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EUSS for a family member of an EEA person holding PSS

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  • LAWYER RESPONSE EUSS for a family member of an EEA person holding PSS

    Hello!

    I would like to apply to the EUSS for my mum. I'm holding PSS and she will be joining me later on this year. I wanted to apply before the end of June in order not to prove dependency. I was going to use my birth certificate as proof of relationship. However, on my birth certificate my mums surname is only the surname after marriage (P********) but on her passport it is her maiden surname and the surname she acquired after marriage written with a dash between them (T*******-P*********).
    Do you think this will be an issue or can I just use my birth certificate to apply for her?

    Thank you in advance!

  • #2
    Gabriella B (lawyer) Would you be able to comment on whether this discrepancy would be an issue?

    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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      It has to be clear that it's the same person, I cannot be sure this can be understood from the documents you mention.

      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.

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      • #4
        Hello again,

        Thank you for your answers!

        Sadly I do not have any other documents to prove relationship. Forgot to say that my mum is an EEA citizen so the process should be a bit simpler.

        Should I go ahead and try to apply with the documents I have and hope for the best?

        Kind regards,
        E.

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        • #5
          Originally posted by erh1998 View Post
          Hello!

          I would like to apply to the EUSS for my mum. I'm holding PSS and she will be joining me later on this year. I wanted to apply before the end of June in order not to prove dependency. I was going to use my birth certificate as proof of relationship. However, on my birth certificate my mums surname is only the surname after marriage (P********) but on her passport it is her maiden surname and the surname she acquired after marriage written with a dash between them (T*******-P*********).
          Do you think this will be an issue or can I just use my birth certificate to apply for her?

          Thank you in advance!
          It is very strange that a birth certificate does not show the mother's maiden name. Where was the certificate issued, which country?

          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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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          • #6
            It was issued in Bulgaria but I obtained an English version as well a few years ago. I think they made a mistake when filling in my mothers name. Her first names (B***** G******) are the same on the passport and the birth certificate. It's just that the maiden surname is missing.

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            • #7
              Originally posted by erh1998 View Post
              It was issued in Bulgaria but I obtained an English version as well a few years ago. I think they made a mistake when filling in my mothers name. Her first names (B***** G******) are the same on the passport and the birth certificate. It's just that the maiden surname is missing.
              This is very unusual and must be addressed with the authorities in Bulgaria or the consulate of Bulgaria in the UK. The maiden name should not be missing. But as you said as both surnames (with the dash) appear in her passport, they might be able to ascertain this is the same person. One other document that might be useful to attach is your mother and father marriage certificate (translated in English) as this will have both of your mother's surnames and might be accepted as proof of a name change.

              I would personally apply with what you have at the moment, and in the meantime try to resolve the birth certificate issue with the Bulgarian authorities and additionally obtain your parents' marriage certificate (with a translation) - I know this might be a pain, but it is better to make an effort in resolving the issue, in case the Home Office asks for more proof of relationship or proof of name change.

              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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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              • #8
                Thank you! I will do that then!

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                • #9
                  Originally posted by erh1998 View Post
                  Thank you! I will do that then!
                  Morning,

                  I agree with my colleague, since the key issue here is to make the application before dependency kicks in, and what counts for this purpose is the date when it's submitted online, applications can be left open while the applicant obtains the evidence. Start with what you have, it may well be accepted. If you still have issues and need to get back to the Bulgarian authorities, make sure you liaise with the EUSS on behalf of your mum to make sure they keep the application open while you get the evidence, to avoid having to make a new one under different rules.

                  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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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                  • #10
                    Hello again,

                    I applied for my mum's PSS on 11th of June and I still have not heard back. Is this normal? It's been more than a month. She is not allowed in the UK before the outcome of the application, right? Or she can come here on a tourist visa?

                    Thank you in advance!

                    Kind regards,
                    E.

                    Comment


                    • #11
                      Originally posted by erh1998 View Post
                      Hello again,

                      I applied for my mum's PSS on 11th of June and I still have not heard back. Is this normal? It's been more than a month.
                      Afternoon,

                      Yes, it's very normal, especially in view of the high volume of applications made towards the end of June, there's a bit of a backlog.

                      Originally posted by erh1998 View Post
                      She is not allowed in the UK before the outcome of the application, right? Or she can come here on a tourist visa?
                      As you say the application was for pre-settled status directly, rather than a family permit, in which case I'm assuming your mum is an EEA national. That being the case, I sent an enquiry to the Home Office a while ago, their response was as below:

                      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.
                      As you will see, she doesn't need to wait for the decision.

                      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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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                      • #12
                        Thank you!

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