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Understanding EUSS deadline for non-EU family members

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

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avro1959
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Understanding EUSS deadline for non-EU family members

Post by avro1959 » Mon Apr 05, 2021 2:44 am

Folks, we've been trying to move to the UK since last March - and between flight cancellations and the terrible timing of covid peaks, we haven't been able to move.

My spouse (Irish) has had her pre-settled status since Sep 2019. We've been married 6 years so I applied for an EUSS FP from Canada in Jan 2021, got it in February and it's valid until August 10th.

The part I'm confused about is the deadline for applying for EUSS once I'm in the country. In the UK gov webpage - https://www.gov.uk/settled-status-eu-ci ... ily-member - it says,
If you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK.
My original plan was to travel end of April, but because of the rise of covid-19 variants where I am, we may have to push it by a few months.

Q1: If I travel on Aug 1, for example, does this mean my deadline for EUSS is roughly Nov 1? Is the deadline to apply for EUSS not impacted by the end of my actual EUSS FP which expires Aug 10, or is the Aug 10 deadline just for entering the country?

Q2: Follow up question to the previous one - should I be applying for a new EUSS FP in order to give me more time on the clock, especially if I'm unable to travel until August?

Thank you in advance!

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Re: Understanding EUSS deadline for non-EU family members

Post by avro1959 » Mon Apr 05, 2021 2:54 am

Also before anyone comments that the deadline is June 30 (I seem to be getting challenged on this all the time), please note that there are exceptions for non-EU family members of an EU citizen who was living in the UK before 31 Dec 2020. From the same government webpage:
When to apply
The scheme is open now. The deadline for applying is usually 30 June 2021, except for in a few cases.

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
If you’re not living in the UK by 31 December 2020, you’ll still be able to apply if all of the following are true:
  • your family member was living in the UK by 31 December 2020
  • your relationship began by 31 December 2020 (unless you are a child born or adopted after that date)
  • you remain a close family member when you apply, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent.

Crosshaven
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Re: Understanding EUSS deadline for non-EU family members

Post by Crosshaven » Mon Apr 05, 2021 9:32 am

You'll need to be in the UK and have applied for pre-settled status by June 30th.

I would not like to be counting on any kind of extensions/special circumstances to deviate from this deadline, if I were you.

kamoe
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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Mon Apr 05, 2021 12:37 pm

avro1959 wrote:
Mon Apr 05, 2021 2:44 am
The part I'm confused about is the deadline for applying for EUSS once I'm in the country.
The main takeaway is that the deadline to enter the UK and apply is June 30th. Period.
In the UK gov webpage - https://www.gov.uk/settled-status-eu-ci ... ily-member - it says,
If you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK.
Think about it. What is April 1st + 3 months? July 1st (or, on the safe side, roughly June 30th).

This notice is there simply to avoid anyone having a Family Permit with a validity date beyond June 30th, to mistakenly believe they are able to apply after June 30th, just because their Family Permit is valid.

In other words, this is another way to say "Remember that the deadline to apply is June 30th, no matter the validity of your Family Permit".
Q1: If I travel on Aug 1, for example,
You cannot arrive on August 1st, you need to have arrived and have applied by June 30th.
does this mean my deadline for EUSS is roughly Nov 1?
No. Your deadline, as anyone else's, is June 30th.
Is the deadline to apply for EUSS not impacted by the end of my actual EUSS FP which expires Aug 10, or is the Aug 10 deadline just for entering the country?
As I just explained, you basically need to ignore the end of your FP and respect the deadline of June 30th, that's what the notice is intended to tell you.
Q2: Follow up question to the previous one - should I be applying for a new EUSS FP in order to give me more time on the clock, especially if I'm unable to travel until August?
No new FP will give you more time beyond June 30th. You should arrive and apply by that date.
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.

kamoe
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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Mon Apr 05, 2021 5:06 pm

avro1959 wrote:
Mon Apr 05, 2021 2:54 am
Also before anyone comments that the deadline is June 30 (I seem to be getting challenged on this all the time), please note that there are exceptions for non-EU family members of an EU citizen who was living in the UK before 31 Dec 2020. From the same government webpage:
When to apply
The scheme is open now. The deadline for applying is usually 30 June 2021, except for in a few cases.

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
If you’re not living in the UK by 31 December 2020, you’ll still be able to apply if all of the following are true:
  • your family member was living in the UK by 31 December 2020
  • your relationship began by 31 December 2020 (unless you are a child born or adopted after that date)
  • you remain a close family member when you apply, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent.
This refers to the fact that the family member is allowed to have moved to the UK after the deadline of December 31st 2020, if their EU sponsor already lived in the UK by then.

But even in the se cases, while the deadline to move is accomodating, the deadline to apply (June 39th 2021) isn't. At least not spelled out anywhere in the quoted text above.
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: Understanding EUSS deadline for non-EU family members

Post by kamoe » Mon Apr 05, 2021 5:27 pm

Crosshaven wrote:
Mon Apr 05, 2021 9:32 am
I would not like to be counting on any kind of extensions/special circumstances to deviate from this deadline, if I were you.
Great advice, in a nutshell.

I will slightly contradict myself after my above comments and say there will be indeed exceptions and it will be possible for some people to apply after the deadline, but that has been widely reported as being only possible under exceptional circumstances (Covid after a year definitely not being one of them).

Again, no "exceptions" to the June 30th deadline or how to qualify for that are spelled out (with reason) anywhere.
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.

amelie12
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Re: Understanding EUSS deadline for non-EU family members

Post by amelie12 » Mon Apr 05, 2021 6:30 pm

kamoe wrote:
Mon Apr 05, 2021 5:27 pm
Crosshaven wrote:
Mon Apr 05, 2021 9:32 am
I would not like to be counting on any kind of extensions/special circumstances to deviate from this deadline, if I were you.
Great advice, in a nutshell.

I will slightly contradict myself after my above comments and say there will be indeed exceptions and it will be possible for some people to apply after the deadline, but that has been widely reported as being only possible under exceptional circumstances (Covid after a year definitely not being one of them).

Again, no "exceptions" to the June 30th deadline or how to qualify for that are spelled out (with reason) anywhere.
Reading about „no exceptions“ makes me think that in view of huge current delays in processing EUSS FP applications, lots of applicants will be getting a totally useless entry clearance document. In many cases waiting times for EUSS FP are currently several months and people are still applying. There is less and less chance that they are going to make it to the UK by 30 June 2021. Why is HO still processing those applications then.

Reading different forums says that HO refers to Covid being major reason for massive delays in EUSS FP processing. It may become a major issue for HO to reject PSS applications after 30 June 2021 if HO itself caused a delay in issuing FP. In my humble opinion.

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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Mon Apr 05, 2021 6:42 pm

amelie12 wrote:
Mon Apr 05, 2021 6:30 pm
It may become a major issue for HO to reject PSS applications after 30 June 2021 if HO itself caused a delay in issuing FP. In my humble opinion.
I believe it would not be totally impossible to see some kind of extension for said circumstances. We've seen this before: validity of EEA cards was extended six months from 31st December 2020 to June 30th 2021 at the eleventh hour with no prior warning... But it would be unwise to bank on this possibility, specially if one already has a Family Permit. Best to arrange to respect the deadline as it is known today if at all possible.
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: Understanding EUSS deadline for non-EU family members

Post by avro1959 » Tue Apr 06, 2021 5:06 am

kamoe wrote:
Mon Apr 05, 2021 12:37 pm
Think about it. What is April 1st + 3 months? July 1st (or, on the safe side, roughly June 30th).

This notice is there simply to avoid anyone having a Family Permit with a validity date beyond June 30th, to mistakenly believe they are able to apply after June 30th, just because their Family Permit is valid.

In other words, this is another way to say "Remember that the deadline to apply is June 30th, no matter the validity of your Family Permit".
kamoe, thank you for your input however I think you have misunderstood the government's guidance. The text clearly says:
The deadline for applying is 30 June 2021. You must usually have started living in the UK by 31 December 2020.
The deadlines are different in some situations, for example if:
  • you’re applying to join a close family member
  • the family member of a British citizen (‘Surinder Singh’ applications)
  • you stop being exempt from immigration control
The bullet points above clearly define the exceptions to the 30 June deadline. When you click on the link for "you're applying to join a close family member", it then takes you to the information I quoted in the previous post, where it clearly says:
If you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK.
Note the words "on or after" and the words "within 3 months of the date you arrive". This language tells me that if I arrived on April 1st, the deadline would be approx. July 1st; if I arrived on May 15th, the deadline would be August 15th. If the deadline was universally June 30th for this specific category of people (those "applying to join a close family member"), then they would have clearly indicated so instead of beating around the bush. They did not say that the deadline is within 3 months of 1st April, but rather "within 3 months of the date you arrive in the UK", which could be "on or after" 1 April.

Based on their language, there is effectively no deadline (for now) for family members to join EU citizens who were living in the UK before 31 December 2020 and had received pre-settled or settled status, as long as the family member applies for and is issued an EUSS FP. The EUSS FP page also states that there's no deadline to apply for the EUSS FP. There's also no reason to give out an immigrant-type entry clearance and yet disallow people from applying to remain permanently. Hence it makes sense that they allow for an EUSS application within 3 months of entry if an individual arrives anytime after 1 April.

You can also refer to the London government webpage here - https://www.london.gov.uk/what-we-do/eu ... ace-period - specifically the section titled "Is the 30 June 2021 deadline the same for everyone?"

This is not a loophole - the UK has essentially opened a family reunification mechanism that does not have a deadline provided that the related EU member was in the UK before 31 Dec 2020, and applied for their EUSS before 30 June 2021.

My original question was more so to understand how my EUSS FP expiry of Aug 10 interacts with "you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK". The more I read about it, the FP expiry date probably has no bearing on the actual EUSS application.
Crosshaven wrote:
Mon Apr 05, 2021 9:32 am
I would not like to be counting on any kind of extensions/special circumstances to deviate from this deadline, if I were you.
crosshaven, I'm not referring to covid-19 related extensions / special circumstances - I'd agree that those are a coin toss. Rather, I am referring to the text "if you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK".

In any case, since I seem to be getting a lot of push-back on this, I have reached out to the eu settlement scheme resolution center to clarify and I will post their feedback for the benefit of anyone else in a similar situation.

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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Tue Apr 06, 2021 7:18 am

Fair enough, I concede my original interpretation doesn't match, yours makes sense. Do have it verified as you say since the wording is ambiguous.

I would say you probably do need to respect your FP expiration date if you are otherwise required to have a visa in the UK.

Good luck.
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: Understanding EUSS deadline for non-EU family members

Post by Crosshaven » Tue Apr 06, 2021 9:30 am

avro1959 wrote:
Tue Apr 06, 2021 5:06 am
kamoe wrote:
Mon Apr 05, 2021 12:37 pm
Think about it. What is April 1st + 3 months? July 1st (or, on the safe side, roughly June 30th).

This notice is there simply to avoid anyone having a Family Permit with a validity date beyond June 30th, to mistakenly believe they are able to apply after June 30th, just because their Family Permit is valid.

In other words, this is another way to say "Remember that the deadline to apply is June 30th, no matter the validity of your Family Permit".
kamoe, thank you for your input however I think you have misunderstood the government's guidance. The text clearly says:
The deadline for applying is 30 June 2021. You must usually have started living in the UK by 31 December 2020.
The deadlines are different in some situations, for example if:
  • you’re applying to join a close family member
  • the family member of a British citizen (‘Surinder Singh’ applications)
  • you stop being exempt from immigration control
The bullet points above clearly define the exceptions to the 30 June deadline. When you click on the link for "you're applying to join a close family member", it then takes you to the information I quoted in the previous post, where it clearly says:
If you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK.
Note the words "on or after" and the words "within 3 months of the date you arrive". This language tells me that if I arrived on April 1st, the deadline would be approx. July 1st; if I arrived on May 15th, the deadline would be August 15th. If the deadline was universally June 30th for this specific category of people (those "applying to join a close family member"), then they would have clearly indicated so instead of beating around the bush. They did not say that the deadline is within 3 months of 1st April, but rather "within 3 months of the date you arrive in the UK", which could be "on or after" 1 April.

Based on their language, there is effectively no deadline (for now) for family members to join EU citizens who were living in the UK before 31 December 2020 and had received pre-settled or settled status, as long as the family member applies for and is issued an EUSS FP. The EUSS FP page also states that there's no deadline to apply for the EUSS FP. There's also no reason to give out an immigrant-type entry clearance and yet disallow people from applying to remain permanently. Hence it makes sense that they allow for an EUSS application within 3 months of entry if an individual arrives anytime after 1 April.

You can also refer to the London government webpage here - https://www.london.gov.uk/what-we-do/eu ... ace-period - specifically the section titled "Is the 30 June 2021 deadline the same for everyone?"

This is not a loophole - the UK has essentially opened a family reunification mechanism that does not have a deadline provided that the related EU member was in the UK before 31 Dec 2020, and applied for their EUSS before 30 June 2021.

My original question was more so to understand how my EUSS FP expiry of Aug 10 interacts with "you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK". The more I read about it, the FP expiry date probably has no bearing on the actual EUSS application.
Crosshaven wrote:
Mon Apr 05, 2021 9:32 am
I would not like to be counting on any kind of extensions/special circumstances to deviate from this deadline, if I were you.
crosshaven, I'm not referring to covid-19 related extensions / special circumstances - I'd agree that those are a coin toss. Rather, I am referring to the text "if you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK".

In any case, since I seem to be getting a lot of push-back on this, I have reached out to the eu settlement scheme resolution center to clarify and I will post their feedback for the benefit of anyone else in a similar situation.
Thanks for the updates. I hope you get the clarification you need because as you know, much of the information on the HO website can often be vague and or ambiguous. This of course (imo) is not merely a coincidence!

Please do update us as I am intrigued as to how this will work out.

Good luck. :)

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Re: Understanding EUSS deadline for non-EU family members

Post by askmeplz82 » Thu Apr 08, 2021 10:07 pm

There is no DEADLINE yet for EU CLOSE family member living overseas . They will issue EUSS family permit even after June 30th .

Family members coming to join their sponsor in the UK holding an Appendix EU (EU Settlement Scheme) family permit have three months to apply if arriving after 1 April 2021;

A qualifying family member who holds leave to remain under another part of the Immigration Rules or outside of the Rules, they must apply before the end of their leave, even if this is after 30 June 2021;
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

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Re: Understanding EUSS deadline for non-EU family members

Post by avro1959 » Sat Apr 10, 2021 4:04 am

I got a reply from the EU settlement scheme resolution center, but it seems to fall short. They have also referenced the EU Family Permit even though that's out of scope.
Thank you for your email enquiry dated 5 April 2021 about the conditions on your Family Permit and when you can apply to the EU Settlement scheme.

The EUSS Family permit allows you to enter and stay in the UK for 6 months. If you wish to apply to the EU Settlement Scheme, you must apply before the Family Permit expires.

The dates to which you refer applies to the EEA Family permit which is not valid after 30 June 2021.
This response indicates that the expiry of the EUSS family permit remains a hard deadline despite the "within 3 months" indicated. Essentially they're saying that individuals with an EUSS family permit must apply for the EU Settlement Scheme within 3 months of entry, or before the expiry of the family permit, whichever comes earlier.

So for example, if an EUSS family permit is valid from July 5 2021 to Jan 5 2022, and the individual enters the UK on Aug 10, the individual has until Nov 10 (3 months) to apply for the EUSS. However if the individual enters the country on Dec 15, the individual does not have 3 months but rather must apply before Jan 1, 2022.

I have sent a new request hoping that the next person provides more clarity.

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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Sat Apr 10, 2021 7:02 am

Well, that makes sense, hence why I suggested it at the end of my previous post.

You are given a Family Permit and as a general rule you are supposed to respect it's terms and don't overstay it without applying for a residence card first. The only exception to this was direct family members of qualified EU nationals when the UK still belonged to the EU, when family members had a de facto right to stay. I think this is not anymore (but someone correct me if I'm wrong).

Saying that you need to apply within three months is meant to say that instead of having six months you now have three, if arrived after 1st of April. The whole thing is meant to restrict people to apply earlier than what they would have been able to.

Not sure how this can be interpreted that you have an extra three months if your permit is going to expire soon. Why would you?
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: Understanding EUSS deadline for non-EU family members

Post by avro1959 » Sat Apr 10, 2021 7:33 pm

It depends on how a country deals with entry permits - hence the ambiguity. There are many countries in the world - USA, Canada, China, or Korea for example - where the dates of an entry permit or a visa merely stipulates the last date to enter the country, and not the last day you can remain in the country.

For example, a 2 year multiple entry visa to the US, Canada, Korea or China will allow you to travel to the country 2 weeks before the expiry of the visa, and on entry, the border officer stamps your passport with a standard 6 month stamp (in China it's 3 months I believe). This allows you to legally stay beyond the expiry of the visa vignette since the border officer's stamp supersedes the visa vignette expiry. This is very common in most countries I have travelled to with a visa.

Hence it's not a far stretch to question if the UK border officers also do the same, especially in light of the requirement to "apply within 3 months of entry". They should have been more clear that the deadline is within 3 months of entry or the expiry of the permit, whichever comes earlier.

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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Sat Apr 10, 2021 7:36 pm

But this is not the US.

I believe UK residence cards have been refused to extended family members in the past because the applicant has left their permit expire.

Please share what they answer to your second inquiry. Curious to know the answer.
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: Understanding EUSS deadline for non-EU family members

Post by avro1959 » Sat Apr 10, 2021 9:19 pm

I agree, it's a terrible idea to intentionally overstay your permit. Once again, I was not aware of the specifics of how UK permits work with regards to the actual stamp you get on entry. To your point, and the response of the EUSS resolution center, it looks like the UK border officers do not extend the entry permission beyond the expiry date of the visa, like it's done in many other countries.

I'll share the update when I hear from them again!

Since my travel plans have been delayed (due to COVID) and I'm not looking to enter until Aug 1, with a permit that expires Aug 10, that wouldn't give me enough time to apply for EUSS especially if biometric appointments are taking a month. I think I need to apply for a new EUSS FP in order to reset my 4 / 6 month window.

kamoe, do you know if the UK allows me to apply for a new EUSS FP even if I have an existing valid one?

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Re: Understanding EUSS deadline for non-EU family members

Post by kamoe » Sun Apr 11, 2021 4:07 pm

As far as I am aware there is no limit on the number of family permits you can apply to. In theory you could do what you suggest. What I don't know is if at all there is a deadline for that (I know there's one for EEA permits, which is June 30th). I have the impression that these things keep evolving over the months.

Given it's free, if you can do it, no real reason not to attempt...
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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