Dear....
Thank you for your application under 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 (child name) and (child name). 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 children’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 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:
You can only be considered a ‘person with a Zambrano right to reside’ where (British citizen child name) would be unable to reside in the UK or the European Economic Area (EEA) for an indefinite period.
In order to demonstrate that (child name) 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, which means (child name) 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 applicant 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.
Ours records show that you have made an attempt to regularise your status in the U.K. through an application under Appendix FM on 7 May 2019, however, this application was withdrawn before a decision was made to assess your application and your family in the UK has not previously been considered under Article 8 ECHR.
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.
As you have not had a decision made on an Appendix FM application or an Article 8 ECHR claim in these circumstances you have failed to show that you would be required to leave the UK and 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 Tules 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.
Etc...
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.
