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Non eu parents pre settle status

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

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Ssaima2012
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Non eu parents pre settle status

Post by Ssaima2012 » Sun Oct 16, 2022 1:38 am

Hi, all your help should be much appreciated

1- I am married to an EU national hence I am no EU national
2- I was granted ILR
3-i applied for my parents' visa from Pakistan, and EUSS for six months was granted.
4-after arriving in the UK, my parents were given pre-settle status for five years.
5-my wife and I got divorced afterwards

My question is, would my parents would be able to get settled status after five years of pre settle status? Or they have to leave the UK as I divorce my wife

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contorted_svy
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Re: Non eu parents pre settle status

Post by contorted_svy » Sun Oct 16, 2022 6:26 am

This should not affect your parents status. When they were given pre settled status, were there conditions? Eg were they listed as your wife's dependents?
All advice comes from personal research and experience and should not be regarded as professional opinion.

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Sun Oct 16, 2022 10:50 am

Hi yes my wife was the main sponsor when they granted the EUSS and pre settle status

Tiktok
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Re: Non eu parents pre settle status

Post by Tiktok » Sun Oct 16, 2022 1:48 pm

You need to apply again for ur parents they will be granted settled status straight away. U need divorce certificate and marriage certificate. Apply again using the app eu exit

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contorted_svy
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Re: Non eu parents pre settle status

Post by contorted_svy » Sun Oct 16, 2022 2:28 pm

Refer to this:

https://assets.publishing.service.gov.u ... embers.pdf


Page 200
Family member who has retained the
right of residence
An applicant can meet the eligibility requirements for indefinite leave to enter (ILE) or
indefinite leave to remain (ILR) under rule EU11 (condition 1, 2 or 3), or for limited
leave to enter (LTE) or limited leave to remain (LTR) under rule EU14 (condition 1),
as a family member who has retained the right of residence by virtue of a
relationship with a relevant EEA citizen.
An applicant can meet the eligibility requirements for ILE or ILR under rule EU12
(condition 1, 2 or 3), or for LTE or LTR under rule EU14 (condition 2), as a family
member who has retained the right of residence by virtue of a relationship with a
qualifying British citizen.
An applicant can meet the eligibility requirements for indefinite leave to enter (ILE) or
indefinite leave to remain (ILR) under rule EU11A (condition 1), or for limited leave to
enter (LTE) or limited leave to remain (LTR) under rule EU14A (the condition there),
as a family member who has retained the right of residence by virtue of a
relationship with a relevant sponsor.
This section sets out the requirements to be met and the evidence which may be
provided by the applicant, who can be a European Economic Area (EEA) citizen or a
non-EEA citizen, to satisfy you that, at the date of application, they are a family
member who has retained the right of residence by virtue of a relationship with a
relevant EEA citizen, with a qualifying British citizen or with a relevant sponsor.
You must also be satisfied that since satisfying those requirements, the ‘required
continuity of residence’ has been maintained by the applicant. This means that,
where the applicant has not completed a continuous qualifying period of 5 years (and
does not have valid evidence of their indefinite leave to enter or remain, and has not
acquired the right of permanent residence in the UK under regulation 15 of the EEA
Regulations, or the right of permanent residence in the Islands through the
application there of section 7(1) of the Immigration Act 1988 or under the
Immigration (European Economic Area) Regulations of the Isle of Man), then, since
the point at which (where they do so) they began to rely on being in the UK and
Islands as a family member who has retained the right of residence and while they
continued to do so, one of the events referred to in sub-paragraph (b)(i) or (b)(ii) in
the definition of ‘continuous qualifying period’ in Annex 1 to Appendix EU has not
occurred.

Your case is covered from page 204 onwards


The marriage or civil partnership with a relevant EEA
citizen (or qualifying British citizen or relevant sponsor)
has been terminated
Requirements
The applicant can apply as a family member who has retained the right of residence
where:
• they ceased to be a family member of a relevant EEA citizen (or of a qualifying
British citizen), or a joining family member of a relevant sponsor, on the
termination of the marriage or civil partnership of that relevant EEA citizen (or of
that qualifying British citizen or relevant sponsor), regardless of whether, after
the initiation of the proceedings for that termination, the relevant EEA citizen
ceased to be a relevant EEA citizen (or the qualifying British citizen ceased to
be a qualifying British citizen or the relevant sponsor ceased to be a relevant
sponsor)
• they were resident in the UK at the date of the termination of the marriage or
civil partnership
And one of the following applies, either:
• prior to the initiation of the proceedings for the termination of the marriage or
civil partnership, the marriage or civil partnership had lasted for at least 3 years,
and the parties to the marriage or civil partnership had been resident in the UK
for a continuous qualifying period of at least 1 year during its duration
• the applicant has custody of a child of the relevant EEA citizen (or qualifying
British citizen or relevant sponsor)
• the applicant has the right of access to a child of the relevant EEA citizen (or
qualifying British citizen or relevant sponsor), where the child is under the age
of 18 years and where a court has ordered that such access must take place in
the UK
• the applicant’s continued right of residence in the UK is warranted by
particularly difficult circumstances, such as where they or another family
member has been a victim of domestic violence or abuse whilst the marriage or
civil partnership was subsisting
Relevant evidence
In addition to evidence about the relevant EEA citizen (or qualifying British citizen or
relevant sponsor), evidence which may be relevant to the requirements above
includes:
• the court order terminating the marriage or civil partnership
• evidence that the applicant was resident in the UK at the date of the termination
Where the applicant is applying on the basis that the marriage or civil partnership of
the relevant EEA citizen (or of the qualifying British citizen or relevant sponsor)
lasted for at least 3 years before legal proceedings for its termination began, and the
parties to the marriage or civil partnership were resident in the UK for a continuous
qualifying period of at least one year during its duration, evidence which may be
relevant to those requirements also includes:
• evidence of the marriage or civil partnership of the relevant EEA citizen (or
qualifying British citizen or relevant sponsor), for example a marriage or civil
partnership certificate
• evidence that prior to the initiation of the legal proceedings for its termination,
the marriage or civil partnership had lasted for at least 3 years
• evidence that the parties to the marriage or civil partnership were resident in
the UK for a continuous qualifying period of at least one year during its duration
You also need to be satisfied that the applicant met the definition of a family member
of a relevant EEA citizen (or of a qualifying British citizen), or of a joining family
member of a relevant sponsor, for the period of residence, prior to the termination of
the marriage or civil partnership, on which they are seeking to rely (i.e. for the period
prior to them meeting the definition of a family member who has retained the right of
residence). See assessing family relationship for the relevant evidence of that.


If you read this carefully you should find what requirements you need to meet and what documents to submit after they completed 5 years of residence.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Sun Oct 16, 2022 6:14 pm

Thank you so much

input-output
Junior Member
Posts: 70
Joined: Sat Apr 09, 2022 6:43 pm
Armenia

Re: Non eu parents pre settle status

Post by input-output » Mon Oct 17, 2022 9:06 am

Ssaima2012 wrote:
Sun Oct 16, 2022 1:38 am
Hi, all your help should be much appreciated

1- I am married to an EU national hence I am no EU national
2- I was granted ILR
3-i applied for my parents' visa from Pakistan, and EUSS for six months was granted.
4-after arriving in the UK, my parents were given pre-settle status for five years.
5-my wife and I got divorced afterwards

My question is, would my parents would be able to get settled status after five years of pre settle status? Or they have to leave the UK as I divorce my wife
Hello, I hope that everything works well for your parents.

I have a quick question for you - how did you prove dependence of your parents for the pre-settled status?

Thank you for sharing

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Mon Oct 17, 2022 9:16 am

I applied before December 2020, so the financial dependency was assumed

However, after December 2020, the dependancy is not assumed and must proofs

input-output
Junior Member
Posts: 70
Joined: Sat Apr 09, 2022 6:43 pm
Armenia

Re: Non eu parents pre settle status

Post by input-output » Mon Oct 17, 2022 10:52 am

Ssaima2012 wrote:
Mon Oct 17, 2022 9:16 am
I applied before December 2020, so the financial dependency was assumed

However, after December 2020, the dependancy is not assumed and must proofs
It appears that you received EU settlement scheme family permit (for entry to the UK) before 30 june 2021, just like us.

Did you apply for pre-settlement status (from inside the UK) after 30 June 2021? If yes, did you have to prove dependency and what did you attach?

Thank you!

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Mon Oct 17, 2022 10:57 am

Yes you are right

In term of dependency evidence I had not provided any evidence and surprisingly they were granted Pre settle status .

Ssaima2012
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Posts: 115
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Re: Non eu parents pre settle status

Post by Ssaima2012 » Mon Oct 17, 2022 10:59 am

My parents were grated Pre settle status from inside the uk on the 22nd July 2022, and in this application I am sure I did not provide my eu wife details instead I have provide my settle status details with no financial dependency evidence

input-output
Junior Member
Posts: 70
Joined: Sat Apr 09, 2022 6:43 pm
Armenia

Re: Non eu parents pre settle status

Post by input-output » Mon Oct 17, 2022 11:07 am

Ssaima2012 wrote:
Mon Oct 17, 2022 10:59 am
My parents were grated Pre settle status from inside the uk on the 22nd July 2022, and in this application I am sure I did not provide my eu wife details instead I have provide my settle status details with no financial dependency evidence
Thank you! I am very pleased for your parents. In our case we were denied although we were not asked to provide dependency. i am now at cross-roads whether to re-apply or submit the Administrative Review.

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contorted_svy
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Re: Non eu parents pre settle status

Post by contorted_svy » Mon Oct 17, 2022 11:10 am

input-output wrote:
Mon Oct 17, 2022 11:07 am
Ssaima2012 wrote:
Mon Oct 17, 2022 10:59 am
My parents were grated Pre settle status from inside the uk on the 22nd July 2022, and in this application I am sure I did not provide my eu wife details instead I have provide my settle status details with no financial dependency evidence
Thank you! I am very pleased for your parents. In our case we were denied although we were not asked to provide dependency. i am now at cross-roads whether to re-apply or submit the Administrative Review.
As you were already advised in your thread, you can try apply again and prove dependency through bank statements
All advice comes from personal research and experience and should not be regarded as professional opinion.

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: Non eu parents pre settle status

Post by Tiktok » Tue Oct 18, 2022 2:31 pm

Ssaima2012 wrote:
Sun Oct 16, 2022 1:38 am
Hi, all your help should be much appreciated

1- I am married to an EU national hence I am no EU national
2- I was granted ILR
3-i applied for my parents' visa from Pakistan, and EUSS for six months was granted.
4-after arriving in the UK, my parents were given pre-settle status for five years.
5-my wife and I got divorced afterwards

My question is, would my parents would be able to get settled status after five years of pre settle status? Or they have to leave the UK as I divorce my wife






Keep us updated when you apply for your parents again under the retain rights. All the best

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Tue Oct 18, 2022 2:53 pm

I am thinking of applying for them before expired their leave as it is valid till 2026; if my wife informs the home office that we are divorced, and the home office can curtail their visa? I am so much confused as the home office guideline is not clear in this situation

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contorted_svy
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Re: Non eu parents pre settle status

Post by contorted_svy » Tue Oct 18, 2022 2:56 pm

You can't hide that you are divorced from your wife, however if you refer to the guidance I posted above it clearly states what you have to do in case of divorce and the requirements you have to fulfill.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Tue Oct 18, 2022 3:35 pm

But my parents flew to Pakistan twice and they have not encountered any issue by the immigratin authorities .

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contorted_svy
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Re: Non eu parents pre settle status

Post by contorted_svy » Tue Oct 18, 2022 3:46 pm

You having divorced won't remove status from your parents. You will have to do this to secure their ILR under EUSS.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Tue Oct 18, 2022 3:54 pm

Ok, thank you so much
If I wait till 2026 and then apply for the retained right for my parents, would that be a problem?

Or do I have to apply now, as it's been six months we are divorced

Ssaima2012
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Posts: 115
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Re: Non eu parents pre settle status

Post by Ssaima2012 » Tue Oct 18, 2022 4:02 pm

One more thing I have settle status (ILR), and my parents have the pre-settled status

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contorted_svy
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Re: Non eu parents pre settle status

Post by contorted_svy » Tue Oct 18, 2022 4:16 pm

I think they have to have lived here for 5 years to get settled status, if you applied now you wouldn't get it. You having ILR makes no difference, however if you get British citizenship before they are due to apply for settled status under EUSS they could possibly use the relationship to you. But please do your own research and don't wait until 2026 and potentially realise they won't get settled status. Could you speak to the divorce lawyer and ask them for extra advice?
All advice comes from personal research and experience and should not be regarded as professional opinion.

Ssaima2012
Member
Posts: 115
Joined: Thu Apr 16, 2020 2:18 pm

Re: Non eu parents pre settle status

Post by Ssaima2012 » Tue Oct 18, 2022 4:27 pm

Ok I will do that thank you so much

Tiktok
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Re: Non eu parents pre settle status

Post by Tiktok » Wed Oct 19, 2022 2:47 pm

Don't hide . Apply for your parents again, they will be granted settled status they don't have to wait 5 years .
Someone did it and got settled status for his parents.

They are eligible for it.
If they get stopped by any chance and questioned when they travelling u may have problem.

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