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Applying under Settlement scheme for non-EEA dependent parent

Posted: Sat Mar 30, 2019 10:20 pm
by vpp1981
Dear all,

I have to thank you all especially moderators and senior members who have helped me with my previous queries. I personally have benefitted with your advice with my EEA2 and EEA4 applications.

Back here to clarify my understanding on new UK Settlement scheme applications for non-eea family members case worker advice(from sticky post - https://www.gov.uk/government/publicati ... r-guidance)

Situation:
I am a naturalised British Citizen through my EEA Spouse. This query is about my parents(in-laws of EEA national who has ILR and eligible for EU settlement status) who are non-eea and living outside EEA and both above 65 years in age

Question:
Has rules on applying/bringing dependent parents relaxed or improved by EU settlement scheme or are rules still the same where dependent parents of EEA national have to prove dependency(financially and emotionally). I am bit confused by the case worker guidance on this application and its eligibility. Looking for seniors and forum members interpretation of the same please..

Extract from official guidance is:
Dependent parent
The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and includes a grandparent or great-grandparent. Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the applicant is not required to provide evidence of this.

Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely either:
• a relevant document issued on the basis of the relevant family relationship
• the full birth certificate(s) or other document(s) which you are satisfied evidences that the applicant is the direct relative in the ascending line
of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner

Above looks straightforward but also has following info(caveat) included:

A family member of a relevant EEA citizen (or qualifying British citizen) is able to apply under the EU Settlement Scheme from outside the UK where they are able to provide the required proof of entitlement to apply from outside the UK
Thank you in advance

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Mon Apr 01, 2019 8:09 pm
by vpp1981
Dear members,

I would really appreciate your views and suggestions

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Wed Apr 03, 2019 8:44 pm
by vpp1981
vpp1981 wrote:
Mon Apr 01, 2019 8:09 pm
Dear members,

I would really appreciate your views and suggestions please

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Thu Apr 04, 2019 10:06 am
by Neonleon
vpp1981 wrote:
Wed Apr 03, 2019 8:44 pm
vpp1981 wrote:
Mon Apr 01, 2019 8:09 pm
Dear members,

I would really appreciate your views and suggestions please
@vpp1981. I am afraid to say I didn't understand your cited situation and therefore the question too (you did what I do i.e. Throwing too much information). Can you rephrase and explain the situation again so others can understand it. It took me to read your post at least 4 to 5 times to get some information out of it.

You are a British citizen and your parents are Non EEA nationals presently living in a Non-EEA country. You are looking to get your parents to UK on permanent basis to join you. Am I correct to interpret your situation? If so, let's move to your question.

Is your question related to exercising the free movement treaty (using Surinder Singh principle/route) to get your parents to an European member state and may be to join you in the UK🇬🇧 . Or is your question is based on a different UK law option for parents settlement. Please explain precisely what guidance you are exactly looking.

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Thu Apr 04, 2019 9:57 pm
by vpp1981
Dear neonleon,

Thank you for pointing out my mistake. Now I know why I was not getting any responses :)

You are correct that:
I am a British citizen and my parents are Non EEA nationals presently living in a Non-EEA country. I am looking to get my parents to UK on a permanent basis to join me.

I had not planned to apply it in for next few years until they can manage using visit visa. But with Brexit and transition period set to end in Dec 2020(as in current situation), I am looking at my options and right time.

I am not looking to use Surindher route. My wife is EEA national and looking to apply under EEA family member route(Parents-in-law of EEA national). My wife has already got EEA3 and will get settled status confirmed.

My understanding based on other forum members experience is that requirements for EEA family permit application by non EEA parents/parent-in-law is to prove financial dependency to EEA national and possibly more.
My question is based on new EEA pre-settlement application and case worker guidance for this application, has the rules been relaxed or still same prerequisites apply? i.e, has the application process and chance of success increased?

Extract of text I was referring to from new pre-settlement application is as below:

Dependent parent
The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and includes a grandparent or great-grandparent. Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the applicant is not required to provide evidence of this.

Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely either:
• a relevant document issued on the basis of the relevant family relationship
• the full birth certificate(s) or other document(s) which you are satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner

A family member of a relevant EEA citizen (or qualifying British citizen) is able to apply under the EU Settlement Scheme from outside the UK where they are able to provide the required proof of entitlement to apply from outside the UK

Sorry, I still managed to fill the page ;)

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Fri Apr 05, 2019 4:27 pm
by Neonleon
Okay, in that case I can't offer any help as I don't know. I keep it short, it's not mistake, it's our writing styles, some keep it precise other like me write a full essay 🙄. Good luck 🤞 and I hope some one will answer, stick to the forum.

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Fri Apr 05, 2019 5:42 pm
by spat
vpp1981 wrote:
Thu Apr 04, 2019 9:57 pm
Dear neonleon,

Thank you for pointing out my mistake. Now I know why I was not getting any responses :)

You are correct that:
I am a British citizen and my parents are Non EEA nationals presently living in a Non-EEA country. I am looking to get my parents to UK on a permanent basis to join me.

I had not planned to apply it in for next few years until they can manage using visit visa. But with Brexit and transition period set to end in Dec 2020(as in current situation), I am looking at my options and right time.

I am not looking to use Surindher route. My wife is EEA national and looking to apply under EEA family member route(Parents-in-law of EEA national). My wife has already got EEA3 and will get settled status confirmed.

My understanding based on other forum members experience is that requirements for EEA family permit application by non EEA parents/parent-in-law is to prove financial dependency to EEA national and possibly more.
My question is based on new EEA pre-settlement application and case worker guidance for this application, has the rules been relaxed or still same prerequisites apply? i.e, has the application process and chance of success increased?

Extract of text I was referring to from new pre-settlement application is as below:

Dependent parent
The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and includes a grandparent or great-grandparent. Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the applicant is not required to provide evidence of this.

Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely either:
• a relevant document issued on the basis of the relevant family relationship
• the full birth certificate(s) or other document(s) which you are satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner

A family member of a relevant EEA citizen (or qualifying British citizen) is able to apply under the EU Settlement Scheme from outside the UK where they are able to provide the required proof of entitlement to apply from outside the UK

Sorry, I still managed to fill the page ;)
What is the question ?

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Fri Apr 05, 2019 5:46 pm
by spat
vpp1981 wrote:
Thu Apr 04, 2019 9:57 pm
Dear neonleon,

Thank you for pointing out my mistake. Now I know why I was not getting any responses :)

You are correct that:
I am a British citizen and my parents are Non EEA nationals presently living in a Non-EEA country. I am looking to get my parents to UK on a permanent basis to join me.

I had not planned to apply it in for next few years until they can manage using visit visa. But with Brexit and transition period set to end in Dec 2020(as in current situation), I am looking at my options and right time.

I am not looking to use Surindher route. My wife is EEA national and looking to apply under EEA family member route(Parents-in-law of EEA national). My wife has already got EEA3 and will get settled status confirmed.

My understanding based on other forum members experience is that requirements for EEA family permit application by non EEA parents/parent-in-law is to prove financial dependency to EEA national and possibly more.
My question is based on new EEA pre-settlement application and case worker guidance for this application, has the rules been relaxed or still same prerequisites apply? i.e, has the application process and chance of success increased?

Extract of text I was referring to from new pre-settlement application is as below:

Dependent parent
The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and includes a grandparent or great-grandparent. Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the applicant is not required to provide evidence of this.

Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely either:
• a relevant document issued on the basis of the relevant family relationship
• the full birth certificate(s) or other document(s) which you are satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner

A family member of a relevant EEA citizen (or qualifying British citizen) is able to apply under the EU Settlement Scheme from outside the UK where they are able to provide the required proof of entitlement to apply from outside the UK

Sorry, I still managed to fill the page ;)
What is the question ?

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Fri Apr 05, 2019 9:30 pm
by vpp1981
Neonleon wrote:
Fri Apr 05, 2019 4:27 pm
Okay, in that case I can't offer any help as I don't know. I keep it short, it's not mistake, it's our writing styles, some keep it precise other like me write a full essay 🙄. Good luck 🤞 and I hope some one will answer, stick to the forum.
Thank you for advise neonleon

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Fri Apr 05, 2019 9:38 pm
by vpp1981
spat wrote:
Fri Apr 05, 2019 5:46 pm
vpp1981 wrote:
Thu Apr 04, 2019 9:57 pm
Dear neonleon,

Thank you for pointing out my mistake. Now I know why I was not getting any responses :)

You are correct that:
I am a British citizen and my parents are Non EEA nationals presently living in a Non-EEA country. I am looking to get my parents to UK on a permanent basis to join me.

I had not planned to apply it in for next few years until they can manage using visit visa. But with Brexit and transition period set to end in Dec 2020(as in current situation), I am looking at my options and right time.

I am not looking to use Surindher route. My wife is EEA national and looking to apply under EEA family member route(Parents-in-law of EEA national). My wife has already got EEA3 and will get settled status confirmed.

My understanding based on other forum members experience is that requirements for EEA family permit application by non EEA parents/parent-in-law is to prove financial dependency to EEA national and possibly more.
My question is based on new EEA pre-settlement application and case worker guidance for this application, has the rules been relaxed or still same prerequisites apply? i.e, has the application process and chance of success increased?

Extract of text I was referring to from new pre-settlement application is as below:

Dependent parent
The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and includes a grandparent or great-grandparent. Their dependency on the relevant EEA citizen (or qualifying British citizen) or on the spouse or civil partner is assumed and the applicant is not required to provide evidence of this.

Where the applicant does not already hold a permanent residence document, the applicant must provide evidence of the family relationship for the relevant period, namely either:
• a relevant document issued on the basis of the relevant family relationship
• the full birth certificate(s) or other document(s) which you are satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner

A family member of a relevant EEA citizen (or qualifying British citizen) is able to apply under the EU Settlement Scheme from outside the UK where they are able to provide the required proof of entitlement to apply from outside the UK

Sorry, I still managed to fill the page ;)
What is the question ?
Hi @spat

I am looking for advice on new EEA pre-settlement application process to apply for non-eea applicants living outside EEA to join us UK who are related to EU national as parents-in-law

My question is 
based on new EEA pre-settlement application and case worker guidance for this application(extract included in my first post), has the rules been relaxed or still same prerequisites apply? i.e, has the application process and chance of success increased or still the same as previous EEA family permit application?

Is it me getting confused by this new application process and terminologoes :(

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Fri Apr 05, 2019 9:52 pm
by spat
No change in process or policy

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Sat Apr 06, 2019 5:41 pm
by vpp1981
spat wrote:
Fri Apr 05, 2019 9:52 pm
No change in process or policy
Thank you spat

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Wed Apr 24, 2019 9:58 pm
by vpp1981
spat wrote:
Fri Apr 05, 2019 9:52 pm
No change in process or policy
Hi @spat,

I am following other threads and the new application scheme for close family members which is a new channel and different o EEA FP for non-EEA nationals applying outside UK.

https://www.gov.uk/family-permit/eu-set ... ily-permit

My parents quality under EUSS FP and dont have to apply under EEA FP. Hence my confusion and original question related to any relaxation in eligibility to apply under this visa route(especially showing financial dependency).

Only following documentations are mentioned as required:
You must provide:

a valid passport
evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate or birth certificate
proof of your dependency if you’re a dependent child or grandchild of your EEA family member and you’re over 21
your EEA family member’s EU Settlement Scheme application number

For EEA FP, the documentation differs and especially the following point:
proof of your dependency if you’re dependent on your EEA family member

Your views please

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Mon Jun 24, 2019 2:41 pm
by sundee
Hi vpp1981,

Did you manage to find out any answers for your query? I am in a similar situation now and would appreciate if you'd share your experiences with me.

Thanks

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Mon Jun 24, 2019 9:10 pm
by vpp1981
sundee wrote:
Mon Jun 24, 2019 2:41 pm
Hi vpp1981,

Did you manage to find out any answers for your query? I am in a similar situation now and would appreciate if you'd share your experiences with me.

Thanks
Hi sundee,

I am just gathering information at this time and not planning to apply this year. I am following other topics like the one below. Please post back is you apply before me. Thanks

eea-route-applications/eu-settlement-sc ... 82198.html

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Tue Jun 25, 2019 10:29 am
by sundee
Hi vpp1981,

Thanks for the link. I called a solicitor yesterday only for him to tell me that, 'assumed' dependency is not true and where did I even hear about this. But then again, I suspect that he wasn't up-to-date with these matters as the government guidance does mention this. Shame especially considering the amount of money they charge us. I will let you know how this goes.

Thanks

Re: Applying under Settlement scheme for non-EEA dependent parent

Posted: Tue Jun 25, 2019 10:41 am
by vpp1981
sundee wrote:
Tue Jun 25, 2019 10:29 am
Hi vpp1981,

Thanks for the link. I called a solicitor yesterday only for him to tell me that, 'assumed' dependency is not true and where did I even hear about this. But then again, I suspect that he wasn't up-to-date with these matters as the government guidance does mention this. Shame especially considering the amount of money they charge us. I will let you know how this goes.

Thanks
Hi sundee

There are couple of successful outcomes posted in this forum already on this new scheme. With solicitors you might find mixed success. This is where I have found this forum really useful.

All the very best with your application and maybe create a new topic with exact queries which moderators and experts could respond back.

Will keep my eyes open as well.

Cheers.