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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 Spouse to Join British Citizen

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  • LAWYER RESPONSE EU Spouse to Join British Citizen

    Hi

    Thanks for the interesting forum and hopefully you can help us too!

    I'm a British citizen (was born in Northern Ireland and lived in UK for 25 years). I spent the last seven years in Germany and also now have an Irish passport to help with Brexit.

    My husband is German and we have recently applied for an EUSS family permit so that we can move to the UK as soon as possible.

    My questions are:

    1. How long does an application like this usually take?
    2. Does proof of living together and me working here need to be in English? We submitted translation of marriage certificate etc but not translated pay slips, mortgage statements etc - these were in German
    3. Can an application be changed once submitted? I have since read I could have applied a s a relevant person of Northern Ireland and therefore would have needed less supporting evidence (save on the translations!)

    Also, our son was born in Germany and has a british passport. I understand he is a British citizen by descent. Would it be possible for him to enter the UK on his German passport and then simply apply for a British passport when we get there (we wouldn't have time to wait for it if we apply here).

    Thanks so much for any light you can shed. Despite many different routes, I'm struggling to find the info we need.

    We will of of course keep you informed of timings and decisions!

  • #2
    Originally posted by tulip32 View Post
    Hi

    Thanks for the interesting forum and hopefully you can help us too!

    I'm a British citizen (was born in Northern Ireland and lived in UK for 25 years). I spent the last seven years in Germany and also now have an Irish passport to help with Brexit.

    My husband is German and we have recently applied for an EUSS family permit so that we can move to the UK as soon as possible.

    My questions are:

    1. How long does an application like this usually take?
    2. Does proof of living together and me working here need to be in English? We submitted translation of marriage certificate etc but not translated pay slips, mortgage statements etc - these were in German
    3. Can an application be changed once submitted? I have since read I could have applied a s a relevant person of Northern Ireland and therefore would have needed less supporting evidence (save on the translations!)
    Morning,

    Family members who are, themselves, EEA nationals, don't need to apply for a family permit, they can apply directly for pre-settled status from abroad.

    I am also wondering about the basis of this application, since:

    As an Irish national, you'd need to be eligible under the EUSS even when you don't need to have made an application, this means being in the UK at least one day before the end of last year and no more than 6 months ago;

    The criteria for a "relevant person of Northern Ireland" is set out here: Family members - UKCEN Citizenship and Residence for European Nationals and their families

    ...where we have:

    An eligible person of Northern Ireland is someone who:
    • was born in Northern Ireland; and
    • has British, Irish or dual British and Irish citizenship. At the time their birth, one of their parents must have been:
    • a British citizen
    • a Irish citizen
    • a dual British and Irish citizen
    • entitled to reside in Northern Ireland with no restriction on their period of residence.

    But from what you say above, you've not been living in the UK and wouldn't meet the residence criteria for that reason, so I'm assuming the application was made under Surinder Singh, i.e. as a British citizen wishing to return to the UK with the family member they were living with in the other EU country. Would you be able to confirm 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
      Originally posted by tulip32 View Post
      Also, our son was born in Germany and has a british passport. I understand he is a British citizen by descent. Would it be possible for him to enter the UK on his German passport and then simply apply for a British passport when we get there (we wouldn't have time to wait for it if we apply here).
      Not sure I understand your question, since you say he alreay has a British passport.

      Originally posted by tulip32 View Post
      Thanks so much for any light you can shed. Despite many different routes, I'm struggling to find the info we need.

      We will of of course keep you informed of timings and decisions!
      Please see my post 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


      • #4
        We have applied under Surinder Singh (as the husband of a British citizen). I have not read anywhere that he could simply apply from outside the UK (we weren't resident there before 31 Dec). Could you signpost me to any government information on this? Where could he apply? Could he apply despite having already applied for a family permit?

        Reading the above I fulfil all the criteria for "a relevant person of NI' - I was born there and am entitled to reside there with no restrictions. I haven't read anywhere that I had to live there recently. I did grow up there.

        Apologies for the typo - my son only currently has a German passport.

        Thanks for the help!

        Comment


        • #5
          Originally posted by tulip32 View Post
          We have applied under Surinder Singh (as the husband of a British citizen). I have not read anywhere that he could simply apply from outside the UK (we weren't resident there before 31 Dec). Could you signpost me to any government information on this? Where could he apply? Could he apply despite having already applied for a family permit?

          Reading the above I fulfil all the criteria for "a relevant person of NI' - I was born there and am entitled to reside there with no restrictions. I haven't read anywhere that I had to live there recently. I did grow up there.

          Apologies for the typo - my son only currently has a German passport.

          Thanks for the help!
          Gabriella B (lawyer) Would you be able to comment on the above? Could she apply directly for pre-settled status from abroad being an EEA national herself, under Surinder Singh? Or would the relevant person of N Ireland route be appropriate here, without the need for Surinder Singh?

          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


          • #6
            Originally posted by tulip32 View Post
            We have applied under Surinder Singh (as the husband of a British citizen). I have not read anywhere that he could simply apply from outside the UK (we weren't resident there before 31 Dec). Could you signpost me to any government information on this? Where could he apply? Could he apply despite having already applied for a family permit?

            Reading the above I fulfil all the criteria for "a relevant person of NI' - I was born there and am entitled to reside there with no restrictions. I haven't read anywhere that I had to live there recently. I did grow up there.

            Apologies for the typo - my son only currently has a German passport.

            Thanks for the help!
            Olga M (lawyer) Would you be able to comment on the above? Could she apply directly for pre-settled status from abroad being an EEA national herself, under Surinder Singh? Or would the relevant person of N Ireland route be appropriate here, without the need for Surinder Singh?

            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
              Hi all, any guidance here would be much appreciated .Thanks!

              Comment


              • #8
                Originally posted by Site Admin View Post

                Olga M (lawyer) Would you be able to comment on the above? Could she apply directly for pre-settled status from abroad being an EEA national herself, under Surinder Singh? Or would the relevant person of N Ireland route be appropriate here, without the need for Surinder Singh?
                Sorry, I wouldn't be able to help as I am not an expert in Surinder Singh.

                I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. 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 Olga M for full details.

                Comment


                • #9
                  Originally posted by tulip32 View Post
                  We have applied under Surinder Singh (as the husband of a British citizen). I have not read anywhere that he could simply apply from outside the UK (we weren't resident there before 31 Dec). Could you signpost me to any government information on this? Where could he apply? Could he apply despite having already applied for a family permit?

                  Reading the above I fulfil all the criteria for "a relevant person of NI' - I was born there and am entitled to reside there with no restrictions. I haven't read anywhere that I had to live there recently. I did grow up there.

                  Apologies for the typo - my son only currently has a German passport.

                  Thanks for the help!
                  Melissa V (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.

                  Comment


                  • #10
                    Aisha R (lawyer) Would you be able to comment?

                    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


                    • #11
                      I apologise but I don’t understand the question.... if the application has already been made then what advice can I give after the event

                      I am an Immigration Adviser with AR UK Immigration & Visa Services, authorised by the Office of Immigration Services Commissioner (OISC) and also by CILEX, to provide immigration advice at level 3, and a member of the UK Immigration Law Practitioners Association (ILPA). 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 Aisha R for full details.

                      Comment


                      • #12

                        Originally posted by Aisha R View Post
                        I apologise but I don’t understand the question.... if the application has already been made then what advice can I give after the event
                        Thanks for looking into this, they were wondering whether they can apply directly under the EUSS without having to go via the family permit route.

                        Originally posted by tulip32 View Post
                        We have applied under Surinder Singh (as the husband of a British citizen). I have not read anywhere that he could simply apply from outside the UK (we weren't resident there before 31 Dec). Could you signpost me to any government information on this? Where could he apply? Could he apply despite having already applied for a family permit?

                        Reading the above I fulfil all the criteria for "a relevant person of NI' - I was born there and am entitled to reside there with no restrictions. I haven't read anywhere that I had to live there recently. I did grow up there.

                        Apologies for the typo - my son only currently has a German passport.

                        Thanks for the help!

                        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


                        • #13

                          Originally posted by Aisha R View Post
                          I apologise but I don’t understand the question.... if the application has already been made then what advice can I give after the event
                          Aisha R
                          Thanks for looking into this, they were wondering whether they can apply directly under the EUSS without having to go via the family permit route.

                          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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


                          • #14
                            Aisha R

                            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


                            • #15
                              Gabriella B (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.

                              Comment

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