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EEA ((FM) EU scheme Settlement ILR) want to bring dependent!

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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Anam-
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Posts: 3
Joined: Mon May 11, 2020 7:11 pm
Albania

EEA ((FM) EU scheme Settlement ILR) want to bring dependent!

Post by Anam- » Mon May 11, 2020 7:42 pm

Hello All,
I’m a bit confused about dependence visa about my baby and wife.
Here to start
Marriage to EU partner on December 2013
Apply RC as family member of EEA on April 2014
Family member RC got on May 2014
Divorce Start on June 2017
Decrease Absolute on July 2018
Apply for retain right on aug 2018 refused by sept 2018 appeal on sept 2018 case was pending for a year
Marriage a student non-eu partner July 2019
Appeal fail from court on Aug 2019
Appeal for Upper tribunal on Aug 2019
Baby born on Jan 2020
Upper tribunal case win on March 2020
Apply for EU settlement got within 3 days on paper

Now my question is can I apply visa for my baby as my dependent??? Also can my wife apply visa as my dependent. My wife still
Holding student visa which is valid till October 2020 ??

secret.simon
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Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA ((FM) EU scheme Settlement ILR) want to bring dependent!

Post by secret.simon » Mon May 11, 2020 7:45 pm

Anam- wrote:
Mon May 11, 2020 7:42 pm
Apply for EU settlement got within 3 days on paper
As you seem to have got Settled Status, you will be able to sponsor your spouse and child under the UK Immigration Rules as the spouse of a settled person (i.e. they will have to meet the English language requirements, minimum income requirements, etc).

Was the child born in the UK or abroad?
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.

Anam-
Newly Registered
Posts: 3
Joined: Mon May 11, 2020 7:11 pm
Albania

Re: EEA ((FM) EU scheme Settlement ILR) want to bring dependent!

Post by Anam- » Mon May 11, 2020 8:03 pm

Child was born in UK

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

Re: EEA ((FM) EU scheme Settlement ILR) want to bring dependent!

Post by Obie » Mon May 11, 2020 8:12 pm

Baby may have a claim to British Citizenship depending on the facts of the case and the circumstances under which the appeal was allowed.
Smooth seas do not make skilful sailors

Anam-
Newly Registered
Posts: 3
Joined: Mon May 11, 2020 7:11 pm
Albania

Re: EEA ((FM) EU scheme Settlement ILR) want to bring dependent!

Post by Anam- » Tue May 12, 2020 8:49 am

Thanks you both secret.simon and Obie . The case was straight forward (I was unable to provide ex’s ID ) . But I provide various of documents which shows we lived together about 5 years (before and after marriage) in same address with her parents. Later her parents left UK just after brexit vote in 2016. There we start having problem and it bring us to separation Late 2016. All evidence I provide on upper tribunal (before when I apply retain right to home office and appeal I did not provide much docs) . Luckily upper tribunal give me a chance to provide docs if I have any so I provide all to them and get retain right and same day the RC arrived I applied for EU Settlement .

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