Hello everyone,
@Snooky and every senior member pls.
Hope you're all good. Please I've just received a decision of my long applied EUSS(Application originally submitted last year September) and was refused.
I want your opinion on what best step to take as I've been given the option of judicial review, another application or an appeal. Below is the detailed decision I received via email. Thank you for your ongoing support.
EU settlement application made September 2019
Refused October 2020
DFR1 application July 2020
Refused September 2020
Appeal submitted September, waiting for hearing date.
"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 (Name of child), your sponsor, (Name of child), and (Name of child). 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, each 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 not demonstrated that (Name of child) would be unable to remain in the UK if you left the UK for an indefinite period.
You can only be considered a ‘person with a Zambrano right to reside’ where (Name of child) would be unable to reside in the UK or the European Economic Area (EEA) if you were required to leave the UK for an indefinite period.
In order to demonstrate that (Name of child) would be unable to reside in the UK or EEA if you left the UK for an indefinite period, you must be able to show that you would be required to leave the UK as you had no other means to remain lawfully in the UK as her primary carer.
An EU Settlement Scheme application based on a Zambrano right to reside will be refused where there is a realistic prospect that an application for leave to remain under Appendix FM to the Immigration Rules, or otherwise relying on Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR), would succeed. This is because if you are able to obtain leave to remain in the UK on one of these bases, you will not be required to leave the UK, which means (Child’s name) will not be compelled to leave the UK or the EEA.
You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have not made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.
An Appendix FM application or Article 8 ECHR claim will be considered to have a realistic prospect of success where the applicant has family life in the UK with a British citizen and there is no apparent reason why such an application or claim would be refused.
Although you previously applied for leave, and were refused under Human Rights - Article 8 on 30 September 2013, Leave Outside the Rules on 5 December 2016 from the information and evidence provided or otherwise available, it is considered that your circumstances have changed since those decisions were made.
This is because, since making those applications, your sponsor has gained British citizenship on 11 April 2019. Therefore, an Appendix FM application is available to you, with (Child’s name) as your sponsor.
Following your change of circumstances, it is considered that such an application or claim may have a realistic prospect of success in your case because it is accepted, for the purposes of your EU Settlement Scheme application, that you are the primary carer of a British citizen child and because there is no apparent reason why an Appendix FM application or Article 8 ECHR claim may be refused.
Please note that this assessment is without prejudice to the outcome of any future Appendix FM application or Article 8 ECHR claim you may submit which will be determined on the basis of its individual merits.
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.
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/contactukvi-inside-outside-u ... led-status.
If you wish to apply on another basis, you may be able to apply online at applyfor-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-settlementscheme ... ive-review.
The administrative review application form is available online at:
https://visasimmigration.service.gov.uk ... min-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.
If you have any questions or would like to discuss this letter, you can call the EU Settlement Resolution Centre anytime from Monday to Friday (excluding bank holidays), 8am to 8pm Saturday and Sunday, 9:30am to 4:30pm.
Opening hours during bank holidays can be found on gov.uk:
www.gov.uk/contact-ukvi-inside-outside- ... led-status:
Calling from inside the UK: 0300 123 7379
Calling from outside the UK: +44 203 080 0010
Further details on contacting us can be found on our website:
www.gov.uk/contact-ukvi-inside-outside-uk/y"
