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  • EU parents application - new thread due to corruption - please keep this one closed

    Hello,



    Thank you very much for maintaining such an informative and helpful website replete with subforums and lovely staff. I think most of us would have been bowled over by the legalese tangle of deadlines and scenarios associated with the Brexit ordeal especially when applied to individual circumstances. If these questions have been asked before in this forum, which I suspect they most probably have,allow me to apologise in advance. Nevertheless I shall try to be as succinct as possible and I obviously appreciate any responses.

    Scenario:
    • While my parents and I all have EU-passports,only i have lived long enough in the UK to receive the coveted settled status.I applied to the EU-settlement scheme about 6 months ago and was granted indefinite leave to remain,something which I am very grateful for especially considering the difficulties other, perhaps more qualified and deserving individuals are encountering in the course of their settlement attempts.
    • My parents,both in their early 60s, have spent most of their lives in China and have always planned to spend their winter years in England,never of course suspecting a sudden Brexit.
    • My parents arrived in England towards the end of Dec 2019 for a much needed holiday and shall be here for about 2-3 more months before leaving the country for China again.
    • I do not think my parents have the luxury to simply up and leave China wholesale, move to England before 31st Dec 2020 and apply for the EU-settlement scheme,hopefully getting the pre-settled status and then start accumulating evidence of continuous residence for the following 5 years,then reapplying to aim for settled status.
    • The objective is to get my parents to eventually obtain indefinite leave to remain in the UK.
    Clarifications/Correction appreciated on following issues :
    1. I have stumbled upon a forum topic where the OP managed the get pre-settled status simply on the back of boarding pass / ticket info. As such I have made sure my parents keep their physical/electronic boarding passes/tickets aswell. Suppose we used this information to apply to the EU-Settlement scheme,further suppose they are granted pre-settled status,could I then add their names to water bills/electricity bills which up to now only have my name on them and use them as evidence of residence? If I do would I have to put their names on the council tax records aswell? If they can’t stay in the UK for at least 6 months in any 12 month period,which is basically the case,should I erase their names from those bills/records for those months in which they are absent?
    2. Does my status as a settled EU citizen confer preferrential treatment towards my EU-parents at all or will their applications have no connection to my status whatsoever?
    3. On the following page UKCEN Citizenship and Residence for European Nationals and their families
      , it is claimed that the deadline for close family members to join those with pre-settled/settled status in the UK is the 29th March 2022. Does this apply for EU-parents as well or only non-EU parents? If it applies to my scenario,does this mean my parents can wait until say January 2022 to start applying for the EU-Settlement scheme? I feel I am misunderstanding things here!
    Thank you for all the help and best wishes in your applications too!

  • #2
    Originally posted by HazlenutWafers View Post
    Hello,


    And a very happy one to you too!



    Originally posted by HazlenutWafers View Post
    • While my parents and I all have EU-passports,only i have lived long enough in the UK to receive the coveted settled status.I applied to the EU-settlement scheme about 6 months ago and was granted indefinite leave to remain,something which I am very grateful for especially considering the difficulties other, perhaps more qualified and deserving individuals are encountering in the course of their settlement attempts.
    • My parents,both in their early 60s, have spent most of their lives in China and have always planned to spend their winter years in England,never of course suspecting a sudden Brexit.
    • My parents arrived in England towards the end of Dec 2019 for a much needed holiday and shall be here for about 2-3 more months before leaving the country for China again.
    • I do not think my parents have the luxury to simply up and leave China wholesale, move to England before 31st Dec 2020 and apply for the EU-settlement scheme, hopefully getting the pre-settled status and then start accumulating evidence of continuous residence for the following 5 years,then reapplying to aim for settled status.
    • The objective is to get my parents to eventually obtain indefinite leave to remain in the UK.
    There is also the option of applying as family members, in which case it's not necessary for them to be living here before the end of this year.

    Originally posted by HazlenutWafers View Post
    On the following page UKCEN Citizenship and Residence for European Nationals and their families
    , it is claimed that the deadline for close family members to join those with pre-settled/settled status in the UK is the 29th March 2022. Does this apply for EU-parents as well or only non-EU parents? If it applies to my scenario,does this mean my parents can wait until say January 2022 to start applying for the EU-Settlement scheme? I feel I am misunderstanding things here!
    The post you have quoted from refers to leaving the EU without a deal. Up until the last election, there was a distinct possibility of leaving with no deal, in which case the deadline above would apply, however, now we finally have a government with a majority, Parliament has approved the Withdrawal Agreement, so we will be leaving with a deal. Please note that any mention of leaving with no deal at the end of this year refers to a trade deal with the EU and has no effect on anything to do with the EUSS. That means there will be no deadline for family members to join their family in the UK, as long as the family relationship existed before the end of this year. Obviously this isn't an issue for parents, where the relationship existed from birth.

    If the EU nationals don't move here by the end of this year when they can apply in their own right, then much the same rules will apply to family members from in or out of the EU.


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    Comment


    • #3
      Originally posted by HazlenutWafers View Post

      Clarifications/Correction appreciated on following issues:

      I have stumbled upon a forum topic where the OP managed the get pre-settled status simply on the back of boarding pass / ticket info.
      That is correct, and I have asked the Home Office about it and they have confirmed that they would accept these documents as proof of coming to the UK.

      Originally posted by HazlenutWafers View Post

      As such I have made sure my parents keep their physical/electronic boarding passes/tickets as well. Suppose we used this information to apply to the EU-Settlement scheme,further suppose they are granted pre-settled status,could I then add their names to water bills/electricity bills which up to now only have my name on them and use them as evidence of residence? If I do would I have to put their names on the council tax records as well? If they can’t stay in the UK for at least 6 months in any 12 month period,which is basically the case,should I erase their names from those bills/records for those months in which they are absent?
      There are a number of documents that can be used to prove residence, you will find a full list here: Documents that can be used as evidence - UKCEN Citizenship and Residence for European Nationals and their families

      The requirement is to spend at least 6 months out of every 12, in the UK, that means it's only necessary to provide evidence for 6 months out of every year, it doesn't mean their names have to be removed when they are not here.

      Originally posted by HazlenutWafers View Post
      Does my status as a settled EU citizen confer preferrential treatment towards my EU-parents at all or will their applications have no connection to my status whatsoever?
      If they don't move here before the deadline to apply in their own right, we will then be at the time when all EU nationals will be required to have status. You may want to look at this post: Evidence for family members - UKCEN Citizenship and Residence for European Nationals and their families

      ...where you'll find:

      Evidence of the EU citizen’s identity and nationality

      If the EU citizen has been granted, or is being granted, settled or pre-settled status, you can use their application reference number to confirm their identity and nationality.

      If your family member has not applied for settled or pre-settled status, you’ll need to provide evidence of their identity and nationality using their passport or national identity card.

      The Home Office may agree to accept alternative forms of evidence if you can show that you’re unable to obtain or produce the required document due to circumstances beyond your control or to compelling compassionate reasons.

      Evidence of UK residence

      If the EU citizen has been granted, or is being granted, settled or pre-settled status, you can use their application reference number to confirm their UK residence.
      Having status will also reduce the amount of evidence required for the application and, very likely, also the processing time.
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      Comment


      • #4
        Thank you very much for such a quick response. The part of your post that lept out at me was the following :

        That means there will be no deadline for family members to join their family in the UK, as long as the family relationship existed before the end of this year. Obviously this isn't an issue for parents, where the relationship existed from birth.
        So does this mean that my parents,who will have been my parents for quite some time before the end of this new year but have not lived in the UK,can eventually apply for indefinite leave to enter/remain via the EuSS at Apply to the EU Settlement Scheme (settled and pre-settled status) - GOV.UK at any time provided that I keep my settled status ? Is there a separate scheme for settled EU-citizens to bring EU-parents to the UK?

        Thanks for any responses!

        Comment


        • #5
          Perusing the following document [Policy paper on citizens rights in the event of a no deal brexit]
          and using your responses in this forum post , would the following be a correct summary ?

          Since the withdrawal agreement will (most likely) be ratified (i.e. after passing through the house of lords and receiving royal assent) , therefore:
          1. My parents and indeed all EU-citizens can apply to the EuSS,provided they are resident in the UK or arrive by 31 December 2020 and submit an application before 30 June 2021.They can do this on their own account independent of the settlement status of close relatives. However,during the application process, they could refer to the pre-settled / settled status of close relatives should there be any and thereby speed up / simplify the process of obtaining pre-settled status (?) .
          2. After 1 January 2021 , my EU-parents would be able to join me, a settled EU-citizen in the UK by going through whatever new UK immigration rules prevail at that time. These new rules will be independent of the EuSS and will not take into account that my parents have EU-passports at all but there is no further information on what those rules may be as regards to bringing EU-family-members to the UK. Suppose my parents successfully completed these new procedures prevailling at that time,would their rights in the UK as EU-citizens be different from mine ( as a settled EU-citizen under EuSS ) ? Will they have indefinite leave to enter / remain ? Can they access NHS services and such like ?
          3. It is said that,
            Eligible family members who are not in the UK by 31 December 2020 may still be eligible to apply under the scheme if the relationship with the EU/EEA citizen was formed before this date
            ...... What is the deadline for family members (parents in my case) to apply for EuSS if they did not apply before 31 December 2020 ?Is it 30 June 2021,the general deadline for the EuSS under the assumption of a withdrawal agreement being ratified?
          Is this right so far? Thank you!

          Comment


          • #6
            Originally posted by HazlenutWafers View Post
            Perusing the following document [Policy paper on citizens rights in the event of a no deal brexit]
            and using your responses in this forum post , would the following be a correct summary ?

            Since the withdrawal agreement will (most likely) be ratified (i.e. after passing through the house of lords and receiving royal assent) , therefore:[LIST=1][*]My parents and indeed all EU-citizens can apply to the EuSS,provided they are resident in the UK or arrive by 31 December 2020 and submit an application before 30 June 2021.They can do this on their own account independent of the settlement status of close relatives. However,during the application process, they could refer to the pre-settled / settled status of close relatives should there be any and thereby speed up / simplify the process of obtaining pre-settled status (?) .
            Morning,

            Applications from EU nationals living here before the end of the transition period (Dec 31st 2020) made within the deadline (30th June 2021) are based on the applicant being an EU national and having moved here, irrespective of family ties. Not only that, but they are generally simpler and quicker than applications based on family relationship, since in that case, it is also necessary to provide evidence of relationship as well as of the family member's status in the UK, so, rather than being quicker, they end up taking more caseworker time, also leading to longer decision times.

            If you look at this post: Evidence of residence - UKCEN Citizenship and Residence for European Nationals and their families

            ...you'll see:

            What you need to provide

            1 document dated in the last 6 months to be granted pre-settled status; or
            Applications for pre-settled status by EU nationals are very simple, all that's needed is to verify identity via the app and provide one item of evidence of being here, which can even be a boarding pass, or any other document as per the list here: Documents that can be used as evidence - UKCEN Citizenship and Residence for European Nationals and their families

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            Comment


            • #7
              Originally posted by HazlenutWafers View Post
              [*]After 1 January 2021 , my EU-parents would be able to join me, a settled EU-citizen in the UK by going through whatever new UK immigration rules prevail at that time. These new rules will be independent of the EuSS and will not take into account that my parents have EU-passports at all but there is no further information on what those rules may be as regards to bringing EU-family-members to the UK.
              Actually, that's not correct, family members, both from the EU and from outside the EU, can join their family members with settled or pre-settled status in the UK under the EUSS, not under new immigration rules, provided that the family relationship existed before the end of this year, obviously this wouldn't be an issue with parents, since the relationship existed from birth.

              If we left with no deal, the deadline for family members to move here and be eligible to apply under the EUSS was going to be March 29th 2022, however, that deadline no longer applies since we will be leaving with Johnson's deal, which has been approved, that means close family members can move here at any time to join their family with EUSS status in the UK, and will be eligible to apply for pre-settled status as family members.

              Originally posted by HazlenutWafers View Post
              Suppose my parents successfully completed these new procedures prevailling at that time,
              As above, no new procedures, they would still be able to obtain pre-settled status under the EUSS.

              Originally posted by HazlenutWafers View Post
              would their rights in the UK as EU-citizens be different from mine ( as a settled EU-citizen under EuSS ) ? Will they have indefinite leave to enter / remain ? Can they access NHS services and such like ?
              They would have pre-settled status, the same status as if they had moved here before the deadline and applied in their own right. Pre-settled status gives full access to NHS services, the main difference between settled and pre-settled status is that settled status does give a right to claim benefits (public funds/social assistance) on the same terms as British citizens. But they should be able to get settled status after 5 years under the usual terms already discussed.

              Originally posted by HazlenutWafers View Post
              [*]It is said that, ...... What is the deadline for family members (parents in my case) to apply for EuSS if they did not apply before 31 December 2020 ?Is it 30 June 2021,the general deadline for the EuSS under the assumption of a withdrawal agreement being ratified?[/LIST]Is this right so far? Thank you!
              As above, with the deal, there is no deadline for close family members where the relationship was in place at the end of this year, this caveat would affect mostly spouses and civil partners, where the marriage/civil partnership should take place before the end of the year, it wouldn't affect parents and grandparents.
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              Comment


              • #8
                Hello again and good morning !


                Thank you once again for the responses and corrections . You mentioned that as a consequence of Johnson's deal being ratified,there will be no deadline for close family members to join a settled EU-citizen in the UK under the EuSS anymore (as opposed to the no deal scenario under which the deadline would have been the 29th March 2022),does this mean that say in 2025,should my parents be able to come and stay in the UK for good and assuming i remain settled until that time,they can apply for pre-settled status under the EuSS and start to accumulate residential evidence towards eventually re-applying for settled status ?

                Comment


                • #9
                  Originally posted by HazlenutWafers View Post
                  Hello again and good morning !


                  Thank you once again for the responses and corrections . You mentioned that as a consequence of Johnson's deal being ratified,there will be no deadline for close family members to join a settled EU-citizen in the UK under the EuSS anymore (as opposed to the no deal scenario under which the deadline would have been the 29th March 2022),does this mean that say in 2025,should my parents be able to come and stay in the UK for good and assuming i remain settled until that time,they can apply for pre-settled status under the EuSS and start to accumulate residential evidence towards eventually re-applying for settled status ?
                  That's correct, there is no deadline for close family members (which include parents, grandparents, children and grandchildren), to join their family members with EUSS status in the UK, even though the deadline for EU nationals to move here in their own right is the end of this year. Close family members also include spouses, and civil partners, but since the family relationship must have existed before the end of the year, they would need to be married or in a civil partnership also before the end of the year.

                  Family members moving to the UK can apply for pre-settled status on the basis of their family relationship like family members from outside the EU do at the moment, then, provided they meet the residence requirements, they should be able to obtain settled status in five years. Because EU nationals can still move to the UK and apply in their own right, all the documentation regarding family members is geared towards those from outside the EU, but the principle is exactly the same, only EU nationals are not issued with biometric cards.
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                  Comment


                  • #10
                    HazlenutWafers I have managed to recover most of the content previously posted before the forum system glitch that made it all disappear the day before yesterday. It's all on this thread for reference but I'm going to close this thread to avoid further issues with corruption, as all that flared up after I quoted text from this thread.

                    I have attached a screenshot of my last post which is where the corruption occurred, as I dare not copy and paste any of that text in case that happens again!

                    If you have any more questions, kindly start a new thread, we can always refer to what has already been discussed here.

                    Click image for larger version

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ID:	21997
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