LAWYER RESPONSE Settled status for family member

[Kunleswags]

Hello,
. My EU wife and myself(non eu) have settled status..I am on the verge of applying for pre settled status for my Non EU mother.I will like to find our a few things.

a)If my mom gets the pre settled status,is she allowed to work even though she is my dependent..if she works will it affect her getting settled status after 5 years?

b)does my mom have to live under the same roof as me and my EU Wife throughout the period she has pre settled status since she is our dependent or she can live on her own?

c)can my EU wife and I apply for naturalisation during the period of my mom holding pre settled status without it affecting her getting settled status in the future.

Thank u so much to the moderators for the excellent job u do..u are all very much appreciated for the time and effort u put in.

[Site Admin]

Hello,
. My EU wife and myself(non eu) have settled status..I am on the verge of applying for pre settled status for my Non EU mother.I will like to find our a few things.

a)If my mom gets the pre settled status,is she allowed to work even though she is my dependent..if she works will it affect her getting settled status after 5 years?

Morning,

If you look at this post: Your rights with settled and pre-settled status - benefits, children and absences from the UK - UKCEN Citizenship and Residence for European Nationals and their families

...it says:

Your rights with settled or pre-settled status

You’ll be able to:

• work in the UK
• use the NHS
• enrol in education or continue studying
• access public funds such as benefits and pensions, if you’re eligible for them
• travel in and out of the UK

b)does my mom have to live under the same roof as me and my EU Wife throughout the period she has pre settled status since she is our dependent or she can live on her own?

If you look at this post: Evidence for parents, grandparents and great grandparents - UKCEN Citizenship and Residence for European Nationals and their families

...you'll find it's only necessary to provide evidence of relationship, not of living together, and that dependency is assumed for parents of EU nationals over 18.

[Kunleswags]

Thank you very much for your replies..very kind.

One last question,will my non eu mom still be able to apply for pre settled status here in the UK after the Brexit day presumably January 31st or whenever it is?

[Site Admin]

Thank you very much for your replies..very kind.

One last question,will my non eu mom still be able to apply for pre settled status here in the UK after the Brexit day presumably January 31st or whenever it is?

Yes, in accordance with the dates noted here:
UKCEN Citizenship and Residence for European Nationals and their families

[Kunleswags]

Thank you for your response very kind..My wife wants to naturalise as a British citizen next year and intends to keep her EU citizenship as well..if my non EU mom gets presettled status will my wife still need to be exercising treaty rights for my mom to be able to get settled status after the presettled status expires because I dont really understand how the lounes case works cos I dont know if I read it rightly that under lounes my wife must have exercised treaty rights before she got her british citizenship and after getting it too..my wife was a stay at home parent and only got settled status because the uk government decided to be generous so I dont know whether the lounes case will be met for my mom to get settled status in future..I'll be grateful if someone can explain this to me

[Site Admin]

Thank you for your response very kind..My wife wants to naturalise as a British citizen next year and intends to keep her EU citizenship as well..if my non EU mom gets presettled status will my wife still need to be exercising treaty rights for my mom to be able to get settled status after the presettled status expires because I dont really understand how the lounes case works cos

Although the Lounes judgment opened up the door for dual UK/EU nationals, to sponsor family members, it is much easier to apply under the EUSS if the family member has not naturalised as British, as the application only requires evidence of relationship and residence for both the EEA national and family member.

I dont know if I read it rightly that under lounes my wife must have exercised treaty rights before she got her british citizenship and after getting it too..my wife was a stay at home parent and only got settled status because the uk government decided to be generous so I dont know whether the lounes case will be met for my mom to get settled status in future..I'll be grateful if someone can explain this to me

Settled status only requires 5 years' residence in the UK and not being a serious criminal, the criteria under EU law, which is the basis for the Lounes application, is very different.

I don't know what the application form will be like in 5 years time either, but I do have a copy of the current form open, note the following requirements (taken from one of the pages on the form):



Note the requirement to provide evidence that the family member who became British was exercising treaty rights or had PR status.

Although for the purpose of applying for citizenship, settled status is as acceptable as PR, that doesn't seem to be the case for a naturalised UK national to sponsor a family member for settled status after naturalisation.

I can't tell your wife what to do, but I can show you the requirements as above. If it was me, I would not be applying for naturalisation under the circumstances.

[Kunleswags]

Thanks a lot..if my wife didnt naturalise and I being the non eu spouse naturalised..will my mom still be a to apply for settled status after 5 years without going through lounes

[Site Admin]

Thanks a lot..if my wife didnt naturalise and I being the non eu spouse naturalised..will my mom still be a to apply for settled status after 5 years without going through lounes

The status is based on the relationship to the EEA national, if the EEA national does not naturalise, then the family member can rely on the family relationship for their status.

[Kunleswags]

Hello moderators just a quick question.is the exercise of treaty rights by the relevant EU citizen for a year prior to acquiring british nationality enough to meet the lounes requirement or does the relevant eu citizen need to have exercised treaty rights for atleast 5 years before acquiring british citizenship to qualify to sponsor a family member under the lounes route?

[Site Admin]

Hello moderators just a quick question.is the exercise of treaty rights by the relevant EU citizen for a year prior to acquiring british nationality enough to meet the lounes requirement or does the relevant eu citizen need to have exercised treaty rights for atleast 5 years before acquiring british citizenship to qualify to sponsor a family member under the lounes route?

Louis M (lawyer)

[Louis M]

The person (who is intending to become a relevant naturalised British citizen) needs to either be a qualified person or hold a right of permanent residence (which is distinct from settled status), at the point of applying to naturalise. I can see no reference to having to hold either status for 1 year or 5 years.

I agree these provisions are hard to make sense of.

[Site Admin]

Hello moderators just a quick question.is the exercise of treaty rights by the relevant EU citizen for a year prior to acquiring british nationality enough to meet the lounes requirement or does the relevant eu citizen need to have exercised treaty rights for atleast 5 years before acquiring british citizenship to qualify to sponsor a family member under the lounes route?

I fully agree that these provisions are not easy to make sense of, which is why I reckon it's probably best to err on the side of caution.

I would like to quote the words from a lawyer who works for one of the community organisations that attend the EU Commission and other group meetings:

Careful consideration of the definitions under Appendix EU and Reg 2 & 9A EEA Regs is needed in this case. Before being concerned about the future upgrade to SS the client needs first to be advised on any risk of curtailment as PSS can be revoked if the holder no longer qualifies for it.

Unless there is a very good reason for applying for naturalisation, I really can't see it being worth the risk.

[ClaudLatina]

From the lawyers' responses and reading through the relevant immigration legislation, it seems to me that the best course of action is to wait until *all the family members have the settled status, before the EU citizen in the family becomes a British citizen. Do you agree Louis M (lawyer)?

[Site Admin]

Given the wide ranging implications of the Lounes route for family members, I have discussed this issue online with lawyers who work for the EU Commission. I'm quoting one of their observations below:

...an EEA sponsor who naturalises as British mid qualifying for the non-EEA family member would mean that the family member would then need to use a paper form to apply for settled status when the time comes. This would mean the application for settled status would require proof that the EEA sponsor meets the definition of a relevant naturalised British citizen.

[ClaudLatina]

Louis M (lawyer) I am not sure if you can see my comments and tags above. I edited the post and added your name above, but something edited tags don't work. Could you please check my question above? Many thanks for your support.