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IMPORTANT UPDATE

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 status EU family member of EU & GB citizen

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  • Info required Pre- settled status EU family member of EU & GB citizen

    Hi guys. How can I apply for a pre- settled status for my mum? She is an EU citizen. Is it even possible?
    I am an EU by birth and British by naturalisation and don’t have SS as I became British in 2018.

    thank you in advance.

  • #2
    Originally posted by Ren View Post
    Hi guys. How can I apply for a pre- settled status for my mum? She is an EU citizen. Is it even possible?
    I am an EU by birth and British by naturalisation and don’t have SS as I became British in 2018.

    thank you in advance.
    Evening,

    Yes, it is possible for close family members, such as parents, to obtain pre-settled status on the basis of the relationship. Although there is no deadline for them to apply, you should be aware that dependency for parents will be assumed only till the end of June, from July 1st, it will be necessary to prove dependency, which can make the application considerably harder, as, in the past, applications that hinged on dependency were often refused if they were not satisfied the relative was, in fact, dependent on the sponsor.

    Thanks to the Lounes judgment, it is possible for dual EU/UK nationals who retained their EU nationality, to sponsor family members, as noted here: Dual UK/EU citizens (Lounes).

    Would you be able to tell us whether your mum lives here in the UK or abroad?

    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
      My mum lives currently abroad but I want to make it sure that she can join me in the UK when necessary. In that case how can I apply? Can I do it online?

      Comment


      • #4
        Originally posted by Ren View Post
        My mum lives currently abroad but I want to make it sure that she can join me in the UK when necessary. In that case how can I apply? Can I do it online?
        Morning,

        You need to contact the resolution centre and explain the circumstances, so they can tell you how she needs to apply. Normally family members who are, themselves, EU nationals, can apply from abroad using the app with their passport, however, family members of people who became British need to request a paper form (commonly referred to as a "Lounes" form) which is only available from them, after answering a number of questions, they are personalised forms and not available to download.

        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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        • #5
          You need to hurry with this because of the following: Evidence for parents, grandparents and great grandparents - 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
          If the application is made after the end of June, it will be necessary to prove dependency, and this can be much harder than people often think. In the past, applications that hinged on dependency often failed when the evidence of dependency provided was regarded as insufficient.

          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 Site Admin View Post

            Morning,

            You need to contact the resolution centre and explain the circumstances, so they can tell you how she needs to apply. Normally family members who are, themselves, EU nationals, can apply from abroad using the app with their passport, however, family members of people who became British need to request a paper form (commonly referred to as a "Lounes" form) which is only available from them, after answering a number of questions, they are personalised forms and not available to download.
            I’ll call them tomorrow, fingers cross they’ll give me that form.

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            • #7
              Thank you for all your help, I’ll keep you informed.

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              • #8
                Hi guys, as promised, here is the update.
                I spoke yesterday with the EUSS resolution centre, was told that my mum cannot apply from abroad under the Lounes scheme. She must apply for a family permit and once in the UK, she can apply for the SS. I asked whether she must come by the end of 30/06, the woman said no and that there is no deadline re Lounes route.
                Last time my mum was In the UK was in 2019, not sure if she had been in 2020 would have made any difference.
                another point is she can’t arrive as a visitor, it must be with a family permit.
                so, this is what I’ve learned. Will keep you updated once I start the application process.

                Comment


                • #9
                  Originally posted by Ren View Post
                  Hi guys, as promised, here is the update.
                  I spoke yesterday with the EUSS resolution centre, was told that my mum cannot apply from abroad under the Lounes scheme. She must apply for a family permit and once in the UK, she can apply for the SS. I asked whether she must come by the end of 30/06, the woman said no and that there is no deadline re Lounes route.
                  Last time my mum was In the UK was in 2019, not sure if she had been in 2020 would have made any difference.
                  another point is she can’t arrive as a visitor, it must be with a family permit.
                  so, this is what I’ve learned. Will keep you updated once I start the application process.
                  Afternoon and thanks for the update.

                  Do bear in mind though, that, although there is no deadline via the Lounes route (in fact, there is no deadline for parents, full stop), you should still be mindful of the fact that, for parents, dependency is only assumed if the application is made before the end of June. Although the application can be made later, dependency will need to be proved, and, in the past, many applications relying on dependency failed on this point.

                  The good news is, if she applies for the family permit before the end of June, this shouldn't be an issue, even if the permit is granted later on and she moves here and applies for pre-settled after the end of June. I sent an enquiry to the Home Office and this was their response:

                  Originally posted by EEA Applications said
                  I can confirm that an application for an EUSS Family Permit submitted before 30 June would be considered in line with the guidance in place at the time the application was submitted. As such, if an application is submitted before 30 June and considered after this date, dependency would be assumed in line with the guidance in place at the time of application.

                  Where an application is then made as a Joining Family member after the 30 June deadline, dependency would not have to be evidenced again since we would consider dependency to have been proved at Entry Clearance.

                  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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