Dear All,
Just received my refusal email.
Please advice what to do next thanks.
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.
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.
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. Although this duty cannot on its own
satisfy the eligibility requirements of the EU Settlement Scheme for a person
with a Zambrano right to reside, the children’s best interests have been a
primary consideration in assessing your application.
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 scheme as a ‘person with a Zambrano right to
reside’ (as defined in Annex 1 to Appendix EU) on the basis that you are the
primary carer of a British citizen. There are three key elements which must be
met:
1. you must meet the requirements of that definition throughout the
continuous qualifying period in the UK in which you rely on being or
having been a ‘person with a Zambrano right to reside’. Broadly, the
requirements are that the person meets the relevant conditions of
regulation 16 of the Immigration (European Economic Area) Regulations
2016 (‘the EEA Regulations’) and does not hold leave to remain (unless
this was granted under the EU Settlement Scheme); and
2. that continuous qualifying period in the UK as a ‘person with a Zambrano
right to reside’ must have begun before the specified date (2300 GMT on
31 December 2020), unless you fall within sub-paragraph (b) or (c) of the
definition of a ‘relevant EEA family permit case’ in Annex 1 to Appendix
EU; and
3. you must meet one of the following, either:
(a) your continuous qualifying period in the UK as a ‘person with a
Zambrano right to reside’ must be continuing at the date of your
application to the scheme; or
(b) your continuous qualifying period in the UK as a ‘person with a
Zambrano right to reside’ must have been continuing at the specified
date and ended when you completed a five-year continuous qualifying
period in the UK as such a person (and by the date of your application to
the scheme there has been no supervening event); or
(c) at the date of your application to the scheme, you must be a ‘person
who had a derivative or Zambrano right to reside’, meaning you were a
‘person with a Zambrano right to reside’ immediately before you met
another qualifying category (such as the family member of a relevant
EEA citizen) and have since remained in that or another qualifying
category through to the date of your application to the scheme.
Your application has been refused because you do not satisfy paragraphs 1 and
3, above.
You have claimed to have a continuous qualifying period in the UK, during
which you met the definition of a ‘person with a Zambrano right to reside’, since
March 2007. However, you did not meet the definition throughout this period,
as required in paragraph 1, above.
The reason for this is that, during the period set out above, you did not satisfy
paragraph (b) of the definition of a ‘person with a Zambrano right to reside’ as,
for the purposes of a continuous qualifying period in the UK as a ‘person with a
Zambrano right to reside’, an applicant cannot rely on any period in which they
held non-Appendix EU leave. Our records show that you were granted leave to
remain in the UK on October 2020, valid until April 2023 and on
October 2017 valid until April 2020, and on August 2014 valid until
February 2017, under Appendix FM to the Immigration Rules.
Your application has also been refused because you do not satisfy paragraph 3,
above. Your application form states that you met condition 3 in rule EU11 of
Appendix EU because, as per sub-paragraph (b) of condition 3, you completed
a continuous qualifying period of (more than) five years as a ‘person with a
Zambrano right to reside’, from when your daughter became a British citizen by
birth until August 2014 and, as per sub-paragraph (c) of condition 3, there
has since been no ‘supervening event’ (as defined in Annex 1 to Appendix EU).
Your application questionnaire dated 25 June 2021 also states that you met
sub-paragraph (a) of condition 3 in rule EU11 because, at the date of your
application, you were a ‘person with a Zambrano right to reside’. However, you
did not meet that definition at the date of your application.
The definition of a ‘person with a Zambrano right to reside’ in Annex 1 to
Appendix EU requires that, by the specified date (in your case 11pm on 31
December 2020):
(i) they are (and for the relevant period have been), or
(ii) for the relevant period in which they rely on having been a ‘person with a
Zambrano right to reside’ (before they then became a ‘person who had a
derivative or Zambrano right to reside’) they were:
(a) resident for a continuous qualifying period in the UK with a derivative
right to reside by satisfying the relevant requirements of regulation 16 of
the EEA Regulations; and
(b) without leave to enter or remain in the UK, unless this was granted
under Appendix EU.
This means that, at the specified date, either the person’s continuous qualifying
period in the UK as a ‘person with a Zambrano right to reside’ is continuing or
that period is in the past and they rely on being a ‘person who had a derivative
or Zambrano right to reside’.
Your continuous qualifying period in the UK as a ‘person with a Zambrano right
to reside’ was not continuing at the specified date or at the date of your
application to the EU Settlement Scheme, as you held leave to remain under
Appendix FM at those dates. You therefore do not meet the requirements of (a)
or (b) in paragraph 3, above.
At the date of your application you were not a ‘person who had a derivative or
Zambrano right to reside’ (as defined in Annex 1 to Appendix EU), as you were
not a ‘person with a Zambrano right to reside’ immediately before meeting
another qualifying category under sub-paragraph (a) of condition 3 in rule EU11
and remaining in that or another such category through to the date of
application. You therefore do not meet the requirements of (c) in paragraph 3,
above.
It is considered that the information available does not show that you meet the
eligibility requirements for settled status set out in rule EU11 or for pre-settled
status set out in rule EU14 of Appendix EU to the Immigration Rules. This is for
the reasons explained above.
We have also considered whether you meet any of the other eligibility
requirements under Appendix EU, set out in rule EU11, EU12 and EU14.
However, from the information and evidence provided, or otherwise available,
you do not meet any of the other eligibility requirements and your application
has, therefore, been refused under rule EU6 of that Appendix.
We enclose the following documents that were submitted in support of your
application:
• GBR Birth Certificates
• GBR Death Certificate
• Supporting documents
Next steps
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-settlementscheme ... ive-review.
The administrative review application form is available online at:
www.visas
