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!

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).

....

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

[lolwe]

I don't understand why my posts keep getting deleted.

I am willing to delete and/or close this account.

I don't have to be on this forum.

Just let me know.

If you delete this post, I will take that as a sign that I should close the account.

[lolwe]

Just a random thought I would like to share,
If what our refusal letter says has any legal backing to it, whether you have appendix FM or not, why process applications from us if we must apply for or stick to appendix FM. These types of refusal would removed any effectiveness from the actual laws, caselaws and regulations that enabled us to even request an application form in the first place. This sounds like and error to me, what do you all think?..

Hey Chris, it looks like the moderators are deleting my posts. Please continue helping everyone with the GLO since I can't ok?

[lolwe]

Mata, what Lolwe is trying to say is true! Theresa May once argue that those children can stay with other relatives or in care here and have Skype video with the other deported parent.
So yes the Home Office will note think twice if they have to do that

Hey Miss-Suz, it looks like the moderators are deleting my posts. I am going to close my account soon. It has been so wonderful getting to know you. Please stay strong. Continue helping everyone with the GLO since I can't ok?

[LULUBABY]

Just a random thought I would like to share,
If what our refusal letter says has any legal backing to it, whether you have appendix FM or not, why process applications from us if we must apply for or stick to appendix FM. These types of refusal would removed any effectiveness from the actual laws, caselaws and regulations that enabled us to even request an application form in the first place. This sounds like and error to me, what do you all think?..

Hey Chris, it looks like the moderators are deleting my posts. Please continue helping everyone with the GLO since I can't ok?

Your posts are still there.

[lolwe]

Everyone,

Here is the text version of the Witness Statement for the Group Litigation Order.

I hope you find it of some use, however small.

Thank you all for your time!

WITNESS STATEMENT

1.) A summary of the nature of the litigation.

Following the Supreme Court Judgement in Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019), Home Office Policy Guidance, Derivative rights of residence, published on 2nd May 2019 should no longer continue in existence in the public domain in its current form.

According to the Home Office EUSS guidance, Zambrano applications will be refused if the applicant has never made an application under Appendix FM of the Immigration Rules or any other Article 8 ECHR (European Court of Human Rights) claim, where that avenue is available. The rules for the settlement scheme also say that Zambrano carers are only eligible to apply for settled status if “they do not have leave to enter or remain in the UK granted under another part of the rules.”

The offending parts of the Guidance have no basis in law, be it EU law or caselaw. Those who drafted it would have known this, in particular as it was foisted upon the public following KA v Belgium (Case C-82/16) [2018] 3 CMLR 28, which was decided after the Court of Appeal in Patel v Secretary of State for the Home Department [2017] EWCA Civ 2028 gave its judgement.

An application of automatic refusal decisions without any assessment or examination of derivative residence card applications/individual circumstances is being applied in a manner akin to that deprecated/rejected in KA v Belgium (Case C-82/16) [2018] 3 CMLR 28 in the CJEU.

2.) The number and nature of claims already issued.

Since the Scheme opened in August 2018, SSHD issued over two thousand blanket refusals to Zambrano carers. Anecdotal evidence suggests few refusals were overturned during Administrative Review.

By 30 June 2020, SSHD concluded 1260 applications by Zambrano carers, rejecting 770 Zambrano applications or 61%. Among all groups, 16,630 applications were refused by 30 September 2020. By November, the overall rejection figure rose to 29,000. Refusal rates are trending upwards in a steep fashion.

Zambrano carers are left with one of three choices: a) leave the UK when their protection ends; b) apply or remain under Appendix FM; or, c.) challenge the refusal in Court. Some carers will choose Appendix FM. Many Zambrano carers can not afford the fees ranging in the thousands for Appendix FM, nor do they qualify for a fee waiver. Moreover, a significant number of Zambrano carers have experience challenging refusals to their derivative residence card applications in the First Tier Tribunal. Consequently, hundreds (if not thousands) are almost certain to file claims in the First Tier Tribunal challenging their refusal before the Scheme closes. The alternative is too harsh.

The claims are for an appealable decision dated after 6 April 2015. The nature of the claims regards a decision to refuse their stay under the EU Settlement Scheme. Home Office refusal letters, or templates, can be summarised as a refusal due to the applicant a.) not having applied for leave to remain under Appendix FM; b.) currently holding leave to remain under Appendix FM; and c.) declining to extend or renew their leave to remain under Appendix FM.

3.) The number of parties likely to be involved.

Two parties, the SSHD and the Zambrano carers. At present, five Zambrano carers with current legal claims agree for their cases to be transferred to the GLO.

4.) The common issues of law (the ‘GLO issues’) that are likely to arise in the litigation.

Is the SSHD’s use of its discretion to grant leave outside the rules for Appendix irrational and discriminatory?

Should the SSHD be required to share publicly the number of successful EUSS applications by Zambrano carers who currently held Leave to Remain under another part of the Immigration Rules?

Should the SSHD be required to be transparent about the process by which it refuses or accepts EUSS applications by Zambrano carers with leave to remain under another part of the Immigration Rules?


5.) Whether there are any matters that distinguish smaller groups of claims within the wider group.

Legal claims will have progressed at different stages. Long delays in receiving a decision, combined with higher refusal percentages of Zambrano carers mean they have a short period to re-apply or appeal their outcome before the deadline of 30 June 2021 passes.

[lolwe]

Just a random thought I would like to share,
If what our refusal letter says has any legal backing to it, whether you have appendix FM or not, why process applications from us if we must apply for or stick to appendix FM. These types of refusal would removed any effectiveness from the actual laws, caselaws and regulations that enabled us to even request an application form in the first place. This sounds like and error to me, what do you all think?..

Hey Chris, it looks like the moderators are deleting my posts. Please continue helping everyone with the GLO since I can't ok?

Your posts are still there.

At least two have disappeared recently. I will give it a few minutes.

On your upload issue, you may try creating a screenshot of your refusal letter. Screenshots generally save as pictures. Once you save the screenshot to your computer, you can just upload it in the blue Attachments area.

[Chris90]

Just a random thought I would like to share,
If what our refusal letter says has any legal backing to it, whether you have appendix FM or not, why process applications from us if we must apply for or stick to appendix FM. These types of refusal would removed any effectiveness from the actual laws, caselaws and regulations that enabled us to even request an application form in the first place. This sounds like and error to me, what do you all think?..

Hey Chris, it looks like the moderators are deleting my posts. Please continue helping everyone with the GLO since I can't ok?

Your posts are still there.

At least two have disappeared recently. I will give it a few minutes.

On your upload issue, you may try creating a screenshot of your refusal letter. Screenshots generally save as pictures. Once you save the screenshot to your computer, you can just upload it in the blue Attachments area.

While I not good with posting here I will continue to share my observations, this has always been place to share and discuss priceless information. I would hope you are able to continue share what you know @lolwe even if it's just when you can.... I try my best to keep my discussions general...

[LULUBABY]

Thank you so much for taking the time to upload a redacted version of your refusal letter, Miss Suz!

It is much appreciated. That just leaves LULUBABY's refusal letter

“None of us is as smart as all of us.”

I am still finding it difficult uploading my letter. I have edited it but it still not uploading.

@LULUBABY, try saving the document as a JPEG file. it is this if the attachment is a word document, save that same document as a PDF so word will change it to a PDF file and in the PDF go on to save the same document as image/JPEG file that way you will be able to upload the document as attachment. Was having the same problem yesterday and eventually figured it out.
Happy new year.

Honestly it is not rocket science but as usual I have ended up again with being asked “do you need my help mummy?” despite the fact that I put him on ‘furlough’.

Thanks Netqueen, I will start afresh.

[Miss-Suz]

Mata, what Lolwe is trying to say is true! Theresa May once argue that those children can stay with other relatives or in care here and have Skype video with the other deported parent.
So yes the Home Office will note think twice if they have to do that

Hey Miss-Suz, it looks like the moderators are deleting my posts. I am going to close my account soon. It has been so wonderful getting to know you. Please stay strong. Continue helping everyone with the GLO since I can't ok?

Hi Lolwe,
Just came to this
Oh nooooo don’t please I beg. We need you here
Please Lolwe
I can see your post

[Miss-Suz]

Mata, what Lolwe is trying to say is true! Theresa May once argue that those children can stay with other relatives or in care here and have Skype video with the other deported parent.
So yes the Home Office will note think twice if they have to do that

Hey Miss-Suz, it looks like the moderators are deleting my posts. I am going to close my account soon. It has been so wonderful getting to know you. Please stay strong. Continue helping everyone with the GLO since I can't ok?

Hi Lolwe,
Just came to this
Oh nooooo don’t please I beg. We need you here
Please Lolwe
I can see your post

Just realised that it’s not only you. Two of my posts also disappeared yesterday. When I forgot to hide my daughter’s name on the refusal letter, in some of my post I was asking you to help hide it. In the other post I asked the moderator to delete it for me. But those posts are not here anymore.
Don’t take it personally Lolwe
Please come back.

You are the one who helped with my EUSS appeal. You also helped me gain confidence. My appeal grounds has been drafted by you. You did so much things for all of us and you continue to do.

[CR001]

Posts that are not relevant to this thread are being removed, ie the making jokes ones!!

Don't be the cause of this thread to be locked again, hence why it is being heavily moderated!!!

[lolwe]

Mata, what Lolwe is trying to say is true! Theresa May once argue that those children can stay with other relatives or in care here and have Skype video with the other deported parent.
So yes the Home Office will note think twice if they have to do that

Hey Miss-Suz, it looks like the moderators are deleting my posts. I am going to close my account soon. It has been so wonderful getting to know you. Please stay strong. Continue helping everyone with the GLO since I can't ok?

Hi Lolwe,
Just came to this
Oh nooooo don’t please I beg. We need you here
Please Lolwe
I can see your post

Hi Miss-Suz! I don't understand their approach. Have you heard of reddit? Moderator edit, third party webreference removed

A subreddit to provide advice to people applying for Visas to come and stay or live in the UK.
9.3k

[lolwe]

It would be good to see a copy of the posting rules

[CR001]

It would be good to see a copy of the posting rules

announcements/

announcements/terms-conditions-t3.html

announcements/read-me-getting-started-t ... 24804.html

[lolwe]

...

Why am I not allowed to tell Chris that I contacted him?

That seems extreme

[CR001]

...

Why am I not allowed to tell Chris that I contacted him?

That seems extreme

You posted twice, duplicate posts. I removed ONE!!!

Be aware the the PM function can also be withdrawn for users who abuse or send unsolicited PMs, permanently.

[lolwe]

...

Why am I not allowed to tell Chris that I contacted him?

That seems extreme

You posted twice, duplicate posts. I removed ONE!!!

Be aware the the PM function can also be withdrawn for users who abuse or send unsolicited PMs, permanently.

Is the PM function the personal message function? Chris contacted me!

[CR001]

...

Why am I not allowed to tell Chris that I contacted him?

That seems extreme

You posted twice, duplicate posts. I removed ONE!!!

Be aware the the PM function can also be withdrawn for users who abuse or send unsolicited PMs, permanently.

Is the PM function the personal message function? Chris contacted me!

Yes, PM = private message!

[lolwe]

Yesterday evening, Mata, a new poster, joined and immediately called me a liar. It was bizarre. It was also in breach of the rules (below).

It would be good to see a copy of the posting rules

announcements/

announcements/terms-conditions-t3.html

announcements/read-me-getting-started-t ... 24804.html

Basic Rules for Members (and all other users):

No negative comments about someone's nationality, race or religion.
No advertising of commercial web-sites or social media links.
There can be no 'discussion' or 'advice' regarding how to engage in illegal activities (such as but not limited to: how to illegally acquire copyrighted material, work permits, visas, passports or other documents), and no links to websites providing such information.
No use of rude or inappropriate language. One must always treat fellow posters with respect.
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.
No irritating posting styles, including use of all caps, excessive punctuation and unnecessary bunch of mood icons is allowed.
You may discuss your personal experiences with various services, but you may NOT name them.
The language of this board is English, and any posts not in English are liable to be deleted without notice.
No invitations for financial/business partners are permitted (for any reason).
Attempts to solicit financial partners to circumvent immigration law will not be tolerated
Posts will not be deleted from the forum

[lolwe]

Mata, what Lolwe is trying to say is true! Theresa May once argue that those children can stay with other relatives or in care here and have Skype video with the other deported parent.
So yes the Home Office will note think twice if they have to do that

Hey Miss-Suz, it looks like the moderators are deleting my posts. I am going to close my account soon. It has been so wonderful getting to know you. Please stay strong. Continue helping everyone with the GLO since I can't ok?

Hi Lolwe,
Just came to this
Oh nooooo don’t please I beg. We need you here
Please Lolwe
I can see your post

Hi Miss Suz,

Happy New Year!!!!! I connected with Chris90. If you have any questions, Chris90 knows how to call me.

[Mecry2020]

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

Hi,
I really appreciate you guys organising Group Litigation against HO.
Please could you add me to Issue 2- I was refused because I hold LTR. I will send my refusal letter later.

I wish everyone a prosperous and victorious year especially those still battling with settlement.

Thanks.

[CR001]

Yesterday evening, Mata, a new poster, joined and immediately called me a liar. It was bizarre. It was also in breach of the rules (below).

It would be good to see a copy of the posting rules

announcements/

announcements/terms-conditions-t3.html

announcements/read-me-getting-started-t ... 24804.html

Basic Rules for Members (and all other users):

No negative comments about someone's nationality, race or religion.
No advertising of commercial web-sites or social media links.
There can be no 'discussion' or 'advice' regarding how to engage in illegal activities (such as but not limited to: how to illegally acquire copyrighted material, work permits, visas, passports or other documents), and no links to websites providing such information.
No use of rude or inappropriate language. One must always treat fellow posters with respect.
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.
No irritating posting styles, including use of all caps, excessive punctuation and unnecessary bunch of mood icons is allowed.
You may discuss your personal experiences with various services, but you may NOT name them.
The language of this board is English, and any posts not in English are liable to be deleted without notice.
No invitations for financial/business partners are permitted (for any reason).
Attempts to solicit financial partners to circumvent immigration law will not be tolerated
Posts will not be deleted from the forum

They are NOT a new user to the forum. You are ove analysing what the user said, which was not rude or inappropriate or diarepectful. They did not say you were a liar. They are merely disputing what you are saying given the line of work they are in.

[lolwe]

Yesterday evening, Mata, a new poster, joined and immediately called me a liar. It was bizarre. It was also in breach of the rules (below).

It would be good to see a copy of the posting rules

announcements/

announcements/terms-conditions-t3.html

announcements/read-me-getting-started-t ... 24804.html

Basic Rules for Members (and all other users):

No negative comments about someone's nationality, race or religion.
No advertising of commercial web-sites or social media links.
There can be no 'discussion' or 'advice' regarding how to engage in illegal activities (such as but not limited to: how to illegally acquire copyrighted material, work permits, visas, passports or other documents), and no links to websites providing such information.
No use of rude or inappropriate language. One must always treat fellow posters with respect.
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.
No irritating posting styles, including use of all caps, excessive punctuation and unnecessary bunch of mood icons is allowed.
You may discuss your personal experiences with various services, but you may NOT name them.
The language of this board is English, and any posts not in English are liable to be deleted without notice.
No invitations for financial/business partners are permitted (for any reason).
Attempts to solicit financial partners to circumvent immigration law will not be tolerated
Posts will not be deleted from the forum

They are NOT a new user to the forum. You are ove analysing what the user said, which was not rude or inappropriate or diarepectful. They did not say you were a liar. They are merely disputing what you are saying given the line of work they are in.

Thanks for taking the time to respond, CR001. I note the lack of exclamation points this time, too. Here's the thing. I don't speak to people that way unless I am very certain. Mata's behaviour was inappropriate. She used the word "lie". Her tone was disrespectful to me and to Zambrano carers who have lost their children.

You, of course, don't have to agree with me. But I don't have to spend my time on a platform where I will be disrespected, while my innocuous posts are deleted.

[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

Hi,
I really appreciate you guys organising Group Litigation against HO.
Please could you add me to Issue 2- I was refused because I hold LTR. I will send my refusal letter later.

I wish everyone a prosperous and victorious year especially those still battling with settlement.

Thanks.

Happy New Year, Mecry2020!

“Write it on your heart that every day is the best day in the year."



I suppose this post will be deleted also, CR001, as off topic?