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Hi I have a question on behalf of my brother who is Spanish. He came in UK 4 months before with his son age 24 years. They applied under EU settlement scheme and my brother got pre settled status but home office refused his son but didn't mention the reason. I guess because of he is not anymore dependent but in Spain he got resident status at that time he was under 21 years old and he has not Spanish nationality. Anyone have any idea what should they do further. Is there any way to apply for pre settled status. Thanks

They always provide a refusal letter indicating clearly why the decision was taken.

You need to get that letter to understand the rational of the decision.

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

but in Spain he got resident status at that time he was under 21 years old

That is irrelevant. The Home office will look at the requirements when he applies in the UK, not in Spain.

secret.simon wrote: ↑

Thu Jun 04, 2020 8:38 pm

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

but in Spain he got resident status at that time he was under 21 years old

That is irrelevant. The Home office will look at the requirements when he applies in the UK, not in Spain.

That's important. There is no continuation of rights between Spain and the UK. If you are in a viable immigration path in Spain, stay in Spain. In the UK, you have to qualify again. The Home Office doesn't care whether you are coming from Spain or Mongolia. It's really a new application in the UK and if you don't qualify, they refuse you.

Zerubbabel wrote: ↑

Thu Jun 04, 2020 8:56 pm

secret.simon wrote: ↑

Thu Jun 04, 2020 8:38 pm

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

but in Spain he got resident status at that time he was under 21 years old

That is irrelevant. The Home office will look at the requirements when he applies in the UK, not in Spain.

That's important. There is no continuation of rights between Spain and the UK. If you are in a viable immigration path in Spain, stay in Spain. In the UK, you have to qualify again. The Home Office doesn't care whether you are coming from Spain or Mongolia. It's really a new application in the UK and if you don't qualify, they refuse you.

I have noticed Zerubbabel most of the time become aggressive and start taunting instead of advice. In this case I have one advice for Zerubbabel don't give the opinion or advice if you are not in good mod because no one will tolerate your this attitude.
I have simple question and wasn't say why? Just asked if EU dependent over 21 years old allowed to enter under article 10 then have he rights to apply for pre settled status under EU settlement scheme.
Zerubbabel don't be harsh and please don't mind on my suggestion. Anyway thanks for your taunting words"
Home Office doesn't care whether you are coming from Spain or Mongolia"

secret.simon wrote: ↑

Thu Jun 04, 2020 8:38 pm

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

but in Spain he got resident status at that time he was under 21 years old

That is irrelevant. The Home office will look at the requirements when he applies in the UK, not in Spain.

secret.simon thanks for reply though not related

Leo,

Zerubbabel is right, and his advice is not IMHO taunting. It is straightforward and tells it how it is.

Home Office doesn't care whether you are coming from Spain or Mongolia

I am sorry if you felt offended by this statement. I am from a culture where we talk a lot by images and this may transpire in my communication.

What was my message really? I have seen many people believing that despite they are non-EEA but because they live in an EEA country, it's easier for them to migrate to another EEA country.

Example: someone from Pakistan lives in Germany and has a residence there. He wants to migrate to Italy in order to live and work there. Often, he would believe that Italy would see him as coming from Germany and makes his migration easier. That's not true. They see the passport and regardless if the person is coming directly from Pakistan, for Germany, Australia (or Mongolia ), the equation would be the same.

There are exceptions such as people falling under Surinder Singh but these cases aren't the norm.

If you are in a viable immigration path in Spain, stay in Spain.

Immigration is difficult these days and I anticipate more difficulties in the future. That's why, I always discourage people from leaving a viable immigration path somewhere in order to try in the UK or another place.

I was talking the other day with a lady (non-EEA) with a permanent residence in Italy. She got that residence after 10 years+ of struggle then she wanted to come to live in the UK. The UK doesn't care that she has a permanent residency in Italy. She would have to start from scratch. Then, if anything goes wrong and the Home Office pulls a trick, she is back to square 0, means she is back to her passport country.

The same message as before, just expressed in more words.

Sorry again for the offence but you know, a mistake along the immigration path can have a life changing consequences. So sometimes it's better to carry strongly the point than try to reassure or tell people what they would be please to hear.

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

Hi I have a question on behalf of my brother who is Spanish. He came in UK 4 months before with his son age 24 years. They applied under EU settlement scheme and my brother got pre settled status but home office refused his son but didn't mention the reason. I guess because of he is not anymore dependent but in Spain he got resident status at that time he was under 21 years old and he has not Spanish nationality. Anyone have any idea what should they do further. Is there any way to apply for pre settled status. Thanks

Answer to this in my opinion is the question, how did his son entered in the kingdom? Does he have family permit or visitor visa?

docado wrote: ↑

Mon Jun 08, 2020 7:25 pm

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

Hi I have a question on behalf of my brother who is Spanish. He came in UK 4 months before with his son age 24 years. They applied under EU settlement scheme and my brother got pre settled status but home office refused his son but didn't mention the reason. I guess because of he is not anymore dependent but in Spain he got resident status at that time he was under 21 years old and he has not Spanish nationality. Anyone have any idea what should they do further. Is there any way to apply for pre settled status. Thanks

Answer to this in my opinion is the question, how did his son entered in the kingdom? Does he have family permit or visitor visa?

5 years card EU family member

Leo_one wrote: ↑

Mon Jun 08, 2020 10:42 pm

docado wrote: ↑

Mon Jun 08, 2020 7:25 pm

Leo_one wrote: ↑

Wed Jun 03, 2020 10:41 pm

Hi I have a question on behalf of my brother who is Spanish. He came in UK 4 months before with his son age 24 years. They applied under EU settlement scheme and my brother got pre settled status but home office refused his son but didn't mention the reason. I guess because of he is not anymore dependent but in Spain he got resident status at that time he was under 21 years old and he has not Spanish nationality. Anyone have any idea what should they do further. Is there any way to apply for pre settled status. Thanks

Answer to this in my opinion is the question, how did his son entered in the kingdom? Does he have family permit or visitor visa?

5 years card EU family member

He shouldn't apply in EU settlement, First he needs to apply to change his Residence card as per EU rules, I think thats the way forward ..