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IMPORTANT UPDATE

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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Timing of Settled status application and EU national parents joining eu national in 2021

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  • Query Timing of Settled status application and EU national parents joining eu national in 2021

    Hi,

    Firstly, thanks for the invaluable help you offer! I have few questions I would appreciate your help with.

    1) I have a PR, which I know it expires on 31/12, and although I was hoping I could apply for citizenship by the end of the year, I’m not sure how realistic this is. Can you see any probs with applying in the new year, after I have applied for Settled Status?

    my circumstances are:
    married to a British citizen,
    currently on maternity leave until 07/21. from 01/21 onwards on statutory pay only.
    kids born this summer

    2) applied for kids 1st passport and mistakenly have said yes to having settled status, when I only have pr. HO now requires the ss number. Should I just write to them and tell them that it was a genuine mistake (looking after newborn twins seriously deprives you of sleep and clarity of mind) and include the PR number instead? Or should I apply for Settled status (esp if i don’t manage to apply for citizenship this year) and then apply? or is it irrelevant , as their father is British?

    3)will my mother require to apply for pre-settled status, if she is to stay with us for few months to help? My side of family is from an EU country and she is self sufficient.

    thanks in advance!

  • #2
    Originally posted by NickyP View Post
    Hi,

    Firstly, thanks for the invaluable help you offer! I have few questions I would appreciate your help with.

    1) I have a PR, which I know it expires on 31/12, and although I was hoping I could apply for citizenship by the end of the year, I’m not sure how realistic this is. Can you see any probs with applying in the new year, after I have applied for Settled Status?

    my circumstances are:
    married to a British citizen,
    currently on maternity leave until 07/21. from 01/21 onwards on statutory pay only.
    kids born this summer

    2) applied for kids 1st passport and mistakenly have said yes to having settled status, when I only have pr. HO now requires the ss number. Should I just write to them and tell them that it was a genuine mistake (looking after newborn twins seriously deprives you of sleep and clarity of mind) and include the PR number instead? Or should I apply for Settled status (esp if i don’t manage to apply for citizenship this year) and then apply? or is it irrelevant , as their father is British?

    3)will my mother require to apply for pre-settled status, if she is to stay with us for few months to help? My side of family is from an EU country and she is self sufficient.

    thanks in advance!
    Morning,

    I'd suggest looking at the residence criteria regarding pre-settled status, as it can be a bit confusing: Residence criteria

    ...where you'll see:


    If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status BUT you will need to maintain your continuous residence if you want to qualify for settled status. See below:

    VERY IMPORTANT NOTE FOR PEOPLE WITH PRE-SETTLED STATUS:

    Although pre-settled status allows up to 2 years outside the UK without losing your status, if you spend more than 6 months outside the UK during the 5 years you need to get settled status, you will not be able to apply for settled status, nor will you be able to extend your pre-settled status or re-apply for pre-settled status after the deadline, which is currently end of December 2020.

    This means that, if you break the continuity of residence during the 5 years your pre-settled status is valid for, you will only be able to stay in the UK until the expiry date of your pre-settled status, after that, you will have to either leave the UK or find another route to stay here, such as applying for a visa under the UK Immigration Rules, which may not be easy, nor an option for everyone.

    That means if they only stay a few months and don't spend at least 6 months out of every 12, in the UK, their pre-settled status should still be valid as long as they don't spend mroe than 2 years out of the country, but they won't be able to apply for settled status after 5 years, and, since there's no option to extend or renew pre-settled, they will only be able to come as visitors after that, so this is something to consider.

    Also note that if you apply for citizenship, it will make it harder to sponsor family members, unless they are EEA nationals and move here before the end of the year to establish their residence. If you need to sponsor them, you need to look here: potential impact on family members.

    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


    • #3
      Originally posted by NickyP View Post

      3)will my mother require to apply for pre-settled status, if she is to stay with us for few months to help? My side of family is from an EU country and she is self sufficient.
      You should also be aware of a change in the rules from the 1st of July, with regards to parents: Evidence for family members - UKCEN Citizenship and Residence for European Nationals and their families

      ...where you'll see:


      VERY IMPORTANT!

      Dependency for parents, including in-laws, is currently assumed and need not be demonstrated, however, this will change for applications submitted from July 1st 2021, when dependency will need to be demonstrated.

      The level
      of dependency that will be required is set out in the definition of “dependent parent”:
      Having regard to their financial and social conditions, or health, the applicant cannot, or (as the case may be) for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support [from the sponsor].
      Source: Changes to EU Settlement Scheme affect deadlines and family reunion | Free Movement
      As you say they are self-sufficient, as you can see above, it will be necessary to prove dependence to sponsor parents after the end of June.

      I'd be looking into all this before even considering applying for citizenship for yourself, since there's no requirement to be British for any practical purposes other than being able to vote in GEs, and there's not going to be another one for 4 years or so.

      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


      • #4
        Originally posted by NickyP View Post
        Hi,

        Firstly, thanks for the invaluable help you offer! I have few questions I would appreciate your help with.

        1) I have a PR, which I know it expires on 31/12, and although I was hoping I could apply for citizenship by the end of the year, I’m not sure how realistic this is. Can you see any probs with applying in the new year, after I have applied for Settled Status?

        my circumstances are:
        married to a British citizen,
        currently on maternity leave until 07/21. from 01/21 onwards on statutory pay only.
        kids born this summer

        2) applied for kids 1st passport and mistakenly have said yes to having settled status, when I only have pr. HO now requires the ss number. Should I just write to them and tell them that it was a genuine mistake (looking after newborn twins seriously deprives you of sleep and clarity of mind) and include the PR number instead?
        A child born in the UK to a British parent is born British, so it shouldn't make any difference whether the other parent had PR or settled status for the purpose of establishing their citizenship. You may want to point this out as well as your mistake as you describe above.

        Originally posted by NickyP View Post
        Or should I apply for Settled status (esp if i don’t manage to apply for citizenship this year) and then apply? or is it irrelevant , as their father is British?
        It wouldn't make any difference for the purpose of your children's passport, since you would be granted status AFTER the child's birth, but see above with regards to their claim to British citizenship.

        However, you will need settled status, so you should apply for yourself, and applying with PR only takes a few minutes on your phone and entering your PR card number to avoid having to provide further evidence of residence.

        As noted above, you need to sort out your parents before applying for citizenship for yourself, so better to just get your settled status for now.

        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
          Many thanks for taking the time to get back to me!

          Comment

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