Tel 03001237379

Web http://www.gov.uk/ukvi

Our Ref 3434-6563-4284-5467

Date 05 July 2022
MADALIN DAVID

Dear MADALIN DAVID,

Thank you for your application under the EU Settlement Scheme. Your application has
been carefully considered but unfortunately from the information available you do not
meet the requirements of the scheme. I am sorry to inform you that your application has
therefore been refused.
The rest of this letter details the reasons you have 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 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 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-families/eligibility.

Careful consideration has been given as to whether you meet the eligibility requirements
for settled status under the EU Settlement Scheme. The relevant requirements are set out
in rule EU11 of Appendix EU to the Immigration Rules.

Consideration has been given as to whether you qualify for settled status on the basis of
completing a continuous qualifying period of five years’ residence in the UK and Islands.
A five-year continuous qualifying period means that for five years in a row, you were any
combination of the following:

a relevant EEA citizen;

a family member of a relevant EEA citizen;
a family member who retained the right of residence by virtue of a relationship with a
relevant EEA citizen;
a person with a derivative right to reside;
a person with a Zambrano right to reside;

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 a family member of a qualifying British citizen;
a family member who retained the right of residence by virtue of a relationship with a
qualifying British citizen,

and in the UK and Islands for at least six months in any 12-month period. An exception to
that is one period of up to 12 months absence from the UK and Islands for an important
reason (for example pregnancy, childbirth, serious illness, study, vocational training or an
overseas work posting), or an absence of any length:

on compulsory military service; or

on a posting on Crown service, including as a member of HM Forces; or
as a spouse, civil partner, durable partner or child, accompanying a person on
Crown service, including as a member of HM Forces.

However, you have not provided sufficient evidence to confirm that you were resident in
the in the UK and Islands prior to the specified date, as defined in Annex 1 of Appendix
EU (i.e. 2300 GMT on 31 December 2020). Therefore, you do not meet the requirements
for settled status on the basis of a continuous qualifying period of five years.

Careful consideration has been given as to whether you meet the eligibility requirements
for pre-settled status under the EU Settlement Scheme. The relevant requirements are
set out in rule EU14 of Appendix EU to the Immigration Rules.

Consideration has been given as to whether you qualify for pre-settled status on the basis
of completing a continuous qualifying period of less than five years’ residence in the UK
and Islands. However, you do not meet the requirements for pre-settled status because
you have not provided sufficient evidence to confirm that you were resident in the in the
UK and Islands in the six months prior to the specified date, as defined in Annex 1 of
Appendix EU (i.e. 2300 GMT on 31 December 2020). We have therefore been unable to
confirm that you are currently completing a continuous qualifying period of residence in
the UK and Islands.

We attempted to contact you numerous times by email, telephone and text between 14
June 2022 and this 28 June 2022 to ask for the information / evidence specified above,
but what you have provided is not sufficient because no supporting documentation has
been provided to verify the tenancy agreement submitted.

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.

We have also considered whether you meet any of the other eligibility requirements under
Appendix EU. However, from the information and evidence provided, or otherwise
available, you do not meet any of the other these other eligibility requirements and your
application has, therefore, been refused under rule EU6 of that Appendix.

For further information and guidance on what you need to do to continue to live in the UK
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if you're an EU, EEA or Swiss citizen and started living in the UK on or after the 1 January
2021 please visit: https://www.gov.uk/staying-uk-eu-citizen

If you disagree with our decision

Appeal rights
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 www.gov.uk/immigration-asylum-tribunal/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 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.
Administrative review
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: www.gov.uk/guidance/eu-settlement-scheme-apply-for-
an-administrative-review.
The administrative review application form is available online at: visas-
immigration.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.

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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: apply-for-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 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 (SRC):
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/inside-the-uk/eu-settlement-scheme-settled-and-pre-settled-status.
Yours sincerely,
UKVI European Casework
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/personal-information-use-in-borders-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:
www.gov.uk/contact-ukvi-inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-
and-pre-settled-status.

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