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Hello everyone

Am really desperate for some advice.I have been in the UK since February 2012.I made a couple of applications to HO on the basis of living with my then Dutch boyfriend which were all rejected.I had a son with my then Dutch boyfriend who is now 5yrs old and lives with me.I got separated from the Dutch boyfriend and he moved back to Neitherland.I later put it an asylum claim in 2016 which was rejected and I put in a fresh claim last year and still waiting till now.

Fast forward to few months back,my son just got his Dutch passport through his father who came to UK and applied for that.Am now in a position where I have been advised I can apply for the EU Scheme on the basis of my relationship with my son since he is now Dutch and has and is still living with me.It should be noted I have no current visa or stay right now.I do have proof of continuous residence by way of bank statements.
I was just wondering if I will be considered for presettled/settled status given the fact I have no current stay?
I am seriously thinking of switching from my assylum(because it's been long,I have been in and out of courts and it's taking all energy in me) to the settlement scheme .

Have anyone been in this situation before?
Or any advice?I will be grateful.

That's a messy immigration history indeed.

- What does your child do? Is he at school at the moment?

- Does your child have an EEA card (5 years, PR... anything)?

- What were the reasons that caused the refusal of your EEA application when you were with the Dutch national?

Yes my child is at school.
He doesn't have a PR .he just got his Dutch nationality and has just applied to the EU settlement scheme.i applied on his behalf and we have received a COA.we are still waiting for decision.Its been two weeks now.

Hi I'm in a similar Boat as you, I have a child with An Austrian national who's just received his PR. I don't have any leave, currently awaiting my asylum claim decision which it time draining. My daughter is 6 years currently in year 2, she doesn't have a Austrian passport yet but we where able to apply for her through the EU scheme by calling them and providing a paper application which her biometric has been done 2 weeks ago just waiting for a decision so I can apply to the scheme aswell. When we called them they said my daughters is entitled to Permanent residence since her father got his within 24hrs.

Stace18 wrote: ↑

Sat Oct 12, 2019 8:53 pm

Yes my child is at school.
He doesn't have a PR .he just got his Dutch nationality and has just applied to the EU settlement scheme.i applied on his behalf and we have received a COA.we are still waiting for decision.Its been two weeks now.

Do you have a valid passport at the moment? Are you in position to renew your passport?

I am asking because you cannot apply for any immigration route if you don't have a valid passport.

Yes I do have a valid passport .

@Novamum
Why did it have to be paper application? Thought she would have been qualified for online applications.Did she have a residence card.Or what id document did you use for your daughter.

Pls don't mind me asking as I am trying to get as much info as possible.
Pls be giving updates as your application is going on.As we both have similar cases.

@Stacie 18 she Has no ID, so The home office allowed her to make a paper application linking her application to her father who was granted Settled status. The application was straight forward Just praying they grant her soon. Have you sent in your son's application ? Yes let's keep updating each other all the best.

We received a letter from home office confirming her nationality which is why we weren't able to do the online application. They believe she might be British her father came in 2008 January 8th and she was born in 2013 January the 13th, her Father never applied for PR although he had qualified for the 5 years, Which is why we never applied for British passport as we weren't sure if we qualified.

@Stace18 Have you linked your son's application to his father's status or was your son able to apply in his own right?

No I did not link to his father's application.his father is back in Holland and working there.so my son applied in his own right.

It's been two weeks since we received COA and we still waiting for a decision.I called the resolution centre to check if I was eligible.they said I would be able to do a paper application.

@Stace 18, Have you heard from H.O? I went to sign in today in Liverpool as usual every 6 months was told I don't need to sign anymore. Im yet to receive the EU settlement application and now just hoping I don't get 2.5 years with my asylum pending application. Almost 3 weeks for my daughters settlement application nothing yet. Hope u ok, and Good news shall be your portion.

Ohhh really?what do you think is the reason they told you,you don't need to sign anymore?must be something positive then.Or maybe you won your asylum case.
I received the paper application yesterday.I have not had a decision yet on my son's euss.still waiting.

Pls let me know why they stopped you from signing.I do sign once a year.my last signing was last month.

I just received a call from HO today.informing that my son will be given presettled instead of settled which I wanted.Reason being that he has not held the Dutch nationality for upto five years.
So they wanted my approval before proceeding to grant him presettled .
Am still gud with that though.hoping to submit my paper app next week.
@Novamum pls am still waiting to read from you at my above enquiry.Am praying for us.it shall be well.

@stace Congratulations atleast you can now apply to sort yours out. I called my lawyer if his received anything from H.O as I was told I don't need to sign anymore he said this coming week should get the grant papers i think they approved my asylum case. I still haven't heard regarding my daughters EU settlement application. I will keep you informed when I get the results. I'm so happy for you everything is sorted since your son is sorted.

Stace18 wrote: ↑

Fri Oct 18, 2019 5:27 pm

I just received a call from HO today.informing that my son will be given presettled instead of settled which I wanted.Reason being that he has not held the Dutch nationality for upto five years.
So they wanted my approval before proceeding to grant him presettled .
Am still gud with that though.hoping to submit my paper app next week.
@Novamum pls am still waiting to read from you at my above enquiry.Am praying for us.it shall be well.

I don't think you can apply pre settled under Eu settlement .. You may have to apply under EU Law first and then when you have EU residence card then you can apply under EU settlement

Source : Home Office website
https://www.gov.uk/guidance/eu-settleme ... eu-citizen

The above statement is wrong. The OP is not an Extended family member and therefore she may apply for pre-settled status as a person with Derivative right of Residence as a Chen carer immediately, irrespective of whether she has held a comprehensive sickness insurance, provided all the other requirements of Regulations 16 are met.

Hello all,
I received certificate of application today