EU PRE-SETTLED STATUS APPLICATION & EU SETTLED STATUS SCHEME

Looking for a highly credible Immigration Solicitor in London for your EU Pre-Settled Status Application? At Chauhan Solicitors you shall get 100% accurate UK Immigration advice and a promising customer service.

Call us on 0203 514 2536 and make an appointment with the best Immigration Lawyer in UK.

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    WHO NEEDS TO APPLY FOR EU PRE-SETTLED STATUS APPLICATION?

    Following persons who have NOT completed at least 5 years of residence in the UK need to apply for EU Pre-Settled Status Application:

    • A relevant EEA citizen; or
    • A family member of a relevant EEA citizen;
    • A family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
    • A person with a derivative right to reside; or
    • A person with a Zambrano right to reside; or
    • A family member of a qualifying British citizen; or
    • A family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and

    EU Pre-Settled Status Application Suitability Requirement

    The Home Office may refuse the application for pre-settled status for the following reasons:

    • The applicant is subject to a deportation order
    • The applicant is subject to an exclusion order or exclusion decision
    • The applicant has provided false or misleading information, representations with the application.

    PRE EU SETTLED STATUS APPLICATION

    EU PRE-SETTLED STATUS APPLICATION & EU SETTLED STATUS SCHEME

    All EEA Nationals, and their present or former family members, need to make an application for either the Settled Status or Pre-Settled Status under the EU Settlement Scheme.

    Deadline to Make PRE EU Settled Status Application

    The deadline to make a Settled Status Application or Pre EU Settled Status Application is 30 June 2021.

    WHO NEEDS TO APPLY FOR EU SETTLED STATUS APPLICATION?

    • The EEA Nationals, their family members and those family members who have retained their right of residence in the UK and have Permanent Residence granted under the EEA Regulations provided no supervening event has occurred.
    • The EEA Nationals, their family members and those family members who have retained their right of residence in the UK and have Indefinite leave to enter or remain in the UK.
    • The EEA Nationals, their family members and those who have retained their right of residence in the UK or a person with a derivative right to reside or is a person with a Zambrano right to reside or is a person who had a derivative or Zambrano right to reside and has completed a continuous qualifying period of five years, provided no supervening event has occurred.
    • The EEA national has ceased his activity and since then no supervening event has occurred.
    • A family member of a relevant EEA citizen who has died and the relevant EEA citizen was resident in the UK as a worker or self-employed person at the time of their death; and the relevant EEA citizen was resident in the UK for a continuous qualifying period of at least two years before dying, or the death was the result of an accident at work or an occupational disease; and
      the applicant was resident in the UK with the relevant EEA citizen immediately before their death and since then no supervening event has occurred.
    • A family member of a qualifying British citizen or a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen and the applicant has a documented right of permanent residence and no supervening event has occurred.

    WHAT IS A SUPERVENING EVENT?

    A supervening event means that, at the date of application:

    • a) the applicant has been absent from the UK and Islands for a period of more than five consecutive years (at any point since they last acquired the right of permanent residence in the UK under Regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application thereof section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man, or since they last completed a continuous qualifying period of five years); or
    • (b) any of the following events has occurred, unless it has been set aside or no longer has effect in respect of the person:
    • (i) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the Immigration (European Economic Area) Regulations of the Isle of Man); or
    • (ii) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1) of the EEA Regulations (or the equivalent decision, subject to the equivalent qualification, under the Immigration (European Economic Area) Regulations of the Isle of Man); or
    • (iii) an exclusion decision; or
    • (iv) a deportation order, other than by virtue of the EEA Regulations; or
    • (v) an Islands deportation order; or
    • (vi) an Islands exclusion decision

    Suitability Requirement for EU Settled Status Application

    The Home Office may refuse the application for settled status for the following reasons:

    • The applicant is subject to a deportation order
    • The applicant is subject to an exclusion order or exclusion decision
    • The applicant has provided false or misleading information, representations with the application

    If you want to know more about EEA Regulations Applications, Click Here

    EU SETTLEMENT SCHEME APPLICATION REFUSAL ADMINISTRATIVE REVIEW AR

    EU SETTLEMENT SCHEME APPLICATION

    Since appeal rights have been taken away from most of the immigration categories, applicants applying for settled or pre-settled status under the EU Settlement Scheme are given the right of administrative review if the Home Office decides to refuse the EU Settlement Scheme Application.

    This is a procedure where the applicant is given an opportunity to challenge the refusal by providing relevant arguments, or documents in some cases.

    It is mandatory for the Home Office to give reasons of refusal along with the notice of the decision and to inform the applicant about their rights of administrative review against the refusal of the EU Settled scheme application.

    The reasons of refusal shall disclose all the issues/concerns of the Home Office which have been identified by the immigration officer on the basis of the information/documents provided by the applicant or the information already held on record by the Home Office.

    Time to Lodge Administrative Review AR against EU Settled Status refusal

    The applicants are required to make an administrative review application within 14 calendar days to the Home Office.

    It is really important to meet the deadline as otherwise, the Home Office may reject the application unless exceptional reasons for the delay are provided.

    Time to Lodge Administrative Review AR against EU Settled Status refusal

    One has to carefully consider and draft the grounds on which he or she may rely in their administrative review applications against refusal of EU settled status application.

    This is an opportunity for the applicant to address all the concerns and issues raised in the notice of the decision of the EU Settled status application. It would also be useful to refer to the information or the documents already provided with the said application and highlighting any relevant sections and provide a detailed explanation addressing the issues.

    Drafting grounds of administrative review is a specialized area of immigration work and should therefore be left for the experts to handle it.

    The outcome of administrative review AR

    Once Administrative review AR is lodged, a different caseworker considers the grounds of administrative review and may have one of the following outcomes:

    1. The Home Office may overturn the original EU Settled status refusal decision and issue Settled Status to the applicant.
    2. The Home Office may maintain the original decision along with all the reasons of refusal; or
    3. The Home Office may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
    4. The Home Office may maintain the decision but with different or additional reasons to those specified in the decision under review.

    Effect of Administration Review in Refusal of EU Settled Status Application

    The applicant’s leave to remain stays in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the administrative review, provided the applicant had valid leave to remain prior to making the application.

    The Applicant will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

    Further Options

    If the decision-maker maintains the decision of refusal, the applicant may make a fresh application within 14 days from the date of the refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision-maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

    Again, it is extremely important to seek professional help in making a decision whether to make a fresh visa application or to proceed in the Judicial review or to choose both, depending on the individual’s circumstances.

    Why to instruct Chauhan Solicitors to Apply for EU Pre-Settled and EU Settled Status scheme

    We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for EU Pre-settled and EU Settled Status Scheme.

    Tailor-made Solutions for you

    No two immigration matters can be the same. We have a tailor-made solution for every immigration matter and in order to achieve the best outcome, we follow a strict strategy.

    Our Working Strategy

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    Assessment of your Immigration Matter:

    As a starting point, we carefully assess merits of your intended visa application, further leave to remain, immigration appeal, Judicial Review or any other immigration matter, as the case may be. 

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    Immigration Advice:

    Upon assessment of your matter, we advise you on the most appropriate way forward by keeping in view your personal circumstances and the relevant law.  

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    Engagement of Our Immigration Services:

    Once engaged, we shall provide you with a comprehensive list of documents / information required for preparing your immigration application, immigration appeal, Immigration Judicial Review and Administrative Review, as the case may be. 

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    Review of Information and Documents:

    We then very carefully review the requested documentation and information and make sure that your application etc. is aligned with the relevant laws. In immigration appeal or Judicial Review matters, we discuss suitability of the immigration barristers for the particular matters. 

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    Representations:

    We believe that for any successful UK visa application, leave to remain application, UK immigration appeals, immigration Judicial Review or Admin Review, it is pivotal that you are thoroughly & efficaciously represented. For the same reasons, we very carefully draft your covering letters, Grounds of Appeal, Grounds of Judicial Review or Skeleton Arguments etc. in order to conclude your immigration matters successfully.

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    Follow-ups:

    Once the immigration matter is submitted or filed, when & where necessary, we keep tabs on the Home Office or the Immigration Tribunals and update you accordingly. 

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    Outcome of your Immigration Matter: 

    The outcome of the matter is followed with a need of further advice in respect of making a further application in the future or complying with a list of do’s and don’ts. Our team of best immigration solicitors take care of that diligently..

    We are confident about our services

    We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialize in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our excellent REVIEWS vouch for our legal competence, vast knowledge, and diligent work attitude.

    We have hundreds of satisfied clients. According to our clients, we are the Best Immigration Solicitors in London. We invite you to view our online REVIEWS allowing you to make an informed choice when instructing one of the best London immigration solicitors to represent you.

    Our team of best Immigration Solicitors of London is just a phone call away at 0203 514 2536 or info@chauhansolicitors.com