Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[lolwe]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right category.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Gee
Miss Suz



Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat
Lagosbos
Netqueen

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).


Who can please take responsibility for keeping this list up to date? I am trying to work on the draft order. Thanks!

[Lagosbos]

Morning Lolwe,
Oh wow, thank you so much for making things easier for us.
You’re an angel

Count me in.

It’s going to be a bumpy 2021 for the Home office if all carers could work together.

We definitely have to work together to defend our rights

Count me in!

Lagosbos, where on earth have you been?. It’s been ages.

Lulubaby, I'm very well and i hope you are too? I'm still very much here, but only took the back seat as my constructive criticisms appears to be taken out of context. I see your struggle and so everyone's. we shall all get victory at last.

[lolwe]

Per https://www.gov.uk/apply-for-a-uk-residence-card

https://www.gov.uk/apply-for-a-uk-resid ... une%202021.

How long it lasts for
Your residence card will not be valid after 30 June 2021. Check if you can apply to the EU Settlement Scheme to continue living in the UK.

On a technical reading, this site does not protect Zambrano carers, because the children of Zambrano carers stopped being citizens of the EU on 31 January 2020. The Withdrawal Agreement extended the protection for British (children), but that ends on 31 December 2020.

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021.

I see this quite a bit on this forum. Zambrano carers are not like the other groups. They are not covered by the Withdrawal Agreement. Any rights they enjoy are at the whim of Parliament going forward. And, unless Parliament puts it in writing, you can't rely on your assumptions, however reasonable.

Could you clarify - talking about technicality. Are you saying Zambrano carers who currently holds derivative card will cease to be valid after 31 December 2020? as this is the point I'm trying to shed more lights on. I believe home office should be obliged to issue residence card for all applications made before 31st December 2020 either by application or by appeal. I remember Miss suz raising similar questions why HO are still giving applicants appeal rights when Brexit is just few days away.

I am saying that the evidence you provided does not say what you say it says. That site commits to EU citizens. The Home Office could have easily said, "Anyone with a residence or derivative residence card retains the same rights until 30 June 2021." But they didn't. They said EU citizens are covered. Does that mean they are going to start deporting Zambrano carers after 31 December 2020? I should hope not but unless they made a commitment in writing, they can do whatever they want (taking into account the European Convention on Human Rights, of course). It is important that we say things correctly. We are filing a Group Litigation Order. We need start thinking like lawyers. That means being technically correct as much as possible. Hope that helps. Many people think the way you do, because it is perfectly natural to assume a government would treat people with a basic level of humanity. Until the hostile environment ends, take nothing for granted.

[LULUBABY]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right category.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Gee (?)


Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat
Lagosbos

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

[/quote]

I was refused EUSS because I had ltr but it expired while my application was with HO and they said in my refusal that I refused to renew my expired BRP and that my refusal to renew shows my child will not be compelled to leave.

[Lagosbos]

https://www.gov.uk/apply-for-a-uk-resid ... une%202021.

How long it lasts for
Your residence card will not be valid after 30 June 2021. Check if you can apply to the EU Settlement Scheme to continue living in the UK.

On a technical reading, this site does not protect Zambrano carers, because the children of Zambrano carers stopped being citizens of the EU on 31 January 2020. The Withdrawal Agreement extended the protection for British (children), but that ends on 31 December 2020.

There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021.

I see this quite a bit on this forum. Zambrano carers are not like the other groups. They are not covered by the Withdrawal Agreement. Any rights they enjoy are at the whim of Parliament going forward. And, unless Parliament puts it in writing, you can't rely on your assumptions, however reasonable.

Could you clarify - talking about technicality. Are you saying Zambrano carers who currently holds derivative card will cease to be valid after 31 December 2020? as this is the point I'm trying to shed more lights on. I believe home office should be obliged to issue residence card for all applications made before 31st December 2020 either by application or by appeal. I remember Miss suz raising similar questions why HO are still giving applicants appeal rights when Brexit is just few days away.

I am saying that the evidence you provided does not say what you say it says. That site commits to EU citizens. The Home Office could have easily said, "Anyone with a residence or derivative residence card retains the same rights until 30 June 2021." But they didn't. They said EU citizens are covered. Does that mean they are going to start deporting Zambrano carers after 31 December 2020? I should hope not but unless they made a commitment in writing, they can do whatever they want (taking into account the European Convention on Human Rights, of course). It is important that we say things correctly. We are filing a Group Litigation Order. We need start thinking like lawyers. That means being technically correct as much as possible. Hope that helps. Many people think the way you do, because it is perfectly natural to assume a government would treat people with a basic level of humanity.

Well said!

[Chris90]

To those waiting for both drf1 and settlement scheme appeal, if and when it is allowed.

Do not let home office get away with giving you only one card, they should give you a card under DRF1 which cost 65 and one under settlement scheme which was free... If they try to not do this, challenge them.

Both cards are the same but one is directly from EU laws where the other is subject to UK constant change of immigration laws. REQUEST PROOF OF BOTH.

[Lagosbos]

To those waiting for both drf1 and settlement scheme appeal, if and when it is allowed.

Do not let home office get away with giving you only one card, they should give you a card under DRF1 which cost 65 and one under settlement scheme which was free... If they try to not do this, challenge them.

Both cards are the same but one is directly from EU laws where the other is subject to UK constant change of immigration laws. REQUEST PROOF OF BOTH.

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

[lolwe]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

This joint legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

Which category represents you? Reply to the thread and mention @LULUBABY . Add your name to the right category.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Miss Suz
Gee

Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat
Lagosbos

Category 3: Zambrano carers who were refused because they did not renew their leave to remain under Appendix FM

Lulubaby

[LULUBABY]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

Which category represents you? Reply to the thread and add your name to the right category.

Category 1: Zambrano carers who do not currently have leave to remain under Appendix FM

Gee
Miss Suz



Category 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

Greatgreat
Lagosbos
Netqueen

Please note: This legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).


Who can please take responsibility for keeping this list up to date? I am trying to work on the draft order. Thanks!

I can be updating the list.

[lolwe]

I can be updating the list.

Great news! Is there anyone else who you can work with, in case you are busy?

I think @Gee should also be copied on your updates, as the GLO will be under @Gee's name.

From this point forward, I am not going to update the list. Over to you, Lulubaby.

[Chris90]

Also @all

@lolwe has a good approach, if you are eligible to have the GLO fee waived, you should be the one that starts it for each group of carers. When GLO is made others should be made aware so they can add their case and arguments to the relevant group challenge...

This will through the respondent off and force them to stick to the actual requirements or the tribunal judges can do the lawful thing for them either way it's a win.

[Lagosbos]

I can be updating the list.

Great news! Is there anyone else who you can work with, in case you are busy?

I think @Gee should also be copied on your updates, as the GLO will be under @Gee's name.

From this point forward, I am not going to update the list. Over to you, Lulubaby.

Happy to help if needed.

[LULUBABY]

I can be updating the list.

Great news! Is there anyone else who you can work with, in case you are busy?

I think @Gee should also be copied on your updates, as the GLO will be under @Gee's name.

From this point forward, I am not going to update the list. Over to you, Lulubaby.

I am not qualified for fee waiver.

[LULUBABY]

I can be updating the list.

Great news! Is there anyone else who you can work with, in case you are busy?

I think @Gee should also be copied on your updates, as the GLO will be under @Gee's name.

From this point forward, I am not going to update the list. Over to you, Lulubaby.

Happy to help if needed.

Of course you are needed.

[lolwe]

Just to be clear, there will be one Group Litigation Order (GLO).

Claims have already been issued in the First Tier Tribunal and Upper Tribunal for each of the three "categories".

The GLO will bring these claims together. We will also ask for new claims like these to be automatically added to the GLO register.

Just a warning: The sponsor (currently Gee) needs to clearly be a Zambrano carer.

The judge will make a declaration about each category.

Zambrano carers will then go to the next phase. Each carer will have to prove they are actually a carer.

The degree of similarity of the issues to be tried under the GLO is fairly flexible - 'related' issues may be sufficient.

Also @all

@lolwe has a good approach, if you are eligible to have the GLO fee waived, you should be the one that starts it for each group of carers. When GLO is made others should be made aware so they can add their case and arguments to the relevant group challenge...

This will through the respondent off and force them to stick to the actual requirements or the tribunal judges can do the lawful thing for them either way it's a win.

[Chris90]

To anyone who will make the GLO, the tribunal line is open and should answer any general questions you may have about going forward with a GLO. Lolwe has already shared some good links and information but if in doubt ring the tribunal line.

If the GLO can be made this will be good for all. The tribunal can make their decision as a group and save time and resources and the residence card should come out shortly afterwards when allowed...

I do not see home office allowing any Zambrano case going too high in the courts system as they by the looks of things may take another big lost when it relates to issuing residence card.

Once again the supreme court already gave the lower courts the guidelines in Shah last year. All court under the supreme court is obligated to maintain the case law and the justice system as a whole.

[LULUBABY]

Please, just incase, is there any other Zambrano carer who is entitled to fee waiver who would like to join?.

[lolwe]

Urgent! Review and Comment!

N244 for GLO Application
Draft Order
Pending: A Statement of Case

DRAFT ORDER

1. The following SSHD policy regarding EUSS applications by Zambrano carers is unlawful. Zambrano carers who do not have leave to remain under another part of the Immigration Rules can not be refused because they

• never applied for leave or

• had leave, but declined to extend their previous leave to remain.

Applications that have been refused for this reason must be reversed.

2. SSHD’s use of its discretion to grant leave outside the rules for Appendix is irrational and discriminatory. Applications that have been refused for this reason must be reversed.

3. SSHD must share publicly

• the number of successful EUSS applications by Zambrano carers who currently held Leave to Remain under another part of the Immigration Rules.

• the process by which it refuses applications for settled or pre-settled status under Appendix EU by Zambrano carers with leave to remain under another part of the Immigration Rules and accepts others.

4. Costs.

[LULUBABY]

Timeline
Applied as a parent of a British child under the 10 yr route in Feb 2015. Application was successful and BRP received in April. I have renewed twice and qualify under the 5 yrs continuous stay. In August 2019, I applied as a Zambrano carer under the EUSS based on the advise of HO when I called to see if I qualify. Biometrics was done and COA received in September 2019. I’m in a bit of a limbo as current leave expired 11 April 2020 whilst application is with HO and I’m yet to get a decision.
My worry is what happens if my application gets denied as my current leave expired almost 3 weeks ago ?

Hello Onomskky, thinking of you and wondering how you have been. How are things with you?.

[lolwe]

ZAMBRANO CARERS V SSHD ---Join the Group Litigation Order (GLO) against the Home Office!

This joint legal claim is for Zambrano carers who have been refused settled or pre-settled status after making an settlement application for EUSS (under Appendix EU).

....

Tell @LULUBABY the issue number that relates to you. She will add you to the list.

Issue 1: Zambrano carers who do not currently have leave to remain under Appendix FM

• Miss Suz

• Gee

Issue 2: Zambrano carers who were refused because they had leave to remain under Appendix FM

• Greatgreat

• Lagosbos

Issue 3: Zambrano carers who were refused because they did not renew their leave to remain under Appendix FM

• Lulubaby

[LULUBABY]

Timeline
Applied as a parent of a British child under the 10 yr route in Feb 2015. Application was successful and BRP received in April. I have renewed twice and qualify under the 5 yrs continuous stay. In August 2019, I applied as a Zambrano carer under the EUSS based on the advise of HO when I called to see if I qualify. Biometrics was done and COA received in September 2019. I’m in a bit of a limbo as current leave expired 11 April 2020 whilst application is with HO and I’m yet to get a decision.
My worry is what happens if my application gets denied as my current leave expired almost 3 weeks ago ?

Hello Onomskky, thinking of you and wondering how you have been. How are things with you?.

[lolwe]

@Gee

Can you please create an Immigration Resume? I need it for the statement of case

For example,

1.1.1989 I was born in Kampala, Uganda
2.2.2015 I gave birth to my son, a British citizen

[lolwe]

@Everyone,

We need a copy of each refusal letter to submit as evidence. The three issues are currently:

1.) Zambrano carers refused for not applying for Appendix FM
2.) Zambrano carers refused for having Appendix FM
3.) Zambrano carers refused for not extending Appendix FM

Steps

1.) Scan the letter
2.) Open image software
3.) Put black boxes over your personal information
4.) Take screenshots of the refusal letter
5.) Upload the screenshots to this forum.

Thanks

[lolwe]

I updated the Draft Order.

The GLO must include:

• a specification of the GLO issues which will be managed together as a group under the order;

• directions on establishing a group register of the parties to be bound by the findings made under the GLO;

• nomination of a management court.

The GLO may also include an order that all existing claims, which give rise to GLO common issues, should be transferred to the management court be managed under the GLO (and therefore be entered on the GLO register).

Before a claim can be entered on the group register it must be issued(commenced) as an individual claim.

The effect of entry on the group register is that judgment given in respect of any of the group issues will be binding (res iudicata) for that issue for all claims on the register at the time the judgment is given. It is however possible for a claim which raises both group issues (e.g. as to liability) and individual issues (e.g. as to quantification) to be entered on the group register for the group issues only and for the individual issues to be tried separately (usually after the finding on the group issues).

The court may provide for one or more of the claims entered on the group register to be used as test claims which are treated as typical of the claims relating to each GLO issue.

The GLO issues will all be tried in the management court designated in the order (although individual issues may be tried elsewhere) and the court may designate the solicitor to one of the claimants to manage the group in relation to the common issues.

[Ngoo]

To those waiting for both drf1 and settlement scheme appeal, if and when it is allowed.

Do not let home office get away with giving you only one card, they should give you a card under DRF1 which cost 65 and one under settlement scheme which was free... If they try to not do this, challenge them.

Both cards are the same but one is directly from EU laws where the other is subject to UK constant change of immigration laws. REQUEST PROOF OF BOTH.

Chris90 my point exactly.

@ngoo it will be if you could confirm you have received your residence card following the outcome of your DRF1 appeal.

Hello my people! Complements of the Season.