Zambrano Settled Status EU settlement scheme Paper Application Form - NEW

[marcidevpal]

The bundle outlines their arguments and their evidence.

Read through the bundle. If you do not agree with a point they raised, write down your reasons why you disagree and submit it to the court.

[Tina87]

where is the letter i can’t see any letters here?

**MADE A TYPO ERROR BEFIR SORRY***


Hello everyone,concerning the bundle FTt told home office to sent to them but instead, HO has gone and sent the document to my former lawyer whereas I didn't use the lawyer when I was appealing. My lawyer just called with regards to it and he has posted it to my address,my question is what should I do with the bundle the HO sent?

[marcidevpal]

YOUR BUNDLE
you send a copy to the Home Office
you send a copy to the Court

THEIR BUNDLE
they send a copy to the Court
the send a copy to you

[marcidevpal]

UPPER TRIBUNAL JUDGE CANAVAN

In an appeal brought on human rights grounds, it was open to the judge to conduct a broad assessment under Article 8.

https://tribunalsdecisions.service.gov. ... 04646-2021

[Tina87]

YOUR BUNDLE
you send a copy to the Home Office
you send a copy to the Court

THEIR BUNDLE
they send a copy to the Court
the send a copy to you

Ok thanks for enlightenment.

[Tina87]

YOUR BUNDLE
you send a copy to the Home Office
you send a copy to the Court

THEIR BUNDLE
they send a copy to the Court
the send a copy to you

I only send my bundle to Court only, does it means I should quickly send to HO?if yes,please which address should I use to s3nd to them?

[Whyworry]

YOUR BUNDLE
you send a copy to the Home Office
you send a copy to the Court

THEIR BUNDLE
they send a copy to the Court
the send a copy to you

I only send my bundle to Court only, does it means I should quickly send to HO?if yes,please which address should I use to s3nd to them?

Yes , It is Appeal Processing Unit, sorry i forgot the address

[marcidevpal]

The Home Office is supposed to provide you and the Court with contact information for your case.

If you read your bundle, the contact information may be there.

You can also email the Court. Explain to the Court that you do not have contact information for the persons handling your claim.

The Court will respond to your email with the contact information for the right person at the Home Office.

[Tina87]

YOUR BUNDLE
you send a copy to the Home Office
you send a copy to the Court

THEIR BUNDLE
they send a copy to the Court
the send a copy to you

I only send my bundle to Court only, does it means I should quickly send to HO?if yes,please which address should I use to s3nd to them?

Yes , It is Appeal Processing Unit, sorry i forgot the address

Thanks

[Tina87]

The Home Office is supposed to provide you and the Court with contact information for your case.

If you read your bundle, the contact information may be there.

You can also email the Court. Explain to the Court that you do not have contact information for the persons handling your claim.

The Court will respond to your email with the contact information for the right person at the Home Office.

Thanks so much. I just notice you have given some point here which I didn't include in my bundle . How can I do to add to my bundle in ftt?

[marcidevpal]

Where are you going to add the point? To your witness statement? To your skeleton argument?

Update the document and then update the bundle.

Send the new bundle to the FtT and to the Home Office.

[marcidevpal]

BUNDLES

https://www.judiciary.uk/guidance-and-r ... t-bundles/

If a bundle is to be added to after it has been transmitted to the judge, then new pages should be added at the end of the bundle (and paginated accordingly).

An enquiry should be made of the court as to the best way of providing the additional material.

Subject to any different direction, the judge should be provided with both
(a) the new section and, separately,
(b) the revised bundle.

This is because the judge may have already marked up the original bundle.

Checklist

• save the bundle in pdf format

• number the pages. they must be numbered by computer-generated numbering - not by hand

• create an index

• hyperlink your index

• No page should appear upside down.

• all pages should be viewed at 100%.

• the resolution of the bundle should not be greater than 300 dpi

[Tina87]

Thanks a lot. Am confused. I don't even know where to start .

A. Create a witness statement

B. Answer questions the judge may ask in your witness statement, for example

1. Outline your immigration history
2. Explain briefly what is a Zambrano carer
3. Provide the eu definition of a Zambrano carer
4. Provide the uk definition of a Zambrano carer
5. Explain why you are a Zambrano carer
6. Explain why you didn't apply for a card
7. Explain why you applied for ltr under appendix fm

C. If your answers refer to publications or documents, include those documents in your bundle.

The goal is for the judge to agree you are a Zambrano carer after reading your statement.

Then, you will have to address why you should get permanent residence despite having leave to remain. It is the same problem Ms Akinsaya has.

So, you have two parts to your claim. You can perhaps ask the court to decide the first part and wait on the second part. If you are successful with the first part, and the judge agrees you are a Zambrano carer, you can wait for people who are represented to prove your second part. Then, forward a copy of their decisions to your judge once it is published.

Please is witness statement same as cover letter?

[Tina87]

YOUR BUNDLE
you send a copy to the Home Office
you send a copy to the Court

THEIR BUNDLE
they send a copy to the Court
the send a copy to you

I only send my bundle to Court only, does it means I should quickly send to HO?if yes,please which address should I use to s3nd to them?

Yes , It is Appeal Processing Unit, sorry i forgot the address

Whyworry, marcidev, Nyamebeye, please am a little bit confused here, I have just received the HO's bundle and saw just my application of zambrano carer I made with them and a refusal letter only.
So my question is which of the my bundle should I sent to them? Is it the appeal form, my skeletal argument bundle, or which am I required to send to the HO? Thanks

[marcidevpal]

Please is witness statement same as cover letter?

A witness statement is NOT the same as a cover letter. A witness statement is your story. It is about you and how you came to be refused.

Witness statement header
The statement must be headed ‘Witness statement’.

Under this (usually on the right-hand side) you should insert details of:

the application number
the name of the applicant/proprietor (Your name)
the name of the opponent (Secretary of State for the Home Office)

Part 1: who is making the statement
your name
your address

Part 2: body of the statement
include the facts you wish the judge to know

Part 3: statement of truth
The statement must include the words ‘I believe that the facts stated in this witness statement are true’. Then sign and date the statement.

If the statement of truth and signature are on a different page from the rest of the statement, the whole statement (including the statement of truth) should have paragraph numbers.

[marcidevpal]

Whyworry, marcidev, Nyamebeye, please am a little bit confused here, I have just received the HO's bundle and saw just my application of zambrano carer I made with them and a refusal letter only.
So my question is which of the my bundle should I sent to them? Is it the appeal form, my skeletal argument bundle, or which am I required to send to the HO? Thanks

THEIR BUNDLE includes

• your completed application

• refusal letter

YOUR BUNDLE could include

• witness statement

• skeletal argument

• cases for the judge to read

• evidence that you are a Zambrano carer, if they do not believe you are a Zambrano carer

• anything else

ABOUT YOUR BUNDLE

• Your bundle should be combined into one file.

• Each page should have a number.

• The first page of your bundle should have an index page

ABOUT THEIR BUNDLE

• It seems they don't have any arguments apart from the arguments in their refusal letter.

• They may send a skeleton argument later.

[marcidevpal]

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

Witness statements must:

Start with the name of the case and the claim number;

State the full name and address of the witness;

Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

End with this paragraph: 'I believe that the facts stated in this witness statement are true.' and
be signed by the witness and dated.

[Nyamebeye]

The HO bundle is typically a copy of your application and refusal noticeand sometimes Copies of your passport. They don't usually have anything else as their bundle.

You are the appellant so you need to provide as much evidence as possible to argue your case.so your skeleton argument, witness statement, and bundle of evidence should not be scanty like theirs. You are appealing their refusal so you need evidence to rebut whatever their reasons were.

[Tina87]

The HO bundle is typically a copy of your application and refusal noticeand sometimes Copies of your passport. They don't usually have anything else as their bundle.

You are the appellant so you need to provide as much evidence as possible to argue your case.so your skeleton argument, witness statement, and bundle of evidence should not be scanty like theirs. You are appealing their refusal so you need evidence to rebut whatever their reasons were.

Thanks so much Nyamebeye, omg I'm already panicking. With regards to the previous posy that was shared concerning appeal, there wasn't ant witness statement. What was share was, cover letter, skeleton argument ,there was no witness statement that was included. Please could someone help me with a draft diff btn skeletal argument and witness statement please. I am dam confused.

[marcidevpal]

IN THE FIRST TIER TRIBUNAL

Appeal No. 123456789

BETWEEN:

MRS ALIYA JOHNSON
Claimant/Respondent

and


SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant/Applicant

___________________________________________

Skeleton Argument on behalf of the Claimant
___________________________________________

1. This is the Claimant’s skeleton argument.

KEY READING

2. The Court is likely to require 60 minutes of reading. The key documents are listed below:

a. Application dated 25 January 2020
b. Refusal letter dated 14 July 2022
c. Witness Statement of Mrs Aliya Johnson dated 13 November 2022 (“WS/AJ”)

PRELIMINARIES

3. The Defendant has a pending judicial review before the Upper Tribunal.

[marcidevpal]

Appeal Number: 123456789

IN THE FIRST TIER TRIBUNAL AT

BETWEEN:

MRS ALIYAH JOHNSON
Claimant

-and-

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant


________________________________________________
Witness Statement of Mrs Aliyah Johnson
On behalf of the Claimant
_______________________________________________

1. I, Aliyah Johnson, of Flat 2B of Buckingham Palace, London SW1 3WE make this statement and will say :




Statement of truth

"I believe that the facts stated in this in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”



Aliyah Johnson (remember to sign and date the witness statement)
Claimant
13 November 2022

[marcidevpal]

SAMPLE PARAGRAPHS FOR THE SKELETON ARGUMENT


THE REFUSAL

1. In the refusal letter, on page 2, paragraph 5, the respondent states,

"We are refusing your application because xyz"

The respondent is wrong to reach this decision because ....


2. On page 3, paragraph 2, the respondent explains,

"We are also refusing your application because abc"

The respondent fails to consider ......


EUROPEAN CONVENTION ON HUMAN RIGHTS

3. Under Article 8 of the European Convention on the Protection of Human Rights,

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Next, make your point about how this article relates to you

UNITED NATIONS

4. Under the International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966)

insert reference from the convenant

add your point

UK CASE LAW

5. In Supreme Court Decision, MM and others v SSHD

insert reference

discussion

EU DIRECTIVES

5. Although the UK is no longer part of the EU, the logic of Council Directive 2004/83/EC (the Qualification Directive) is relevant

insert reference

discuss why relevant

6. Directive 2003/109/EC (the Long-term Residents Directive, or LTRD) is also instructive

insert reference

explain why

EU CASE LAW

5. In E.K. versus the Netherlands,

insert reference

discuss the importance of this case

Also see

TFEU Articles 18, 20, 21 and 24
Article 9.1 of the Convention on the Rights of the Child (5)
Article 17 of the International Covenant on Civil and Political Rights (4)

[Tina87]

Appeal Number: 123456789

IN THE FIRST TIER TRIBUNAL AT

BETWEEN:

MRS ALIYAH JOHNSON
Claimant

-and-

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant


________________________________________________
Witness Statement of Mrs Aliyah Johnson
On behalf of the Claimant
_______________________________________________

1. I, Aliyah Johnson, of Flat 2B of Buckingham Palace, London SW1 3WE make this statement and will say :




Statement of truth

"I believe that the facts stated in this in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”



Aliyah Johnson (remember to sign and date the witness statement)
Claimant
13 November 2022

Wow thanks so much, God bless you abundantly

[marcidevpal]

IN THE FIRST TIER TRIBUNAL

Appeal No. 123456789

BETWEEN:

MRS ALIYA JOHNSON
Claimant/Respondent

and


SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant/Applicant

___________________________________________

Skeleton Argument on behalf of the Claimant
___________________________________________

1. This is the Claimant’s skeleton argument.

KEY READING

2. The Court is likely to require 60 minutes of reading. The key documents are listed below:

a. Application dated 25 January 2020
b. Refusal letter dated 14 July 2022
c. Witness Statement of Mrs Aliya Johnson dated 13 November 2022 (“WS/AJ”)
d. Notice of Decision dated 10 July 2022

PRELIMINARIES

3. The Defendant has a pending judicial review before the Upper Tribunal in Akinsaya v SSHD.

FACTUAL BACKGROUND

4. In the refusal letter, on page 2, paragraph 5, the respondent states,
"We are refusing your application because xyz"
The respondent is wrong to reach this decision because ....


5. On page 3, paragraph 2, the respondent explains,
"We are also refusing your application because abc"
The respondent fails to consider ......


EUROPEAN CONVENTION ON HUMAN RIGHTS

6. Under Article 8 of the European Convention on the Protection of Human Rights,

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Next, make your point about how this article relates to you

UNITED NATIONS

7. Under the International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966)
insert reference from the convenant
add your point

UK CASE LAW

8. In Supreme Court Decision, MM and others v SSHD
insert reference
discussion

9. In Upper Tribunal Decision, SSHD v Zarmir, UPPER TRIBUNAL JUDGE SMITH explains

I have carefully considered the Court of Appeal's judgment in Akinsanya. In that case, the appellant was a person who had already been granted limited leave to remain in the UK. The Respondent's argument was that, as a person with a domestic law right to remain in the UK, a right to reside could not arise as there would be no need for that person to leave and therefore no compulsion on the EEA national to leave with that person. The appellant's argument was that the right existed independently of whether a person had a domestic law right to remain.

The Court resolved that issue in the Respondent's favour (see [54] and [55] of the judgment). However, crucially, the Court went on when dealing with the second ground in that appeal, to find that regulation 16 of the EEA Regulations could still be met if a person had only limited leave to remain. As Mr Thompson pointed out, the appellant in Akinsanya won her appeal notwithstanding that she already had limited leave to remain.
I also agree with Mr Thompson, however, that Akinsanya is not directly on point in this appeal since at the time of the Decision, the Appellant did not have any leave to remain. It is only as a result of the allowing of the appeal also on Article 8 grounds (and subsequent grant of leave whether consequent on the outcome of the appeal or further application) that the Appellant has been granted leave to remain. That cannot therefore disclose any error of law on the part of this Judge. It is for that reason that I rejected the Respondent's request for an adjournment.

As Mr Thompson pointed out, the Judge applied the correct test to whether the Appellant met the EEA Regulations (see [13] and [14] of the Decision). Contrary to what is said in the grant of permission, the Judge was right to focus on regulation 16 of the EEA Regulations. The Judge clearly understood that the Respondent's decision under appeal was in response to an application under the EU settlement scheme (see [2] of the Decision). However, crucially the question to be answered in that regard, as the Respondent's decision under appeal made clear, was whether the Appellant had a right to reside under regulation 16 of the EEA Regulations. The Judge was therefore right to decide that issue as she did at [13] and [14] of the Decision.

For those reasons, I conclude that the Judge did not err in law. She determined the issues under both EU law and domestic law, applying the correct tests. Although the Appellant, following the Decision (if it were not appealed and now due to the grant of leave) was entitled to limited leave to remain, she did not have leave to remain at that time. Crucially, even if she did, that leave would not have been sufficient to preclude her relying on her Zambrano rights as such leave would have been limited. Based on the Court of Appeal's judgment in Akinsanya, she could therefore still enjoy a Zambrano right to reside, independently of her grant of limited leave. The Judge did not therefore err in her conclusion that the Appellant had a right to reside under regulation 16 of the EEA Regulations and by allowing the appeal also on this basis.

discuss

EU DIRECTIVES

9. Although the UK is no longer part of the EU, the logic of Council Directive 2004/83/EC (the Qualification Directive) is relevant
insert reference
discuss why relevant

10. Directive 2003/109/EC (the Long-term Residents Directive, or LTRD) is also instructive
insert reference
explain why

EU CASE LAW

11. In E.K. versus the Netherlands,
insert reference
discuss the importance of this case

CONCLUSION
12. The Court is invited to (I can't remember the correct words here) and award the Claimant's costs.

Aliyah Johnson
13 November 2022

[marcidevpal]

Appeal Number: 123456789

IN THE FIRST TIER TRIBUNAL AT

BETWEEN:

MRS ALIYAH JOHNSON
Claimant

-and-

SECRETARY OF STATE FOR THE HOME DEPARTMENT
Defendant


________________________________________________
Witness Statement of Mrs Aliyah Johnson
On behalf of the Claimant
_______________________________________________

1. I, Aliyah Johnson, of Flat 2B of Buckingham Palace, London SW1 3WE make this statement and will say :

2. I entered the UK on 1 January 2010 on a 6 month visitor's visa. At no point did I overstay my visa.

3. On 2nd January 2012, I gave birth to my British citizen child as a single mother. The relationship between the child's father and me had already ended. On this date, I became a "Zambrano carer".

4. On 2nd February 2014, I decided to apply for a derivative residence card. On 6th June 2016, I was granted the card.

5. On 1st June 2019, I applied for settlement under the EU Settlement Scheme.

6. In February 2020, the application was refused. The letter said I should apply for leave to remain under Appendix FP.

7. In March 2020, I applied for leave under Appendix FM due to the Home Office letter.

8. In November 2020, I was granted leave under Appendix FM. I retained my status as a Zambrano carer.

9. In June 2021, I applied for settlement again under the EU Settlement Scheme.

10. In July 2021, I was refused again because I had leave to remain under Appendix FM on 31 December 2020.

11. I only applied for leave to remain on the strong encouragement from the Home Office. Had I known at the time, that by applying for leave, I would later be rejected under the EU Settlement Scheme, I would not have applied under Appendix FM.

12. I also believe the denial of my application interferes with my human rights. Not having permanent residence has affected me in the following ways:

a.) I am unable to pay home fee rates for studying
b.) My position is precarious as I am not sure if I will be granted permanent residence
c.) I am unable to claim benefits
d.) I am unable to travel freely outside of the UK

13. I also believe I qualify for exceptional reasons, namely:

a.) my child has special needs
b.) I have lived in the UK for over five years
c.) On balance, I am a benefit to UK society
d.) Further delay would be disproportionate

Statement of truth

"I believe that the facts stated in this in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

MAKE SURE EVERY THING YOU SAY IS THE ABSOLUTE TRUTH!!!

Aliyah Johnson (remember to sign and date the witness statement)
Claimant
13 November 2022