Congrats Mint2020. I am so happy for you!
Meanwhile, I got my own rejection today. I have been in the UK for almost 8years, and changed visas different times during this period, as my initial entry was based on partner student visa.
I currently have a spouse/partner LTR valid till Sept 2021 . I have 2 British kids, partner got ILR in 2016 so son became British in 2017 and daughter in 2017 when she was born. I applied under the scheme based on being the primary carer of the kids, father is basically 95% absent in their lives so I have taken the role of both parents in a way, while he has assumed the role of just provider.(Note that we still live in the same household tho)
I put in my application and will share timelines below. I am confused though. Why will HO ask me to go do biometrics after I included my BRP in the application and later give an unsuccessful outcome. Why did my responses come after checking for progress(or is it coincidence, twice tho). Should I go for an administrative review or just forget about it and renew my visa as normal in Sept. What are your honest thoughts please? Please help
02/11/2020: Submitted postal application
19/11: I was asked to provide biometric info
19/12:I went to a UKVCAS centre to have this done(PAID 110 FOR IT AS THERE WAS NO FREE SLOT)
12/01: LTR dated for a certificate of application
12/01&05/02: I checked on progress of application via online submission
06/02: I received a refusal email pasted below:
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 xxx, 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’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.
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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
16/09/2021. This leave was granted under Spouse of a Settled/Refugee/HP
Person, 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.
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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.
