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EU route still open?

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ms1993
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United Kingdom

EU route still open?

Post by ms1993 » Fri Dec 01, 2023 7:49 pm

Hello

can someone tell me if the EU route to re settle is still open? We have a friend living in Ireland with an Irish passport who’s been advised they are able to migrate to the UK and then call their non EU family member over. I thought this has now finished with Brexit and the deadline passing?

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alterhase58
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Re: EU route still open?

Post by alterhase58 » Fri Dec 01, 2023 8:10 pm

Friend would have to apply for EU Settled Status (scheme under UK immigration) first to be able to sponsor family. Doesn’t work with just CTA, i.e. Irish citizens have free movement UK<>IE, but not automatic rights under EUSS.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Re: EU route still open?

Post by secret.simon » Fri Dec 01, 2023 9:23 pm

Was your Irish citizen friend
(a) resident in the UK
(b) before 31st December 2020
(c) as an Irish citizen?

If the answer to all three questions above is yes, then he can sponsor his immediate family under the EUSS.

If the answer to any of them is no, he can't sponsor his family under the EUSS.

He himself can move to the UK at any time, as an Irish citizen.

If he can't sponsor his family under the EUSS as above, he can still sponsor them meeting the same requirements as any other British citizen (MIR of £18600 per annum-more if dependents, English language tests, etc).
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.

ms1993
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Joined: Sun Mar 17, 2019 2:09 pm
United Kingdom

Re: EU route still open?

Post by ms1993 » Fri Dec 01, 2023 10:11 pm

Thank you, this was a very clear response.

My friend is not in the UK and certainly not before Dec2020.

AmazonianX
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Re: EU route still open?

Post by AmazonianX » Sat Dec 02, 2023 12:27 am

ms1993 wrote:
Fri Dec 01, 2023 10:11 pm
Thank you, this was a very clear response.

My friend is not in the UK and certainly not before Dec2020.
Means it is the spouse visa route is the option that is open to your friend.

lolo2
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Re: EU route still open?

Post by lolo2 » Sun Dec 03, 2023 1:57 pm

It's unclear if the non-EU family member referred here is a spouse and/or children or parents/other family member of the EU citizen. The former would be able to apply as dependents of the main applicant but the latter will have it way more complicated, under the current circumstances.

EU citizens with pre-settle or settle status are still able to bring non-EU parents and other family members, if the conditions are met. Something that for someone without a EUSS status - such as ILR or naturalized British citizen - is almost impossible to do.

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