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Non Eu child with PSS switch to SS

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

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bek13
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Non Eu child with PSS switch to SS

Post by bek13 » Tue Jan 03, 2023 12:04 am

Good evening everyone and happy new year.
I am unmarried partner(with BRP since 2018 and pre settled status) of EU citizen(Irish citizen with settled status). Recently my son( stepchild of EU sponsor) joined us in UK and was granted pre settled status(december 2022). I need help with one question pls. In future will my son be eligible for settled status? He will turn 18 in March this year.My solicitor told me that my son will not be able to switch to settlement status in future because he will be over 18 years old and because I am unmarried partner. My time to be eligible for settled status after 8 months.
Thanks in advance

secret.simon
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Re: Non Eu child with PSS switch to SS

Post by secret.simon » Tue Jan 03, 2023 1:42 am

Interesting question.

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.

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CR001
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Re: Non Eu child with PSS switch to SS

Post by CR001 » Tue Jan 03, 2023 6:40 am

Lengthy topic on this from 2020 by the OP.

eea-route-applications/child-of-durable ... 06939.html
Char (CR001 not Casa)
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bek13
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Joined: Wed Mar 29, 2017 7:23 pm
Uzbekistan

Re: Non Eu child with PSS switch to SS

Post by bek13 » Tue Jan 03, 2023 10:07 am

Thanks to reply. In 2019 my solicitor she made euss application for my son which was refused. December 2019 my solicitor made another application under EU Family member. Because of Covid and closure of visa center last application was delayed while the first application was in FTT and was allowed. After long communication In July 2022 HO accepted that my son couldn't attend visa center to submit biometrics, basically HO issued "EU settlement scheme family member to join " visa because as they said EU FM route doesn't exist anymore. At the same time HO took the first application to upper tribunal. After pre settled granted, HO withdraw FTT decision from UT. At moment we have valid PSS and UT(ftt judge decision stays in power, FT tribunal decision allowed my son case.
Very long and complicated process
Thank you in advance

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