APPLICATION REFUSED TODAY CARER OF BRITISH CHILD AND I GOT THE LEAVE TO REMIAN
Thank you for your application under the EU Settlement Scheme as a ‘person with a Zambrano right to reside’.
Your application has been carefully considered but from the information and evidence provided or otherwise available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The remainder of this letter details the reasons your application has 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 provided or otherwise available, and for the reasons set out in this letter, you do not meet the requirements.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely xxxxxxx and xxxxxxx. Although this duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, the children’s best interests have been a primary consideration in assessing your application.
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.
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You have applied under the scheme as a ‘person with a Zambrano right to reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the primary carer of a British citizen.
To qualify under the scheme for settled status on that basis, you must, at the date of application, meet the eligibility requirements in condition 3 of rule EU11 of Appendix EU.
To qualify under the scheme for pre-settled status on that basis, you must, at the date of application, meet the eligibility requirements in condition 1 of rule EU14 of Appendix EU.
You do not meet the requirements of either of those provisions for the reasons set out below.
There are three key elements which must be met for an applicant under the EU Settlement Scheme to be eligible for settled or pre-settled status as a ‘person with a Zambrano right to reside’:
1.you must meet the requirements of that definition throughout the continuous qualifying period in the UK in which you rely on being or having been a ‘person with a Zambrano right to reside’. Broadly, the requirements are that the person meets the relevant conditions of regulation 16 of the Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) and does not hold leave to remain (unless this was granted under the EU Settlement Scheme); and
2.that continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have begun before the specified date (2300 GMT on 31 December 2020), unless you fall within sub-paragraph (b) or (c) of the definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix EU; and
3.you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must be continuing at the date of your application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’ must have been continuing at the specified date and ended when you completed a five-year continuous qualifying period in the UK as such a person (and by the date of your application to the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person who had a derivative or Zambrano right to reside’, meaning you were a ‘person with a Zambrano right to reside’ immediately before you met another qualifying category (such as the family member of a relevant EEA citizen) and have since remained in that or another qualifying category through to the date of your application to the scheme.
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Your application has been refused because you do not satisfy paragraph 1, above. You have claimed to have a continuous qualifying period in the UK, during which you met the definition of a ‘person with a Zambrano right to reside’, between 17 July 2018 and 30 June 2021. However, you did not meet the definition throughout this period.
The reason that your application has been refused is that, at the specified date and during the period set out above, you did not satisfy paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as, for the purposes of a continuous qualifying period in the UK as a ‘person with a Zambrano right to reside’, an applicant cannot rely on any period in which they held non-Appendix EU leave. Our records show that you were granted leave to enter or remain in the UK on 14 February 2019 valid until 14 August 2021, under appendix FM of the Immigration Rules.
As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme.
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 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, set out in rule EU11, EU12 and EU14. However, from the information and evidence provided, or otherwise available, you do not meet any of these other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix.
Next steps
You can apply for an administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at:
www.gov.uk/guidance/eu-settlement-schem ... istrative- review.
The administrative review application form is available online at:
www.visas-immigration.service.gov.uk/pr ... min-review.
If you apply for an administrative review you can continue to rely on your Certificate of Application as evidence of your residence rights until your administrative review is concluded.
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Where the date of your application under the EU Settlement Scheme was after 11pm on 31 January 2020, you can also appeal this decision to the First-tier Tribunal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after the date this letter is sent to appeal. If you are outside the UK on the date of this decision you have 28 calendar days from the date you receive this letter to appeal.
You can appeal on the basis that the decision is not in accordance with the EU Settlement Scheme rules. You may bring or continue an appeal from inside or outside the UK.
Information and support on how to appeal, the process, and the fees payable are all available online at
www.gov.uk/immigration-asylum-tribunal/overview.
You can get help and advice from:
a solicitor. More information is available at
www.gov.uk/find-a-legal- adviser
an immigration adviser. More information is available at
www.gov.uk/find- an-immigration-adviser
Citizens Advice. More information is available at:
www.citizensadvice.org.uk/index/getadvice.htm.
If you are not getting help from a legal representative you can read the guide on representing yourself at
www.gov.uk/guidance/unrepresented-appellants- immigration-and-asylum-tribunal.
If you do not appeal now and do apply for an administrative review you will be able to appeal later if your administrative review is unsuccessful. Your administrative review decision will give you further details on how to appeal.
If you apply for an administrative review and do not appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until either:
the time limit for appealing after you receive your administrative review decision has passed; or
if you appeal following the administrative review decision, until the appeal is finally determined.
If you do appeal now you can continue to rely on your Certificate of Application as evidence of your residence rights until the appeal is finally determined.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk:
www.gov.uk/contact-ukvi- inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-and-pre-settled- status.
Calling from inside the UK: 0300 123 7379.
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Calling from outside the UK: +44 203 080 0010.
Further details on contacting us can be found on our website:
www.gov.uk/contact-ukvi-inside-outside-uk/y. Yours sincerely,
On behalf of the Secretary of State
Data protection
The UK GDPR and the Data Protection Act 2018 governs how we use personal data.
For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at
www.gov.uk/government/publications/pers ... on-use-in- borders-immigration-and-citizenship
This also explains your key rights under the UK GDPR and the Act, how you can access your personal information and how to complain if you have concerns.
Further information
For further information or if you have any queries, our contact details are on our
