FM is available especially for those who care for their children.

The Home office never updated their guidance or drop their reliance on this 2017 court of appeal case. This is their choice however, they took a big lost in Shah at the supreme court and to be honest they are leaving the confirmation of Zambrano carers rights to the courts.

Why trust the courts? If you meet what the criteria sets out for a Zambrano carer to be granted a residence card, the regulations and caselaws must apply for you until the supreme court says otherwise this is the correct approach...

Any other decision which does not follow what the supreme court said in Shah case when caring for your child will be a error of law..

No Judge intentionally wants this for their career..

They will refer to the supreme court guidance.

Don't be scared.

Agree %100

[lolwe]

What are the stages of an appeal?
I have already received a notice of appeal acknowledgment letter. Is the tribunal sending a notice to the Home Office as well? In order for them to reconsider their decision? If they are not changing their mind then the court will send me a hearing date?
Am I correct?

Did you talk to or email your case manager? I believe the First Tier Tribunal provides the notice of appeal to the SSHD. The SSHD must then respond. You should check with your case manager.

https://assets.publishing.service.gov.u ... 200721.pdf

Next step: Response: other cases

24.—
(1)Except in appeals to which rule 23 applies, when a respondent is provided with a copy of a notice of appeal, the respondent must provide the Tribunal with—
(a)the notice of the decision to which the notice of appeal relates and any other document the respondent provided to the appellant giving reasons for that decision;
(b)any statement of evidence or application form completed by the appellant;
(c)any record of an interview with the appellant in relation to the decision being appealed;
(d)any other unpublished document which is referred to in a document mentioned in subparagraph (a) or relied upon by the respondent; and(e)the notice of any other appealable decision made in relation to the appellant.

(2)The respondent must, if the respondent intends to change or add to the grounds or reasons relied upon in the notice or the other documents referred to in paragraph (1)(a), provide the Tribunal and the other parties with a statement of whether the respondent opposes the appellant’s case and the grounds for such opposition.14

(3)The documents listed in paragraph (1) and any statement required under paragraph (2) must be provided in writing within 28 days of the date on which the Tribunal sent to the respondent a copy of the notice of appeal and any accompanying documents or information provided under rule 19(6)

[Chris90]

Perhaps you can convince a lawyer to represent Zambrano carers in a GLO?

Should the first tier tribunal allow your appeal it proves home office with instructions from the SSHD acted outside their powers and refused most Zambrano in an unlawful way. The next step would to proof what you lost because of it all from the time you was waiting for a biometric card. This why those who had no leave beside being Zambrano would be in a very winnable position.

Home office only seems to do the right thing when they have to pay up or when the media expose their actions.

Like I said it is scary, I know but if you allow fear over power what most of us have read about our derivative right to reside, home office wins, you just gain and extended route to settlement that will be costly for most. Not only that but most will be vulnerable to the ever changing immigration rules under domestic routes, you may even find yourself in the tribunal again who knows

The reason home office found themselves in this position is because Zambrano was treated unfairly from day 1 within the UK, brexit forced them to do the lawful thing however most carers are still recieving resistant about their lawful rights under EU LAW...

You are not asking home office for a favour if you meet the Zambrano requirements even though it may feel that way you are not. The criteria set allows you, not home office.

While this may be a good idea, home office have now held their position, it would have been a more effective at the first refusal letter after Shah that requested an applicant to apply for domestic first.

Had they been hit with a group challenge then I believe they would have backed down, now they are just refusing what they think are weak cases because it individually lodged, they run a risk of unfair process and discrimination with this thought..

[lolwe]

It took a few readings, but now Lady Hale seems pretty clear to me.

If you can prove a relationship of dependency and your child will be forced to leave with you if you leave the UK, you qualify for a derivative residence card.

No other factors are relevant in the determination. In other words, it doesn't matter if you can apply for LTR under Appendix FM in terms of establishing whether or not you are a Zambrano carer.

Per paragraph 30 https://www.supremecourt.uk/cases/docs/ ... dgment.pdf

The overarching question is whether the son would be compelled to leave by reason of his relationship of dependency with his father. In answering that question, the court is required to take account, “in the best interests of the child concerned, of all the specific circumstances, including the age of the child, the child’s physical and emotional development, the extent of his emotional ties both to the Union citizen parent and to the third-country national parent, and the risks which separation from the latter might entail for that child’s equilibrium” (Chavez-Vilchez, para 71). The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts. As explained in para 28 of this judgment, on the FTT’s findings, the son would be compelled to leave with his father, who was his primary carer. That wassufficient compulsion for the purposes of the Zambrano test.

If you feel comfortable, try reading the Supreme Court decision.

To clarify what I am say in a simple way

When the court of appeal heard (2017) bourouisa, Shah and Patel, home office adopted and relied heavily on the remarks of a judge about Zambrano right being a last resort, fast forward 2019 Dec. The supreme court allowed Shahs appeal proving one can apply and be granted residence card as a Zambrano carer whether or not appendix FM is available especially for those who care for their children.

The Home office never updated their guidance or drop their reliance on this 2017 court of appeal case. This is their choice however, they took a big lost in Shah at the supreme court and to be honest they are leaving the confirmation of Zambrano carers rights to the courts.

Why trust the courts? If you meet what the criteria sets out for a Zambrano carer to be granted a residence card, the regulations and caselaws must apply for you until the supreme court says otherwise this is the correct approach...

Any other decision which does not follow what the supreme court said in Shah case when caring for your child will be a error of law..

No Judge intentionally wants this for their career..

They will refer to the supreme court guidance.

Don't be scared.

Agree %100

[lolwe]

While this may be a good idea, home office have now held their position, it would have been a more effective at the first refusal letter after Shah that requested an applicant to apply for domestic first.

Had they been hit with a group challenge then I believe they would have backed down, now they are just refusing what they think are weak cases because it individually lodged, they run a risk of unfair process and discrimination with this thought..

Imagine this scenario

1.) Zambrano carer receives a refusal letter.
2.) She files a claim with the FTT
3.) She creates a GLO relating to her refusal letter
4.) Other Zambrano carers with the same refusal letter, each file a claim and then join the GLO
5.) The judge rules in favour of all the claimants on the GLO.
6.) The judge keeps the GLO register open until the end of 2021.
7.) Any other Zambrano carer who receives the same refusal letter, joins the GLO register and wins.

If the Home Office know there is a GLO, they are going to stop issuing that type of refusal letter.