Dear...
We are sorry to hear of your loss and appreciate that this is a difficult time for you and your children. In your complaint you tell us you have health and welfare issues, we have noted these and have passed them on to the appropriate team. If you think you do need support, I hope you will consider approaching your doctor and the health and welfare services in your local area.
There is support available and further information and advice can be found on the National Health Service website:
https://www.nhs.uk/
You may also wish to approach some of the charities available on the internet including
https://www.mind.org.uk/
I do appreciate that this is a loss for your children as well. If they are in need of support you may like to look at the information which is published by the NHS for charities which are available specifically for children at
https://www.nhs.uk/conditions/stress-an ... reavement/
You applied for status in the UK using the Family/Private Life 10 year route on 7 May 2019. You then applied for status under the EU settlement scheme on 27 June 2019. Both of these applications are considered in line with requirements laid down in the Immigration Rules.
An applicant can generally only have one valid application for leave under the Immigration Rules outstanding at any one time. If an applicant has an application pending under another part of the Immigration Rules, in your case under the Family/Private Life route, and then makes an application under the scheme, the original application will normally be varied by the scheme application and will no longer be considered. However, this department contacted you to ask which application you wished us to consider and you requested for your Family and private life application to be closed in favour of your EUSS application.
Unfortunately, the caseworker who contacted you was not familiar with the route of the Scheme you had applied under and the requirements that must be met. Under the Zambrano route of the Scheme applicants must show that all other available avenues to acquire status in the UK have been explored before making such an application. Therefore, you are unable to qualify for status under the scheme until an application under the Family and Private life route has been considered first.
Given that you have received incorrect advice from this Department, although well intentioned, we feel it would be inappropriate to refuse your Zambrano application on the basis that a Family and Private Life application has not yet been considered. Therefore, we advise that you re-submit your Family and Private Life application and, once received, we will close your Scheme application rather than refusing it. By leaving your Scheme application open until the correct application has been re-submitted your 3C leave will not be affected.
We will give you 28 days to re-submit your Family and Private life 10 year route application and if you require any further assistance or information we will endeavour to assist you with this process.
Apologies for the confusion this has caused.
Yours sincerely