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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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Mother, EU national with pre-settled status

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  • Mother, EU national with pre-settled status

    Regarding my mother is that she also intends to re-apply for pre-settled status, she has one currently but she fears that due to covid she might have broken her earlier continituy of residence (not the one she currently has, from October 2020, January 2021, and May 2021, but an earlier one - which started from August 2019).

    I did not mention her matter seperately since her "problem" so to speak is identical to my brother's issue, they have the same timeline and the same dates of entry, and the exact same citizenships. Sorry to add information like this onto an already complicated case.

    With all of this in mind, my questions are:

    1) Regarding my parents, my plan B is now as follows:

    Apply for each of them as my dependent parents, and ask for an EEA Family Permit. If I apply now for my parents, will the dependency be assumed even though the process might go longer than 30 June 2021, but the application was submitted now? (I have no idea how long this process takes).

    2) Will my mother's request (who has an EU passport) be processed quicker since perhaps it would be easier to provide biometrics etc? Or will it be processed at the same speed as a non-EU national?

    Just stating - I have an official English birth certificate that mentions them both as my parents (no adoptions or anything out of the ordinary - they are my birth parents, they were married when I was born, they have not changed their names since etc etc).


  • #2
    This is mother's thread, have removed references to other family members to avoid confusion, dealt with on separate threads:

    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
      Originally posted by zlabb2004 View Post
      Regarding my mother is that she also intends to re-apply for pre-settled status, she has one currently but she fears that due to covid she might have broken her earlier continituy of residence (not the one she currently has, from October 2020, January 2021, and May 2021, but an earlier one - which started from August 2019).
      Hello again,

      Her pre-settled status will be valid for 5 years from the date when it was granted, even when some people may be eligible to apply for settled status much earlier, for example, if they got pre-settled status after living here a few years, but this is optional, the ultimate deadline to get settled status is when pre-settled expires.

      If she meets the criteria to re-apply, she could do so, and any new grant would just extend the validity of her current status, as noted here: Multiple applications and re-applying

      ...where we have:

      On page 51 of the EUSS Guidance you'll find:

      Further applications

      An applicant can only have one grant of limited or indefinite leave to enter or remain under the Immigration Rules at any one time. This means that, where a further valid application under the EU Settlement Scheme has been made after an earlier application under it has been decided:
      • if the earlier application resulted in refusal, rejection, withdrawal, treatment as void or in any outcome other than a grant of leave under the scheme, then the latest application must be considered in the normal way
      • if the earlier application resulted in settled status being granted, the further application must be treated as void
      • if the earlier application resulted in pre-settled status being granted, the further application must be considered in the normal way
      If you grant settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status.

      If you grant pre-settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status. The date of the first grant of presettled status will remain the start date of their pre-settled status. The expiry date of their pre-settled status will be five years from the date of decision on the further application for pre-settled status.

      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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      • #4

        Originally posted by zlabb2004 View Post
        I did not mention her matter seperately since her "problem" so to speak is identical to my brother's issue, they have the same timeline and the same dates of entry, and the exact same citizenships. Sorry to add information like this onto an already complicated case.
        I have tried my best to de-tangle it by setting up separate threads for each family member, as, even though it looks like their residence history is the same, the circumstances are all different.

        As you say her timeline is exactly the same as your brother's in terms of residence, the below also applies here:

        Originally posted by Site Admin View Post
        As I said yesterday, there wasn't much point speculating when we could have something straight from the horse's mouth, which I'm copying below:

        Originally posted by Home Office said
        Applicants to the scheme should show that they were resident in the UK by 31 December 2020 and that their continuity of residence was not broken at that date. This means that they should evidence they were resident in the UK during the 6 months prior to the end of the transition period (i.e. evidence from between June and December).

        Whether they then need to provide further evidence from 2021 would depend on the age of the evidence provided from 2020. For example, anything that showed residence in December would confirm eligibility for pre-settled status for any applications received 6 months post that date. However, if it were dated June then we would only be able to accept this as evidence of residence up until December. It would not be sufficient to confirm unbroken residence for anyone who applied after that and so they would be required to provide further evidence from 2021 showing there was no break in continuity of residence.

        In the example above, residence from October would confirm they were here within 6 months of 31 December and so confirm their eligibility to apply. However, as more than six months has passed they should also provide a piece of evidence from 2021 to confirm they were not absent from the UK long enough for continuity of residence to be broken.

        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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        • #5

          Originally posted by Site Admin View Post
          With all of this in mind, my questions are:

          1) Regarding my parents, my plan B is now as follows:

          Apply for each of them as my dependent parents, and ask for an EEA Family Permit.
          As your mum is both an EU national and already has pre-settled status, there is no need for a family permit, which can only be obtained from outside the UK.


          Originally posted by Site Admin View Post
          If I apply now for my parents, will the dependency be assumed even though the process might go longer than 30 June 2021, but the application was submitted now? (I have no idea how long this process takes).
          As per previous discussion on this, there's no need to take that route, but just for the record, I also have input from the Home Office in this respect, posting it for the benefit of others who may also be wondering:

          Originally posted by EEA Applications said
          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 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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          • #6
            Originally posted by Site Admin View Post
            2) Will my mother's request (who has an EU passport) be processed quicker since perhaps it would be easier to provide biometrics etc? Or will it be processed at the same speed as a non-EU national?

            Just stating - I have an official English birth certificate that mentions them both as my parents (no adoptions or anything out of the ordinary - they are my birth parents, they were married when I was born, they have not changed their names since etc etc).
            As above, she doesn't need a family permit, being an EU national with pre-settled status.

            This is your dad's thread (please keep each family member separate to avoid confusion): Father, non EU national married to mother, EU national - UKCEN Citizenship and Residence for European Nationals and their families

            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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            • #7

              2) My mother's - my mother's is a pre-settled status applicaiton (a renewal since she fears she might have broken her continuous residence due to covid. She already has pre settled status). If she is unable to renew it, then I will try to apply for her as my dependnet parent (until 30 June 2021 dependency is assumed, so the sooner the better. Will submitting it now count as an application prior to 30 June 2021 even if it is not decided until then?). Also, Can these 2 applications be submitted simultaneously? i.e. can my mother submit pre settled on her own, and also pre-settled as my dependent parent?). Technically they are seperate requests via separate routes so I don't see why not

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              • #8
                Originally posted by zlabb2004 View Post
                2) My mother's - my mother's is a pre-settled status applicaiton (a renewal since she fears she might have broken her continuous residence due to covid. She already has pre settled status). If she is unable to renew it,
                See above, also note when people already have pre-settled status, there are provisions to spend up to 12 months out of the UK for an important reason, which included Covid provisions, however, the existing ones have been withdrawn and will be re-written in a couple of weeks' time: Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK

                But as per discussion above, it looks like she would be able to re-apply on her own residence.

                Originally posted by zlabb2004 View Post
                then I will try to apply for her as my dependnet parent (until 30 June 2021 dependency is assumed, so the sooner the better. Will submitting it now count as an application prior to 30 June 2021 even if it is not decided until then?). Also, Can these 2 applications be submitted simultaneously? i.e. can my mother submit pre settled on her own, and also pre-settled as my dependent parent?). Technically they are seperate requests via separate routes so I don't see why not
                They are not separate visa requests via separate routes, since they are all EUSS applications, see

                ...where we have:
                Multiple applications

                Pages 50-51 of the EUSS Guidance deal with general issues regarding multiple/simultaneous applications:

                Multiple applications

                There may be occasions where an applicant has made more than one application to the scheme at the same time. For example, they may have submitted an online application (with a view to submitting the required proof of identity and nationality by post) but subsequently opted to apply via the ‘EU Exit: ID Document Check’ app (which enables them to provide that proof via the app).

                Where this is the case, you must contact the applicant and explain to them that only one application can be made at a time and take the action set out below depending on the particular circumstances:
                • where 2 or more invalid applications are submitted because, for example, the required proof of identity and nationality has not yet been provided, you must give the applicant a reasonable opportunity to provide what is needed to validate one of the applications and to withdraw the other or others:
                  • if they validate one application but fail to withdraw the other or others, you must contact them again, inviting them to withdraw the invalid application or applications, giving a deadline of 10 working days, after which (if the applicant has not agreed to withdraw) you must reject any invalid application or applications under rule EU10(1) of Appendix EU - the valid application must be considered in the normal way
                  • if for example they provide the required proof of identity and nationality but fail to specify which application they would like it to validate and fail to withdraw the others, you must validate their most recent application (where the other requirements of a valid application are met) and reject the other applications as invalid under rule EU10(1) of Appendix EU
                  • if they do not validate any of the applications after being given a reasonable opportunity to do so, you must reject all the applications received as invalid under rule EU10(1) of Appendix EU
                • where 2 or more applications are made, where one is valid and the other or others invalid, and the valid application would result in a grant of settled status, you must grant the valid application and reject the other application or applications as invalid under rule EU10(1) of Appendix EU - however, where the valid application would not result in a grant of settled status, you must contact the applicant inviting them to withdraw the invalid application or applications, giving a deadline of 10 working days, after which (if the applicant has not agreed to withdraw) you must reject any invalid application or applications under rule EU10(1) of Appendix EU and the valid application must be considered in the normal way
                • where 2 or more applications are made, on different days or on the same day, and all are valid but not yet decided, the latest application must be treated as a variation of the earlier application or applications, which must be treated as withdrawn - this is in line with paragraph 34BB(2) of the Immigration Rules, with rule EU10(2) of Appendix EU (which disapplies paragraph 34BB(3) to (5) in respect of applications made under it) and with the published guidance on Applications for leave to remain: validation, variation and withdrawal - you must notify the applicant of this.

                As above, the latest application would be consider and the earlier one, regarded as withdrawn. This would just make things unnecessarily complicated and it's likely to cause delays.

                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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                • #9
                  Understood! Alright, will try and respond to each family member in their own thread.

                  Plus, I don't think I will need further replies unique to my mother, since she is effectively is in the same situation as my brother . Regardless of any previous status, she will apply for pre settled status under her EU nationality, same as my brother, with the same residency timeline. The only difference would have been if my mother could not have applied for pre settled status (if the Home Office's response was different than the seemingly positive reply we received) - then, she would have had an additional route, via a dependent parent. But you have helped me immensely with your additional reply about applying prior to 30 June 2021 and dependency being assumed - since now, let's say that everything goes wrong for whatever reason (just theoretically), I could still apply on behalf of my mother prior to 30 June and dependency would be assumed.

                  Comment


                  • #10
                    Originally posted by zlabb2004 View Post
                    Understood! Alright, will try and respond to each family member in their own thread.
                    I was just getting very confused with different family members, since they all have different situations, even when their residence periods are the same, it wasn't quite the same as, say, two parents both being sponsored as your parents, or two children whose circumstances are identical. In this case, we have an EU national and a non EU national, one sponsoring the other while also having to consider their own residence, plus another EU national applying in his own right.

                    Originally posted by zlabb2004 View Post
                    Plus, I don't think I will need further replies unique to my mother, since she is effectively is in the same situation as my brother . Regardless of any previous status, she will apply for pre settled status under her EU nationality, same as my brother, with the same residency timeline. The only difference would have been if my mother could not have applied for pre settled status (if the Home Office's response was different than the seemingly positive reply we received) - then, she would have had an additional route, via a dependent parent. But you have helped me immensely with your additional reply about applying prior to 30 June 2021 and dependency being assumed - since now, let's say that everything goes wrong for whatever reason (just theoretically), I could still apply on behalf of my mother prior to 30 June and dependency would be assumed.
                    Lovely to have been of help!

                    Best of luck and do keep us posted.

                    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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                    • #11
                      As I mentioned, I haven't heard anything regarding my mother. I hope you received my PM with her application details and that you might be able to check on it whenever you get a chance in your next chat with the Home Office, since the lack of response is making me a bit worried. If only I could know that someone is looking over the updated guidance, and considering her application in light of it, that would really help put my mind at ease.

                      Comment


                      • #12
                        Originally posted by zlabb2004 View Post
                        As I mentioned, I haven't heard anything regarding my mother. I hope you received my PM with her application details and that you might be able to check on it whenever you get a chance in your next chat with the Home Office, since the lack of response is making me a bit worried. If only I could know that someone is looking over the updated guidance, and considering her application in light of it, that would really help put my mind at ease.
                        Morning,

                        As per my response on the other thread, I have also received your email.

                        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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                        • #13
                          Thank you very much Site Admin!

                          I hate to be a bother, particularly since you are doing all of this out of the kindness of your heart, but I just wanted to ask if there has been any word from the Home Office regarding my mother's application?

                          They have yet to reply to my questions via the form on their website, but I know there was a bank holiday so I imagine that they have had a short work week, perhaps that has added to the delay.

                          Thank you very much for your continued efforts to help me and my family, I can't tell you how much it means to me.

                          Kind regards,

                          Zlabb2004

                          Comment


                          • #14
                            Originally posted by zlabb2004 View Post
                            Thank you very much Site Admin!

                            I hate to be a bother, particularly since you are doing all of this out of the kindness of your heart, but I just wanted to ask if there has been any word from the Home Office regarding my mother's application?

                            They have yet to reply to my questions via the form on their website, but I know there was a bank holiday so I imagine that they have had a short work week, perhaps that has added to the delay.

                            Thank you very much for your continued efforts to help me and my family, I can't tell you how much it means to me.

                            Kind regards,

                            Zlabb2004
                            Afternoon,

                            As you point out, it has been a Bank Holiday weekend, and my people are still off this week due to school holidays. Hang in there.

                            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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                            • #15
                              Dear Site Admin,

                              I understand. Thank you for letting me know. Hopefully they'll get back to you this week. I think that if I won't hear back in the next 10 days from them, I will probably apply for an EEA Family Permit for both my parents and withdraw my mother's pre-settled application.. The rights they should receive should be the same (except for the right to sponsor others which they do not require), and the discussion regarding their residency won't be relevant.

                              I know you might think that doing something like that is premature, or ill-advised since that might cause confusion, or pointless since my mother's application should be accepted, but I have to be realistic - I can't risk being losing out on both fronts, i.e. having my mother's pre settled application be rejected (and then my father would not be able to apply as her spouse), and then missing out the 30 June 2021 deadline for the EEA Family Permit prior to which dependency is assumed.

                              I just have to be realistic with my time tables. Obviously the EEA Family Permit is a bit more stressful for me since it takes quite a while for them to get back to us on whether it was approved, but at least I know they're eligible without any requirement to have the Home Office apply their own updated guidance. Plus, the main thing that causes issues in the EEA Family Permit is family relationships, and here they are my parents - not parents in laws, not adopted, my birth parents, so it is not hard to prove the connection.

                              t's just that not getting any kind of response, and not being able to talk to anyone there about the status of the request, that makes it impossible to know whether they have even recognized the basic argument I am making regarding the guidance, or if they are simply waiting for a while before rejecting the application. I know it shouldn't be rejected by their own standards, but I don't want to find myself an argument with the Home Office regarding the interpretation of their guidance in July and August when I currently have an alternative option that would most likely not require such a discussion.

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