EU PRE-SETTLED STATUS APPLICATION & EU SETTLED STATUS SCHEME

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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:

  1. A relevant EEA citizen; or
  2. A family member of a relevant EEA citizen;
  3. A family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
  4. A person with a derivative right to reside; or
  5. A person with a Zambrano right to reside; or
  6. A family member of a qualifying British citizen; or
  7. A family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and

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.

EU SETTLED STATUS APPLICATION

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 EU Settled Status Application

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

WHO NEEDS TO APPLY FOR EU SETTLED STATUS APPLICATION?
  1. 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.
  1. 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.
  1. 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.
  1. The EEA national who has ceased his activity and since then no supervening event has occurred.
  1. 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.
  1. 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 there of 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

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.

EU SETTLEMENT SCHEME APPLICATION REFUSAL ADMINISTRATIVE REVIEW AR

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 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 decision and to inform the applicant about their rights of administrative review against the refusal of 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 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.

Grounds of Administrative Review AR

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 decision of 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.

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 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 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, specialising 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.

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