EU Settlement Scheme (settled and pre-settled status)

I am EEA national with settled status. My wife and her 2 children who are family members of EEA national applied under EU Settlement Scheme. As a result children received settled status and my five been granted pre-settled status for 5 years. My wife and her kids moved into UK in 2018, just wondering why kids received settled status and my wife only pre-settled? Children's applications were linked to her.
Also would EU Settlement Scheme will still be running in 5 year time so people can update their statuses?

Art84 wrote: ↑

Mon Jan 27, 2020 2:33 pm

Also would EU Settlement Scheme will still be running in 5 year time so people can update their statuses?

Quite possibly, as the EU settlement scheme is under UK law, not EU law.

The children got it because one EEA citizen parent has Settled Status (See EU11(7) of Appendix EU of the UK Immigration Rules).

Your wife does not meet the requirements for Settled Status until she has resided in the UK for five years.

secret.simon wrote: ↑

Mon Jan 27, 2020 4:07 pm

Art84 wrote: ↑

Mon Jan 27, 2020 2:33 pm

Also would EU Settlement Scheme will still be running in 5 year time so people can update their statuses?

Quite possibly, as the EU settlement scheme is under UK law, not EU law.

The children got it because one EEA citizen parent has Settled Status (See EU11(7) of Appendix EU of the UK Immigration Rules).

Your wife does not meet the requirements for Settled Status until she has resided in the UK for five years.

I am not their biological parent and have no parental responsibility, so they are not classed as my children and they have applied under my wife's application so technically they should have been given pre-settled status..?

Art84 wrote: ↑

Mon Jan 27, 2020 4:19 pm

I am not their biological parent and have no parental responsibility, so they are not classed as my children and they have applied under my wife's application so technically they should have been given pre-settled status..?

The freedom of movement directive makes no distinction between children and stepchildren for so long as the marriage lasts. Accordingly, this rule makes no distinction.