spouse of person granted Limited leave under EU3A refused

[rozo]

My friend's wife was granted leave under paragraph EU3A in October 2022 as a dependant of relative of a relevant sponsor. The relevant sponsor being her Dad. My friend then applied as joining family of a relevant sponsor but was denied . He is devastated and wondering the options that may be open to him. He and his wife are in the UK. Letter from home office say he could either appeal or ask for administrative review. Can anyone help please

[alterhase58]

For anyone to give an opinion on this it would be useful if you post the wording of the refusal letter (leaving out personal data).

[rozo]

Thank you so much Alterhase58. Please send details below



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
EU11A of Appendix EU to the Immigration Rules.
You state that you are a dependent relative of a relevant sponsor. However, you have not
provided any 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:
spouse
civil partner
specified spouse or civil partner of a Swiss citizen
durable partner (unmarried partnership akin to marriage or civil partnership)
child, grandchild or great-grandchild (including of the spouse or civil partner)
You have provided your marriage certificate and spouses birth certificate which confirms that
you are the son in law 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 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
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 dependent 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 EU11A or for pre-settled status set out in
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 the other these other eligibility requirements.
Therefore, your application has been refused under rule EU6.
To qualify under the scheme, you need to meet the requirements that are set out in Appendix EU
to the Immigration Rules.

[rozo]

Can anyone help please. Any help will be very much appreciated

[rozo]

Any opinion please

[rozo]

Any opinion please?

[secret.simon]

The refusal seems to be correct.

My friend's wife was granted leave under paragraph EU3A in October 2022 as a dependant of relative of a relevant sponsor.

Your friend is eligible to be sponsored under the EUSS, because she is the dependent child of an EEA citizen.

However, as somebody who is sponsored herself, she can't sponsor anybody under the EUSS.

My friend then applied as joining family of a relevant sponsor but was denied

That is correct, because he is not the dependent child of an EEA citizen. The list of family members who can be sponsored under the EUSS is very specific and limited. Not all family members can be sponsored. For instance, EEA citizens can't sponsor their siblings, nephews or nieces, etc.

Your friend's wife will be able to sponsor her husband after she acquires Settled Status after five years of residence in the UK (and meeting the absences requirement). She will need to meet the same requirements as a British citizen, which currently involve a Minimum Income Requirement of £18600 and language requirements.

There is no way for your friend to be sponsored to the UK via his wife or her father. He will need to look at qualifying for a Skilled Worker visa or a student visa in his own right.

[rozo]

Thank you so much secret.simon.

[rozo]

Hi Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie. l wonder if you can also help with your opinion on my friend's situation.
Thank you so much. Your thoughts will be highly appreciated.

[CR001]

The advice you have been given is correct.

Not sure what you are expecting by asking other moderators to comment ot give opinions, they would simply say the same thing based in the rules.

[rozo]

Thank you so much CR001.
i was under the impression that perhaps my friend has right to family life since he is in the UK with his wife and their children. Just my opinion

[alterhase58]

I believe there are no specific private life provisions in Appendix EU.
There is provision for that under UK family visas: https://www.gov.uk/uk-family-visa/private-life
I'm not an expert on Appendix EU or on UK Family visas. Other may comment further.

[Casa]

The refusal seems to be correct.

There is no way for your friend to be sponsored to the UK via his wife or her father. He will need to look at qualifying for a Skilled Worker visa or a student visa in his own right.

As secret.simon has already advised, the decision is correct.

[rozo]

Thank you so much casa, secret.simon and alterhase58 for your viewpoints. i really appreciate it

[secret.simon]

perhaps my friend has right to family life since he is in the UK with his wife and their children.

There’s actually no right to family life in the UK

As the Home Office’s guidance puts it (on page 52):
...
ECHR Article 8 does not oblige the UK to accept the choice of a couple as to which country they would prefer to reside in.

Broadly and simply put, you have a right to family life, but it doesn't have to be in the UK. The family could live outside the UK as a family unit.

As @alterhase58 has mentioned above, there are no private life provisions in the Withdrawal Agreement or Appendix EU.

If your friend plans to rely on family or private life provisions, it would have to be under other provisions of the Immigration Rules, not Appendix EU.

Your friend and his wife would have to prove why they can't live in his country of habitual residence and that there are insurmountable obstacles to family life continuing outside the UK.