Pre settled status application refused
Posted: Wed Aug 30, 2023 11:55 pm
Hello everyone,
Behalf of one of my friend as her pre settled status application has been refused can please someone advise what are the options for her?
Thanks in advance
Thank you for your application under the EU Settlement Scheme. Your application has been carefully considered but unfortunately from the information available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The rest of this letter details the reasons you have 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 available and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme, you need to meet the requirements 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-families/eligibility.
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 dependent grandchild over the age of 21 of a relevant sponsor. However, you have not provided sufficient evidence to confirm this. The reasons for this are explained below.
In line with the Citizens’ Rights Agreements, the definition of ‘joining family member of a relevant sponsor’ in Annex 1 to Appendix EU requires that, in light of the required evidence of family relationship which has been provided, a person applying as a joining family of a relevant sponsor is in one of the following categories:
civil partner
specified spouse or civil partner of a Swiss citizen
durable partner (unmarried partnership akin to marriage or civil partnership)
1 of 4
child, grandchild or great-grandchild (including of the spouse or civil partner) dependent parent, grandparent or great-grandparent (including of the spouse or civil partner)
You have provided multiple birth certificates which confirm that you are the niece of the relevant sponsor. You are not therefore a family member in one of the categories above and so you do not meet the definition of a ‘joining family member of a relevant sponsor’ in Annex 1 to Appendix EU to the Immigration Rules.
Therefore, you do not meet the requirements for pre-settled status or 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 sufficient evidence to confirm that you are a dependent grandchild over the age of 21 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.
We have also considered whether you meet any of the other eligibility requirements under Appendix EU. However, from the information and evidence provided, or otherwise available, you do not meet any of these other eligibility requirements.
Therefore, your application has been refused under rule EU6.
Behalf of one of my friend as her pre settled status application has been refused can please someone advise what are the options for her?
Thanks in advance
Thank you for your application under the EU Settlement Scheme. Your application has been carefully considered but unfortunately from the information available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.
The rest of this letter details the reasons you have 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 available and for the reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme, you need to meet the requirements 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-families/eligibility.
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 dependent grandchild over the age of 21 of a relevant sponsor. However, you have not provided sufficient evidence to confirm this. The reasons for this are explained below.
In line with the Citizens’ Rights Agreements, the definition of ‘joining family member of a relevant sponsor’ in Annex 1 to Appendix EU requires that, in light of the required evidence of family relationship which has been provided, a person applying as a joining family of a relevant sponsor is in one of the following categories:
civil partner
specified spouse or civil partner of a Swiss citizen
durable partner (unmarried partnership akin to marriage or civil partnership)
1 of 4
child, grandchild or great-grandchild (including of the spouse or civil partner) dependent parent, grandparent or great-grandparent (including of the spouse or civil partner)
You have provided multiple birth certificates which confirm that you are the niece of the relevant sponsor. You are not therefore a family member in one of the categories above and so you do not meet the definition of a ‘joining family member of a relevant sponsor’ in Annex 1 to Appendix EU to the Immigration Rules.
Therefore, you do not meet the requirements for pre-settled status or 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 sufficient evidence to confirm that you are a dependent grandchild over the age of 21 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.
We have also considered whether you meet any of the other eligibility requirements under Appendix EU. However, from the information and evidence provided, or otherwise available, you do not meet any of these other eligibility requirements.
Therefore, your application has been refused under rule EU6.