EU Family Permit for mother in law received: next step for her arrival to UK

Hello

We finally received a passport with a Family Permit for my mother, to join us in the UK after a wait of more than 13 months. Her FP is valid until October 2022 and she will arrive in September. I kindly have two questions.

First, what do we need to apply for first? Pre-settled status? OR (or and) a BRP? I had to make a single residence card application as an eu family member some years ago and the settled/pre-settled status was not an option at the time.

Second, because her application is a May 2021 application, it was submitted and granted based on the 'assumed dependency' principle. We therefore did not provide any evidence of dependency. I see that some have experienced diffuclties with applying for a Residence card (and a pre-settled) status once in the UK and on foot of the EU FP, whereby (and contrary to the 'assumed dependency' principle based on which the FP was granted), the applicants were sometimes asked to submit evidence of dependency.

Here, for example (https://www.forum.ukcen.com/forum/settl ... -june-2021) there a view that an application can be successful.

Would it be possible to ask more experienced board members to clarify this transition from EU FP to an in-country application. Thank you very, very much

input-output wrote: ↑

Mon Jun 27, 2022 9:10 pm

We finally received a passport with a Family Permit for my mother, to join us in the UK after a wait of more than 13 months. Her FP is valid until October 2022 and she will arrive in September.

...
Second, because her application is a May 2021 application, it was submitted and granted based on the 'assumed dependency' principle. We therefore did not provide any evidence of dependency. I see that some have experienced diffuclties with applying for a Residence card (and a pre-settled) status once in the UK and on foot of the EU FP, whereby (and contrary to the 'assumed dependency' principle based on which the FP was granted), the applicants were sometimes asked to submit evidence of dependency.

Here, for example (https://www.forum.ukcen.com/forum/settl ... -june-2021) there a view that an application can be successful.

From your link, on 13 April 2022-

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.

JB007 wrote: ↑

Tue Jun 28, 2022 4:49 pm

From your link, on 13 April 2022-

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.

Thank you, altough I find it difficult to accept that conditions are different for the grant of FP and the pre-settled status from inside the country.

Would you have a handy guide on the differences between Appendix EU and Appendix EU (FP)?

Hello guys

I want to pick the brain on this issue of those more experienced than myself.

Since my last post I asked HO to clarify the specific law under which our FP was issued. I asked the following question:

I kindly ask you to confirm whether this leave has been issued under the Appendix EU regulations. This information will be extremely beneficial in terms of the supporting documents that we need to produce whilst applying for a pre-settled status in the UK.

I received the following answer, confirming that FP was issued under 'Appendix EU' regulations

Good Morning

The visa has been issued under the Appendix EU regulations

Kind Regards

It appears that we do not need to confirm dependence when applying for Pre-settled status when applying for a said status from the UK.

Would that be correct reasoning?

Thank you

can someone help me please - does this indicate that the applicant indeed does not need to prove ependency when applying for a pre-settled status?