Hello everyone I just want to give update on my settlement scheme.i have been refused.here is the email I received.
Dear xxx
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 from the information and
evidence provided or otherwise available you do not meet the requirements of
the scheme. I am sorry to inform you that your application has therefore been
refused.
The remainder of this letter details the reasons your application has been
refused, what you can do next and the help available from us.
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 xxx .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’s 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 provided or otherwise
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 that are 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-f ... ligibility.
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.
To qualify under the EU Settlement Scheme, you need to meet the
requirements that are set out in Appendix EU to the Immigration Rules.
One of the requirements for qualifying for settled or pre-settled status as a
person with a Zambrano right to reside is that you do not already hold leave to
enter or remain in the UK, unless this was granted under the EU Settlement
Scheme.
Our records show that you currently hold leave to remain in the UK valid until 5
March 2022.This leave was granted under Family/Private Life 10yr - LTR(E),
not under the EU Settlement Scheme. This means you cannot qualify as a
person with a Zambrano right to reside.
As your existing leave to enter or remain means your application cannot
succeed, we have not considered the rest of your application.
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.
We are currently working remotely due to COVID-19 and only have access to
electronic copies of the documents you submitted in support of your application.
We are therefore unable to return your supporting documents at this time.
However, steps will be taken to return your documents as soon as possible. In
the meantime, please ensure that you keep us up to date with any change of
address to ensure that documents are returned to the correct location. We
apologise for any inconvenience caused.
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 online at:
https://apply-for-eu-settled-status.homeoffice.gov.uk.
Applications are free of charge and you have until 30 June 2021, or until any
status you currently hold under the scheme ceases to be valid, to reapply.
Alternatively you can apply for an administrative review if you think the decision maker made an error or did not follow the publish guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive the decision to apply for an administrative review.