Date xx February 2022
Dear Miss xxxxx
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 xxxxx xxxxxx xxxxx xxxxx. 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 a British
Citizen living 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:
You have not demonstrated that xxxxx xxxxx xxxxx xxxxxx would be
unable to remain in the UK if you left the UK for an indefinite period because it
is apparent that there is a an alternative carer that could care for xxxxx xxxxxx xxxxx xxxxxx in your absence. In your application form, you state
that xxxx xxxxx xxxxx xxxxx father xxxxx xxxxx also resides
with yourself and xxxx xxxxx xxxxxx. xxxxxx xxxx and is settled in the UK. As xxxxx xxxxx xxxxx xxxxx father has ILR and resides with your sponsor,
xxxxx xxxxx xxxxx xxxxxx would not be required to leave the UK if
you left the UK for an indefinite period.
As there is an alternative carer available for your sponsor, and your sponsor
would be able to remain in the UK if you left for an indefinite period, you do not
meet the requirements to be issued under Zambrano. As a result, your
application falls for refusal on this occasion.
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.