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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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pre-settled refused

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  • Referred to Lawyer pre-settled refused

    good afternoon
    i came from India as a dependent on EU citizen (who is my cousin). applied and received my Residence Card. then applied for the Pre-Settled status. due Corona the financial situation got bad for all so not to be a burdon on my EU sponsor i moved out and starting working this i am told this has made me non-dependent on my EU sponsor and therefore my pre-settled status has been refused. i am in ultra panic mode now. my sponsor was paying the rent for me throughout this period and still pays it.
    has anyone experienced this and reapplied and got a successful result?
    i would appreciate your help and assistance in this matter and any advise how to proceed please
    many thanks in advance

  • #2
    Louis M (lawyer) Would you be able to comment on this?

    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
      Sorry to hear about this. It is a requirement of your pre-settled status application that you be dependant on your cousin. So it sounds like you do have a fundamental problem here if you are no longer dependant.

      A further concern is that, when you ceased to be dependent on your cousin, you ceased to be meeting the requirements of the EEA Regulations. If you ceased to be dependent more than six months ago, then I think you may have lost your continuity of residence, for the purposes of the EUSS. This might be a strict interpretation, but I think it is the correct one - you need to show lawful residence (i.e. dependency on your cousin) prior to 31/12/2020 and within six months of whenever you were to make a new application.

      If you are able to show dependency and get your PSS, then after that, you do not need to continue to be dependent.

      I am an immigration solicitor regulated by the Law Society of England and Wales.  I work at Truth Legal Solicitors where I am Head of Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Louis M for full details.

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      • #4
        Originally posted by surf9 View Post
        good afternoon
        i came from India as a dependent on EU citizen (who is my cousin). applied and received my Residence Card. then applied for the Pre-Settled status. due Corona the financial situation got bad for all so not to be a burdon on my EU sponsor i moved out and starting working this i am told this has made me non-dependent on my EU sponsor and therefore my pre-settled status has been refused. i am in ultra panic mode now. my sponsor was paying the rent for me throughout this period and still pays it.
        has anyone experienced this and reapplied and got a successful result?
        i would appreciate your help and assistance in this matter and any advise how to proceed please
        many thanks in advance
        Afternoon,

        Please refer to our lawyer's response above.

        As this can be a tricky situation, you may benefit from legal advice before making another application. We do have a team of lawyers who volunteer on the forum and also offer private legal advice, their details are here: Lawyers. Louis, who very kindly responded above, is one of them, his details are linked from his signature: Louis M - UKCEN Citizenship and Residence for European Nationals and their families

        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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