EUSS for extended family

Hi everyone,

Thanks for everyone's effort that led to the positive change in Home Office caseworker guidance.
I am in the same position but in a slightly different boat.

My dependant brother applier for EEA FP before the 31st Dec 2020 and he was actually granted the EEA FP in Feb 2021 and he came to the UK and applied for EU settlement scheme before June 2021. The home office refused his application at the start of November on ground of eligibility as they don't recognise extended family members any more. I am thinking to lodge an administrative review.

Now I find this very confusing and unjust, the new guidance allows EFM who applied before December and arrived the Uk after June 2021 to apply to EU settlement scheme with EUSS FP, but doesn't include EFM who also applied before December and were able to come to the UK with their EEA FP?

How can this be fair or even allowed in the law?

Edited by moderator.

Document Link removed.

Please do NOT post attachments with personal identifying details/names or the names of UKVI caseworkers.

butterfly11 wrote: ↑

Thu Nov 18, 2021 7:25 pm

Hi everyone,

Thanks for everyone's effort that led to the positive change in Home Office caseworker guidance.
I am in the same position but in a slightly different boat.

My dependant brother applier for EEA FP before the 31st Dec 2020 and he was actually granted the EEA FP in Feb 2021 and he came to the UK and applied for EU settlement scheme before June 2021. The home office refused his application at the start of November on ground of eligibility as they don't recognise extended family members any more. I am thinking to lodge an administrative review.

Now I find this very confusing and unjust, the new guidance allows EFM who applied before December and arrived the Uk after June 2021 to apply to EU settlement scheme with EUSS FP, but doesn't include EFM who also applied before December and were able to come to the UK with their EEA FP?

How can this be fair or even allowed in the law?

It is not fair and again a ridiculous omission on the part of Home Office. I hope this error is quicky realised and the HF makes necessary amendments. I wish you good luck with your admin review!

@tpveen you are NOT permitted to post personal contact information on the forum. Your 4 posts have been removed.

If you persist in doing this, you will be permanently banned from the forum!!

Finally recieved an email from home office to submit the passport. The only other thing they asked for was to submit the print out of the email they sent me.
2 year of long wait is over. Hopefully they can give back the passport in 2 weeks before christmas holidays.

That is great news.
Could you please share your timeline ?
Have you escalated the case through any channel I.e. MP or complain to Ukvi?

Submitted Application: October 2019.
Received Refusal: November 2019.
Submitted Appeal: November 2019.
Attended Appeal: February 2021.
Received Appeal Decision: May 2021.
Received Refusal to issue EEA FP: August 2021.
Submitted Pre-action Protocol letter: August 2021.
Received initial and final response to PAP: August and September 2021.
Received email to submit Passport: November 2021.
Will Submit Passport: December 2021.
Will Receive Passport: N/A

Thanks for sharing such a valuable information.
It seems they are prioritising application who submitted the PAP

Anyone is this thread got response from the home office ?
Thanks

We have received email today to submit passports our timeline as below

EEA Family permit for sister in law & niece refused in October 2020
Appeal allowed in August 2021
We didn’t submit any pre action protocol
Received email today to submit passports for EUSS family permit

Thanks for sharing
Did you escalate the issue with ukvi using paid email/phone service or thorough MP/Solictors office ?

euspouse07 wrote: ↑

Thu Dec 09, 2021 11:18 pm

Thanks for sharing
Did you escalate the issue with ukvi using paid email/phone service or thorough MP/Solictors office ?

No we didn’t escalate or contacted mp, I guess they started to issue now, hopefully you will get an email soon

Kash143 wrote: ↑

Wed Nov 03, 2021 3:51 am

There are still confusions on this matter , they may ask for fresh evidence

@kash143

Did you get your applications sorted ?
Thanks

Good morning

Regarding visa application: Xxxxxxxxxx

Whilst your client’s appeal following their application for an EEA family permit was successful, that route closed on 30 June 2021 and we cannot therefore issue them with an EEA family permit. An EU Settlement Scheme family permit was not issued because the person was not then eligible for one.

I am writing to update you that the Home Office is now revisiting cases such as your client’s where:

the EEA family permit application was made by 31 December 2020 and the EEA citizen sponsor was resident in the UK by that date
the relationship to the EEA citizen sponsor is an extended family member (other than a durable partner) / the application was based on derivative rights
the applicant would have qualified for an EEA family permit, including following an allowed appeal, had the route not closed


We can confirm that your client has been assessed for an EU Settlement Scheme family permit as per the criteria above and we are able grant them a visa subject to suitability checks and any material change in circumstances.

This will be valid for six months from the date of issue and will allow your client to travel to and enter the United Kingdom in the same way an EEA Family Permit would when the route was still in operation. Should your client wish to apply to the EU Settlement Scheme following arrival in the UK, your client will be able to rely on the EU Settlement Scheme family permit as the ‘relevant document’ required under Appendix EU in support of the application.

We now require that your client return their passport to the Visa Application Centre (VAC) where they originally made the application. This will enable us to endorse the passport with the relevant vignette. Please return the passport at your earliest convenience and inform us by email when this has been done. Send the email to xxxxxxxxxxxxx

If the passport that your client used to make the initial application has since expired, a valid passport will need to be provided. You will need to provide a copy of any new passport to the same email address when confirming it has been submitted at the VAC. Your client has 14 days to submit the passport to the VAC and inform us by email. Your client will be notified when their passport is available for collection. Upon the Secretary of State now agreeing to grant an EU settlement scheme family permit, (subject to suitability checks and any material change in circumstances) within three months of receipt of passport at the VAC.

Kind regards

UKVI

This is what we receive last week and submitted passports already, hopefully other members start to receive emails soon.

Hi,

My brother, sister-in-law and two nephews applied for the EEA family in Nov 2020, but got refusal letter in March 2021. They didn't apply for appeal. Can any tell me, under the new arrangement, can they apply for EUSS or not? Thanks.

dkbeam wrote: ↑

Fri Dec 17, 2021 11:52 am

Hi,

My brother, sister-in-law and two nephews applied for the EEA family in Nov 2020, but got refusal letter in March 2021. They didn't apply for appeal. Can any tell me, under the new arrangement, can they apply for EUSS or not? Thanks.

Please continue in your existing topic so that the full circumstances are understood by members wishing to offer advice.

eea-route-applications/euss-for-extende ... l#p2046804

CR001 wrote: ↑

Fri Dec 17, 2021 12:08 pm

dkbeam wrote: ↑

Fri Dec 17, 2021 11:52 am

Hi,

My brother, sister-in-law and two nephews applied for the EEA family in Nov 2020, but got refusal letter in March 2021. They didn't apply for appeal. Can any tell me, under the new arrangement, can they apply for EUSS or not? Thanks.

Please continue in your existing topic so that the full circumstances are understood by members wishing to offer advice.

eea-route-applications/euss-for-extende ... l#p2046804

Hi,

My apology. I meant to post in here instead of eea-route-applications/euss-for-extende ... l#p2046804. I tried to delete the other post but it wouldn't let me.

Anyway, I was making the EEA family permit application for my brother, sister-in-law and nephews. There were refused last year before the end of transition period and we didn't have enough time to apply for appeal. I just wanted to know the new arrangement for the EEA family permit application just came in November this year would be avaliable to my brother, sister-in-law and nephews.

Thanks.

dkbeam wrote: ↑

Fri Dec 17, 2021 12:22 pm

CR001 wrote: ↑

Fri Dec 17, 2021 12:08 pm

dkbeam wrote: ↑

Fri Dec 17, 2021 11:52 am

Hi,

My brother, sister-in-law and two nephews applied for the EEA family in Nov 2020, but got refusal letter in March 2021. They didn't apply for appeal. Can any tell me, under the new arrangement, can they apply for EUSS or not? Thanks.

Please continue in your existing topic so that the full circumstances are understood by members wishing to offer advice.

eea-route-applications/euss-for-extende ... l#p2046804

Hi,

My apology. I meant to post in here instead of eea-route-applications/euss-for-extende ... l#p2046804. I tried to delete the other post but it wouldn't let me.

Anyway, I was making the EEA family permit application for my brother, sister-in-law and nephews. There were refused last year before the end of transition period and we didn't have enough time to apply for appeal. I just wanted to know the new arrangement for the EEA family permit application just came in November this year would be avaliable to my brother, sister-in-law and nephews.

Thanks.

I have asked you to post in your own topic and not in this general topic, where your earlier post was moved to. It is not appropriate to post in this topic as there is history that members would be able to see in your own topic!!

User2014 wrote: ↑

Wed Dec 15, 2021 7:57 pm

This is what we receive last week and submitted passports already, hopefully other members start to receive emails soon.

Did you get your passports back ?
Thanks

If your appeal is allowed in September then it is very likely that HO will send you the letter by the end of January.

euspouse07 wrote: ↑

Wed Dec 29, 2021 1:25 pm

User2014 wrote: ↑

Wed Dec 15, 2021 7:57 pm

This is what we receive last week and submitted passports already, hopefully other members start to receive emails soon.

Did you get your passports back ?
Thanks

Still waiting for passports

hey guys i would like to ask what is this post about?

we applied for mum pre settled status, she already had 5 years dependent visa via SS,

two months we are still waiting for any news from home office,

is this look like any concern?

regards

allain wrote: ↑

Tue Jan 04, 2022 10:22 am

hey guys i would like to ask what is this post about?

we applied for mum pre settled status, she already had 5 years dependent visa via SS,

two months we are still waiting for any news from home office,

is this look like any concern?

regards

This topic is for extended family member applications outside the UK and NOT for direct family (mother) applications within the UK!!

Cyber Ghost wrote: ↑

Sun Jan 02, 2022 6:58 pm

Anyone from you, who have got the EUSS FP?

A relevent(?) quote from an article on the freemovement.org.uk site-


The object of EU free movement law is, as the name suggests, to enable free movement of EU citizens. The aim is not family reunification — albeit that “family reunion is an ancillary means by which free movement may be facilitated or promoted [45]”.

The Home Office only needs to allow an extended family member to enter, or stay in, the UK where refusal would restrict the EEA citizen’s free movement rights.

This is often overlooked. Often an EEA citizen will only seek to bring an extended family member to the UK after they have lived here for several years. That makes it difficult to argue that their free movement rights, which they had exercised quite some time ago, will be restricted if their family member cannot now join them.
https://www.freemovement.org.uk/no-eu-c ... y-members/