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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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EU settlement scheme status for parents after 30 june2021

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  • EU settlement scheme status for parents after 30 june2021

    Hi . All members
    I would like to know my parents applied EUSS family permit. If they granted visa to enter uk.
    if they arrived after 30 june 2021 in UK.
    Still can apply for pre.settle status for parents without dependency required?

  • #2
    Originally posted by Hanjra67 View Post
    Hi . All members
    I would like to know my parents applied EUSS family permit. If they granted visa to enter uk.
    if they arrived after 30 june 2021 in UK.
    Still can apply for pre.settle status for parents without dependency required?
    Afternoon,

    First of all, you should be mindful of the validity of family permits, as noted here: Settlement Scheme family permit - UKCEN Citizenship and Residence for European Nationals and their families

    ...where you'll note:
    Validity

    ​ An EUSS family permit is valid for 6 months, unless:
    • you plan to arrive in the UK on or after 1 April 2021
    • your application is approved more than three months ahead of your planned arrival date
    ​ In this case, it’s valid for 4 months from your planned arrival date.

    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
      If the application for pre-settled status is made after the end of June, then they would need to prove dependency, which could make matters more difficult, as many applications relying on dependency fail on this issue.

      The Home Office has confirmed that, once dependency is tested once, it doesn't have to be tested again, ie. if it was tested for pre-settled status, it won't be tested again for settled status, however, if the application for the family permit was made before dependency had to be proved, then it wouldn't have been tested at this stage, so it would need to be tested at the pre-settled status application stage.

      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 should also look here: Dependent relatives (extended family members) - applications no longer accepted - UKCEN Citizenship and Residence for European Nationals and their families

        ...where you'll see:
        Who is a dependent relative?

        Dependent relatives, also referred to as extended family members, include the brother, sister, aunt, uncle, nephew, niece or cousin of an EU citizen (or, in some cases, of their spouse or civil partner).

        To apply for pre-settled status, extended family members require:

        A relevant document issued on the basis of the family relationship, such as a residence card or a family permit (EEA FP); and
        Evidence of dependency, which could be:
        • needing and receiving personal care from the family member on serious health grounds; or
        • being a member of your family member's household (living with them).

        Further information regarding dependency and how to establish it

        See page 57 of the Home Office guidance, for examples for dependence evidence:

        This evidence might take the form of for example:
        • evidence of their financial dependency, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen) or the spouse or civil partner
        • evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen), or of their spouse or civil partner, on serious health grounds, such as a letter from a hospital consultant.

        A UT Judge has analysed EU case law on the meaning of “dependent” and summarised it as follows:
        1. A person is only dependent if they actually receive support from another
        2. There doesn't need to be a right to that support, and it is irrelevant that there are alternative sources of support available
        3. That support must be material, although not necessarily financial, and must provide for, or contribute towards, the basic necessities of life.

        Although the above was written with extended family members in mind (a route that closed at the end of last year), the same principles would apply to other applications that hinge on dependency.

        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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