ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Extended family refused pre settlement

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

Locked
Hina9
Newly Registered
Posts: 5
Joined: Thu Feb 18, 2021 12:38 pm

Extended family refused pre settlement

Post by Hina9 » Thu Feb 18, 2021 12:47 pm

Hi,

My pre settlement status refused Entered uk With Eea permit 6 month.

I have applied pre settlement after 2 months of expired date received reply from Eu settlement scheme after 8 months refusel later now it has been 3 months I’m illegal in and want to apply again.

Can anyone give me a good advice will I be able to get the pre settlement status .

Please see the refusal.


Thank you for your application under the EU Settlement Scheme. Your application has been carefully considered but unfortunately from the information available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The rest of this letter details the reasons you have been refused, what you can do next and the help available from us.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as indefinite leave to enter or remain) or pre-settled status (also known as limited leave to enter or remain) under the EU Settlement Scheme. Unfortunately, based on the information and evidence available and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme you would need to meet the requirements that are set out in Appendix EU to the Immigration Rules. You can find out more about the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
Careful consideration has been given as to whether you meet the eligibility requirements for pre-settled status under the EU Settlement Scheme. The relevant requirements are set out in rule EU14 of Appendix EU to the Immigration Rules.
You state that you are the dependent relative of a relevant EEA citizen, in this case your cousin XXXXXX. However, you have not provided sufficient evidence to confirm this. The reasons for this are explained below.
The required evidence of family relationship for a dependent relative of a relevant EEA citizen, where the dependent relative does not have a documented right of permanent residence, is a valid family permit or residence card issued under the EEA Regulations (or by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man) as the dependent relative of that EEA citizen and evidence which satisfies the Secretary of State that the relationship continues to subsist.
Home Office records show that you have been issued with a family permit under the EEA Regulations as a relative of an EEA national who was a dependant of the EEA national or
Tel 03001237379
Web http://www.gov.uk/ukvi
of their spouse or civil partner, a member of their household or in strict need of their personal care on serious health grounds, , but you have not demonstrated that it is valid the family permit expired on 30 October 2019 and you applied to the EU Settlement Scheme on 29 January 2020, Therefore, you do not meet the requirements for pre-settled status on this basis.
It is considered that the information available does not show that you meet the eligibility requirements for pre-settled status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above. Therefore, your application has been refused under rule EU6.
In order to meet the definition of a dependent relative as set out in Annex 1 of Appendix EU to the Immigration Rules, you need to demonstrate that you are a relative of your sponsor as claimed and that you hold a valid relevant document.
Until you hold such a document you cannot be granted leave under the EU Settlement Scheme as the dependent relative of a relevant EEA citizen. If you wish to submit an application for a relevant document more information can be found at:
Applying from inside the UK - https://www.gov.uk/apply-for-a-uk-residence-card. Applying from outside the UK - https://www.gov.uk/family-permit.
Next steps
If you have additional information or evidence that shows you meet the requirements you can make another application under the EU Settlement Scheme at any time online at: apply-for-eu-settled-status.homeoffice.gov.uk.
Applications are free of charge and you have until 30 June 2021.

Thank you

User avatar
CR001
Moderator
Posts: 79296
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Extended family refused pre settlement

Post by CR001 » Thu Feb 18, 2021 12:54 pm

Why did you not apply for pre settled status before your EEA family permit expired on 30 October 2019? You applied 3 months after it expired.

For pre settled status application as an extended family member, you need a valid EEA FP.

You have been an overstayer since the day after your EEA family permit expired. There are no automatic rights for an extended family member.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
Zerubbabel
Respected Guru
Posts: 2450
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Extended family refused pre settlement

Post by Zerubbabel » Thu Feb 18, 2021 12:54 pm

Hello

The refusal is justified and this immigration route is now closed.

You should have applied before the expiration of your permit in October 2019. As an extended family member, you must have a valid EEA EFM card or a valid family permit in order to apply for EU Settlement Scheme. Without these, your application is refused automatically.

Since Jan 1, 2021, it's no longer possible for you to apply for an EEA EFM card or a family permit.

Allowing that family permit to expire was fatal mistake for your immigration project I am afraid.

@kamoe

vinny
Moderator
Posts: 30432
Joined: Tue Sep 25, 2007 7:58 pm

Re: Extended family refused pre settlement

Post by vinny » Thu Feb 18, 2021 1:00 pm

See also the overly complex definitions of Appendix EU for more details.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Hina9
Newly Registered
Posts: 5
Joined: Thu Feb 18, 2021 12:38 pm

Re: Extended family refused pre settlement

Post by Hina9 » Thu Feb 18, 2021 1:17 pm

I have applied late because my cousin did not want me to sponsor anymore we had some family issue .

I used all the documents that I have done to get the Eea stamp visa.

That is the reason I applied late .

Can I apply again pre settlement??

It’s says I have time until 30/06/2021

kamoe
Respected Guru
Posts: 2179
Joined: Mon Sep 07, 2015 10:57 am

Re: Extended family refused pre settlement

Post by kamoe » Thu Feb 18, 2021 1:40 pm

Hina9 wrote:
Thu Feb 18, 2021 1:17 pm
I have applied late because my cousin did not want me to sponsor anymore we had some family issue .
You cannot apply without the consent of your sponsor, so that's the route closed for you.
I used all the documents that I have done to get the Eea stamp visa.
Yes, but that only complied with part of the requirements.
The other requirement was that you needed to apply while your Family Permit was valid, which you did not.
Can I apply again pre settlement??
You can, but that's not the issue. The issue is you will get refused again, because to be successful you need a valid EEA document, which you no longer have and can no longer renew.
It’s says I have time until 30/06/2021
You are in the same situation as another poster who believed being able to apply was the same thing as having any chance of getting the status approved.

Can you apply? Yes, applications are open and nothing stopping you from applying.
Will you get your status approved? No, since you need a valid EEA document, which you no longer have and can no longer apply for.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Respected Guru
Posts: 2179
Joined: Mon Sep 07, 2015 10:57 am

Re: Extended family refused pre settlement

Post by kamoe » Thu Feb 18, 2021 2:13 pm

Last but not least, the bottomline is in the last paragraph from the refusal letter, which I will break down line by line:
Hina9 wrote:
Thu Feb 18, 2021 12:47 pm
Until you hold such a document you cannot be granted leave under the EU Settlement Scheme as the dependent relative of a relevant EEA citizen.
This is a fact and hence why any further application without a EEA document will be refused.
If you wish to submit an application for a relevant document more information can be found at:
Applying from inside the UK - https://www.gov.uk/apply-for-a-uk-residence-card.
The above should not longer be included in the letter! Anyone following this link will find the below message:
You can no longer apply for a UK residence card. If you already have a card, it will not be valid after 30 June 2021.
It escapes my understanding why they keep including this line. Clearly a copy-paste from legacy refusal letters.

Then:
Applying from outside the UK - https://www.gov.uk/family-permit.
This is still possible, but the page says:
You can apply for the EEA family permit if you’re the close family member or unmarried partner of a person from the EU, EEA or Switzerland. Your family relationship must have started by 31 December 2020.
The OPs is neither close family member or durable partner, they are dependent relative. Hence, this application is also closed to them.

By simple deduction, since the first paragraph states that leave under the EU Settlement scheme cannot be granted until a EEA document is provided; then by confirming one by one that the two options to get such document are closed for the applicant, it follows that there are no next steps for them.
Next steps
If you have additional information or evidence that shows you meet the requirements you can make another application under the EU Settlement Scheme at any time online at: apply-for-eu-settled-status.homeoffice.gov.uk.
Applications are free of charge and you have until 30 June 2021.
The above paragraph will never apply to the OP, it only offers false hope.
Last edited by kamoe on Thu Feb 18, 2021 2:17 pm, edited 1 time in total.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

THO
Member of Standing
Posts: 388
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: Extended family refused pre settlement

Post by THO » Thu Feb 18, 2021 2:16 pm

What is his next step? Return to his home country?

kamoe
Respected Guru
Posts: 2179
Joined: Mon Sep 07, 2015 10:57 am

Re: Extended family refused pre settlement

Post by kamoe » Thu Feb 18, 2021 2:18 pm

THO wrote:
Thu Feb 18, 2021 2:16 pm
What is his next step? Return to his home country?
Yeap.

I mean he could explore other immigration routes, but being an overstayer, as he is officially now, there is little chance to get a positive result. It will all make things more difficult if he does not go back home as immediate next step.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Hina9
Newly Registered
Posts: 5
Joined: Thu Feb 18, 2021 12:38 pm

Re: Extended family refused pre settlement

Post by Hina9 » Thu Feb 18, 2021 2:56 pm

Thank you so much for the advice

It’s Good for me to apply asylum??

User avatar
CR001
Moderator
Posts: 79296
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Extended family refused pre settlement

Post by CR001 » Thu Feb 18, 2021 3:00 pm

Hina9 wrote:
Thu Feb 18, 2021 2:56 pm
Thank you so much for the advice

It’s Good for me to apply asylum??
Likely to fail. What basis so you have to claim asylum?? Claiming asylum is not a golden ticket and given out to just anyone.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Hina9
Newly Registered
Posts: 5
Joined: Thu Feb 18, 2021 12:38 pm

Re: Extended family refused pre settlement

Post by Hina9 » Thu Feb 18, 2021 3:10 pm

I can understand is not a golden ticket.

I am divorced so I can tell them I have fear from my Ex husband.

User avatar
CR001
Moderator
Posts: 79296
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Extended family refused pre settlement

Post by CR001 » Thu Feb 18, 2021 3:17 pm

Hina9 wrote:
Thu Feb 18, 2021 3:10 pm
I can understand is not a golden ticket.

I am divorced so I can tell them I have fear from my Ex husband.
Without substantial evidence to support your "fear", this is a weak reason. Presumably there are other areas in your home country you can live.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

THO
Member of Standing
Posts: 388
Joined: Sat Feb 17, 2018 12:12 am
Vietnam

Re: Extended family refused pre settlement

Post by THO » Thu Feb 18, 2021 3:19 pm

It is obviously a lie, otherwise you would have applied for that first. So you're going to tarnish you ex husband for your gain.

Hina9
Newly Registered
Posts: 5
Joined: Thu Feb 18, 2021 12:38 pm

Re: Extended family refused pre settlement

Post by Hina9 » Thu Feb 18, 2021 3:23 pm

Thank you Best is to Go back in my country.

Because staying illegal is not a Good

User avatar
Zerubbabel
Respected Guru
Posts: 2450
Joined: Fri Jul 06, 2018 7:13 am
Mood:

Re: Extended family refused pre settlement

Post by Zerubbabel » Thu Feb 18, 2021 4:36 pm

Hina9 wrote:
Thu Feb 18, 2021 3:23 pm
Thank you Best is to Go back in my country.

Because staying illegal is not a Good
That's the only sensible thing to do now. If you stay in the UK illegally, you will be in the UK but without being in the UK as everything will be closed to you (working, registering with a doctor, opening a bank account, driving... etc).

Asylum is not going to work as it comes after a series of failed immigration applications.

The degradation of the relationship with your sponsor caused you to miss all deadlines and now that immigration route is closed.

Locked
cron