by secret.simon » Tue Jan 03, 2023 1:42 am
Firstly, if you are an unmarried/durable partner of an EEA citizen, I am not sure that there is a pathway to even Pre-Settled Status for your child. It is not impossible that the status was issued in error or based on incomplete information (i.e. the application may have implied that you were a civil partner rather than a durable partner, the two having very different consequences re the EUSS scheme).
I would say that your first questions should be for your solicitor to confirm that your son, who is not a family member of an EEA citizen or of an EEA Citizen's spouse or civil partner, has been issued a valid PSS.
The family members of a durable partner of an EEA citizen do not have a pathway to move to the UK under Appendix EU, to the best of my knowledge.
Two additional complications for your son's immigration journey are that, assuming that his PSS was issued correctly,
(a) he needs to remain related to the EEA citizen, and resident in the UK, for the full five year period of his UK residency. His status is dependent on the EEA citizen, not on you , the durable partner of said EEA citizen. If you break up with the EEA citizen, by extension, his relationship with the EEA citizen is broken as well and his eligibility for SS will be broken.
(b) (I suspect this is what your solicitor is referring to), your son is about to turn 18 and will therefore be over the age of 21 (the age of adulthood for the purposes of Appendix EU) when the five year clock is up. I think that your son will be eligible provided he can prove that he remains dependent on the EEA citizen past the age of 21.
Again, all the advice above is based on the premise that your son has a valid PSS, which I suspect. But wait for others to advise further.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.