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
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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
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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.
