Please support us so we can help others

>> CLICK HERE TO START A NEW POST <<

(you need to log in to post)

Announcement

Collapse

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.

See more
See less

Spouse of EUSS family joiner application

Collapse
X
Collapse
Who has read this thread:
  • Filter
  • Time
  • Show
Clear All
new posts

  • Success Spouse of EUSS family joiner application

    Dear Sir/Madam,

    I have found this forum very useful and would like to raise a question on application for my non -EU father.

    Situation as following:
    - my husband is EU citizen with pre-settled status in UK. I’m British.
    - my mum (non EU citizen) has arrived in UK before 30th Dec 2020, and has applied EUSS pre-settled status end of Feb, still no response yet (I will start a new post for her case as she needs some help due to family emergency)
    - my non- EU father is not accessible to his passport for now and currently overseas in his home country

    Question related to my father:
    - if my mum successfully gets the pre-settled status (as dependency is assumed), and even if my father applies for EUSS family permit in overseas after 1st July, will he need to show dependency to my husband, or dependency is assumed?
    - will there be possibility that his case ever get ruled to myself as a British citizen parent which makes the dependency proving very difficult?

    Question related to my mother:
    - She applies EUSS pre-settled status end of Feb 2021, received CoA 8th March, and has not received response yet. Her visitor visa for UK has already expired
    - my grandma is in a serious emergency situation very recently in her home country, which makes it a devastating situation, and my mum wants to fly to home country. But she has not received response and no visa to come back
    - we have phoned Resolution center many times, writing emails, always same answer as we can only wait.
    - any possibility to chase HO to look at her case (pending 3 month), and anything we can do to help speed it up?
    - any possibility for my mum to leave UK, and if her application is successful, I will post the card to hers if unsuccessful, she can be granted a temporary visa to come back for appeal?

    thank you very much and appreciate your help

    thanks
    minana

  • #2
    Originally posted by Minana View Post
    Dear Sir/Madam,

    I have found this forum very useful and would like to raise a question on application for my non -EU father.

    Situation as following:
    - my husband is EU citizen with pre-settled status in UK. I’m British.
    - my mum (non EU citizen) has arrived in UK before 30th Dec 2020, and has applied EUSS pre-settled status end of Feb, still no response yet (I will start a new post for her case as she needs some help due to family emergency)
    - my non- EU father is not accessible to his passport for now and currently overseas in his home country

    Question related to my father:
    - if my mum successfully gets the pre-settled status (as dependency is assumed), and even if my father applies for EUSS family permit in overseas after 1st July, will he need to show dependency to my husband, or dependency is assumed?
    - will there be possibility that his case ever get ruled to myself as a British citizen parent which makes the dependency proving very difficult?
    Morning,

    To clarify, the sponsor always has to be the EU national, non EU nationals cannot be sponsors under the EUSS, that means your husband is both your parents' sponsor. In the event of an application for a parent or in-law made after the end of June, dependency to the sponsor would need to be shown. However, the date that matters is when the application was "open", not the biometrics appointment date, so I'd strongly recommend he starts the application before the end of the month, even when he's not likely to have a biometrics appointment till later on. I've already received confirmation from the Home Office of this.



    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 Minana View Post
      Question related to my mother:
      - She applies EUSS pre-settled status end of Feb 2021, received CoA 8th March, and has not received response yet. Her visitor visa for UK has already expired
      - my grandma is in a serious emergency situation very recently in her home country, which makes it a devastating situation, and my mum wants to fly to home country. But she has not received response and no visa to come back
      - we have phoned Resolution center many times, writing emails, always same answer as we can only wait.
      - any possibility to chase HO to look at her case (pending 3 month), and anything we can do to help speed it up?
      - any possibility for my mum to leave UK, and if her application is successful, I will post the card to hers if unsuccessful, she can be granted a temporary visa to come back for appeal?
      Melissa V (lawyer) Would you be able to comment on the above situation?

      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 Site Admin View Post
        Morning,

        To clarify, the sponsor always has to be the EU national, non EU nationals cannot be sponsors under the EUSS, that means your husband is both your parents' sponsor. In the event of an application for a parent or in-law made after the end of June, dependency to the sponsor would need to be shown. However, the date that matters is when the application was "open", not the biometrics appointment date, so I'd strongly recommend he starts the application before the end of the month, even when he's not likely to have a biometrics appointment till later on. I've already received confirmation from the Home Office of this.


        Thanks, yes my
        father will apply as dependent of my husband, and he cannot get passport before 1st July, hence not able to apply earlier

        when i read through the caseworker guidance,Link on page 107, there is this instruction:
        There is no requirement as to dependency where either:
        • the applicant was previously granted limited leave to enter or remain under Appendix EU as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated
        • the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU as a dependent parent of the relevant EEA citizen (or of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or inves

        if my mother gets pre-settled status, then will my father’s dependency be assumed, even if the application is made post the 1st July date?

        Comment


        • #5
          Originally posted by Site Admin View Post
          Melissa V (lawyer) Would you be able to comment on the above situation?
          With the good luck given by the forum, my mother just received her pre-settled status!

          Comment


          • #6
            Great news! I wish your grandma well and your mother safe travels.

            I am a Solicitor and Head of Immigration at Wells Burcombe Solicitors LLP, a firm Authorised and Regulated by the Solicitors Regulation Authority SRA No. 488294. 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 Melissa V for full details.

            Comment


            • #7
              Originally posted by Minana View Post

              Thanks, yes my
              father will apply as dependent of my husband, and he cannot get passport before 1st July, hence not able to apply earlier

              when i read through the caseworker guidance,Link on page 107, there is this instruction:
              There is no requirement as to dependency where either:
              • the applicant was previously granted limited leave to enter or remain under Appendix EU as a dependent parent, and that leave has not lapsed or been cancelled, curtailed or invalidated
              • the spouse, civil partner or durable partner of the applicant (and with whom they reside) has been granted indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU as a dependent parent of the relevant EEA citizen (or of the qualifying British citizen or of the relevant sponsor) or of their spouse or civil partner, and that indefinite or limited leave has not lapsed or been cancelled, curtailed, revoked or inves

              if my mother gets pre-settled status, then will my father’s dependency be assumed, even if the application is made post the 1st July date?
              Melissa V Would you be able to confirm that dependency wouldn't need to be proved if they applied after the end of the month?

              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


              • #8
                Originally posted by Minana View Post

                With the good luck given by the forum, my mother just received her pre-settled status!
                That's very good news! You don't need to worry about her travels now.

                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
                  I can confirm that dependency should not need to be proved if an application is submitted after the end of the month.

                  I am a Solicitor and Head of Immigration at Wells Burcombe Solicitors LLP, a firm Authorised and Regulated by the Solicitors Regulation Authority SRA No. 488294. 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 Melissa V for full details.

                  Comment


                  • #10
                    Originally posted by Melissa V View Post
                    I can confirm that dependency should not need to be proved if an application is submitted after the end of the month.
                    Brilliant, so that means as my mum now gets the pre-settled status, my father can apply anytime without the need to show dependency?!

                    Comment


                    • #11
                      Originally posted by Minana View Post

                      Brilliant, so that means as my mum now gets the pre-settled status, my father can apply anytime without the need to show dependency?!
                      Afternoon,

                      As you can see, this has been confirmed by one of our lawyers.

                      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.

                      Comment

                      Working...
                      X