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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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Applying to pre-settle status after june 30 with EUSS family permit

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  • ANSWERED Applying to pre-settle status after june 30 with EUSS family permit

    Hi,

    I am a non EEA person trying to join my unmarried partner who has a pre-settle status in the UK. I recently got the EEA family permit but unfortunately I cannot come to the UK before june 30, and therefore, I will miss the deadline to apply for the settle status. I am aware I will have to apply for the EUSS family permit as the EEA family permit won't be valid anymore. My question is if I get the EUSS family permit and arrive to the UK after june 30, will I be able to apply for a pre-settled status?
    What would it be the best option for my situation to join my partner and get the pre-settle status?

    Thank you!

  • #2
    Originally posted by Anylu View Post
    Hi,

    I am a non EEA person trying to join my unmarried partner who has a pre-settle status in the UK. I recently got the EEA family permit but unfortunately I cannot come to the UK before june 30, and therefore, I will miss the deadline to apply for the settle status. I am aware I will have to apply for the EUSS family permit as the EEA family permit won't be valid anymore. My question is if I get the EUSS family permit and arrive to the UK after june 30, will I be able to apply for a pre-settled status?
    What would it be the best option for my situation to join my partner and get the pre-settle status?

    Thank you!
    Aron F (lawyer) I'm just reading the document you very kindly forwarded, where it says:
    • a registration certificate, residence card or permanent residence card issued by the UK under the EEA Regulations on the basis of an application made under the Regulations before 31 December 2020, or; in the case of
    • an EEA Family Permit, before 01 July 2021
    As the application for the EEA permit was made before the end of this month, will they still be able to travel on it and use it to apply for pre-settled status after 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


    • #3
      Originally posted by Site Admin View Post

      Aron F (lawyer) I'm just reading the document you very kindly forwarded, where it says:
      • a registration certificate, residence card or permanent residence card issued by the UK under the EEA Regulations on the basis of an application made under the Regulations before 31 December 2020, or; in the case of
      • an EEA Family Permit, before 01 July 2021
      As the application for the EEA permit was made before the end of this month, will they still be able to travel on it and use it to apply for pre-settled status after the end of June?
      Aron F

      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
        Originally posted by Anylu View Post
        Hi,

        I am a non EEA person trying to join my unmarried partner who has a pre-settle status in the UK. I recently got the EEA family permit but unfortunately I cannot come to the UK before june 30, and therefore, I will miss the deadline to apply for the settle status. I am aware I will have to apply for the EUSS family permit as the EEA family permit won't be valid anymore. My question is if I get the EUSS family permit and arrive to the UK after june 30, will I be able to apply for a pre-settled status?
        What would it be the best option for my situation to join my partner and get the pre-settle status?

        Thank you!
        Aron F

        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


        • #5
          Morning,

          I asked the Home Office about EEA permits, albeit in a slightly different context, for reference, my query was:

          Originally posted by Site Admin asked
          Some extended family members who initially had their applications for a “relevant document” under EEA rules, refused, have appealed these decisions and won on appeal, or their appeals are still in progress. The official pages say that EEA residence cards and family permits will cease to be valid at the end of this month, however, I believe there is something in the Statement of Changes to the Immigration Rules, that refers to documents applied for before the 1st of July, which seems to leave the door open to rely on these documents for EUSS applications even after the end of this month. Would you be able to clarify what the position is, when an individual wins an appeal and obtains a positive decision for an EEA residence card of family permit, whether they are still able to use this as a relevant document for the purpose of making an EUSS application, otherwise it would seem rather pointless to allow the appeals.
          Their response was:
          Originally posted by EEA Applications responded
          Appendix EU gives the definition of a ‘relevant document’ as a document having been issued under the Regulations on the basis of an application submitted by the specified date (or 01 July 2021 in the case of an EEA Family Permit). Any in time application would therefore fall within this.

          The guidance also goes on to say,

          Where the applicant applies for a relevant document (as described in sub-paragraph (a)(i)(aa) or (a)(ii) of that definition in Annex 1 to Appendix EU) as the [relationship] of the relevant EEA citizen (or qualifying British citizen) before the specified date and their relevant document is issued on that basis after the specified date, they are deemed to have held the relevant document since immediately before the specified date.
          They highlighted the bit in red above. So, although my query referred specifically to appeals, their response did not mention appeals at any point, meaning the same principle would apply. And since EEA permits can be applied for till the end of the month, and, clearly, processing time would be more than a few hours, it follows they must still be accepted after that date, otherwise there would be little point in applying for a document that will never be valid to travel here anyway, and it would be a complete waste of time for them to process such applications.

          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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