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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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EUSS application for non-EU spouse (for pre-settled status)

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  • LAWYER RESPONSE EUSS application for non-EU spouse (for pre-settled status)

    Hello,

    My mother entered into the UK 2 days ago, having an EUSS Family Permit. She travelled together with my father. My father was her sponsor, who is an EU national and has pre-settled status. My mother's application for pre-settled status has been submitted and we just have to book an appointment for biometrics now.

    My question is, does the EU national (my father) need to be in the UK until a decision has been issued for my mother's application for pre-settled?

    Further, what is the process after the biometrics appointment please? Are there any other steps to be taken?

    Can the non-EU applicant (my mother) leave the UK before a decision has been issued or does she need to stay in the UK until the residence card has been issued?

    Thank you very much in advance.

  • #2
    Originally posted by Euthimia View Post
    Hello,

    My mother entered into the UK 2 days ago, having an EUSS Family Permit. She travelled together with my father. My father was her sponsor, who is an EU national and has pre-settled status. My mother's application for pre-settled status has been submitted and we just have to book an appointment for biometrics now.

    My question is, does the EU national (my father) need to be in the UK until a decision has been issued for my mother's application for pre-settled?
    This is the info we have about the sponsor:

    Eligibility

    The following family members can apply
    • spouse, civil partner or unmarried partner
    • child or grandchild aged under 21
    • dependent child or grandchild of any age
    • dependent parent or grandparent
    Requirements
    • you must be a close family member (see above) of an EEA or Swiss national, or a ‘person of Northern Ireland’ (see below)
    • the family relationship must have been in place by 31 December 2020
    • the EEA national sponsor was living in the UK by 31 December 2020
    • the EEA national sponsor must be in the UK already or traveling with the family member to the UK within 6 months of the application.
    The EEA national sponsor must be in the UK when the application is made, unless they are travelling to the UK with the family member.
    From Family members - UKCEN Citizenship and Residence for European Nationals and their families

    Louis M (lawyer) from what I can read in the guidance, the sponsor needs to be in the UK at the time the application is made, but it does not mention the ability of the sponsor to travel after the application has been submitted. Would you be able to comment? Many thanks.

    Originally posted by Euthimia View Post
    Further, what is the process after the biometrics appointment please? Are there any other steps to be taken?

    Can the non-EU applicant (my mother) leave the UK before a decision has been issued or does she need to stay in the UK until the residence card has been issued?

    Thank you very much in advance.
    After the biometric details of the applicant have been submitted, the applicant will receive a Certificate of Application (CoA) usually after 10 working days from the submission of the biometrics.

    From what I can read in a previous post with similar questions ( Help eu family member - UKCEN Citizenship and Residence for European Nationals and their families ), it seems that non-EEA national who are visa-nationals cannot travel in and out of the UK while their EUSS application is still pending.

    Am I correct? Louis M

    Euthimia You have indicated your mother is a non-EEA citizen, could you please tell us what is her nationality?

    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


    • #3
      Hello.

      Thank you. The nationality of mother is Albanian.

      I look forward to hearing from you.

      Comment


      • #4
        Originally posted by ClaudLatina View Post

        This is the info we have about the sponsor:

        From Family members - UKCEN Citizenship and Residence for European Nationals and their families

        Louis M (lawyer) from what I can read in the guidance, the sponsor needs to be in the UK at the time the application is made, but it does not mention the ability of the sponsor to travel after the application has been submitted. Would you be able to comment? Many thanks.
        This was something that came up last year but it referred to applications for family permits, not pre-settled status. Some EUSS family permit applications were refused because the sponsor was not in the UK at the time they were made. But this is because the family permits are entry clearance either to join a family member in the UK or travel with them here, I've never been aware of such a requirement when making the pre-settled status application after coming here.

        Originally posted by ClaudLatina View Post
        After the biometric details of the applicant have been submitted, the applicant will receive a Certificate of Application (CoA) usually after 10 working days from the submission of the biometrics.

        From what I can read in a previous post with similar questions ( Help eu family member - UKCEN Citizenship and Residence for European Nationals and their families ), it seems that non-EEA national who are visa-nationals cannot travel in and out of the UK while their EUSS application is still pending.

        Am I correct? Louis M

        Euthimia You have indicated your mother is a non-EEA citizen, could you please tell us what is her nationality?
        Unlike other visa applications, EUSS applications are not considered withdrawn if the applicant leaves the UK. A family permit is a multiple entry visa, so visa nationals should be able to enter the UK more than once as long as the permit is still valid.

        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
          Originally posted by Site Admin View Post
          This was something that came up last year but it referred to applications for family permits, not pre-settled status. Some EUSS family permit applications were refused because the sponsor was not in the UK at the time they were made. But this is because the family permits are entry clearance either to join a family member in the UK or travel with them here, I've never been aware of such a requirement when making the pre-settled status application after coming here.



          Unlike other visa applications, EUSS applications are not considered withdrawn if the applicant leaves the UK. A family permit is a multiple entry visa, so visa nationals should be able to enter the UK more than once as long as the permit is still valid.
          Thank you for the clarification.

          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


          • #6
            Thank you for your response. So, the conclusion is that both my parents can leave the UK after the biometrics appointment, whilst we await a decision on my mother's application for pre-settled status??

            Will my mother receive an email when a decision has been made and then a residence card by post? Then she can re-enter the UK with the residence card if the family permit has expired by the time a decision has been made on the pre-settled??

            Comment


            • #7
              Euthimia,

              I am NOT qualified to give you official advice, so please wait for the Site admin or lawyer to reply, but this is my understanding.

              Now that your father has accompanied your mother into the UK, he can leave the UK and she can remain on her family permit.

              Now that your mother has applied for PSS and completed her Biometric appointment, she can leave the UK while waiting for a decision.

              Once the decision is made on her PSS, she will receive a decision letter email. The BRC card will be sent by post within 7-10 days of that decision.

              If her PSS is approved, her status is linked to the document she used to apply for Pre-Settled Status, presumably her Albanian passport. In principle, border control officers should be able to confirm her Pre-Settled Status based on her passport, although this is a new process and some people have encountered delays while entering the UK.

              However, if her PSS application is denied and her family permit expires, she may not be able to re-enter the UK unless she first applies for a new family permit, while she's outside the UK. Whereas, if she remains in the UK, she may have an easier time re-applying or appealing.

              Again, this is just my opinion, but I wanted to give you an idea in case you're in the process of considering travel plans outside the UK.

              Comment


              • #8
                Originally posted by Euthimia View Post
                Thank you for your response. So, the conclusion is that both my parents can leave the UK after the biometrics appointment, whilst we await a decision on my mother's application for pre-settled status??
                Afternoon,

                The requirement is for the sponsor to have status under the EUSS or be eligible for it, not necessarily to be physically present here throughout the entire process. As per my note above, this requirement applied to applications for family permits made last year, but not for the actual EUSS application. The sponsor is free to travel while the application is in progress, since travel does not affect their EUSS status.

                Originally posted by Euthimia View Post
                Will my mother receive an email when a decision has been made and then a residence card by post? Then she can re-enter the UK with the residence card if the family permit has expired by the time a decision has been made on the pre-settled??
                Yes, all EUSS decisions are communicated by email, and she will also receive a link to her digital status, which can be used to generate a share code to prove her rights here in the UK. Cards should arrive within two weeks of the decision email, they are required for travel back to the UK once the family permit has expired.

                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


                • #9
                  Originally posted by TexIT View Post
                  Euthimia,

                  I am NOT qualified to give you official advice, so please wait for the Site admin or lawyer to reply, but this is my understanding.

                  Now that your father has accompanied your mother into the UK, he can leave the UK and she can remain on her family permit.

                  Now that your mother has applied for PSS and completed her Biometric appointment, she can leave the UK while waiting for a decision.

                  Once the decision is made on her PSS, she will receive a decision letter email. The BRC card will be sent by post within 7-10 days of that decision.

                  If her PSS is approved, her status is linked to the document she used to apply for Pre-Settled Status, presumably her Albanian passport. In principle, border control officers should be able to confirm her Pre-Settled Status based on her passport, although this is a new process and some people have encountered delays while entering the UK.
                  The main issue with this is that airline check-in desks at foreign airports will not have access to EUSS digital records, they will expect all visa nationals to have a relevant document showing they are allowed to travel to the UK, such as a visit visa, family permit or a biometric card. They are likely to deny boarding to any visa national who can't produce such document regardless of EUSS digital status, since they won't be able to check that, share codes are not for travel, hence non EU nationals being issued with BRCs.

                  Originally posted by TexIT View Post
                  However, if her PSS application is denied and her family permit expires, she may not be able to re-enter the UK unless she first applies for a new family permit, while she's outside the UK. Whereas, if she remains in the UK, she may have an easier time re-applying or appealing.

                  Again, this is just my opinion, but I wanted to give you an idea in case you're in the process of considering travel plans outside the UK.
                  Well, one can only hope the application will be successful, and a refused application would likely also impact any new family permit application, obviously depending on the grounds for refusal, but there's hardly any point speculating about a (hopefully) unlikely refusal.

                  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


                  • #10
                    Thank you for your response.

                    I was wondering whether you can help with the following. The biometrics were taken yesterday, all OK. However, when I log in to view the application on What identity document did you use in your application?, I cannot see the supporting documents that I uploaded when the EUSS pre-settled application was submitted initially. I can see the answers submitted and the uploaded photo of my mother, however, I cannot see the supporting documents (i.e. marriage certificate, a picture of the EUSS Family Permit etc.). Therefore, I emailed the EUSS resolution centre, however, they replied saying that there is a high volume of emails and that I should try to call them instead. I am trying to call everyday however, the call gets disconnected due to the high volume. Not sure what to do. Should I upload the supporting documents again using the option "Upload New Evidence"?
                    Thank you for any help.

                    Comment


                    • #11
                      Originally posted by Euthimia View Post
                      Thank you for your response.

                      I was wondering whether you can help with the following. The biometrics were taken yesterday, all OK. However, when I log in to view the application on What identity document did you use in your application?, I cannot see the supporting documents that I uploaded when the EUSS pre-settled application was submitted initially. I can see the answers submitted and the uploaded photo of my mother, however, I cannot see the supporting documents (i.e. marriage certificate, a picture of the EUSS Family Permit etc.). Therefore, I emailed the EUSS resolution centre, however, they replied saying that there is a high volume of emails and that I should try to call them instead. I am trying to call everyday however, the call gets disconnected due to the high volume. Not sure what to do. Should I upload the supporting documents again using the option "Upload New Evidence"?
                      Thank you for any help.
                      Afternoon,

                      If they require any additional evidence, they would get back asking for it, have they asked for anything further?

                      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


                      • #12
                        Good afternoon and thank you for your response.
                        No, they have not contacted me. I am concerned that the application may be refused if the supporting documents have not been uploaded properly. Can that happen?
                        Should I wait to hear from them or upload the documents again via "Upload New Evidence" ?

                        Comment


                        • #13
                          Originally posted by Euthimia View Post
                          Good afternoon and thank you for your response.
                          No, they have not contacted me. I am concerned that the application may be refused if the supporting documents have not been uploaded properly. Can that happen?
                          Should I wait to hear from them or upload the documents again via "Upload New Evidence" ?
                          If they have not contacted you, there is no reason to believe they will, it is possible that the evidence was uploaded correctly, they have received it and they are processing the application, and this is why you cannot see it on the interface any longer. If for whatever reason, they have not received it, they will get in touch with you and ask you to submit it again. It is now just a matter of being patient and wait for the result of the application.

                          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


                          • #14
                            Thank you for your response.
                            Is it the case that the supporting documents do not normally appear on the interface after submission of the application? Is there any way we can find that out?

                            Comment


                            • #15
                              Originally posted by Euthimia View Post
                              Thank you for your response.
                              Is it the case that the supporting documents do not normally appear on the interface after submission of the application? Is there any way we can find that out?
                              Hello again,

                              The EUSS have always said they will work with the applicant and contact them if and when additional evidence is required, by various means, i.e. email, text and even by phone (voice call), and would only refuse an application for lack of evidence after numerous attempts, so I can't see there being a cause for concern if they haven't approached you. If they need something, they will. Even if they mistakenly refused an application (errors do happen), it would still be possible to appeal or request an admin review, so there really is no cause for concern.

                              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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