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Travel while awaiting EUSS Family Permit Decision

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  • LAWYER RESPONSE Travel while awaiting EUSS Family Permit Decision

    Hello. I have a query regarding my father. He applied for an EU Settlement Scheme Family Permit and provided his biometrics on 8th June, from outside the UK. We have contacted the UKVI via email and were informed his 'Application status is awaiting a decision'. He also has a valid 5 year visit visa for the UK. My question is, can he enter England with his visit visa while the Family Permit decision is pending or will this have any affect on the processing of the family permit? Many thanks

  • #2
    Originally posted by Britishsummer View Post
    Hello. I have a query regarding my father. He applied for an EU Settlement Scheme Family Permit and provided his biometrics on 8th June, from outside the UK. We have contacted the UKVI via email and were informed his 'Application status is awaiting a decision'. He also has a valid 5 year visit visa for the UK. My question is, can he enter England with his visit visa while the Family Permit decision is pending or will this have any affect on the processing of the family permit? Many thanks
    Melissa V (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.

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    • #3
      As far as I am aware, there is nothing to prevent your father from entering the UK as a visitor as long as he intends to leave after his visit (genuine visitor) and not remain here and wait for the outcome.

      I am a Solicitor and Head of Immigration at Wells Burcombe Solicitors LLP, a firm Authorised and Regulated by the Solicitors Regulation Authority SRA No. 488294. 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 Melissa V for full details.

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      • #4
        Originally posted by Britishsummer View Post
        Hello. I have a query regarding my father. He applied for an EU Settlement Scheme Family Permit and provided his biometrics on 8th June, from outside the UK. We have contacted the UKVI via email and were informed his 'Application status is awaiting a decision'. He also has a valid 5 year visit visa for the UK. My question is, can he enter England with his visit visa while the Family Permit decision is pending or will this have any affect on the processing of the family permit? Many thanks
        Morning Britishsummer

        Please see our lawyer's response below:

        Originally posted by Melissa V View Post
        As far as I am aware, there is nothing to prevent your father from entering the UK as a visitor as long as he intends to leave after his visit (genuine visitor) and not remain here and wait for the outcome.
        My concern would be that, if they can see that he has applied for the permit, they may not regard him as a genuine visitor. In the past, people who had previously applied for family permits often had their visit visa applications refused for this reason, this is obviously different if he's already got the visa, but do bear in mind Border Control would usually expect to see evidence of intention to leave, such as a return or onward ticket, when entering as a visitor. Furthermore, what you say at the border when they ask you questions can make all the difference between being allowed in or not.

        There is also the technicality of not normally being able to apply for pre-settled status if you entered as a visitor, although there is a temporary concession, this is only for people who either entered before the end of June, or people with less than 6 months leave, as noted here: Family members - UKCEN Citizenship and Residence for European Nationals and their families

        ...where you'll see:

        Temporary Concession

        The EUSS Guidance was updated on the 21st of July. Page 98 says the following:
        The requirement that a person applying as a joining family of a relevant sponsor must not be in the UK as a visitor’, in accordance with that definition in Annex 1 to Appendix EU, is disapplied, as a temporary concession outside Appendix EU, where the applicant’s leave as a visitor expires on or before 30 December 2021. This includes applicants who entered the UK from 1 January to 30 June 2021 with six months’ visitor leave, and those who arrive after 30 June 2021 but whose visitor leave is of less than six months’ duration. It also includes applicants who make a late application, where there are reasonable grounds for them having missed the deadline, if they are still visitors when they apply.


        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
          Please note the above, in most cases, visitors are allowed in for six months, so the above concession probably wouldn't apply here, in other words, he would have to leave the UK and re-enter on the family permit once issued. When the decision is made, the applicant usually receives an email saying they will need to go to the visa office (VFS/TLS depending on the country) with their passport in order to get the permit stamped in it, that would mean having to go back to his country of residence/where the application was made, as family permits are not handled inside the UK, they are another form of entry clearance like the visit visa, to be able to travel to the UK, so they cannot be issued inside the UK. Just so you and him are aware of all this and don't assume he can come as a visitor and remain in the UK waiting for the permit, then just get it and use it to apply for pre-settled status.

          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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