Rejected Twice

[Nasma01]

Hi

I hope someone here would help me and I would be eternally grateful for any advise offered to me.

I came to the UK in 2016 and upon arrival No Time Limit Vignette was stamped in my passport. A few months I wanted to know whether i should apply for a residence card or not, i went to the solicitor who advised me that I shouldn't apply because A No time limit stamp was equivalent to indefinite leave to remain. In 2020 when I applied under the EU Settlement Scheme for a status, I was rejected after months of waiting. I applied again in 2023 and I was rejected.


Here is what home office said when they rejected me twice.


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. To qualify under the EU Settlement Scheme as a family member of a qualifying British citizen, you need to show that you had the status of ‘family member’ or ‘extended family member’ during all or part of your joint residence with the qualifying British citizen in the EEA host country. You state that you are a durable partner of a relevant sponsor. However, you have not provided sufficient evidence to confirm this. The reasons for this are explained below.


The required evidence of family relationship for a durable partner of a relevant
sponsor is a valid registration certificate, family permit (or a letter from the
Secretary of State, issued after 30 June 2021, confirming their qualification for
one) or residence card issued under the EEA Regulations (or an equivalent
document or other evidence issued by the Bailiwick of Jersey, the Bailiwick of
Guernsey or the Isle of Man), a valid EU Settlement Scheme biometric
residence card, or an EU Settlement Scheme Family Permit, as the durable
partner of that relevant sponsor and evidence which satisfies the Secretary of
State that the partnership remains durable at the date of application (or did so
for the period of residence relied upon).
Home Office records do not show that you have been issued with a registration
certificate, family permit (or a letter from the Secretary of State, issued after 30
June 2021, confirming your qualification for one) or residence card under the
EEA Regulations as the durable partner of the relevant sponsor and you have
not provided an equivalent document or other evidence issued on this basis by
any of the Islands. Our records also do not show that you have been granted an
EU Settlement Scheme biometric residence card, or an EU Settlement Scheme
Family Permit, as the durable partner of the relevant sponsor.
As you do not hold a relevant document, you must meet the criteria below:
• you were not resident in the UK and Islands as the durable partner of a
relevant sponsor on a basis which met the definition of ‘family member of
a relevant EEA citizen’ in Annex 1 to Appendix EU at any time before
23:00 GMT on 31 December 2020, unless the reason you did not meet
that definition is because you did not hold a relevant document and you
did not otherwise have a lawful basis of stay in the UK and Islands for
that period; or
• you were resident in the UK and Islands before that date and time, and
one of the events relating to absences from the UK and Islands
described in paragraph (b)(i) or (b)(ii) of the definition of ‘continuous
qualifying period’ or in paragraph (a) of the definition of ‘supervening
event’ occurred, following which you were not resident in the UK and
Islands again before that date and time.
Where these criteria are met, the Secretary of State must be satisfied by
evidence provided by you that the partnership was formed and was durable
before 23:00 GMT on 31 December 2020, and that the partnership remains
durable at the date of application (or did so for the period of residence relied
upon). However you do not meet this criteria for the following reasons:
• you were not resident in the UK and Islands as the durable partner of a
relevant sponsor on a basis which met the definition of ‘family member of
a relevant EEA citizen’ in Annex 1 to Appendix EU at any time before
23:00 GMT on 31 December 2020, and you did not otherwise have a
lawful basis of stay in the UK and Islands for that period;
We have also considered whether you are the spouse of a qualifying British
citizen, however no evidence of this has been provided.


Furthermore, to qualify under the EU Settlement Scheme as a family member of
a qualifying British citizen, you need to show that you resided in the EEA
country with the qualifying British citizen while the qualifying British citizen
exercised free movement rights as an employed person, self-employed person,
self-sufficient person or student or held a right of permanent residence there
under EU law.
You state that you resided with the qualifying British citizen in Norway between,
but you have not provided any evidence to confirm this. You have not provided
any evidence of joint residence in the EEA state.
In addition, to qualify under the EU Settlement Scheme as a family member of a
qualifying British citizen, you need to show that the joint residence of you and
the qualifying British citizen in Norway was genuine. Factors relevant to whether
or not your joint residence was genuine include:
• whether the centre of the qualifying British citizen’s life transferred to the
EEA country;
• the length of the joint residence in the EEA country;
• the nature and quality of your and the qualifying British citizen’s
accommodation in the EEA country, and whether it is or was the
qualifying British citizen’s principal residence;
• the degree of your and the qualifying British citizen’s integration in the
EEA country;
• whether your first lawful residence in the EU with the qualifying British
citizen was in the EEA country.
However, you have not provided any evidence to confirm this.
Consideration has been given as to whether you qualify for settled status on the
basis of completing a continuous qualifying period of five years’ residence in the
UK as a family member of a qualifying British citizen (during which you were in
the UK lawfully by virtue of regulation 9(1) to (6) of the Immigration (European
Economic Area) Regulations 2016), or as a family member who has retained
the right of residence by virtue of a relationship with a qualifying British citizen,
or for a combination of those categories.
A five-year ‘continuous qualifying period’ means that for five years in a row you
(and the qualifying British citizen, for any period you have been their family
member) have been in the UK for at least six months in any 12-month period.
An exception to that is one period of up to 12 months’ absence from the UK for
an important reason (for example, pregnancy, childbirth, serious illness, study,
vocational training or an overseas work posting), or an absence of any length:
• on compulsory military service; or
• on a posting on Crown service, including as a member of HM Forces; or

• as a spouse, civil partner, durable partner, or child, accompanying the
British citizen on Crown service, including a member of HM Forces.
To qualify for pre-settled status, you need to show you have completed a
continuous qualifying period of less than five years’ residence in the UK. This
means that you need to be currently completing your continuous qualifying
period in the UK: you must be or have been resident in the UK, and any
absences from the UK have not exceeded six months in any 12-month period
(apart from the exceptions listed above).
Although you have provided evidence that show you were in the UK between
April 2018 and March 2020 and March 2021 and June 2023, this is not a
continuous qualifying period.
Therefore, you do not meet the requirements for settled status or pre-settled
status as a family member of a qualifying British citizen.
It is considered that the information available does not show that you meet the
eligibility requirements for settled status set out in rule EU12 of Appendix EU to
the Immigration Rules or those for pre-settled status are set out in condition 2 of
rule EU14 of that Appendix. Therefore, you have been refused settled status
and pre-settled status under rule EU6.

[vinny]

NTL just confirms Indefinite Leave. It doesn’t confer anything. Therefore, it’s not equivalent to Indefinite Leave to Enter or Remain. If you didn’t have ILE nor ILR, then it was endorsed in error. Then it’s unlikely that you may benefit from it.

It may be more helpful if you explained your background, history and circumstances.

[Nasma01]

Many thanks for replying to me.

I am non EU I resided in Norway with my British spouse who was working exercising treaty rights there for over a year, had my first child there and was granted a Residency card for a family member. When I came to the UK in 2016 at the airport my passport was stamped with No Time Limit. I went to the solicitor after a few months of settling in and he advised me not to apply for a residence card then because of the No Time Limit.

Then I applied for a status in 2020 (EU Settlement Scheme) but I was rejected twice.

1. They claim that to qualify under the EU Settlement Scheme as a family member of
a qualifying British citizen, you need to show that you resided in the EEA
country with the qualifying British citizen while the qualifying British citizen
exercised free movement rights as an employed person, self-employed person,
self-sufficient person or student or held a right of permanent residence there
under EU law.

I did provide proof of his payslips in Norway and job contract. I also proved I resided with him as we stayed at the same address and had my first child there, plus a residence card of family member.


2. To qualify under the EU Settlement Scheme as a family member of a qualifying British citizen, you need to show that you had the status of ‘family member’ or ‘extended family member’ during all or part of your joint residence with the qualifying British citizen in the EEA host country.

I did show I had status because of the Residency card I had in Norway as family member.

In the letter they claim that you were not resident in the UK and Islands as the durable partner of a
relevant sponsor on a basis which met the definition of ‘family member of
a relevant EEA citizen’ in Annex 1 to Appendix EU at any time before
23:00 GMT on 31 December 2020, unless the reason you did not meet
that definition is because you did not hold a relevant document and you
did not otherwise have a lawful basis of stay in the UK and Islands for
that period;

But I have been in the UK since 2016 had have had my three kids here plus one in Norway. I do get council bill tax in my name, I'm on house contract and I have travelled outside the country before and returned before any issues. I don't understand how I'm not a resident.

[vinny]

If you were a spouse (via marriage) of a British citizen at before your initial entry in 2016, then you were a family member of a qualifying British citizen as a spouse and not as a durable partner. Did you also enclose your marriage certificate with the applications? When and how long were your absences from the UK since 2016? If you didn’t break you continuous qualifying period e.g. by being absent for less than 6 months in a given 12-month period, then you should have succeeded.

The erroneous NTL (No time Limit) endorsement may have confused everyone. But it should also have been a reasonable excuse for any late applications.

Do Appeal.

[Nasma01]

Thanks greatly, much appreciated. My marriage certificate is Islamic Nikah certificate but it is not accepted that's they considered me a durable partner.

My absences since 2016 don't even total up to three months.

[vinny]

Where did the marriage take place? Was it acceptable as a lawful marriage there?

The erroneous NTL has a lot to answer for.

Try appealing.

[Nasma01]

Thanks again. The islamic marriage took place in Romania in 2013 and I moved to Norway where my British spouse worked and yes the marriage was recognized in Norway and I was granted a residence card for family member of EU citizen.

About the appeal, they claim sending me an email about my decision on 20 November 2023 but I never received the email, after new year when I tried following it up by calling them and I got to know I was rejected. I told them I was going to appeal and they said I couldn't appeal because it had passed time and I also told them about making new application and I was told it was not possible. I'm really confused on what to do. I have applied twice and been rejected.

[vinny]

Overseas marriage and civil partnerships

A marriage or civil partnership which has taken place overseas is recognised where:

• the type of marriage or civil partnership is recognised in the country in which it took place
• the marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place
• there is nothing in the laws of either person’s country of domicile at the time of the marriage or civil partnership which prevents the marriage or civil partnership being recognised
• any previous marriages or civil partnerships of the couple have broken down permanently

If the Islamic marriage in Romania was recognized in Romania, etc., then the UK should also recognize it.

[vinny]

If you didn’t receive the refusal decision until you recently called them, then you could try appealing anyway, explaining the circumstances. Let a judge decide whether or not to accept your appeal.

[Nasma01]

Yes I didn't receive it until after I called them. About the marriage in Romania I am not sure it was recognized as I moved to Norway and my husband started working there, I got a residence card for family member of EU and then I came here in the UK. I applied the first in 2019 and got rejected and I applied again in 2023 and got rejected again.

[vinny]

Do try to appeal.

If the marriage was recognized in Romania, etc., then your position may be stronger. Try to find out. Get evidence from Romania.

Moreover, the NTL endorsement had prevented you from making an in-time EEA residence card application under the EEA regulations. Hopefully, a judge may decide in your favour.

[vinny]

01 Marriage in Romania: the basics

Where can I get married in Romania?
Romania has a civil law system, and according to its Constitution, civil marriage is the only legally valid form. This means that any kind of religious marriage is not valid.

Everything you need to know about marriage in Romania

The country only recognizes marriages between two heterosexual people. This implies that only monogamous and heterosexual relationships and marriages are recognized and protected under the laws of Romania. A civil ceremony is the only type of marriage that is legally binding in the country.

Doesn’t look hopeful?