EU refusal letter:
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 your daughters XXXXX and XXXXX. 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 ICD.5298 2 of 5 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 paragraph 1, 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’, between March 2008 and June 2021. However, you did not meet the definition throughout this period.
Home Office records show that both of your daughters acquired British Citizenship on December 2019 . Therefore, your continuous qualifying period as a person with a Zambrano right to reside, provided you had met the criteria as such, would have started on December 2019. The reason for this is that, at the specified date and at the date of your application, 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 enter or remain in the UK on June 2019 valid until November 2021 under Family/Private Life Rules ( Appendix FM).
As this means your application as a ‘person with a Zambrano right to reside’ cannot succeed, we have not considered the rest of the eligibility requirements for this category of the EU Settlement Scheme. 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 these other eligibility requirements and your application has, therefore, been refused under rule EU6 of that Appendix