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Refusal email for PSS

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

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niklas999
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Posts: 25
Joined: Fri Oct 16, 2020 8:13 am
Argentina

Refusal email for PSS

Post by niklas999 » Fri Jun 10, 2022 6:53 am

My wife received yesterday refusal email for PSS. We are married since 29 June 2021. I have settled status since June 2019.
My wife entered UK with a EUSS FP visa in April 2022. She is non EU. She applied for PSS in May 2022 and got COA on 22 May 2022. Yesterday, she received refusal email for PSS and i don't really know why!

We provide all the documents required, around 100 pages of evidences, though the refusal letter says we did not provide enough evidence to support our application.
She was granted a NI as well, 2 weeks ago.

If she was granted with a EUSS FP visa and NI, then why HO did not granted her PSS?? It does not make sense for us!!

We are thinking that the caseworker did a mistake and we should go for an admin review. Or should we appeal it? What is he difference?

Any advice would help

kamoe
Respected Guru
Posts: 2621
Joined: Mon Sep 07, 2015 10:57 am

Re: Refusal email for PSS

Post by kamoe » Fri Jun 10, 2022 6:59 am

On what basis did she get her first Family Permit, the one she used for entry? Technically speaking, either you must have been married before 31st December 2020 or you must have been durable partners by then.

What does the refusal letter say? You need to supply the exact wording for anyone here to be able to help (don't include any personal details, like names or date of birth)
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.

niklas999
Newly Registered
Posts: 25
Joined: Fri Oct 16, 2020 8:13 am
Argentina

Re: Refusal email for PSS

Post by niklas999 » Fri Jun 10, 2022 7:10 am

Please find here the letter:

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,
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 need to meet the requirements 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 settled status under the EU Settlement Scheme. The relevant requirements are set out
in rule EU11 of Appendix EU to the Immigration Rules.
You state that you are a spouse of a relevant EEA citizen. 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 spouse of a relevant EEA citizen, where
the spouse 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 spouse of that EEA citizen, or a valid
marriage certificate. You have provided a marriage certificate dated 29 of June 2021 as
evidence that you are the spouse of an EEA citizen.
However, you have not provided sufficient evidence to confirm that you were a family
1 of 5
member of a relevant EEA citizen prior to the specified date, as defined in Annex 1 of
Appendix EU (i.e. 2300 GMT on 31 December 2020).
As you married the relevant EEA citizen after 23:00 GMT on 31 December 2020 and you
are not the specified spouse or civil partner of a Swiss citizen, you must have been the
durable partner of the relevant EEA citizen by that date and time.
Consideration has been given as a durable partner of a relevant EEA citizen. 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 durable partner of a relevant EEA
citizen is a valid registration certificate, family permit (or a letter from the Secretary of
State, issued after 30 June 2021, confirming your qualification for one) or residence card
issued under the EEA Regulations (or an equivalent document or other evidence issued
by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man), a valid EU
Settlement Scheme biometric residence card, or an EU Settlement Scheme Family Permit
(“a relevant document”) as the durable partner of that EEA citizen and, where the
applicant does not have a documented right of permanent residence, evidence which
satisfies the Secretary of State that the durable partnership continues to subsist.
Home Office records do not show that you have been issued with a registration certificate,
family permit (or a letter from the Secretary of State, issued after 30 June 2021,
confirming their qualification for one) or residence card under the EEA Regulations as the
durable partner of the relevant EEA citizen and you have not provided an equivalent
document or other evidence issued on this basis by any of the Islands. Our records also
do not show that you have been granted an EU Settlement Scheme biometric residence
card, or an EU Settlement Scheme Family Permit, as the durable partner of the relevant
EEA citizen.
In order to meet the definition of a durable partner 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 durable partner of a relevant EEA citizen.
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.
However, for the reasons already explained above, you have not provided sufficient
evidence to confirm that you are a family member of a relevant EEA citizen.
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 settled status set out in rule EU11 or for pre-settled status set out in rule
2 of 5
EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.
We have also considered whether you meet any of the other eligibility requirements under
Appendix EU. However, from the information and evidence provided, or otherwise
available, you do not meet any of the other eligibility requirements.
Therefore, your application has been refused under rule EU6.
To qualify under the scheme, you 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.

niklas999
Newly Registered
Posts: 25
Joined: Fri Oct 16, 2020 8:13 am
Argentina

Re: Refusal email for PSS

Post by niklas999 » Fri Jun 10, 2022 7:22 am

kamoe wrote:
Fri Jun 10, 2022 6:59 am
On what basis did she get her first Family Permit, the one she used for entry? Technically speaking, either you must have been married before 31st December 2020 or you must have been durable partners by then.

HO issued FP because we were married from June 2021. Plus we explained that we could not have done it earlier as the Covid situation started in March 2020 and our marriage day was canceled many times, until June 2021. We did proved that.

Once she was granted FP visa, we believe that HO accepted our reasonable grounds, right? Like durable relationship, before marriage. If, not why issuing a FP visa???

kamoe
Respected Guru
Posts: 2621
Joined: Mon Sep 07, 2015 10:57 am

Re: Refusal email for PSS

Post by kamoe » Fri Jun 10, 2022 8:49 am

niklas999 wrote:
Fri Jun 10, 2022 7:10 am
You state that you are a spouse of a relevant EEA citizen. 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 spouse of a relevant EEA citizen, where the spouse 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 spouse of that EEA citizen, or a valid marriage certificate. You have provided a marriage certificate dated 29 of June 2021 as evidence that you are the spouse of an EEA citizen. However, you have not provided sufficient evidence to confirm that you were a family 1 of 5 member of a relevant EEA citizen prior to the specified date, as defined in Annex 1 of Appendix EU (i.e. 2300 GMT on 31 December 2020).

As you married the relevant EEA citizen after 23:00 GMT on 31 December 2020 and you are not the specified spouse or civil partner of a Swiss citizen, you must have been the durable partner of the relevant EEA citizen by that date and time.
Well, this is exactly what I said above, to qualify as spouse, you should have been married by 31st December 2020. But you were not.
Consideration has been given as a durable partner of a relevant EEA citizen. However, you have not provided sufficient evidence to confirm this. The reasons for this are explained below.

(...)

Our records also do not show that you have been granted an EU Settlement Scheme biometric residence card, or an EU Settlement Scheme Family Permit, as the durable partner of the relevant EEA citizen.
Which I why I asked my first question. On what basis was your wife granted the EUSS Family Permit? They said they don't have records of her having a EU Settlement Scheme Family Permit issued on the basis of durable partner.
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.

niklas999
Newly Registered
Posts: 25
Joined: Fri Oct 16, 2020 8:13 am
Argentina

Re: Refusal email for PSS

Post by niklas999 » Fri Jun 10, 2022 10:23 am

Then on what basis they granted her FP visa? How would i know this??

kamoe
Respected Guru
Posts: 2621
Joined: Mon Sep 07, 2015 10:57 am

Re: Refusal email for PSS

Post by kamoe » Fri Jun 10, 2022 11:37 am

niklas999 wrote:
Fri Jun 10, 2022 10:23 am
Then on what basis they granted her FP visa? How would i know this??
As your wife, or as your durable partner? In other words, how did you argue that she was eligible for the EUS Settlement Scheme?

She does not qualify as your wife, since you only got married in 2021, so you must have argued, and presented evidence, that before 31st December 2020 she was already your durable partner (cohabitation and joint financial responsibilities for at least 2 years). Did you do that?
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.

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Ticktack
Member
Posts: 247
Joined: Wed Mar 23, 2022 10:35 am

Re: Refusal email for PSS

Post by Ticktack » Fri Jun 10, 2022 11:45 am

niklas999 wrote:
Fri Jun 10, 2022 10:23 am
Then on what basis they granted her FP visa? How would i know this??
She must have applied with a set of documents. What documents did she apply with. The documents always tend as a pointer in what direction one is headed.

kamoe
Respected Guru
Posts: 2621
Joined: Mon Sep 07, 2015 10:57 am

Re: Refusal email for PSS

Post by kamoe » Fri Jun 10, 2022 12:22 pm

Ticktack wrote:
Fri Jun 10, 2022 11:45 am
niklas999 wrote:
Fri Jun 10, 2022 10:23 am
Then on what basis they granted her FP visa? How would i know this??
She must have applied with a set of documents. What documents did she apply with. The documents always tend as a pointer in what direction one is headed.
The OP was very specifically advised to apply for the spousal visa in this post, since they didn't seem to qualify for the EUSS at all.

I am puzzled as to how they managed to get a EUSS Family Permit in the first place. Looking forward to their clarification.
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.

niklas999
Newly Registered
Posts: 25
Joined: Fri Oct 16, 2020 8:13 am
Argentina

Re: Refusal email for PSS

Post by niklas999 » Fri Jun 10, 2022 1:06 pm

She was granted with EUSS FP based on our durable relationship. I submited: chats, pics, travel tikets to her country, witnes statement (affidavit)-authorized and apostiled, hotel reservations, money transfers, notice from town hall about changing our marriage day due to covid19.

We did marry in June 2021, in Argentina, after i got in touch with argentinian embassy in London and they granted me a paper which they confirm our genuine relationship and i could fly in a middle of a pandemy to Argentina, where it was almost imposible to enter without being resident or married with an argentinian. So i truly think that HO saw the whole picture and the my efforts to marry her. We also did prove that we could not get married before dec2020 as covid19 was at its peak!

In the end, she did receive a FP, which means HO are aware of that and allowed her in the UK. If they did a mistake, by granting her FP, sounds ridiculous to me.

kamoe
Respected Guru
Posts: 2621
Joined: Mon Sep 07, 2015 10:57 am

Re: Refusal email for PSS

Post by kamoe » Fri Jun 10, 2022 1:34 pm

niklas999 wrote:
Fri Jun 10, 2022 1:06 pm
She was granted with EUSS FP based on our durable relationship.
Thanks for clarifying. Silly question, but I must ask: Did you submit copy / scan of her EUSS Family Permit when she applied for Pre Settled Status?
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.

niklas999
Newly Registered
Posts: 25
Joined: Fri Oct 16, 2020 8:13 am
Argentina

Re: Refusal email for PSS

Post by niklas999 » Fri Jun 10, 2022 1:46 pm

of course i did.

I am struguling with money now, and i need a statement to submit an admin review. How can i get somebody to do this statement for free? Citizen advice wont help, been there and they cant help.
All the private solicitors asks money !!

I truly think they did a mistake. Once she got FP, they should not refuse her for PSS. Thats why i want to do an admin review. How long this could take? And what do you think, in terms of appeal? Should i do it before admin review? Or carry on with the admin review?

Also her FP visa will expire in sept 2022.

kamoe
Respected Guru
Posts: 2621
Joined: Mon Sep 07, 2015 10:57 am

Re: Refusal email for PSS

Post by kamoe » Fri Jun 10, 2022 2:13 pm

niklas999 wrote:
Fri Jun 10, 2022 1:46 pm
of course i did.
OK, good.
I truly think they did a mistake.
They clearly did.
Once she got FP, they should not refuse her for PSS. Thats why i want to do an admin review. How long this could take? And what do you think, in terms of appeal? Should i do it before admin review? Or carry on with the admin review?
Three things I can think about:

1. Read Settled's advice on EUSS refusals here: https://settled.org.uk/help/ive-been-re ... nt-scheme/
2. Contact them if you are stuck: advice@settled.org.uk
3. Report your problem (waiting over 7 month only to get a wrong refusal) with the3million here: https://www.the3million.org.uk/report-it
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.

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