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There are provisions for late applications for those who missed the June 30th deadline. New Covid provisions for EU Settlement applications have been published. They include Provisions allowing an absence of over 12 months for people with pre-settled status, a provision for a second absence of up to 12 months and for choosing to spend time out of the UK over Covid related issues.

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Please advise - Mother coming from Uruguay to apply for EU Settlement scheme as family member of a EU citizen

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  • Query Please advise - Mother coming from Uruguay to apply for EU Settlement scheme as family member of a EU citizen

    Good evening,

    May I please ask you whether you can advise on the following, as I am a bit worried:

    I am Uruguayan, but I also have Spanish nationality and I have lived in England for 7 years. Last year I processed my EU Settlement Scheme and I obtained permanent settlement.

    My mother is Uruguayan only, and she's flying from Uruguay in 10 days so as to be here before the deadline to process her EU Settlement Scheme as a family member of an EU citizen.

    My question is:

    As Uruguay does not need a visa to come to the UK, every time my mother has come, I have simply sent her an invitation letter; but as we're now on a national lockdown, my fear is that the immigration officer may think it’s not really suitable for her to travel during a global pandemic to visit me.

    At the same time, I’m not sure whether they will be even less sympathetic if she says she’s coming exclusively to get EU settlement scheme.

    Could you please advise what’s best? I don’t want them to turn her back after her effort to come here amidst this situation.

    Looking forward to hearing from you.

    Best Regards

    Ccuyuk

  • #2
    Originally posted by Ccuyuk View Post
    Good evening,

    May I please ask you whether you can advise on the following, as I am a bit worried:

    I am Uruguayan, but I also have Spanish nationality and I have lived in England for 7 years. Last year I processed my EU Settlement Scheme and I obtained permanent settlement.

    My mother is Uruguayan only, and she's flying from Uruguay in 10 days so as to be here before the deadline to process her EU Settlement Scheme as a family member of an EU citizen.
    Afternoon,

    Please note that there is no deadline for close family members, which include parents, to join their family member in the UK if the EEA national sponsor has settled or pre-settled status, so there's no need for them to be here before the end of the year, as noted here: Dates and deadlines applicable to the EUSS




    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 as the deadline approaches.

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    • #3
      Originally posted by Ccuyuk View Post
      My question is:

      As Uruguay does not need a visa to come to the UK, every time my mother has come, I have simply sent her an invitation letter; but as we're now on a national lockdown, my fear is that the immigration officer may think it’s not really suitable for her to travel during a global pandemic to visit me.

      At the same time, I’m not sure whether they will be even less sympathetic if she says she’s coming exclusively to get EU settlement scheme.

      Could you please advise what’s best? I don’t want them to turn her back after her effort to come here amidst this situation.

      Regardless of pandemics and lockdowns, the whole issue here is that visitors, whether entering on a visit visa or as non visa nationals, are expected to leave the country at the end of their visit, and border control may expect to see evidence of this, such as a return ticket.

      Saying that they are coming here to stay, as that's what the EUSS is for would be incompatible with entering as a visitor and could well result in admission being denied at the border.

      The best course of action would be for her to apply for an EUSS family permit, that way it will all be above board, since the permit is a visa to enter the country for the purpose to join their family member(s) here, as opposed to for a visit.

      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 as the deadline approaches.

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      • #4
        You may want to refer to this post: EUSS Family permit

        ...where we have:

        It is possible to apply for an EU Settlement Scheme family permit for close family members, these are:

        a spouse or civil partner;
        children and grandchildren under 21, dependent children and grandchildren of any age;
        dependent parent or grandparent.

        Requirements to apply

        the family member must be outside the UK;
        the EEA national must have settled or pre-settled status;
        the EEA national is in the UK already or travelling with the family member to the UK within 6 months of the application date.

        Evidence

        valid passport;
        evidence of relationship, such as a marriage certificate or birth certificate;
        proof of dependency for children or grandchildren over 21;
        EEA family member’s EU Settlement Scheme application number.

        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 as the deadline approaches.

        Comment


        • #5
          Dear Site Manager,
          I really appreciate your taking the time to reply to my query and your prompt and useful response.
          I hope it's OK to ask you 2 more questions now that you've clarified my doubts.
          I visited a lawyer last year and he told me he strongly advised that even if close family members can join later on, my mum came before 31st December.
          He said the reason was that after 1st January the law could change so there are no guarantees this will still be the case.
          He also said that now dependency is assumed so it's easier to apply but that could change too.
          Based on that, mum and I took the decision she needed to come now.

          1) Do you think -in your experience- that these changes could happen after 1st January?

          In terms of the time my mum's planning to stay on this visit: it's only 3 months (until February) and she does have a return ticket.
          She's not planning to stay permanently now, as she needs to go back to Uruguay and wants to move here at some point next year.

          2) So, taking that into account, do you still consider the need for a EUSS Family Permit? If yes, how long is the waiting time for it? (My mum flight is on 24th of this month).

          Looking forward to hearing from you.

          Thank you very much for your time.

          Best Regards

          C

          Comment


          • #6
            Originally posted by Ccuyuk View Post
            Dear Site Manager,
            I really appreciate your taking the time to reply to my query and your prompt and useful response.
            I hope it's OK to ask you 2 more questions now that you've clarified my doubts.
            I visited a lawyer last year and he told me he strongly advised that even if close family members can join later on, my mum came before 31st December.
            He said the reason was that after 1st January the law could change so there are no guarantees this will still be the case.
            Morning,

            Do bear in mind that last year things were different, at that point, it wasn't yet known whether we would be leaving with a deal or without a deal, this refers to the deal that was signed off at the end of January, which included the Withdrawal Agreement that covers the EU Settlement Scheme, not the trade deal that we may or may not have at the end of this year, this has no effect whatsoever on the Withdrawal Agreement, since it was already agreed and signed off at the end of January.

            In the event of leaving with no deal at the end of October as initially planned, or at the end of January, the deadlines to apply under the EUSS would have been different, so I can see why you got this advice last year, but this no longer applies since we did leave with a deal back in January, I hope this clarifies things.


            Originally posted by Ccuyuk View Post
            He also said that now dependency is assumed so it's easier to apply but that could change too.
            As far as I'm aware, that was not subject to change, unlike the deadlines, but, as above, no longer subject to change as we left with a deal in January.

            Originally posted by Ccuyuk View Post
            Based on that, mum and I took the decision she needed to come now.

            1) Do you think -in your experience- that these changes could happen after 1st January?
            NO, for the reasons above.


            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 as the deadline approaches.

            Comment


            • #7

              Originally posted by Ccuyuk View Post
              In terms of the time my mum's planning to stay on this visit: it's only 3 months (until February) and she does have a return ticket.
              She's not planning to stay permanently now, as she needs to go back to Uruguay and wants to move here at some point next year.

              2) So, taking that into account, do you still consider the need for a EUSS Family Permit? If yes, how long is the waiting time for it? (My mum flight is on 24th of this month).


              If she's coming just to visit, has a return ticket, doesn't need a visa and intends to leave at the end of her visit, then there's no need for the family permit, she should be able to enter as a genuine visitor.

              Family permits are only valid for 6 months from the date of issue, so it may be better for her to apply for it once she's ready to come here to stay, in which case she could come on a one way ticket with the permit, then apply for pre-settled status, bearing in mind that she'd need to spend at least 6 months out of every 12, here in the UK in order to qualify for settled status after 5 years, so it would be best if she only made the application once she's prepared to stay.

              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 as the deadline approaches.

              Comment


              • #8
                Good afternoon,

                I have no words to thank you for your sound advice.

                I wish I had found this forum before, but I'm glad I found it just in time.

                Based on all the information you've provided, we have changed my mum's ticket today and feel much better knowing she doesn't need to fly right now, amidst the second Coronavirus wave.

                We have, however, booked the new flight for May 2020. This is because this morning I read an interesting article from November 5th that stated:

                "Dependency no longer assumed: There is a significant change for dependent parents. From 1 July 2021, such people must provide evidence of their dependency on their sponsor. The explanatory statement confirms: To provide that, consistent with the Agreements, in an application to the EUSS made from 1 July 2021, the dependency of a parent or grandparent on the resident EEA or Swiss citizen will not be assumed but will need to be evidenced."

                This was on:

                Changes to EU Settlement Scheme affect deadlines and family reunion | Free Movement

                Based on your advice and this, we think the best course of action is for her to come in May, enter the UK with a Family Permit and apply to the EU Settlement Scheme then.

                My (very relieved) mum and I thank you very much for your time and assistance.

                Best Regards

                Ccuyuk

                Comment

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