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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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Parents of EEA citizen

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  • Parents of EEA citizen

    I'm looking for advice. My parents are living in Poland. My dad is on pension. They want to visit me in Autumn this year. I have a Settled Status and my application for Naturalisation is in process. What do they need to do to come to the UK after Brexit? Can I apply for pre-settled status for them? Or family permit? Visa? Please help.

  • #2
    Originally posted by Jagazgaga0 View Post
    I'm looking for advice. My parents are living in Poland. My dad is on pension. They want to visit me in Autumn this year. I have a Settled Status and my application for Naturalisation is in process. What do they need to do to come to the UK after Brexit? Can I apply for pre-settled status for them? Or family permit? Visa? Please help.
    Afternoon,

    First of all, what nationality are they? As there is a difference depending on whether they are EEA or non EEA nationals.

    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
      They are Polish. My application for Citizenship has been approved today so I think it's going to be more complicated. (?)

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      • #4
        Originally posted by Jagazgaga0 View Post
        They are Polish. My application for Citizenship has been approved today so I think it's going to be more complicated. (?)
        If your parents (who are EU citizens) are coming to the UK only for short visits, there is no need for them to apply for a visa of any sort, as you can see from this info Visiting the UK as an EU, EEA or Swiss citizen - GOV.UK


        What you need to enter the UK

        If you’re an EU, EEA or Swiss citizen


        Irish citizens can continue to enter and live in the UK.

        EU, EEA and Swiss citizens can travel to the UK for holidays or short trips without needing a visa. You can cross the UK border using a valid passport which should be valid for the whole time you are in the UK.

        EU, EEA and Swiss citizens can continue to use the automatic ePassport gates to pass through the border on arrival.

        You will not be able to use an EU, EEA or Swiss national ID card to enter the UK from 1 October 2021 unless you:
        If instead, you are thinking of them moving to the UK permanently, then the situation is slightly more complex.

        EU citizens who have received settled status and later naturalised as British citizens continue to have the right to family reunion (thanks to a famous judgment case called Lounes) , which permit their parent to join them in the UK. The application is a more complex and has slightly more stringent requirements but it is possible.

        How is this done when people have already naturalised:

        In the Lounes, case, the ECJ ruled that EEA nationals naturalised as British citizens still retain their rights to sponsor family members, who can be:


        A spouse or civil partner;
        A durable partner;
        A child or grandchild of the dual EEA national or their spouse or civil partner, under 21 years old;
        A dependent child or grandchild of the dual EEA national or their spouse or civil partner, aged 21 years or older;
        A dependent parent or grandparent of the dual EEA national or their spouse or civil partner. Dependency is assumed and need not be proved;
        A dependent relative of the dual EEA national who holds a relevant document as a dependent relative

        Although the Lounes case makes it possible for dual UK/EEA nationals, to sponsor family members under the EU settlement scheme as above, applications for family members of EEA nationals who are also UK nationals ("Lounes" applications) are considerably more complex than regular applications where the EEA national is not a UK national.

        Applications have to be made using a paper form which is only available on request, after answering a number of questions, and it's over 40 pages.

        While regular applications under the EU settlement scheme are based purely on residence, Lounes applications involve the dual national exercising Treaty Rights in accordance with the EEA Regulations.

        EEA nationals wishing to sponsor family members under the EU settlement scheme may find it easier if they apply for settled status for themselves and their family members first, before applying for British citizenship.

        Requirements to apply

        The dual British/EEA national exercised free movement rights in the UK as a worker, self-employed person, self-sufficient person or student, or had PR status in the UK;
        They acquired British citizenship retaining their EEA nationality; and
        They continue to exercise Treaty rights or hold PR status.

        Requirements 1 and 3 would be met by applicants who applied for citizenship using a PR card.

        Applicants who applied for citizenship relying on settled status or "old" ILR may not necessarily meet the treaty rights and/or PR status criteria, as these are granted under UK immigration rules not subject to treaty rights requirements.

        Please refer to the potential impact on family members post before applying for citizenship.


        Evidence to be provided

        Valid British passport for the dual UK/EEA sponsor;
        Valid EEA passport or ID card for the dual UK/EEA sponsor;
        Valid passport for the applicant;
        Evidence of family relationship, such as a marriage/civil partnership certificate or birth certificate;
        Relevant document(s) as a durable partner or dependent relative, where applicable;
        Evidence of dependence, where applicable
        Evidence of UK residence.

        The required documents depend on the kind of family relationship.


        You cannot apply online,

        Request a paper form: Contact the EU Settlement Scheme.
        From Applications for family members of dual EEA/UK nationals (Lounes) - 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.

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        • #5
          Thank You. They want to come just for a visit. Probably for a month maximum.

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          • #6
            Originally posted by Jagazgaga0 View Post
            Thank You. They want to come just for a visit. Probably for a month maximum.
            That would not require any type of visa.

            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

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