I am a Spanish national with Settled Status in the UK. Both of my parents arrived in the UK before Brexit and currently hold Pre-Settled Status. I am working full-time, and both of my parents are receiving Universal Credit.
I have a daughter who is 17 years old. She came to the UK in 2022 on her Spanish passport and applied twice for Pre-Settled Status, but both applications were refused because she was not in the UK before the eligibility deadline. She will soon turn 18, and we need to resolve her immigration status.
My questions are:
Since she is currently an overstayer, if she returns to Spain, can she apply for Pre-Settled Status from there as a family member of her mother, who holds Pre-Settled Status and is also a Spanish national?
Alternatively, can she apply for leave to remain in the UK under Appendix FM as a dependent child, or due to her age, would she only qualify under the Private Life route?
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