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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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Non-EEA dependant parent rights: presettled status and retained right of residence

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  • ANSWERED Non-EEA dependant parent rights: presettled status and retained right of residence

    Hi All,

    My question relates to the rights of non-EEA dependant parent.

    Background:

    I'm a non-eea family member and my civil partner is an EEA national. We've been in civil partnership for the past 9 years and have lived in the UK during the whole time. We both also naturalised couple of years ago and acquired British citizenship after getting permanent residents.

    Dependant parent:

    My mother is financially dependant on me and has been so for the past 10 years. She's a non-eea national.

    Please could you help me with:

    1) Does she have a right beyond 1 July 2021 to come to the UK as a dependant parent based on my EEA national partner's status? Or does my acquired British citizenship prevent it? (worth mentioning financial dependancy was there before I was a British citizen and whilst I was in civil partnership with my EEA national partner)

    2) Can she get pre-settled status?

    3) If she got pre-settled status and my relation broke down, would she have a retained right of residence and retain her status until she gets an EU settled status?

    Your help and comments much appreciated,

    grumpy_senator

  • #2
    Originally posted by grumpy_senator View Post
    Hi All,

    My question relates to the rights of non-EEA dependant parent.

    Background:

    I'm a non-eea family member and my civil partner is an EEA national. We've been in civil partnership for the past 9 years and have lived in the UK during the whole time. We both also naturalised couple of years ago and acquired British citizenship after getting permanent residents.

    Dependant parent:

    My mother is financially dependant on me and has been so for the past 10 years. She's a non-eea national.

    Please could you help me with:

    1) Does she have a right beyond 1 July 2021 to come to the UK as a dependant parent based on my EEA national partner's status?
    Afternoon,

    An EEA national can sponsor parents of the non EEA spouse or civil partner. Dependence for parents is only assumed if the family permit application is made before the end of June, however, an application can be made at any time for a dependent parent, but it will be necessary to provide evidence of dependency if the application is made after the end of the month. Please note this only refers to the family permit application to travel here, it will not be necessary to do this again for the pre-settled application in the UK.

    Originally posted by grumpy_senator View Post
    Or does my acquired British citizenship prevent it? (worth mentioning financial dependancy was there before I was a British citizen and whilst I was in civil partnership with my EEA national partner)
    Thanks to the Lounes judgment, dual UK/EU nationals can still sponsor family members under the EUSS as noted here: Dual UK/EU citizens (Lounes)

    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 grumpy_senator View Post
      2) Can she get pre-settled status?
      Non EEA family members need to start by applying for a family permit from outside the UK, this is a short-term visa to travel here and then, once here, they can apply for pre-settle status, as noted here: EUSS Family permit

      ...where you'll see:
      ​ An EUSS family permit is valid for 6 months, unless:
      • you plan to arrive in the UK on or after 1 April 2021
      • your application is approved more than three months ahead of your planned arrival date
      ​ In this case, it’s valid for 4 months from your planned arrival date.

      The family member needs to make an application under the EUSS once in the UK.

      Family permits allow multiple entries to the UK.

      Application

      ​​ Online application form.

      Applications for EUSS family permits are handled by VFS Global or TLS, depending on the family member's country of residence.

      ​ When booking the biometrics appointment on the VFS website, it make come up as "EEA Family Permit", this is fine, since they handle a variety of applications. You will need to submit the application online before being able to book a biometrics appointment.

      ​The application may mention other documents such as evidence of savings, assets, etc. These are generic and not required for this type of application. Only the documents above are required.

      ​​ Decisions are communicated by email, before the passport is returned with the visa.

      ​The family permit is an endorsement on the applicant 's passport.
      The application is free, but a fee may have to be paid to VFS or TLS for the appointment.

      There is no deadline to apply for an EUSS 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


      • #4
        Originally posted by grumpy_senator View Post
        3) If she got pre-settled status and my relation broke down, would she have a retained right of residence and retain her status until she gets an EU settled status?
        There is a provision to apply based on retained rights, as noted here: Apply to the EU Settlement Scheme (settled and pre-settled status): Applying as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein - GOV.UK

        ...where they say:
        If you or a member of your family was previously married or in a civil partnership

        You can apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

        One of the following must also apply:
        • the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
        • you have custody of the EU, EEA or Swiss citizen’s child
        • you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
        • you or another family member was the victim of domestic abuse in the marriage or civil partnership
        You can also apply if a family member had an eligible marriage or civil partnership and you lived in the UK when it ended. You must be their:
        • child, grandchild or great-grandchild under 21 years old
        • dependent child over the age of 21
        • dependent parent, grandparent or great-grandparent
        • other dependent relative

        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


        • #5
          Thank you very much for your response! It helps a lot

          So if I understand correctly:

          a) She can apply for pre-settled status right away once she receives EUSS Family Permit and is in the UK.

          b) Once she has pre-settled status, she doesn't have to wait for 1 year to be eligible for retained right of residence?(I'm inferring this because my own relationship with my EEA partner is longer than 3 years and we've been in the UK during that time. So the civil partnership fits the eligibility criteria). Or does she need to live in the UK at least for 1 year before the retained right of residence to kick in?

          many thanks!

          Comment


          • #6
            Originally posted by grumpy_senator View Post
            Thank you very much for your response! It helps a lot

            So if I understand correctly:

            a) She can apply for pre-settled status right away once she receives EUSS Family Permit and is in the UK.

            b) Once she has pre-settled status, she doesn't have to wait for 1 year to be eligible for retained right of residence?(I'm inferring this because my own relationship with my EEA partner is longer than 3 years and we've been in the UK during that time. So the civil partnership fits the eligibility criteria). Or does she need to live in the UK at least for 1 year before the retained right of residence to kick in?

            many thanks!
            Olga M (lawyer) would you be able to answer the above questions? Many thanks.

            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
              In order for family members of non-EU nationals to retain rights of residence they must be present and living in the UK on the date of divorce/dissolution.

              I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. 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 Olga M for full details.

              Comment


              • #8
                Thanks Olga M! Is there a time requirement such as they must have lived in the UK for a year before the dissolution?

                Comment


                • #9
                  Originally posted by grumpy_senator View Post
                  Thanks Olga M! Is there a time requirement such as they must have lived in the UK for a year before the dissolution?
                  Olga M

                  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


                  • #10
                    Originally posted by grumpy_senator View Post
                    Thanks Olga M! Is there a time requirement such as they must have lived in the UK for a year before the dissolution?
                    Morning,

                    This was covered in my response above, re-quoted below:

                    Originally posted by Site Admin View Post

                    There is a provision to apply based on retained rights, as noted here: Apply to the EU Settlement Scheme (settled and pre-settled status): Applying as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein - GOV.UK

                    ...where they say:
                    If you or a member of your family was previously married or in a civil partnership

                    You can apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

                    One of the following must also apply:
                    • the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time

                    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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