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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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Help eu family member

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  • LAWYER RESPONSE Help eu family member

    Hi. I am Portuguese with pre settle and I went back to Portugal, to bring my wife and son (both eu nationals) to the UK. What should I do? Do I apply for both of them for pre settle status under my application from portugal or should I apply for family permit from portugal?

  • #2
    Originally posted by Edinhoba View Post
    Hi. I am Portuguese with pre settle and I went back to Portugal, to bring my wife and son (both eu nationals) to the UK. What should I do? Do I apply for both of them for pre settle status under my application from portugal or should I apply for family permit from portugal?
    Evening,

    You may want to look here: Applications from family members

    ...where we have:
    Applying from outside the UK

    Family members who are, themselves, EEA nationals can apply from outside the UK if they have a valid passport or ID card with a biometric chip.


    Family members who are non EEA nationals can apply from outside the UK if they have a relevant document, such as:
    • a residence card
    • a permanent residence card
    • a derivative residence card
    These applications can be made using the the EU Exit app.
    Provided they have a passport with a chip that the app can read, the application for them can be made from abroad before travelling to the UK.

    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 your wife and son were not here before the end of last year, they need to apply as joining family members. Once their identity has been verified via the app, the online form will ask whether the application is made on the basis of their own residence or of family relationship.

      Your wife will need your marriage certificate to prove the relationship, your son his birth certificate.

      Also note the following: Children

      ...where you'll see:
      You need to provide proof of your child’s residence if your child started living in the UK before the end of December 2020.

      EEA national children who were not living in the UK before this date can still make an application, but there will be a note in the Home Office's records, to say they will not be eligible to sponsor other family members themselves in the future.
      This has been the source of much confusion, when people get asked for evidence of residence despite having chosen to apply on the basis of the relationship. The explanation is above.

      If you have any further questions kindly post them up below.

      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
        Thanks so much. If you could answer, can they travel with me to UK even if they only have the coa or they should wait for the outcome?

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        • #5
          Originally posted by Edinhoba View Post
          Thanks so much. If you could answer, can they travel with me to UK even if they only have the coa or they should wait for the outcome?
          Gabriella B (lawyer) In view of recent developments, what would you suggest?

          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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          • #6
            I am aware of people who applied from abroad and travelled with a CoA, with no problem, but I do not feel confident that the situation won't change, especially at the end of the grace period. It might be prudent to wait, unless travel is urgent.

            I am the director of MGBe Legal, an OISC regulated company. 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 Gabriella B for full details.

            Comment


            • #7
              Morning Edinhoba and Gabriella B

              I sent an enquiry to the Home Office about travel and pending applications and they responded as follows:

              Originally posted by EEA Applications said
              All EEA travellers can still enter the UK via the production of their valid passport or national identity card. EEA travellers are able to use eGates in order to gain entry into the UK if they are travelling on their passports as they were previously.

              Those EEA citizens and their family members who have made an “in time” application to the European Union Settlement Scheme (EUSS) which remains pending after the end of the grace period will continue to be protected by the Citizens’ Rights (Temporary Protection and Application Deadline) (EU Exit) Regulations 2020. This means that they will continue to have a right of admission until their application is finally determined, and will not require a grant of leave at the border nor will they need to await the issue of a COA.

              EUSS family permit holders may re-enter the UK as many times as they wish during the validity of their permit. Provided that they have applied to the EUSS before the date that their permit expires, they will continue to have their leave extended by virtue of section 3C of the Immigration Act 1971 until such point that their EUSS application is finally determined. In all cases, Border Force officers will be able to verify the existence of a pending application on Home Office systems, should they need to do so.

              I trust that this information clarifies the situation.

              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
                This is helpful - it does not clarify if having a PENDING EUSS FP allows one to travel, I guess if they are non EEA they shouldn't, but if they are EEA JFM (with a PSS JFM application made abroad, they can travel in and out)

                I am the director of MGBe Legal, an OISC regulated company. 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 Gabriella B for full details.

                Comment


                • #9
                  Originally posted by Gabriella B View Post
                  This is helpful - it does not clarify if having a PENDING EUSS FP allows one to travel, I guess if they are non EEA they shouldn't, but if they are EEA JFM (with a PSS JFM application made abroad, they can travel in and out)
                  My guess is, visa nationals would need to wait for their EUSS FP, as there is no way to prove a pending application and they would need to show a visa upon arrival, but non visa nationals who can use egates could probably enter as visitors in the usual manner.

                  Thing is, I had previously submitted an enquiry about this last year, when one of the groups who help people with applications were posting on social media, that family members who are themselves, EU nationals applying from abroad, couldn't enter until they had their decision. Only I never got a response to that particular enquiry, probably because it was done around Christmas time, right after they'd decided EEA nationals didn't need family permits. They had previously told me in person, in the course of a meeting, that they would need them from January 1st.

                  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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                  • #10
                    I travelled with my wife and son, no problems whatsoever. At the border control they asked for the visa or euss. But it was easy and simple to get in.

                    Comment


                    • #11
                      Originally posted by Edinhoba View Post
                      I travelled with my wife and son, no problems whatsoever. At the border control they asked for the visa or euss. But it was easy and simple to get in.
                      Brilliant, thank you for sharing your experience at the border.

                      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.

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                      • #12
                        Originally posted by Site Admin View Post

                        My guess is, visa nationals would need to wait for their EUSS FP, as there is no way to prove a pending application and they would need to show a visa upon arrival, but non visa nationals who can use egates could probably enter as visitors in the usual manner.

                        Thing is, I had previously submitted an enquiry about this last year, when one of the groups who help people with applications were posting on social media, that family members who are themselves, EU nationals applying from abroad, couldn't enter until they had their decision. Only I never got a response to that particular enquiry, probably because it was done around Christmas time, right after they'd decided EEA nationals didn't need family permits. They had previously told me in person, in the course of a meeting, that they would need them from January 1st.
                        Just for reference, as I never got a response to this enquiry last year, I sent another enquiry a couple of weeks ago and this was their response:

                        Originally posted by EEA Applications said
                        All EEA travellers can still enter the UK via the production of their valid passport or national identity card. EEA travellers are able to use eGates in order to gain entry into the UK if they are travelling on their passports as they were previously.

                        Those EEA citizens and their family members who have made an “in time” application to the European Union Settlement Scheme (EUSS) which remains pending after the end of the grace period will continue to be protected by the Citizens’ Rights (Temporary Protection and Application Deadline) (EU Exit) Regulations 2020. This means that they will continue to have a right of admission until their application is finally determined, and will not require a grant of leave at the border nor will they need to await the issue of a COA.

                        EUSS family permit holders may re-enter the UK as many times as they wish during the validity of their permit. Provided that they have applied to the EUSS before the date that their permit expires, they will continue to have their leave extended by virtue of section 3C of the Immigration Act 1971 until such point that their EUSS application is finally determined. In all cases, Border Force officers will be able to verify the existence of a pending application on Home Office systems, should they need to do so.

                        I trust that this information clarifies the situation.

                        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 Edinhoba View Post
                          I travelled with my wife and son, no problems whatsoever. At the border control they asked for the visa or euss. But it was easy and simple to get in.
                          Morning and thanks for the update. Lovely to hear it all went smoothly, as it should have been as per 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

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