Non-EU Family member Settled Status refused

Hello everyone,
I am an EU citizen with Settled Status, and have a step-daughter who came to the UK with EEA Family Permit in 2015. After arrival got Residence Card, confirming right to work and study. She was 20 years old on that time.
Now, after 5 years of residence, applied for an EU Settled Status and got refusal. She working full time, but still living with us. She still hold a valid BR card until middle of next year.
Is anyone can help me how to get approval?

Can you share the exacting wording of the refusal letter?

Yes, but a bit long:

"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.
Consideration has been given as to whether you qualify for settled status because you
have a documented right of permanent residence. However, you have not provided a
document certifying permanent residence card issued under the Immigration (European
Economic Area) Regulations 2016 (or the preceding 2006 Regulations) in support of your
application. In addition, we have checked our records and it does not appear that you
have ever been issued such a document. Our records show that you have been issued
with a residence card under the EEA Regulations. However, that document does not
certify that you have a right of permanent residence in the UK. Therefore, you do not meet
the requirements for settled status on the basis of a documented right of permanent
residence.
You state that you are a dependent relative of (...ME...), a relevant EEA citizen.
However, you have not provided sufficient evidence to confirm this. The reasons for this
1 of 3are explained below.
You are a child over the age of 21 of a relevant EEA citizen, but you have not provided
sufficient evidence to demonstrate that you are dependent on the relevant EEA citizen or
on their spouse or civil partner. For these purposes, ‘dependent’ means that:
having regard to your financial and social conditions, or health, you cannot meet
your essential living needs (in whole or in part) without the financial or other material
support of the relevant EEA citizen or of their spouse or civil partner; and
the relevant EEA citizen or their spouse or civil partner is providing you with such
support.
On the 18 September 2020, you also contacted us to state that as you were working and
financially independent you are no longer dependent on (...ME...), your EEA National
sponsor.
Therefore, you do not meet the requirements for settled status as a family member 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 dependent relative 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
EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.
Therefore, your application has been refused under rule EU6."

inczei wrote: ↑

Wed Nov 04, 2020 4:15 pm

On the 18 September 2020, you also contacted us to state that as you were working and
financially independent you are no longer dependent on (...ME...), your EEA National
sponsor.

Well, looks like you shot yourselves in the foot here. Why did you state she was no longer dependent? That's why she got refused.

Not my words, they asked her by phone, and she said to them she working and can support herself.
When she came to the UK, was under 21, so so question asked. In my opinion, in this time should not ask this, and grant settled status as already in the UK more than 5 years.
As she have not enough salary to rent a house and pay all her bills, for me means need support.
We will try again with slightly different details. Hopefully will be approved.
Thank you for your help.

That's really bad this case should be straightforward I don't see why they refused her

Tiktok wrote: ↑

Thu Nov 05, 2020 12:15 pm

That's really bad this case should be straightforward I don't see why they refused her

Actually the refusal reason is pretty straightforward (not saying the whole thing is necessarily fair or transparent at first, but the decision is straightforward).

A per the EU Settlement Scheme's caseworker guidance (page 60):

Child aged 21 or over

Where they are aged 21 or over, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and this includes a grandchild or great-grandchild, and (unless the applicant was previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child under the age of 21) the applicant must be dependent on the relevant EEA citizen (or qualifying British citizen) or on that spouse or civil partner. ‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:

• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner
• such support is, or was, being provided to the applicant by the relevant EEA citizen (or qualifying British citizen) or by the spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support

In other words, because she is over 21, she needs to be dependent on her EEA sponsor. Only... as per her own words, she isn't.

(Note, I'm not saying she is not dependent, just explaining the facts of the decision).

Furthermore:

Where the applicant was not previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child, they must also provide evidence which satisfies you that the applicant is (or for the relevant period was) dependent on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner. This evidence might take the form of for example:

• evidence of their financial dependency, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen) or the spouse or civil partner

• evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen), or of their spouse or civil partner, on serious health grounds, such as a letter from a hospital consultant

The above means that not only she needs to be dependent, she also needs to prove it.

Was any proof of dependency sent with the application, e.g.evidence that her salary is insufficient to cover basic accommodation and/or food costs? Note that this does not seem to need to cover 100% of her expenses, since the condition is that she cannot "meet their essential living needs, in whole or in part" without the support of the EEA sponsor.

Just looking for a solution and found this:

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

In the section of extended family members:
"- a relative of the EEA national (or of their spouse or civil partner) but you do not qualify as their family member"

and

"As well as being a relative of the EEA national, one of the following must be true:

- before coming to the UK you were dependent on the EEA national, or were a member of the EEA national’s household, and you’re still dependent on them or are still a member of their household
- you need the personal care of the EEA national (or of their spouse or civil partner) on serious health grounds

Extended family members must have a valid EEA permit or residence card to stay in the UK."

As she is relative, but not qualified as direct family member (because stated as independent), but still live in the same household, and still have an EEA residence card. I hope this way can work.

inczei wrote: ↑

Fri Nov 06, 2020 1:21 pm

Just looking for a solution and found this:

https://www.gov.uk/apply-for-a-uk-resid ... ligibility

In the section of extended family members:
"- a relative of the EEA national (or of their spouse or civil partner) but you do not qualify as their family member"

and

"As well as being a relative of the EEA national, one of the following must be true:

- before coming to the UK you were dependent on the EEA national, or were a member of the EEA national’s household, and you’re still dependent on them or are still a member of their household
- you need the personal care of the EEA national (or of their spouse or civil partner) on serious health grounds

Extended family members must have a valid EEA permit or residence card to stay in the UK."

As she is relative, but not qualified as direct family member (because stated as independent), but still live in the same household, and still have an EEA residence card. I hope this way can work.

Two things:

First, the above is all for EEA Residence Cards. Was she not applying for Settled Status? They are not the same thing. She will need to apply for Settled Status anyways, so why waste time applying for EEA RC?

Second, having been refused EUSS does not mean she cannot apply again. Hence why she does not necessarily need to abandon the application for Settled Status. It looks like she did not fully understand what being "financially independent" meant, specially in the context of her application. It is a silly thing to admit, but being very young, it could make a good argument for a second application, specially since according to how you explain the facts, it is true.

She is still holds a valid EEA Residence Card, and just tried to apply for Settled Status.
Just my experience when I changed from residence to permanent residence, no question asked.
Thank you for your comment. We will submit the Settled Status application again.

inczei wrote: ↑

Fri Nov 06, 2020 3:16 pm

She is still holds a valid EEA Residence Card, and just tried to apply for Settled Status.
Just my experience when I changed from residence to permanent residence, no question asked.
Thank you for your comment. We will submit the Settled Status application again.

Good luck and please do so update us if u have any news thanks .
All the best

She can still get Pre settled status now and then apply for Settled status 5 years later if her SETTLED status is refused again

No difference between settled and pre-settled application, the HO will decide which one they approve. In the application no question which one you apply for.

This is the reason why in some cases it helps to seek legal advise and assistance.
On the basis of what this person said to them, due to her ignorance of the law, she does not qualify for Settled or Pre settled status as both requires dependency for a person over 21.

Once a dependent family member (child over 21) receives a status under the settlement scheme, they are not required to show dependency, but before they do, they must demonstrate this.

We have submitted a new application, and just today they called my daughter, and asking more evidence of dependency. I can't see anything in the guidance how to prove this.
As she not paying rent, mortgage and council tax, I paying all.
What can be evidence?

inczei wrote: ↑

Thu Jan 28, 2021 10:31 pm

We have submitted a new application, and just today they called my daughter, and asking more evidence of dependency. I can't see anything in the guidance how to prove this.
As she not paying rent, mortgage and council tax, I paying all.
What can be evidence?

Difficult one and I understand. Has there been any money transfers between accounts to show on statements? I would also say even living under your roof and you being the bill payer proves dependency in a way but how EUSS team would look at this is another matter.

Is the application linked to yours where they ask the the UAN number if this applies in this application?

Could you show any evidence of your daughter living at the same address? Phone bills, for instance, or doctor's letters? Any official correspondence?

Yes, and we submitted my payments for the house and council tax bill, also my bank statements.

Hi one of my friend he had some problem but he took them to court and they granted him setteld status. That's what happened when your Caseworker is stubborn