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EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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auga72
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EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by auga72 » Sun Mar 08, 2020 8:42 pm

Hello All,

I am a Sri Lankan married to an EU Citizen (Italian) came to UK under the EU Settlement Scheme.

My Parents are fairly old (Mum 72 and Dad 78) and they are in Sri Lanka fully depending on me as I support them financially.

My wife earns more than 40K and I run a Tourism business from home. Which means, we can fully support our parents financially.

In order to apply EU Settlement status for my parents (Sri Lankan) in the UK, who should be the sponsor?

Should my wife (Italian) be the sponsor or can I sponsor to bring them to UK?
Note:

Below Application category is what I am hoping to use

Close family member of an EEA or Swiss national with a UK immigration status under the EU Settlement Scheme
I would highly appreciate if someone could help me with this question.

Thanking you in Advance.

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CR001
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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by CR001 » Mon Mar 09, 2020 7:02 am

You can't sponsor them yourself. Only an EU citizen can sponsor under the EU/EEA rules.
Char (CR001 not Casa)
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Zerubbabel
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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by Zerubbabel » Mon Mar 09, 2020 8:53 am

Only an EEA national can sponsor.

Someone sponsored by an EEA national doesn't acquire the right to further sponsor people under EEA routes.

Your husband can sponsor your parents but the refusal is nearly certain these days. As reported by many people in the forum, the Home Office is pushing back such applications.

The risk really is that in case of refusal, your parents won't be eligible, ever, for a visitor visa.

kamoe
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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by kamoe » Mon Mar 09, 2020 10:36 am

Zerubbabel wrote:
Mon Mar 09, 2020 8:53 am
Your husband can sponsor your parents but the refusal is nearly certain these days. As reported by many people in the forum, the Home Office is pushing back such applications.
Can you please share some examples of such reported cases in this forum? (I can only find questions, not reports of failed applications).

"Certain refusal" is quite an extreme way to put it, and for the benefit of everyone thinking on bringing their parents through the EUSS, I think it is just fair to back this up with solid evidence.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Zynmalikkkk
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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by Zynmalikkkk » Tue Mar 10, 2020 3:54 am

Your wife can apply eu settlement scheme family permit for your parents as her in laws which is quite straight forward.
auga72 wrote:
Sun Mar 08, 2020 8:42 pm
Hello All,

I am a Sri Lankan married to an EU Citizen (Italian) came to UK under the EU Settlement Scheme.

My Parents are fairly old (Mum 72 and Dad 78) and they are in Sri Lanka fully depending on me as I support them financially.

My wife earns more than 40K and I run a Tourism business from home. Which means, we can fully support our parents financially.

In order to apply EU Settlement status for my parents (Sri Lankan) in the UK, who should be the sponsor?

Should my wife (Italian) be the sponsor or can I sponsor to bring them to UK?
Note:

Below Application category is what I am hoping to use

Close family member of an EEA or Swiss national with a UK immigration status under the EU Settlement Scheme
I would highly appreciate if someone could help me with this question.

Thanking you in Advance.

hrak1978
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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by hrak1978 » Tue Mar 10, 2020 10:58 pm

Fully agreed with @kamoe

@zerubbabel you should provide solid ref or evidence.

No offence but i was having a negative advise from you but I got my settled status.

Fyi
My brother in law married to Polish citizen and brought his parents to UK on the basis of his wife.

@auga72
Yes you can, please send money through your wife, receipt of sending money should be on her name.
At least try.

@zerubbabel, your advise is pesimistic mostly. No offence but I have observed it.
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by kamoe » Wed Mar 11, 2020 10:15 am

hrak1978 wrote:
Tue Mar 10, 2020 10:58 pm
please send money through your wife, receipt of sending money should be on her name.
As far as I understand this is not necessary, as dependency or parents of the EU citizen, or of parents of the spouse of the EU citizen, is assumed for applications under the EUSS. And it does mean just that, that no prove of financial dependency is required whatsoever.

And as far as I understand, the only things needed are:

1) Proof of identity of applicant and sponsor (passports)
2) Proof the sponsor has status under the Settlement Scheme (either pre-Settled or Settled)
3) Proof of relationship (marriage certificate, birth certificate)

That's it.

I fully disclose that I have no direct experience on this, I say this purely based on the official guidelines and documentation available. Of course, anyone with first-hand, and concrete evidence on the contrary please let us know, clearly explaining if and how this might not be correct, if that's the case.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by obormot » Wed Mar 11, 2020 1:46 pm

It is not clear whether parents are in UK already or not.
Applying for pre-settled status from UK should be easy.
But if they are still in Sri Lanka, getting Family Permit might be a pain indeed.
Coming on tourist visa and applying for pre-settled status could be easier option.
(I am not sure though - might it raise any issues with HO, like deception in terms of intent?)

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by kamoe » Wed Mar 11, 2020 2:32 pm

obormot wrote:
Wed Mar 11, 2020 1:46 pm
But if they are still in Sri Lanka, getting Family Permit might be a pain indeed.
Why do you say this? If you have first-hand experience of difficulty trying to bring non-EU parents or parents in law using the EUSS, please let us know how this was a challenge. Examples are appreciated.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by obormot » Wed Mar 11, 2020 3:05 pm

Let's see. There is now a new type of visa: if a EU citizen wants to bring direct (!) family members to UK, they can now apply for "EU Settlement Scheme family permit", instead of Family permit:
https://www.gov.uk/family-permit/eu-set ... ily-permit
note though that they still require dependency proof for parents.

I merely extrapolated from the fact that proving dependency for Family Permit is not always evident (in case of topic-starter - parents are dependent on him; so if for example he was sending them money, and he does not have joint account with his wife, there will be a chain of evidence to show).
I repeatedly saw cases, related to parents, both on this forum and among people I know, who did not get it right from the beginning, or who had embassy refusing FP for no valid reason and had to fight (myself I submitted a monstrous package of documents for my mother, both for FP and for EEA 2 - and in the case of EEA2 we were apparently initially unlawfully refused, which then was overruled by senior officer before decision was communicated - we only learned that after submitting information request much later)
It very well might be that this new EU Settlement Scheme family permit is streamlined, but they ask for the same documents as FP was asking before, in particular for dependency. So i do not see how proving dependency would become easier now..

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by kamoe » Wed Mar 11, 2020 3:37 pm

obormot wrote:
Wed Mar 11, 2020 3:05 pm
Let's see. There is now a new type of visa: if a EU citizen wants to bring direct (!) family members to UK, they can now apply for "EU Settlement Scheme family permit", instead of Family permit:
https://www.gov.uk/family-permit/eu-set ... ily-permit
note though that they still require dependency proof for parents.
Nope.

They require to prove dependency only if the relevant EU citizen is under 18:
You’ll also need to provide proof of your dependency if you’re:
  • a dependent child or grandchild of your EEA family member and you’re over 21
  • a dependent parent or grandparent of your EEA family member and they are under 18
Then,
I merely extrapolated from the fact that proving dependency for Family Permit is not always evident (in case of topic-starter - parents are dependent on him; so if for example he was sending them money, and he does not have joint account with his wife, there will be a chain of evidence to show).
That's exactly the danger here, and why I guess @Zerubbabel claims this is nearly impossible. But we all need to be careful here and realize the EUSS is NOT the EEA route. It is a different process, specifically designed to be more easily delivered. If our experience is not specifically with the EUSS let's not assume it dictates what people applying under the scheme will experience.
I repeatedly saw cases, related to parents, both on this forum and among people I know, who did not get it right from the beginning, or who had embassy refusing FP for no valid reason and had to fight (myself I submitted a monstrous package of documents for my mother, both for FP and for EEA 2 - and in the case of EEA2 we were apparently initially unlawfully refused, which then was overruled by senior officer before decision was communicated - we only learned that after submitting information request much later)
Are all these accounts under the EEA route, right?
It very well might be that this new EU Settlement Scheme family permit is streamlined, but they ask for the same documents as FP was asking before, in particular for dependency. So i do not see how proving dependency would become easier now..
Again, they do not need to prove dependency. See the caseworker guidance here, page 51 Dependent Parent:
Where the relevant EEA citizen (or qualifying British citizen) is over the age of 18,
the applicant’s dependency on the relevant EEA citizen (or qualifying British citizen),
or on the spouse or civil partner, is assumed, and the applicant is not required to
provide evidence of this.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

hrak1978
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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by hrak1978 » Thu Mar 12, 2020 6:36 am

I did the case of my mother and my 2 brothers along with there wives and 2 kids (1 each)

2 weeks ago.

Provided only marriage certificate for my mother and receipt of 9 years.

All accepted and EUFP granted for all.
{ I'm not a solicitor, legal professional or immigration advisor, all of my posts are based on my online search and my own PR, ILR (LR), 2 FTT and 2 UTT refused but finally after 3 years of long battle I got my SETTLED STATUS. }

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by Rkohdi » Sat May 16, 2020 12:57 pm

I bring my parents on settlement family permit....its easy ....even dont provide any financial s support proof.... .

My family is EU citizen but we both hv settled status.


Just only need settled status number.....

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Re: EU Settlement for Parents of a Non EU Citizen (Asian) married to an EU Citizen

Post by justanotherchilli » Thu Jul 02, 2020 2:11 pm

auga72 wrote:
Sun Mar 08, 2020 8:42 pm
Hello All,

I am a Sri Lankan married to an EU Citizen (Italian) came to UK under the EU Settlement Scheme.

My Parents are fairly old (Mum 72 and Dad 78) and they are in Sri Lanka fully depending on me as I support them financially.

My wife earns more than 40K and I run a Tourism business from home. Which means, we can fully support our parents financially.

In order to apply EU Settlement status for my parents (Sri Lankan) in the UK, who should be the sponsor?

Should my wife (Italian) be the sponsor or can I sponsor to bring them to UK?
Note:

Below Application category is what I am hoping to use

Close family member of an EEA or Swiss national with a UK immigration status under the EU Settlement Scheme
I would highly appreciate if someone could help me with this question.

Thanking you in Advance.

Hi auga72,
Do you have any updates on this? Did you go ahead with bringing your parents over?

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