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Appealing a settlement decision

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  • LAWYER RESPONSE Appealing a settlement decision

    Hi, My husband applied for settled status after living in the U.K. since 2014. He submitted the application at the beginning of June 2021. He received an email 2 weeks ago saying that there is no sufficient documentation supporting his claim and thus only pre-settled status can be granted if he does not supply more proof in the next 7 days. As we were out of the country at time we tried to contact the settlement scheme resolution centre but phone calls are basically not answered any time of the day. We wrote a message on the 6th day to ask for a delay of the deadline so that we can submit the requested documents. This message was submitted via the online form one is supposed to communicate through. However next day his settlement application was still closed advising that he received a pre-settled status.
    Could you advise what the best way to appeal this decision is? Thank you

  • #2
    Tim M (lawyer) Would you be able to comment on the above?

    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.

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    • #3
      I’m not sure if my post has been picked up or what the usual answering process/time is?

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      • #4
        Originally posted by Kira View Post
        Hi, My husband applied for settled status after living in the U.K. since 2014. He submitted the application at the beginning of June 2021. He received an email 2 weeks ago saying that there is no sufficient documentation supporting his claim and thus only pre-settled status can be granted if he does not supply more proof in the next 7 days. As we were out of the country at time we tried to contact the settlement scheme resolution centre but phone calls are basically not answered any time of the day. We wrote a message on the 6th day to ask for a delay of the deadline so that we can submit the requested documents. This message was submitted via the online form one is supposed to communicate through. However next day his settlement application was still closed advising that he received a pre-settled status.
        Could you advise what the best way to appeal this decision is? Thank you
        Olga M (lawyer) Would you be able to comment?

        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.

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        • #5
          You can apply for administrative review. Or another option is to apply again for settled status.

          This is the link for information about the review:

          EU Settlement Scheme: apply for an administrative review - GOV.UK

          Hope it helps

          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.

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          • #6
            Thank you, but I already know this as I have searched in the last week waiting for this reply. What’s my question now is which one is the better option - quicker, easier and free solution. The administrative overview seems to cost £80? As our email has been missed they might come back saying there was not enough documentation to cover 5 years which is true. I’m quite surprised though that we had 7 days to provide those but there was no means to communicate with the resolution centre as they did not answer phones and emails. Shouldn’t we have a right to appeal free of charge in such cases?
            Thank you.

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            • #7
              Originally posted by Kira View Post
              Thank you, but I already know this as I have searched in the last week waiting for this reply. What’s my question now is which one is the better option - quicker, easier and free solution. The administrative overview seems to cost £80? As our email has been missed they might come back saying there was not enough documentation to cover 5 years which is true. I’m quite surprised though that we had 7 days to provide those but there was no means to communicate with the resolution centre as they did not answer phones and emails. Shouldn’t we have a right to appeal free of charge in such cases?
              Thank you.
              Olga M

              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.

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              • #8
                No there is no free appeal options.
                The only free option is to reapply for settled status and provide the documents required.

                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.

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                • #9
                  Thank you. It’s a pity as it probably would take another 3 months ? His citizenship application is delayed then as well.
                  We plan to apply to citizenship as soon as possible.
                  But I have just realised that his application might be troublesome. He has been at home with our one year old since January 2021 and there’s no bills on his name. He has been using my card. What can we do to cover this period retrospectively? Or if he gets his settled status say in December 2021 does he only need to prove that he was in the country in the next year (2022)?
                  Thank you again for your help. So much worry…

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                  • #10
                    Originally posted by Kira View Post
                    Thank you. It’s a pity as it probably would take another 3 months ? His citizenship application is delayed then as well.
                    We plan to apply to citizenship as soon as possible.
                    But I have just realised that his application might be troublesome. He has been at home with our one year old since January 2021 and there’s no bills on his name. He has been using my card. What can we do to cover this period retrospectively? Or if he gets his settled status say in December 2021 does he only need to prove that he was in the country in the next year (2022)?
                    Thank you again for your help. So much worry…
                    Morning,

                    You are referring to two separate applications here. For settled status, he can rely on any 5 year period, not just the last 5 years. From your previous post, he was living here since 2014 so he should be able to provide evidence of residence for an earlier period if necessary. I would focus on the settled status application first. He will need to have had settled status for at least 12 months to apply for citizenship. This doesn't mean he will only need to provide evidence of residence for the last year, it is required for the last 5 years before the application, but it's not necessary to cover each and every month. Let's get his settled status sorted to start with.

                    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.

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                    • #11
                      Thank you for the clarification. We will now reapply for settled status.
                      I am however still interested in the possible proof home office would accept for a citizenship application. We did not realise how his staying in the U.K. is not covered with proof so far in 2021, thus I’m worried.
                      Should I post a separate question regarding this?

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                      • #12
                        Originally posted by Kira View Post
                        Thank you for the clarification. We will now reapply for settled status.
                        I am however still interested in the possible proof home office would accept for a citizenship application. We did not realise how his staying in the U.K. is not covered with proof so far in 2021, thus I’m worried.
                        Should I post a separate question regarding this?
                        The application for citizenship will only be possible after 12 months from being granted settled status. There are no exceptions. Sorry.

                        I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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.

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