Hello guys hope you all doing good. I'm asking on behalf of my friend . If anyone can give us some advice and help thank you.
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 son xxxxxxxxxx. 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 to the EU Settlement Scheme as the primary carer of British
citizen in the UK. Your application has been refused because the information
available to us does not show that you are a ‘person with a Zambrano right to
reside’ on this basis.
To qualify for settled or pre-settled status as a ‘person with a Zambrano right to
reside’, you must have a right to reside in the UK because you meet the
relevant requirements in the Immigration (European Economic Area)
Regulations 2016 (‘the EEA Regulations’). As you state that you are the primary
carer of a British citizen, it is regulation 16(5) that is relevant in your
circumstances. However, we are not satisfied that you meet the requirements of
regulation 16(5) because:
Your application is refused for the following reasons:
You have not provided sufficient evidence to show you are the primary
carer of xxxxxxxxx. You claim to be the childs joint
primary carer but have provided no evidence of physical contact with
your son. You state in your application form that you ‘used to’ send £150
to your sons mother as child support, the wording ‘used to’ suggests that
this is no longer happening. Furthermore financial contributions on their
own do not fulfill the criteria to be considered a primary carer. You state
that you now send your son toys/letters each month. It is considered that
this arrangement could be continued should you be required to leave the
UK and that the childs best interests would not be affected without
evidence that you are currently a physical presence in his life.
You have not demonstrated that xxxxxxx would be
unable to reside in the UK or in another EEA state if you were required to
leave for an indefinite period. Your sons mother with whom he resides is
a British Citizen and therefore your son can remain in the UK.
n 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 would
not be required to leave the UK, which means xxxxxxxxxx
would 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 not
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.
An Appendix FM application, or Article 8 ECHR claim, will be considered to
have a realistic prospect of success where the applicant has family life in the
UK with a British citizen and there is no apparent reason why such an
application or claim would be refused. Should you feel you are able to
demonstrate a subsisting relationship with your son you should apply again
You were previously granted leave to remain under Family/Private life rules on
the basis of your relationship with your son.You have not made a further
application for leave to remain under this route or an Article 8 ECHR claim and
the Secretary of State has not been made aware of any change to your
circumstances since the most recent decision to grant you leave.
As such, it is considered that a further application under Appendix FM to the
Immigration Rules or an Article 8 ECHR claim has a realistic prospect of
success in your case. It is accepted, for the purposes of your EU Settlement
Scheme application, that you are the father of a British citizen child and 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.
As you did not submit a further Appendix FM application or Article 8 ECHR
application claim you have therefore failed to show that you would be required
to leave the UK and that xxxxxxxxx would be unable to reside
in the UK or EEA if you left the UK for an indefinite period. Accordingly, your
application on the basis of being a ‘person with a Zambrano right to reside’ has
been refused.
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.
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.
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.
Alternatively, you can apply for an administrative review if you think the decision
maker made an error or did not follow the published 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 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/guidance/eu-settlement-
scheme-apply-for-an-administrative-review.
The administrative review application form is available online at: https://visas-
immigration.service.gov.uk/product/admin-review.
You can also appeal this decision to the First Tier Tribunal under the
Immigration Citizens’ Rights Appeals (EU Exit) Regulations 2020.
If you are in the UK on the date of this decision you have 14 calendar days after
the date this letter is sent to appeal. If you are outside the UK on the date of this
decision you have 28 calendar days from the date you receive this letter to
appeal.
You can appeal on the basis that the decision is not in accordance with the EU
Settlement Scheme rules, or that it breaches any rights you have under the
Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss
Citizens’ Rights Agreement. You may bring or continue an appeal from inside or
outside the UK.
Information and support on how to appeal, the process and the fees payable
are all available online at
https://www.gov.uk/immigration-asylum-
tribunal/overview.
You can get help and advice from :
- a solicitor. More information is available at
https://www.gov.uk/find-a-
legal-adviser
- an immigration adviser. More information is available at
https://www.gov.uk/find-an-immigration-adviser
- Citizens Advice. More information is available at
http://www.citizensadvice.org.uk/index/getadvice.htm
If you are not getting help from a legal representative you can read the guide on
representing yourself.
If you do not appeal now and do apply for an administrative review you will be
able to appeal later if your administrative review is unsuccessful. Your
administrative review decision will give you further details on how to appeal.
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:
Calling from inside the UK: 0300 123 7379
Calling from outside the UK: +44 203 080 0010
Further details on contacting us can be found on our website:
www.gov.uk/contact-ukvi-inside-outside-uk/y.
