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.
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