EUSS Refusals of Family Permits; Pre-settled Status and Settled Status
If you have recently received a refusal of an EU Settlement Scheme (EUSS) visa, this blog details some of the methods you can use to overturn that decision and obtain successful leave under the EUSS route.
Anyone who makes a valid application under Appendix EU and is refused or is granted pre-settled status (limited leave to enter or remain), will be able to challenge the decision by administrative review and/or by appeal.
Administrative Review
Administrative review is a process that can be used where the applicant believes that the original caseworker has made an error or not followed the published guidance, or where they have new information or evidence in support of their application. You are essentially requesting the Home Office to reconsider their decision. You will not have the right of administrative review against refusals on suitability grounds e.g. criminality.
We commonly use Administrative Review applications in these types of cases where clients have applied without our assistance and the HomeOffice have requested further information by email, with the email not being received by the Applicant, usually because of junk filters. An Administrative Review appliction in these cirucmstances is likely to successful, provided we are able to send the information requested.
The application for administrative review may be made in the UK or abroad within 28 days of the date of the decision. If a person is detained under the Immigration Acts at the time they receive notice of their decision, they will only have 7 days to submit an administrative review.
The fee for an administrative review is £80. This fee is refunded where the review is successful, however, it will not be refunded if the decision is overturned on the basis of new evidence submitted.
Appeal the decision
You can also make an appeal to an independent tribunal. You can only appeal applications made after 11pm on 31 January 2020.
You will have a right of appeal against a decision to refuse an application on eligibility or suitability grounds, or to grant pre-settled status where you believe you qualify for settled status, or where you have settled status or pre-settled status. The appeal route is useful if you have been unsuccessful with an administrative review, but can also be used as well as or instead of an Administrative Review application. It’s useful if the Home Office are unlikely to change their mind on a refusal and you’d like to go before an independent Judge.
An appeal must be made within 14 days from the date the decision was sent if the person is in the United Kingdom or 28 days if the person is outside the United Kingdom.
If an appeal at the First Tier Tribunal is not successful, then it may be possible to further appeal where the judge made an error in their decision. It is normal however in most cases for the First Tier Tribunal to be the last decision in the matter.
Apply again?
Lastly, and often the easiest way to deal with a refusal of an EUSS visa, is to simply apply again. This method is advisable here as it is free to apply. If you have come across new evidence that you failed to submit previously, it is often easier to apply again rather than spending £80 on an administrative review. If you find yourself in this boat, it may be best to obtain some expert advice to go through your application fully and assess if you have all the required evidence for a successful application.
Immigration Joss can help you identify the best route to take if you have been refused an EUSS visa. Contact us now to see if you are eligible for administrative review or an appeal and we will provide you with provide you with expert advice and assistance.