UI2023004851 & UI2023004853

             The appellants appeal with permission against the decision of First-tier Tribunal Judge Prudham, promulgated on 16 October 2023, dismissing their appeals against decisions made by the respondent on 12 April 2023 to refuse to grant them pre-settled status under Appendix EU to the Immigration Rules ("EUSS"). The judge also dismissed the linked appeal of Naufal Mohammed Ashraff (stepfather of the first appellant and father of the second appellant) but he did not seek permission to appeal against that decision.

             On 21 July 2015, Ms Ibrahim was granted leave to enter the United Kingdom under the Inter Company Transfer route. Mr Ashfraff, Hannah and the appellants joined her as her dependants. Their status was later changed. Mr Ashraff was granted leave under the Tier 2 (general) route in 2018; Ms Ibrahim and the appellants were granted leave as his dependents until (initially) March 2023.

             On 19 November 2019 Mr Ashraff, Ms Ibrahim and the appellants submitted applications under EUSS. In the case of the appellants, this was on the basis that they are dependents of a "Chen" primary carer, that is Ms Ibrahim and Mr Ashraff.

             On 18 December 2020 Mr Ashraff and Ms Ibrahim were granted pre-settled status, bu the appellants' applications were refused, on the basis that they had extant leave in the United Kingdom. Ms Ibrahim challenged that decision by an administrative review which was ultimately successful.

             On 22 July 2022, however, Ms Ibrahim and the appellants made fresh applications under the EUSS. These were refused on 12 April 2023 but Mr Ashraff was granted pre-settled status.