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Pre-settled status refused for my mother

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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input-output
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Pre-settled status refused for my mother

Post by input-output » Wed Oct 12, 2022 2:05 pm

Hello forum

I am very dissapointed because my mother's pre-settlement application was refused today. could i please get some advice for an administrative review?

My wife is an Irish citizen, has a Document Certifying Permanent Residence (DCPR). She is employed continuously since obtaining DCPR, did not leave the country for more than 6 months since it was issued. As an Irish citize, she never applied for a status under the EU Settlement scheme but would get one if she decided to do so. I am a dependent family member on a pre-settled status.

My mother applied for a EU Settlement Scheme Family Permit as a dependent family member of the EU citizen, before 30 June 2021 cut off date and was granted one on 31 May 2022. She arrived in UK on 13 September 2022 and applied for a pre-settled status. It was refused today based on the following grounds.

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 and rule EU11A of Appendix EU to the Immigration Rules.

You state that you are a dependant relative of a relevant sponsor. However, you have not provided any evidence to confirm this. The reasons for this are explained below.

Your application as the joining family member of a relevant sponsor was made on or after the 1 July 2021. Where the application date is on or after the 1 July 2021, the definition of ‘relevant sponsor’ requires that the relevant sponsor is an EEA citizen who, having been resident in the UK and Islands for a continuous qualifying period which began before the specified date, has been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, revoked or invalidated, or has limited leave to enter or remain under paragraph EU3 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been cancelled, curtailed or invalidated. However, from the information and evidence provided or otherwise available, your relevant sponsor does not meet this requirement.

    Our records do not show that your relevant sponsor XXXX has been granted indefinite or limited leave to remain under paragraph EU2 or EU3 of Appendix EU

    Therefore, you do not meet the requirements for settled status as a joining family member of a relevant sponsor.

    Careful consideration has also been given 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 and rule EU14A of Appendix EU to the Immigration Rules.

    However, for the reasons already explained above, you have not provided any evidence to confirm that you are a dependant relative of a relevant sponsor. 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 rule EU11A or for pre-settled status set out in rule EU14 or rule EU14A of Appendix EU to the Immigration Rules. This is for the reasons explained above.


    I dont really understand this refusal and have a few basic questions:

    1. When mentioning her application ("our application as the joining family member of a relevant sponsor was made on or after the 1 July 2021"). Do they refer to EU Settlement Scheme Family permit (made from outside the UK) or the pre-settled status application made from the UK?

    2. Does an Irish citzen with DCPR require to posess pre-settled or settled status as claimed above, to be a 'relevant sponsor' under paragraph EU2/EU3 of Appendix EU?

    3. "You have not provided any evidence to confirm that you are a dependant relative of a relevant sponsor". We provided a full set of document confirming relationship between my mother, myself and the EU sponsor. In addition, she lives with us and is fully dependent on us financially since arrival.

    Any advice will be appreciated

    input-output
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    Re: Pre-settled status refused for my mother

    Post by input-output » Wed Oct 12, 2022 2:19 pm

    Does this apply to us?

    https://assets.publishing.service.gov.u ... embers.pdf

    Dependent parent (p. 125)

    The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and includes a grandparent or great-grandparent and an adoptive parent of an adopted child.
    Dependency
    There is no requirement as to dependency where either:
    • the applicant was previously granted limited leave to enter or remain under Appendix EU as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated
    • the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU as a dependent parent of the relevant EEA citizen (or of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or invalidated

    and also from the same document (pp. 20-21)

    Irish citizen

    An ‘Irish citizen’ is defined in Annex 1 to Appendix EU as a person who is an Irish citizen as a matter of Irish law.
    Irish citizens enjoy a right of residence in the UK that is not reliant on the UK’s membership of the EU. This means that Irish citizens do not need to apply for status under the scheme. Nonetheless, Irish citizens can make an application under the scheme, should they wish to do so.
    Their family members (who are not Irish citizens or British citizens and who do not have leave to enter or remain in the UK) will need to make an application for status under the EU Settlement Scheme, and they can do so whether or not the Irish citizen has done so.

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    contorted_svy
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    Re: Pre-settled status refused for my mother

    Post by contorted_svy » Wed Oct 12, 2022 7:02 pm

    Did you attach evidence that she is financially dependent on you? Or only proof that she lives with you? I am a bit unclear whether your mother is your dependent or your wife's dependent - I don't know if this would make any difference. As you are a dependent, are you allowed to have a dependent yourself?
    All advice comes from personal research and experience and should not be regarded as professional opinion.

    input-output
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    Re: Pre-settled status refused for my mother

    Post by input-output » Fri Oct 14, 2022 4:48 pm

    Hello, thank you for your response.
    contorted_svy wrote:
    Wed Oct 12, 2022 7:02 pm
    Did you attach evidence that she is financially dependent on you? Or only proof that she lives with you?
    We were only asked to provide two pieces of evidence with the application - identity (a passport) and residence (i.e. addess that she resides at - our address). Both were provided
    contorted_svy wrote:
    Wed Oct 12, 2022 7:02 pm
    I am a bit unclear whether your mother is your dependent or your wife's dependent - I don't know if this would make any difference. As you are a dependent, are you allowed to have a dependent yourself?
    We applied based on my mother's dependency on my wife - and Irish citizen. Although I have a pre-settled status, we went for the said dependency, not on myself.

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    contorted_svy
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    Re: Pre-settled status refused for my mother

    Post by contorted_svy » Fri Oct 14, 2022 5:03 pm

    They said in the refusal that you need to provide evidence of the dependency, so maybe you can try again attaching that.
    All advice comes from personal research and experience and should not be regarded as professional opinion.

    input-output
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    Re: Pre-settled status refused for my mother

    Post by input-output » Fri Oct 14, 2022 5:55 pm

    contorted_svy wrote:
    Fri Oct 14, 2022 5:03 pm
    They said in the refusal that you need to provide evidence of the dependency, so maybe you can try again attaching that.
    I think this is great idea, I will do that. I am not sure about their main refusal point of the EU (Irish) citizen not obtaining EU Settlement Scheme status and hence, ineligble to sponsor. How do you suggest to address that please?

    input-output
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    Re: Pre-settled status refused for my mother

    Post by input-output » Fri Oct 14, 2022 6:00 pm

    Also, shall I go for Administrative Review or appeal to the Tribunal? I was certain that EU SS adminsitrative review is free but it is not

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    contorted_svy
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    Re: Pre-settled status refused for my mother

    Post by contorted_svy » Fri Oct 14, 2022 6:22 pm

    Why not apply again, as that is free? Not sure about the Irish citizenship thing, maybe your wife could apply and get status, unless there is a good reason why she chose not to.
    All advice comes from personal research and experience and should not be regarded as professional opinion.

    input-output
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    Re: Pre-settled status refused for my mother

    Post by input-output » Sat Oct 15, 2022 8:33 pm

    contorted_svy wrote:
    Fri Oct 14, 2022 5:03 pm
    They said in the refusal that you need to provide evidence of the dependency, so maybe you can try again attaching that.
    Because dependency was assumed for pre-July 2021 applications, she received her eu settlement scheme family permit without the need to prove the dependency. She is dependent on us - she receives full board, lives with us free of charge and we provide her with a small amount for personal things every week, would this be material to the dependency? If so, how do prove/present this financial dependency since she joined us?

    Thanks

    input-output
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    Re: Pre-settled status refused for my mother

    Post by input-output » Thu Oct 20, 2022 1:15 pm

    Ok, something interesting happened there today.

    I called the EU Settlement Scheme Support Team this week and discussed two points of refusal - dependency and the lack of the status by the Irish citizen under Settlement scheme. I referred to the guidance and stated that Irish citizens were exempt. On the second point, I explained that the application for EU SS family Permit took more than 1 year to decide and that the applicant applied for it when conditions of its issue were based on the 'assumed' dependency. I was promised to be contacted.

    Today I received an email with the following wording:

    Thank you for your application under the EU Settlement Scheme.

    We are in the process of considering your application and we require some additional information or evidence from you to help us to make sure we reach the correct decision. We would like to reassure you that no decision has been made on your EU Settlement Scheme application at this stage and we will work with you to help you with your application.

    We are therefore writing to ask you to provide the following additional evidence to help us consider whether you meet the requirements for settled status (indefinite leave to enter or remain) or pre-settled status (limited leave to enter or remain).

    Please provide:

    - Evidence that with regard to your financial and social conditions, or your health, you cannot (or, for the relevant period, could not) meet your essential living needs (in whole or in part) without the financial or other material support of your EEA citizen family member

    - Evidence that support is (or was) being provided to you by the EEA citizen


    It appears that HO is back-pedalling on the need for a status under EU SS for the irish sponsor. However, we are still asked to produce evidence of dependency of the applicant. We do not have this evidence as dependency was assumed for purposes of my mother's entry into the UK at the time of her application, which was submitted before 30 June 2021. It is a strange no man's land in between one set of rules applied to facilitate her entry into the UK and another one applied when she applies for residence form inside the country.

    She is of course living with us since her arrival in the UK, receives full board, and petty cash weekly for her small expenses from us.

    I will be most thankful for ideas on how to respond to this letter.

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    Re: Pre-settled status refused for my mother

    Post by contorted_svy » Thu Oct 20, 2022 1:38 pm

    Can you provide her bank statements, showing she has no income/savings? the fact she receives petty cash from you doesn't really help, as you can't document you are financially supporting her.
    All advice comes from personal research and experience and should not be regarded as professional opinion.

    Matsreen
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    Re: Pre-settled status refused for my mother

    Post by Matsreen » Thu Oct 20, 2022 1:43 pm

    Immediate action

    Attach/upload the following documents as soon as possible:

    1. Let your wife attach her bank statement, utility bill or tenancy agreement under her name with your current address.

    2. Let your mother use GP registration confirmation letter plus any appointment letter with GP under the same address where you live in.

    Act quickly!

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