EEA National applied for EUSS family permit in error now what?

Hi all,

We applied for my EEA in laws in error to a EUSS family permit since my husband has settled status.
We did this 3 days ago in error. We realised that they could have applied directly for EUSS directly.
Now, we are planning to withdraw tomorrow but we should apply right away for EUSS correct?
Anyone has any insight? 2 days to go... No pressure

SakuraChan wrote: ↑

Sun Jun 27, 2021 9:25 pm

Hi all,

We applied for my EEA in laws in error to a EUSS family permit since my husband has settled status.
We did this 3 days ago in error. We realised that they could have applied directly for EUSS directly.
Now, we are planning to withdraw tomorrow but we should apply right away for EUSS correct?
Anyone has any insight? 2 days to go... No pressure

Without more context it is difficult to answer.

What are their nationalities? Where are they, in the UK or abroad? Who's the EU national, you or your spouse? Do you have status as well? Please explain in full.

My I laws are Italian. They reside in Argentina.
I am in the UK, they are my in-laws and my husband and myself are Italian with settled status
Thank you

But where are they now?

If they are not already resident in the UK then they are in the same position than any non-EU national, and should indeed apply for their EUSS Family Permit first.

They are not in the UK. And my understanding is that you could apply for EUSS until 30th June?

SakuraChan wrote: ↑

Sun Jun 27, 2021 11:49 pm

They are not in the UK. And my understanding is that you could apply for EUSS until 30th June?

That's the case for EU nationals resident in the UK. They will be asked proof of residence (at least boarding pass or stamp of passport on entry), so if they are not currently residing in the UK, or at least physically present here, this won't work for them.

EUSS Family Permit is the route for them.

Update in case someone needs and answer. I talked to home office and 1) 30th June limit does not apply because eea nationals with settled status as we do, have a right to bring their dependants at any point in time 2) they should apply from abroad with their biometric passports and will be granted EU presettled status.

SakuraChan wrote: ↑

Mon Jun 28, 2021 10:30 am

1) 30th June limit does not apply because eea nationals with settled status as we do, have a right to bring their dependants at any point in time

Correct, because they are joining family members, not EU citizens applying on their own right.

2) they should apply from abroad with their biometric passports and will be granted EU presettled status.

Interesting. Well, actually this makes sense, since EU citizens usually don't need visit visas to the UK and therefore FP wouldn't be necessary.

But... if you do do this, make sure to link their application to yours, so it is clear they are not applying as EU citizens on their own right but as your dependent parents, otherwise they WILL be asked for proof of residence.

Good luck.