ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

EUSS for extended family

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

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Thu Jul 29, 2021 1:11 pm

It will appear the author confined his claim to the regulations and hence the response received.
Smooth seas do not make skilful sailors

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Thu Jul 29, 2021 1:25 pm

DO you think if I go against decision on the basis of date of application would it be successful?

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Thu Jul 29, 2021 4:11 pm

This is disappointing. I am surprised why they are still attending the hearings!!!!

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Thu Jul 29, 2021 4:15 pm

Kash143 wrote:
Thu Jul 29, 2021 1:25 pm
DO you think if I go against decision on the basis of date of application would it be successful?
I think there is a failure. But your lawyer needs to lay all his cards on the table, if he fail to raise grounds and then raise it later, you may lose cost.
Smooth seas do not make skilful sailors

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Thu Jul 29, 2021 4:40 pm

How long the judicial review will take to be finalised?

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Thu Jul 29, 2021 7:31 pm

Most JR are settled out of court before the outcome of a hearing , provided the case is properly presented.
Smooth seas do not make skilful sailors

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Sat Jul 31, 2021 10:19 am

Kash143 wrote:
Thu Jul 29, 2021 1:25 pm
DO you think if I go against decision on the basis of date of application would it be successful?
Have you taken any step forward?
What is the opinion of your legal team on this ?
Thanks

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Wed Aug 04, 2021 9:38 am

Yes dear I have joined a group of people to lodge judicial review. HO is aware of problem. I sent a complaint to 3millions and IMA and I got a detailed email and following is the reply.



Thank you for reaching out to the3million about your problem. I hope you do not mind my replying to all of you who reached out via email with this single email. It is clear that the Home Office's refusal to grant family permits to extended family members is far-reaching and attracted a number of you to reach out.

Firstly, thank you. Your stories have helped considerably in our understanding of the issue. I am sorry you and your families are experiencing what you are.

I wanted to update you on what we have done to date with respect to this issue:

1. We have complained directly to the Home Office and have raised it with them during private meetings. The person we spoke with acknowledged that there was a problem that needed addressing but didn’t present any solutions. We will continue to press on the Home Office and contact the minister for immigration, Kevin Foster MP, should a satisfactory response not be provided in the coming days/week;
2. We have raised this complaint with the EU Commission. Whilst they have not yet confirmed that they disagree with the UK’s approach, we are confident that this will be a problem they will raise with the UK Government at the earliest opportunity;
3. We have raised this issue with the Independent Monitoring Authority (‘IMA’) who are in charge of safeguarding our rights - that includes you, those you represent and families.
4. We have spoken with lawyers who have filed a judicial review with the High Court in the UK alleging that the UK has breached the Withdrawal Agreement by refusing to issue permits to those eligible extended family members. We will stay in close contact with the lawyers in the case and bring updates where appropriate; and
5. Finally, we have raised this issue with journalists. We understand that Politico will be publishing a piece in due course. May Bulman at the Independent is doing a piece with a quick turnaround (with a view to publishing a piece in the Independent tomorrow) and would like to hear from anyone impacted urgently. Please email the info@the3million.org.uk address if you would like to talk with May about your experience.

I wanted to set out a few other things you could do to help:

1. Please sign up for our newsletter. We provide regular updates there on other issues and will be integrating anything on this issue there in the future. You can sign up here: https://www.the3million.org.uk/subscribe ; and
2. Please contact your MP and tell them about your experience. I appreciate that this may often feel pointless but, trust me, it does make an impact. The more people who do it, the greater awareness of this issue will be given in parliament. For further information see here: https://www.parliament.uk/get-involved/ ... t-your-mp/
3. I would urge, if you are able to, to raise a complaint directly with the IMA about this via their complaints process. They can then investigate themselves and put pressure on the Government. You can find out more information via the following link: https://ima-citizensrights.org.uk/report-a-complaint/

Thank you again. Should anything further arise I will be in touch. Should you have any specific follow-up questions please contact the info@the3million.org.uk address.

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Wed Aug 04, 2021 7:54 pm

Thanks for updating us.
Please keep us in the loop

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Thu Aug 05, 2021 10:02 am

@kash143

assuming you have read the story I shared, although they have written to the MP, Should they write to 3Millions and IMA?
Should they need to disclose all the personal information or application number would be sufficient?

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Fri Aug 06, 2021 1:10 pm

It is better to contact with all your details because they have to use it for reference if required. I feel we should share. I have shared and will stand by it

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Fri Aug 06, 2021 4:12 pm

Smooth seas do not make skilful sailors

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Mon Aug 09, 2021 1:22 pm

Plenty to come!!

Telegraph has also written an article, there are others in pipeline. We will continue to explain the situation to the rest

User2014
Newbie
Posts: 38
Joined: Tue Feb 14, 2017 11:52 pm

Re: EUSS for extended family

Post by User2014 » Mon Aug 09, 2021 1:41 pm

Kash143 wrote:
Mon Aug 09, 2021 1:22 pm
Plenty to come!!

Telegraph has also written an article, there are others in pipeline. We will continue to explain the situation to the rest
We are in the same boat, thank you for keeping us updated ,

User2014
Newbie
Posts: 38
Joined: Tue Feb 14, 2017 11:52 pm

Re: EUSS for extended family

Post by User2014 » Mon Aug 09, 2021 5:59 pm

Someone I know whose family permit was recently allowed, received this letter from HO below

“I am writing to inform you that whilst your application for an EEA family permit has been successful following your allowed appeal, the EEA family permit route ended on 30 June 2021. Any EEA family permit, regardless of the date it was issued, is not valid for travel to the UK after 30 June 2021. This includes a permit issued as a result of a successful appeal.
As any EEA family permit issued to you would not be valid, your passport will not be endorsed with an EEA family permit even though your application was successful.
My department has also considered whether you may be eligible to apply for the EU Settlement Scheme family permit, we have reviewed your application however we cannot grant you an EUSS Family permit for the reasons outlined below.
I have considered whether you meet the validity, eligibility and suitability requirements for an EUSS Family Permit, which are set out in Appendix EU (Family Permit) to the Immigration Rules.
I have reviewed your application, I note on your application form you state you are related as the sister in law of your sponsor, You do not qualify for an EUSS family permit because you have not provided adequate evidence to prove that you are a 'family member' as defined by Appendix EU - (a spouse; civil partner; durable partner; child, grandchild, great-grandchild under 21; dependent child, grandchild, great-grandchild over 21; or dependent parent, grandparent, great-grandparent)- of a relevant EEA or Swiss citizen or of their spouse or civil partner.
As your relationship to the sponsor does not come within the definition of 'family member of a relevant EEA citizen' as stated in Appendix EU (Family Permit) to the Immigration Rules, you do not appear to meet the requirements of that route. If you do feel you meet the requirements of an EU Settlement Scheme family permit you are free to make an application. More information can be found here
The visa application centre that you attended to enrol your biometrics will contact you once your documents are ready for collection. Please do not contact the visa application centre until they advise you to do so.
For further information or if you have any queries about the contents of this letter or your decision, our contact details are on our website: https://www.gov.uk/contact- ukvi-inside-outside-uk
Next steps
If you still wish to travel to the UK, you will need to consider whether another entry clearance route is suitable for your circumstances. Please visit Gov.uk to find out more about the different entry clearance visas available.
Kind regards
UK Decision Making Centre”

sanwarmu
Newly Registered
Posts: 3
Joined: Tue Aug 10, 2021 2:38 am

Re: EUSS for extended family

Post by sanwarmu » Tue Aug 10, 2021 2:48 am

Kash143 wrote:
Mon Aug 09, 2021 1:22 pm
Plenty to come!!

Telegraph has also written an article, there are others in pipeline. We will continue to explain the situation to the rest
Hi everyone i had the same issue.
As my sister and nephew family permit application was refused in Oct 2020.
Appeal allowed 21 May 2021,
Recently received Email from HO saying same story as you mentioned for your brother and sister in law,
Please help me what is your finding in this scenario so far.
Shall i go for pre judicial letter to HO?
Or shall I go for JR?
Or shall i just wait?

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Tue Aug 10, 2021 2:34 pm

sanwarmu wrote:
Tue Aug 10, 2021 2:48 am
Kash143 wrote:
Mon Aug 09, 2021 1:22 pm
Plenty to come!!

Telegraph has also written an article, there are others in pipeline. We will continue to explain the situation to the rest
Hi everyone i had the same issue.
As my sister and nephew family permit application was refused in Oct 2020.
Appeal allowed 21 May 2021,
Recently received Email from HO saying same story as you mentioned for your brother and sister in law,
Please help me what is your finding in this scenario so far.
Shall i go for pre judicial letter to HO?
Or shall I go for JR?
Or shall i just wait?
Yes we should all go for JR ( strong recommendation) , complaint to IMA, 3 millions and European commission

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Tue Aug 10, 2021 2:55 pm

Well I believe Pre-acttion protocol and a threat of JR may be a quiker resolution.

I sent 1 PAP for a similar issue, they replied undertaking to review within 12 weeks, so it may be the case that all people in similar case will not have to go for JR, as JR is timely and cost incurring.
Smooth seas do not make skilful sailors

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Tue Aug 10, 2021 3:09 pm

Obie wrote:
Tue Aug 10, 2021 2:55 pm
Well I believe Pre-acttion protocol and a threat of JR may be a quiker resolution.

I sent 1 PAP for a similar issue, they replied undertaking to review within 12 weeks, so it may be the case that all people in similar case will not have to go for JR, as JR is timely and cost incurring.
Dear Obie I sent them PAP but they sent the same resistant reply and they are not considering it. I am again going for PAP with different solicitor I dont know if i am right

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Tue Aug 10, 2021 3:16 pm

Well, you are not the only person whose PAP was refused, so i do not think your solicitor should be blamed for that. I was actually waiting for a resistance as well, and was surprised to receive an undertaking to reconsider.

My suspicion is that they will lose and lose miserably one way or the other.
Smooth seas do not make skilful sailors

Kash143
Newbie
Posts: 41
Joined: Fri Jul 16, 2021 11:32 am
Pakistan

Re: EUSS for extended family

Post by Kash143 » Tue Aug 10, 2021 3:56 pm

Obie wrote:
Tue Aug 10, 2021 2:55 pm
Well I believe Pre-acttion protocol and a threat of JR may be a quiker resolution.

I sent 1 PAP for a similar issue, they replied undertaking to review within 12 weeks, so it may be the case that all people in similar case will not have to go for JR, as JR is timely and cost incurring.
On what grounds you sent PAP? please share with us more details so we can also apply on the same grounds and see the response. Please hide the details of the person

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Tue Aug 10, 2021 6:36 pm

Obie wrote:
Tue Aug 10, 2021 3:16 pm
Well, you are not the only person whose PAP was refused, so i do not think your solicitor should be blamed for that. I was actually waiting for a resistance as well, and was surprised to receive an undertaking to reconsider.

My suspicion is that they will lose and lose miserably one way or the other.
So your suggest that every individual should make an attempt to solve this(sending PAP )rather than waiting for the higher court judgment.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EUSS for extended family

Post by Obie » Tue Aug 10, 2021 8:55 pm

You must challenge adverse decisions within 3 months or you will forfeit the right to do so.
Smooth seas do not make skilful sailors

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EUSS for extended family

Post by euspouse07 » Tue Aug 10, 2021 9:19 pm

Do one needs legal expert to draft PAP?
Is it obligatory to send it through the legal expert ?
Given the current scenario, what grounds one can put forward?
Thanks

User2014
Newbie
Posts: 38
Joined: Tue Feb 14, 2017 11:52 pm

Re: EUSS for extended family

Post by User2014 » Thu Aug 19, 2021 7:52 pm

Has there been any progress on Allowed appeals of EEA Extended family member cases ?

Locked
cron