Good evening all, after 5,5 months of waiting my application was refused.
I am no have wish to live and fight.
I am lost. I am here in UK 7 months now. I am Russian, child British, 17 years old, student. I entered with visitors visa, only option was apply under EU settlement scheme. Visa expired 10 of March.
I spend 9000 pounds to live here borrowed from my friends and family, from 16 of March no paid rent it's already 1100 pounds, we will be evicted when lockdown is over, we have food from food bank. I am not have strength to live, I am tired to fight and survive. What to do?
Received this letter today.
Thank you for your application under the EU Settlement Scheme as a person with a Zambrano right to reside. 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, what you can do next and the help available from us.
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\outl0\strokewidth0 \strokec2 In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your daughter.........This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child\'92s best interests have been a primary consideration.
In making this decision, we have complied with our duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of any children who may be affected by the decision, namely your daughter ....... This duty cannot on its own satisfy the eligibility requirements of the EU Settlement Scheme for a person with a Zambrano right to reside, but in assessing your application, the child\'92s best interests have been a primary consideration.
Reasons why your application has 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 to us and for the reasons set out in this letter, you do not meet the requirements.
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\outl0\strokewidth0 \strokec2 To qualify under the scheme you need to meet the requirements that are set out in Part 1 of Appendix EU to the Immigration Rules. You can find out more about the requirements here
www.gov.uk/settled-status-eu-citizens-f ... ligibility.
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\outl0\strokewidth0 \strokec2 You have applied under the EU Settlement Scheme as a person with a Zambrano right to reside on the basis that you are the primary carer of a British citizen.
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\outl0\strokewidth0 \strokec2 To qualify under the EU Settlement Scheme, you need to meet the requirements that are set out in Appendix EU to the Immigration Rules. Your application has been refused for the reasons set out below.
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\outl0\strokewidth0 \strokec2 You can only be considered a \'91person with a Zambrano right to reside\'92 where Your daughter would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
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\outl0\strokewidth0 \strokec2 In order to demonstrate that Your daughter would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you have no other means to remain lawfully in the UK as her primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means your daughter will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have never made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
It is currently considered that such an application or claim has a realistic prospect of success in your case because it is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and because there is no apparent reason why an Appendix FM application or Article 8 ECHR claim would be refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
It is considered that the information available does not show that you meet the eligibility requirements for settled status set out in rule EU11 of Appendix EU to the Immigration Rules or those for pre-settled status which are set out in rule EU14 of that Appendix. Therefore, you have been refused settled status and pre-settled status under rule EU6.
2 Next steps
If you have additional information or evidence that shows you meet the requirements, you can make another application to the EU Settlement Scheme at any time. Applications are free of charge and you have until 30 June 2021 to reapply.
If you wish to re-apply as a person with a derivative right to reside, you will need to call the EU Settlement Resolution Centre to request another paper application form. Their contact information can be found at
www.gov.uk/contact- ukvi-inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-and-pre- settled-status.
If you wish to apply on another basis, you may be able to apply online at apply- for-eu-settled-status.homeoffice.gov.uk. You can find out more about the requirements at
www.gov.uk/settled-status-eu-citizens-f ... ligibility.
If you prefer, you can apply for an administrative review. This means that a different caseworker on an independent team will reconsider your application if you think that the original caseworker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application that shows you meet the requirements of the scheme.
You have 28 calendar days from the date on which you receive this decision to apply for an administrative review.
Information on how to apply for an administrative review, the process and the fees payable are all available online at:
www.gov.uk/government/collections/eu- settlement-scheme-pilot-applicant-information. The administrative review application form is available online at: https://visas- immigration.service.gov.uk/product/admin-review.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm. Opening hours during bank holidays can be found on gov.uk
www.gov.uk/contact-ukvi-inside-outside- ... ettlement- scheme-settled-and-pre-settled-status:
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