Non EU child of a non EU family member

[imbik]

Is there any way to apply for EUSS for a non EU child of a non EU family member? Basically, non EU child living in home country but her non EU father (has pre-settled status) wants to bring her to the UK. Thanks.

[kamoe]

• Non EU citizens cannot sponsor family members under the EU Settlement Scheme. Only EU citizens can.

• The EU settlement Scheme no longer allows for extended family members (unless they were granted a EEA Family Permit before December 31st 2020). Eligible family members are spouse/civil partner/unmarried partner, direct descendants (child, grandchild, great-grandchild), or direct dependent ascendants (parent, grandparent, great grand parent), of the EU citizen, or their spouse or civil partner.

So, the big question is, on what basis does the father have pre-settled status? If it's because they are the spouse or civil partner of a EU citizen, then the child qualifies as descendant of spouse or partner of a EU citizen. If the father has pre-settled status on the basis of any other family relationship (i.e. extended family member) as a legacy of the old EEA route, then I'm afraid that route is closed to the child.

[imbik]

Hi kamoe, thanks for clarifying this for me, greatly appreciated. Yes non EU father is spouse of EU citizen and has been here in the UK since 2019 (and has pre-settled status). What they want to do is basically to try to bring non EU child to the UK as she wants to live with father not with birth mother anymore. By the way mother has already agreed and given consent with legal documents.

In fact, I did a research about descendant of spouse of a EU citizen but couldn't find any clear/understandable information. Is there any official document or guidance you remember on gov.uk that explains how to apply? and if the father needs to prove more like; child's dependence and/or father's finance.
Thanks.

[kamoe]

In fact, I did a research about descendant of spouse of a EU citizen but couldn't find any clear/understandable information.

It's right there on the eligibility of family members section: https://www.gov.uk/settled-status-eu-ci ... ily-member

You can also apply if you’re related to someone from the EU, Switzerland, Norway, Iceland or Liechtenstein - or you’re related to their spouse or civil partner - if you’re their:

child, grandchild or great-grandchild under 21 years old
dependent child, grandchild or great-grandchild over the age of 21

In other words if the child is under 21 they are eligible whatever the circumstances, if over 21 they are eligible only if dependent.

Is there any official document or guidance you remember on gov.uk that explains how to apply?

The step-by step official guideline is this page: https://www.gov.uk/settled-status-eu-ci ... 2774a8dfb8

and if the father needs to prove more like; child's dependence and/or father's finance.

How old is the child?

[imbik]

Thank you very much. By the way, she is 16 this year. I just looked over the link you shared, and it also says;

"When you can apply from outside the UK
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you can apply from outside the UK if you hold either a valid passport or national identity card with a biometric chip.

If you’re from somewhere else, you can apply to the EU Settlement Scheme from outside the UK if you have a UK-issued biometric residence card (if it has not expired).

Otherwise, you will need to apply for an EU Settlement Scheme family permit to come to the UK. Once you’re in the UK you can apply to the EU Settlement Scheme."

So the third condition applies to her situation (EU settlement scheme family permit) as there is no EEA family permit since 30th of June 2021.Alright, I will find a pdf version of it and read the details not to miss anything.

Thanks for your valuable support

[Angie17]

Hi,
Im in the same situation with my sister, she is 17.
Could you tell if you sorted out and how did you do it?
What documents does it require?
Thank you

[imbik]

Hi,
Im in the same situation with my sister, she is 17.
Could you tell if you sorted out and how did you do it?
What documents does it require?
Thank you

Hi, sorry for late reply. They haven't applied yet as the circumstances back in Turkey keep changing for the child. I just talked to the father and urged him to apply asap. If the application is successful, I will share the details here