EU Settlement Scheme
PO Box 2075
Liverpool
L69 3PG
Tel 0300 123 7379
Web
www.gov.uk/settled-status-eu-citizensfamilies
Application Reference
Date 10 February 2022
Dear xxxxx xxxxxx
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 xxxxxx xxxxxxx xxxxxx xxxxxx. 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 xxxxxx xxxxxxx xxxxxxx 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 xxxxxxx xxxxxxx xxxxx xxxxxx in your absence. In your application form, you state
that xxxxxx xxxxxxx xxxxxxx xxxxxxxxx father xxxxxxx xxxxxx also resides
with yourself and xxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxx has
previously been granted ILR in the UK and is settled in the UK. As xxxxxx xxxxxx xxxxxx father has ILR and resides with your sponsor,
xxxxxx xxxxxx xxxxxxx 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.
Next steps
You can 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.
You can appeal on the basis that the decision is not in accordance with the EU
Settlement Scheme rules, or that it breaches any rights you have under the
Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss
Citizens' Rights Agreement.
Information and support on how to appeal, the process, and the fees payable
are all available online at
https://www.gov.uk/immigration-asylumtribunal/
overview.
You can get help and advice from a solicitor or an immigration adviser. You can
also contact Citizens Advice. If you are not getting help from a legal
representative you can read the guide on representing yourself. See
https://www.gov.uk/represent-yourself-in-court for further information.
Should you appeal against this decision within the relevant timeframe for
making an appeal, you can continue to rely on your Certificate of Application as
evidence of your residence rights under the Withdrawal Agreement, the EEA
EFTA Separation Agreement, or the Swiss Citizens' Rights Agreement until
your appeal is finally determined.
Alternatively, you can apply for 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, unless you are detained on that date you
receive this decision in which case you have seven calendar days from that
date 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:
https://www.gov.uk/guidance/eusettlement-
scheme-apply-for-an-administrative-review.
The administrative review application form is available online at:
https://visasimmigration.
service.gov.uk/product/administrative-review.
If you do not appeal now and do apply for an administrative review you will be
able to appeal later if your administrative review is unsuccessful. You can only
appeal once. If you appeal now and apply for administrative review, you will not
be able to appeal later. Your administrative review decision will give you further
details on how to appeal.
If you apply for an administrative review and do not appeal now you can
continue to rely on your Certificate of Application as evidence of your residence
rights until either:
• the time limit for appealing after you receive your administrative review
decision has passed; or
• if you appeal following the administrative review decision, until the appeal
is finally determined.
Making a further application
If the deadline for you to apply has not yet passed and you have additional
information or evidence that shows you meet the requirements, you can make
another application under the EU Settlement Scheme online at: https://applyfor-
eu-settled-status.homeoffice.gov.uk.
The relevant deadline for an application to have been made was normally 30
June 2021 for those applying based on their UK residence before 23:00 GMT
on 31 December 2020. To be eligible to make a further application, the deadline
that applies to you must not have passed unless you have reasonable grounds
for not making a further application by the relevant deadline. Please see
https://www.gov.uk/settled-status-eu-citizens-families for guidance on the
relevant deadline that applies to you.
Applications are free of charge.
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- ... entscheme-
settled-and-pre-settled-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.
Yours sincerely,
NWEURO1
On behalf of the Secretary of State
Data protection
The Data Protection Act 2018 governs how we use personal data.
For details of how we will use your personal information and who we may share
it with please see our Privacy Notice for the Border, Immigration and Citizenship
system at
www.gov.uk/government/publications/pers ... inborders-
immigration-and-citizenship
This also explains your key rights under the Act, how you can access your
personal information and how to complain if you have concerns.
Further information
For further information or if you have any queries, our contact details are on our
website:
https://eu-settled-status-enquiries.ser ... v.uk/start.
