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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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Late wedding due to Covid

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  • Referred to Lawyer Late wedding due to Covid

    Hello and thank you for your help in advance.I have pre settle status and I ve been working in the UK since last November.I am a Greek citizen and i got married to my long time girlfriend this February.We had all the documents ready to get married before the Brexit but due to the pandemic the civil wedding was postponed.My wife is a Greek citizen and she wants to join me in the UK.I am lost.I am not sure if she can apply for family permit.Any advice?

  • #2
    Originally posted by Konsgkio View Post
    Hello and thank you for your help in advance.I have pre settle status and I ve been working in the UK since last November.I am a Greek citizen and i got married to my long time girlfriend this February.We had all the documents ready to get married before the Brexit but due to the pandemic the civil wedding was postponed.My wife is a Greek citizen and she wants to join me in the UK.I am lost.I am not sure if she can apply for family permit.Any advice?
    Afternoon,

    Just for the record, Brexit was at the end of January 2020, the end of last year was just the end of the transition period. As this was a rather frequent occurrence, I sent an enquiry to the Home Office, and their response was as follows:


    I can confirm that those who have not been able to marry due to Covid-19 restrictions may still be eligible to apply to the EU Settlement scheme as a durable partner.

    If a prospective applicant to the EU Settlement Scheme has been previously issued with a relevant document under the EEA Regulations where they have gained status as the unmarried partner of their EEA sponsor, this will be considered as proof of relationship under the Scheme.

    If a prospective applicant does not hold such a document but is residing in the UK as the durable partner of an EEA national lawfully with leave in a different capacity (but not as a ‘visitor’), they could apply in-country as a joining family member under the terms of the EUSS.

    Durable partners applying as a joining family member can rely on alternative evidence (rather than a relevant document) that the partnership was formed and durable before 31 December 2020. This evidence might, for example, take the form of:
    • evidence of cohabitation (bank statements or utility bills in joint names at the same address, residential tenancy or rental agreements or mortgage statements, official correspondence which links them at the same address)
    • evidence of joint finances, business ventures or commitments (tax returns of business contracts, investments)
    So that they are not required to leave the UK to break their period of residence here, they must be here with a lawful basis of stay and not be in the UK as a ‘visitor’, in accordance with that definition in Annex 1 to Appendix EU. This means that the applicant has not been granted leave under paragraphs 40-56Z, 75A-M or 82-87 of the Immigration Rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020.

    This is set out on pages 69 and 82 of the ‘EU Settlement Scheme: EU, other EEA and Swiss citizens and their family member’ guidance.

    If a prospective applicant to the Scheme is in the UK as a visitor and wishes to apply under the terms of the EU Settlement Scheme as a durable partner under the joining family member route, they must leave the UK and break their period of residence then apply for an EUSS Family Permit. Once in the UK, they may then apply as a Joining Family member.

    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
      If you meet the criteria for durable partners noted above, then she should be able to apply for a family permit, but she must do that before the end of June!

      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
        I really appreciate all the information you provided. At the moment my wife is in the UK as a visitor. Does this mean that if she wants to apply for a family permit she has to go back to Greece to give the biometrics and necessary documents? Is it possible to do that in the UK?

        Comment


        • #5
          Originally posted by Konsgkio View Post
          I really appreciate all the information you provided. At the moment my wife is in the UK as a visitor. Does this mean that if she wants to apply for a family permit she has to go back to Greece to give the biometrics and necessary documents? Is it possible to do that in the UK?
          Did your spouse travel to the UK at any point before 31 Dec 2020 and has she been in the UK from the day she travelled? If she has evidence of this she will be able to apply for pre-settled status on the basis of this because she is also a EEA national.

          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


          • #6
            Originally posted by Konsgkio View Post
            I really appreciate all the information you provided. At the moment my wife is in the UK as a visitor. Does this mean that if she wants to apply for a family permit she has to go back to Greece to give the biometrics and necessary documents? Is it possible to do that in the UK?
            Also have you read the post above by my colleague and the response from the Home Office about the possibility to apply as a durable partner?

            I can confirm that those who have not been able to marry due to Covid-19 restrictions may still be eligible to apply to the EU Settlement scheme as a durable partner.

            If a prospective applicant to the EU Settlement Scheme has been previously issued with a relevant document under the EEA Regulations where they have gained status as the unmarried partner of their EEA sponsor, this will be considered as proof of relationship under the Scheme.

            If a prospective applicant does not hold such a document but is residing in the UK as the durable partner of an EEA national lawfully with leave in a different capacity (but not as a ‘visitor’), they could apply in-country as a joining family member under the terms of the EUSS.

            Durable partners applying as a joining family member can rely on alternative evidence (rather than a relevant document) that the partnership was formed and durable before 31 December 2020. This evidence might, for example, take the form of:
            • evidence of cohabitation (bank statements or utility bills in joint names at the same address, residential tenancy or rental agreements or mortgage statements, official correspondence which links them at the same address)
            • evidence of joint finances, business ventures or commitments (tax returns of business contracts, investments)
            So that they are not required to leave the UK to break their period of residence here, they must be here with a lawful basis of stay and not be in the UK as a ‘visitor’, in accordance with that definition in Annex 1 to Appendix EU. This means that the applicant has not been granted leave under paragraphs 40-56Z, 75A-M or 82-87 of the Immigration Rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020.

            This is set out on pages 69 and 82 of the ‘EU Settlement Scheme: EU, other EEA and Swiss citizens and their family member’ guidance.

            If a prospective applicant to the Scheme is in the UK as a visitor and wishes to apply under the terms of the EU Settlement Scheme as a durable partner under the joining family member route, they must leave the UK and break their period of residence then apply for an EUSS Family Permit. Once in the UK, they may then apply as a Joining Family member.

            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


            • #7
              Originally posted by Konsgkio View Post
              I really appreciate all the information you provided. At the moment my wife is in the UK as a visitor. Does this mean that if she wants to apply for a family permit she has to go back to Greece to give the biometrics and necessary documents? Is it possible to do that in the UK?
              Hello again,

              I'm afraid it's not possible for unmarried partners who are here as visitors, to apply from inside the UK, the only way unmarried partners can apply from inside the UK is if they had been issued with a residence card under the EEA Regulations, and applications for this route (form EEA EFM) closed at the end of last year, the only route being left open is the family permit, which must be applied for from outside the UK, this is all in accordance with the Home Office's response that my colleague posted 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


              • #8
                Originally posted by ClaudLatina View Post

                Did your spouse travel to the UK at any point before 31 Dec 2020 and has she been in the UK from the day she travelled? If she has evidence of this she will be able to apply for pre-settled status on the basis of this because she is also a EEA national.
                In relation to this point, I have also received a response to an enquiry I made yesterday, regarding evidence of being here at least one day before the end of last year and no more than 6 months ago:

                Applicants to the scheme should show that they were resident in the UK by 31 December 2020 and that their continuity of residence was not broken at that date. This means that they should evidence they were resident in the UK during the 6 months prior to the end of the transition period (i.e. evidence from between June and December).

                Whether they then need to provide further evidence from 2021 would depend on the age of the evidence provided from 2020. For example, anything that showed residence in December would confirm eligibility for pre-settled status for any applications received 6 months post that date. However, if it were dated June then we would only be able to accept this as evidence of residence up until December. It would not be sufficient to confirm unbroken residence for anyone who applied after that and so they would be required to provide further evidence from 2021 showing there was no break in continuity of residence.
                This hasn't been made clear at all, so, hopefully, it should also help others who are wondering.

                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


                • #9
                  I followed the steps in order to apply for EU Settlement Family permit. As a last step during the application i have to upload the documents and choose an appropriate appointment date in the TLS Contact Visa Center in Athens. Unfortunately there is not an available appointment to choose when I try to complete the application. No one is answering when i call the Visa Center. I feel frustrated because the deadline is just a month away. I would really appreciate your help

                  Comment


                  • #10
                    Is there someone who can provide assistance for me in order to complete the application. I will pay for the services

                    Comment


                    • #11
                      Originally posted by Konsgkio View Post
                      Is there someone who can provide assistance for me in order to complete the application. I will pay for the services
                      You could contact one of our lawyers via email.

                      Here is the list of lawyers.

                      Our Legal Team - UKCEN Citizenship and Residence for European Nationals and their families

                      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


                      • #12
                        Originally posted by Konsgkio View Post
                        I followed the steps in order to apply for EU Settlement Family permit. As a last step during the application i have to upload the documents and choose an appropriate appointment date in the TLS Contact Visa Center in Athens. Unfortunately there is not an available appointment to choose when I try to complete the application. No one is answering when i call the Visa Center. I feel frustrated because the deadline is just a month away. I would really appreciate your help
                        Morning Konsgkio

                        VERY IMPORTANT:

                        Please note that unmarried partners do not need to apply before the end of June, I may have said this was the deadline before, this came from information provided by the Home Office themselves during the course of a meeting at the end of last year, when they said unmarried partners would only be able to apply via the EEA family permit which ends at the end of this month. As with several other things, they have since changed their tune and I sent an email enquiry about this just over a week ago, their reply was as follows:


                        Originally posted by EEA Applications said
                        I can confirm that the EEA Family Permit route closes for all applications on 30 June 2021. However, durable partners (unmarried partners) can still apply using the EUSS Family Permit route.


                        For further guidance re – EUSS please see www.gov.uk/family-permit/eu-settlement-scheme-family-permit

                        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
                          ClaudLatina FYI See above, I had been saying the deadline was the end of June as that's what I had been told, but they changed things and decided to extend the EUSS family permit to unmarried partners, I wanted written confirmation that the deadline was not going to be the end of June, and only got the email above a week ago, before the Bank Holiday weekend.

                          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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