Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse
No announcement yet.

EU Presettled status application refused - Need some help please

Collapse
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • LAWYER RESPONSE EU Presettled status application refused - Need some help please

    Hi, My application for Pre-Settled status has been refused with no clear reason. It says they tried to contact me 4 times but i only received 2 emails which i promptly responded to within 7 days window and had no telephone call etc. The documents i provided as proof

    UK bank statement : as i just moved in Nov 20 there was no transactions by the time i received my card and bank details so its a bank statement with my name and UK address but no transactions. I called the helpline and they advised that it is not acceptable as no transactions.
    Invoice / Receipt for fee paid to accountant: I consulted an Accountant to help setup for work he gave invoice for consultation and payment receipt as proof. The EU resolution team mentioned that case worker has put a note that as this has no VAT number hence not considered valid which i am not sure as contacted Accountant and he said its same

    I received the email then saying they need detail of transactions on statement so to support that i explained there's been no transactions on UK statemen as i used my EU bank card and provided them the bank statement showing transactions occurred in UK including cash withdrawal showing the cash machine and UK reference. Upon querying after receiving refusal i have been advised that as the statement is for EU bank Caseworker didn't think its relevant.

    I also provided printed invoice for my Ferry ticket. Case worker comment is that it doesn't prove i boarded as well hence not acceptable

    A letter from GP in Apr 21 inviting for vaccine. Case worker comment is that it doesn't have any date on it. Now the letter is from NHS and if they chose not to put a date i am not sure what to do.

    After lots of jargon below is the jist of response received.

    "We attempted to contact you 4 times by email, text and telephone between 01 June
    2021 and 31 August 2021 to ask for the evidence specified above, but what you have
    provided is insufficient.
    It is considered that the information available does not show that you meet the eligibility
    requirements for settled status set out in rule EU11 or for pre-settled status set out in rule
    EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.
    Therefore, your application has been refused under rule EU6."

    My key question is what are my options. There are 3/4 pieces of evidence and i don't have many more as i stayed with a friend free of cost, struggled hard to find any work as UK was in lockdown so after spending 3 months i came back hoping once lockdown opens then i can come back. Applied for the EUSS in Apr and received the final decision last saturday. I have been advised i can either apply for administrative review or reapply. Please advise what would be better option and how i go about it. thanks

  • #2
    Originally posted by Abeer15 View Post
    Hi, My application for Pre-Settled status has been refused with no clear reason. It says they tried to contact me 4 times but i only received 2 emails which i promptly responded to within 7 days window and had no telephone call etc. The documents i provided as proof
    Afternoon,

    I'm very sorry to hear that.

    Originally posted by Abeer15 View Post
    UK bank statement : as i just moved in Nov 20 there was no transactions by the time i received my card and bank details so its a bank statement with my name and UK address but no transactions. I called the helpline and they advised that it is not acceptable as no transactions.
    I'm afraid statements are only useful if they show transactions in the UK, even if it's a non UK account. As you were here for several weeks before the end of last year, surely you'd have made some transactions in the UK using your non UK bank or credit card account, those should also be acceptable as long as they show the transactions were in the UK, even a single one, as the requirement was only to show one day here before the end of last year.


    Originally posted by Abeer15 View Post
    Invoice / Receipt for fee paid to accountant: I consulted an Accountant to help setup for work he gave invoice for consultation and payment receipt as proof. The EU resolution team mentioned that case worker has put a note that as this has no VAT number hence not considered valid which i am not sure as contacted Accountant and he said its same
    Is your accountant VAT registered? If so, his receipt should have his VAT number, but it's also essential that this receipt shows you saw him in person in the UK before the end of last year, otherwise it wouldn't prove your presence here, for example, if you consulted him online or over the phone, regardless of VAT number.


    Originally posted by Abeer15 View Post
    I received the email then saying they need detail of transactions on statement so to support that i explained there's been no transactions on UK statemen as i used my EU bank card and provided them the bank statement showing transactions occurred in UK including cash withdrawal showing the cash machine and UK reference. Upon querying after receiving refusal i have been advised that as the statement is for EU bank Caseworker didn't think its relevant.
    Actually, that was wrong, some members were told last year that the transactions had to be from a UK bank account, I queried it with them since this isn't indicated anywhere in the documents list, and they conceded that they had been wrong and no UK bank account transactions are acceptable as long as they show being made in the UK, those members were granted pre-settled status.


    Originally posted by Abeer15 View Post
    I also provided printed invoice for my Ferry ticket. Case worker comment is that it doesn't prove i boarded as well hence not acceptable
    That's correct, merely booking a flight, ferry, Eurostar, hotel, etc. doesn't actually show you were here, that's why additional documents, such as boarding passes, are required.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3

      Originally posted by Abeer15 View Post
      A letter from GP in Apr 21 inviting for vaccine. Case worker comment is that it doesn't have any date on it. Now the letter is from NHS and if they chose not to put a date i am not sure what to do.
      The evidence had to be from last year, as you had to show being here before the end of December.



      Originally posted by Abeer15 View Post
      After lots of jargon below is the jist of response received.

      "We attempted to contact you 4 times by email, text and telephone between 01 June
      2021 and 31 August 2021 to ask for the evidence specified above, but what you have
      provided is insufficient.
      It is considered that the information available does not show that you meet the eligibility
      requirements for settled status set out in rule EU11 or for pre-settled status set out in rule
      EU14 of Appendix EU to the Immigration Rules. This is for the reasons explained above.
      Therefore, your application has been refused under rule EU6."

      My key question is what are my options. There are 3/4 pieces of evidence and i don't have many more as i stayed with a friend free of cost, struggled hard to find any work as UK was in lockdown so after spending 3 months i came back hoping once lockdown opens then i can come back. Applied for the EUSS in Apr and received the final decision last saturday. I have been advised i can either apply for administrative review or reapply. Please advise what would be better option and how i go about it. thanks
      Melissa V (lawyer) As noted in post above, they were here since November 2020 and have transactions on foreign bank account statements, which were accepted from other members after I queried it, those members were granted pre-settled status on the basis of these transactions, yet this caseworker didn't think they were relevant!

      Would you recomment and admin review or an appeal?

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Olga M (lawyer) Would you be able to comment on this?

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          There are some caseworkers who are very hard to please.
          I would advise to apply for a review. Especially if bank statements show transactions in the UK which should have been accepted. What about passenger locator form and COVID tests on arrival? It was requirement last year and in November we had a lockdwn.

          I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Olga M for full details.

          Comment

          Working...
          X