Hi everyone i received final reply form ombadsman.
Your complaint about UK Visas and Immigration We have completed our consideration of your complaint about UK Visas and immigration (UKVI) and I am writing to tell you the outcome. To reach this decision we reviewed the information you have provided, and information provided by UKVI. Having done this, we have decided not to consider your complaint further; this is because we have not identified indications of failings in UKVI’s processing of your applications. I understand that our decision may be disappointing, but I will explain the reasons for this and the factors we have considered in our assessment of your complaint. Your complaint You complain UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EU Settlement Scheme (EUSS). You say the application was submitted in August 2019. You say the delay has affected your ability to work and your ability to move to a new house. UKVI has also restricted you and your family’s freedom of movement. You say UKVI’s delay in reaching a decision has caused you and your wife stress, anxiety and depression. You would like an explanation as to why UKVI has not made a decision on your application.
Reasons for our decision You have complained that UKVI has taken too long to make a decision on you and your family’s pre-settled status application, issued under the EUSS. EUSS is a scheme set up for EU, EEA or Swiss citizens so they can continue to live in the UK after 30 June 2021. UKVI have said that as your application was based on a derivative right to reside in the UK, it has taken longer to process. You made this application as you are the primary carer of a British child. UKVI has explained that derivative rights applications were originally accommodated within the provisions of the EEA Regulations 20161 and were not included in the scope of the UK’s Withdrawal Agreement with the EU. However, the UK made a decision to widen the scope of the EUSS to now allow applications based on derived right of residence. UKVI has explained that these cases are often complex and therefore they can take longer to process. The relevant guidance says: ‘your application is likely to take longer than a month if…you submit a paper application- for example if your application is based on a derivative right to reside in the UK’2 It explained that the ethos of the Settlement Scheme is to ensure that every effort is undertaken to consider if status can be granted. Any refusal action is subject to considerable scrutiny prior to it being issued and this included seeking ministerial approval. UKVI noted that Ministerial approval on these types of applications was delayed due to prorogation of Parliament and the General Election. As such, cases did not begin to be refused until 5 February 2020. UKVI has said the initial consideration of your case indicated that you did not fulfil the required criterial for the Zambrano route3. However, while the EUSS application was under consideration, you submitted a further application under the EEA Regulations on 3 December 2019. This was also made via the Zambrano route. The application was refused 27 January 2020 and you appealed against the decision on 2 February. The appeal overturned the decision. UKVI has explained that as all appeal proceedings have been concluded, the EUSS application is now in a position to be decided, once mandatory checks have been cleared.
UKVI has said that you should have a decision imminently. We have seen that you submitted an application under EUSS in August 2019 and UKVI guidance stated that this type of application can take over one month to process. This decision was delayed as initial checks indicated that you did not fulfil the required criterial for the Zambrano route. These delays were caused by the prorogation of Parliament and the General Election. You then submitted a further application under the EEA Regulations, it is this application which was initially refused then overturned at tribunal. The second application was submitted on 3 December and was refused on 27 January. We do not find this time frame to be unreasonable. The Tribunal overturned the decision on 11 June and UKVI’s casework team confirmed on 22 June that they would not be seeking permission to appeal the decision. We are aware that UKVI are now currently completing mandatory checks and a decision will be made imminently. Whilst we do appreciate how distressing it has been for you, we have not identified any indications of failings in how UKVI processed your applications. We are also satisfied that UKVI has explained the reasons for the delays you have experienced. In summary, we have decided we will not take further action on your complaint. I hope I have explained the thorough consideration we have given to our decision and clearly outlined the reasons for it. If you have any feedback about our service or decision, then please let me know within one month of the date of this letter. We recognise that everyone has different needs and circumstances, and these are likely to influence the way you access our service. If you need this letter in a different format, please contact me on the details at the top of this letter to discuss your accessibility requirements. Please note there are some important details about how we use your information at the bottom of this letter. Yours sincerely
Caseworker
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