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EU settlement scheme family permit application refused
Posted: Sat Nov 28, 2020 8:55 pm
by brownbonno
Hello members thank you for the great work you are all doing here.
I have a question on EU settlement scheme family permit.
My wife a non EU national applied for EU settlement scheme family permit three weeks from outside the UK after I made my application for EU settlement scheme pre settled/ settled.
In between the Home Office requested for additional evidence from me to enable them make a decision.As my application was in progress The Home Office,sent a refusal to my wife that I don't have a status yet as my application was still in progress. The same day I received a decision on my application with a settled status.
Please advise on how to go about it without going through a tribunal appeal or making a new application.
Thanks
Re: EU settlement scheme family permit application refused
Posted: Sat Nov 28, 2020 10:37 pm
by kamoe
brownbonno wrote: ↑Sat Nov 28, 2020 8:55 pm
Please advise on how to go about it without going through a tribunal appeal or making a new application.
Either she requests an administrative review (which to my knowledge is never a particularly expedite process) or she applies again.
The application is free, and as per your knowledge, the reason her first application was refused, is no longer the case.
Why are you against applying again?
Re: EU settlement scheme family permit application refused
Posted: Sat Nov 28, 2020 10:59 pm
by brownbonno
kamoe wrote: ↑Sat Nov 28, 2020 10:37 pm
brownbonno wrote: ↑Sat Nov 28, 2020 8:55 pm
Please advise on how to go about it without going through a tribunal appeal or making a new application.
Why are you against applying again?
Just because of the the inconvenience involved.
Thanks for the response.
Re: EU settlement scheme family permit application refused
Posted: Sat Nov 28, 2020 11:14 pm
by kamoe
brownbonno wrote: ↑Sat Nov 28, 2020 10:59 pm
kamoe wrote: ↑Sat Nov 28, 2020 10:37 pm
brownbonno wrote: ↑Sat Nov 28, 2020 8:55 pm
Please advise on how to go about it without going through a tribunal appeal or making a new application.
Why are you against applying again?
Just because of the the inconvenience involved.
I'm curious to know what other approach were you expecting that was less inconvenient than applying again
Anything that goes off-norm, like an administrative review, or an appeal, is obviously way much more inconvenient than simply applying again.
The only other option is,
if she happens to be a non-visa required national (if she happens to not require a visa to visit the UK as a tourist), that she could technically come to the UK on the strength of her passport, then apply for Pre-Settled status directly once in the UK. But that is not really the ideal and expected way to do it, and again, only works if she normally does not require a visa.
Is that what you were asking??? (Scratching my head at what kind of answers you were expecting as ways to approach a refusal that
specifically do not involve any legal challenge or reapplication. Your question fees like a logic puzzle...
).
Re: EU settlement scheme family permit application refused
Posted: Sun Nov 29, 2020 2:25 pm
by Zerubbabel
Hello
The refusal was justified as yourself didn't hold a status at the time. Her status depends on yours. It's not an independent status.
Even if now there is no ground for refusal anymore, the ground was there and valid at the time the decision was taken.
The best option for you is to apply again and this time, it should work.
Re: EU settlement scheme family permit application refused
Posted: Sun Nov 29, 2020 7:30 pm
by brownbonno
Zerubbabel wrote: ↑Sun Nov 29, 2020 2:25 pm
Hello
The refusal was justified as yourself didn't hold a status at the time. Her status depends on yours. It's not an independent status.
Even if now there is no ground for refusal anymore, the ground was there and valid at the time the decision was taken.
The best option for you is to apply again and this time, it should work.
Thank you for the advise.