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Parents and in-laws who applied for an EUSS family permit before the end of June 2021

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  • IMPORTANT PLEASE READ Parents and in-laws who applied for an EUSS family permit before the end of June 2021

    Background and Home Office feedback

    Dependency for parents, including in-laws, was assumed until the end of June 2021. The family permits often took over 6 months to be issued, by which time is was well past this date. In view of this fact, last year, I submitted two separate enquiries to the Home Office via the Safeguarding User Group and the former Head of European Casework.

    First I sent the following email:

    Originally posted by Site admin
    I have another general enquiry, it is my understanding that, if dependency has been tested once, it doesn’t need to be tested again, i.e. if a family member got pre-settled status on the basis of dependency, they wouldn’t need to prove this again to obtain settled status, however, what isn’t very clear to me, is what happens when a parent applies for a family permit before the end of June, when dependency is assumed, then makes an application for pre-settled status after that date, when dependency is no longer assumed, would this applicant need to show dependency to obtain pre-settled status?
    Their response was:

    Originally posted by European Casework
    I can confirm that where dependent family members have been granted an EUSS Family Permit before the 30 June and then make an application for status via the EU Settlement Scheme after 30 June as a Joining Family Member, we would not ask dependency to be evidenced again as we would consider dependency to have been proved as part of their Entry Clearance application.
    I asked this further question:

    Originally posted by Site admin
    I just have a little further query from our members, basically regarding the use of the word “granted” in the email below, they would like to clarify whether the same would still apply if they make the application for the permit before the end of June, but a decision isn’t made, and/or the permit isn’t stamped on the passport, until after that date, as processing times are sometimes as long as 2 or 3 months.
    Their response was:
    Originally posted by European Casework

    Thank you for your further enquiry.

    I can confirm that an application for an EUSS Family Permit submitted before 30 June would be considered in line with the guidance in place at the time the application was submitted. As such, if an application is submitted before 30 June and considered after this date, dependency would be assumed in line with the guidance in place at the time of application.

    Where an application is then made as a Joining Family member after the 30 June deadline, dependency would not have to be evidenced again since we would consider dependency to have been proved at Entry Clearance.

    I hope this is of assistance.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.


  • #2
    Family members arrived in the UK and applied for pre-settled status.

    When these parents arrived in the UK and made the PSS application, they were all asked for evidence of dependency. Some of our members were able to satisfy this request by providing evidence of the parents or in-laws living with the sponsor, as noted on this thread: Proof of dependency request - UKCEN Citizenship and Residence for European Nationals and their families

    However, there were some refusals, that's when I decided to follow this up with an email as follows:

    Originally posted by Site admin
    As can be seen in the email below, last year I received written confirmation regarding the fact that, when an application for a family permit for an eligible parent was made before the end of June 2021, dependency would not need to be proved again, as this would have been regarded as evidenced at the time of applying for entry clearance (the family permit). However, it would appear the team has not followed through this at all, and all parents are now being asked for evidence of dependency, despite this written re-assurance. Furthermore, we are now also seeing refused applications over this, and I am attaching details of a couple of them as an example.

    This is simply unacceptable, since we, the members of the Safeguarding User Group, relied on this channel of information open to us, to be able to submit queries directly to the EUSS caseworking team and communicate their responses to the people we are assisting. This query came up time and again, and I must have copied and pasted the text below hundreds of times, in response to enquiries about the same situation. Now the pre-settlement applications are being refused and the applicants are coming back to us with this. I would have expected to be able to rely on the information obtained directly via the EUSS team, but it seems this was not the case at all.

    Please find attached an example of two applications falling foul of these issues.

    I would appreciate it if you could kindly look into these issues.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

    Comment


    • #3
      Completely unacceptable response

      Last night, I received the following response:

      Originally posted by European Casework
      Unfortunately, the advice given regarding proving dependency where a Joining Family Member (JFM) application has been received post 30 June in the below email is incorrect. Please accept our sincere apologies for this error.

      Appendix EU requires that JFM applications from dependent direct family members submitted on or after 1 July 2021 must provide evidence of dependency upon their EEA sponsor even where dependency was assumed at Entry Clearance.

      The requirement for dependency evidence does not need to be met where a customer was previously granted limited leave to enter or remain under Appendix EU as a dependent family member where that leave has not lapsed or been cancelled, curtailed or invalidated. Family Permits are issued under ‘Appendix EU (Family Permits)’ so grants of entry clearance under this Appendix do not remove the need for dependency to be evidenced after 30 June for JFM applications from dependent direct family members.

      The casework team have offered to reconsider the cases brought to our attention urgently given the incorrect advice provided. If this is an option your clients wish to take, we would request evidence of their dependency upon their sponsor in order to make a fresh decision. Please let me know by return whether your clients would like their applications reconsidering and I will arrange this with the appropriate casework team.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

      Comment


      • #4
        Action so far

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

        Comment


        • #5
          What to do

          If your parents or in-laws haven't applied for pre-settled status, they should apply in the usual way.

          If they have made an application, there's no need to do anything, unless you hear from the Home Office.

          Request for evidence of dependency

          If they have received a request for evidence of dependency, provide anything you may have, such as:
          • Documents showing the applicants are living at the same address as the sponsor, this can be any household bills, NHS documents, etc.
          • Any evidence of mobility, disability or medical conditions the applicants may suffer from
          • Any evidence of support provided, either in the past or in the present, to the applicants, including any financial support.
          Also mention the application for the family permit was made before the end of June 2021, when dependency was assumed.

          I have the email chain as posted above, where they said, in writing, that there would be no need to prove dependency. They have decided to say this advice was "wrong", but there is no justification for that.

          A number of applications have been successful despite minimal or no real evidence of dependency, so they seem to be taking a rather inconsistent approach.

          If the application is refused

          If your family member's application is refused, the refusal letter will provide a timeframe to appeal.

          You need to make sure an appeal is lodged before the deadline.

          An appeal is much preferable to an admin review, since the admin review is still carried out within the Home Office, while an appeal will be looked at by a judge at an independent tribunal.

          Appeal online: Appeal against a visa or immigration decision: Appeal from within the UK - GOV.UK

          I would be happy to provide a Witness Statement detailing the history of the above emails to be used at your appeal. Email admin@ukcen.com.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

          Comment


          • #6
            Further steps

            If you have been affected by this issue, you may consider one or more of the following steps:

            Write to your MP via the following websites:Submit a complaint to the Independent Monitoring Authority. Although they can't resolve your particular case, they can act if they receive a number of complaints regarding a specific issue.

            Contact the media. Pro-European media such as The Guardian and The New European may be interested in your stories. In the past, the Home Office has often bowed to pressure from the media.

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

            Comment


            • #7
              I have drafted a Witness Statement that could be adapted by anyone appealing these decisions based on the advice given by the Home Office last year. This will need to be discussed in our private area.

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

              Comment


              • #8
                Well noted Admin . Thank you very much , all you do is greatly appreciated .

                Comment


                • #9
                  Request email chain (to respond to an evidence of dependency request) or generic witness statement (if the application has been refused, you will need it for your appeal) from admin@ukcen.com.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities.

                  Comment

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