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Hi Guys,

I have been following this group and I need some help, pls if someone who has experienced in the process, if they can pls guide me.

I am here in UK, I am non EU citizen and my wife is a EU national. We both have pre settled status in the UK. I would like to bring my parents( Non EU citizen) here in UK through EU settlement scheme family permit and then apply for thier pre settled status. I have two questions

Q1) When they apply for EU settlement scheme family permit, will it be me ( Non eu citizen ) or my wife ( EU citizen) as a sponsor?

Q2) Do we need to prove their dependency?

Q3) When we applied for pre settled status for them, again who will be the sponsor. Me or my wife ?

Many Thanks
Kan

Only an EU citizen can sponsor them.

Hello

As matter of absolute rule, only EEA passports holders may sponsor a family member under EEA routes. A non-EEA national, even holding an EEA residence card, cannot exercise Treaty Rights or get rights associated with it.

So your EEA wife has to be the sponsor.

If they are dependent, submit the proof of dependency in the application. If they are not dependent, there is nothing to show so you submit the application without (some would tell you "the dependency is assumed").

The application may or may not work. Some people seemed to have managed to bring in-laws after a single application while other go from refusal to refusal. Your mileage vary.

However, if the application fails, they will be never get a visitor visa for the UK in the future.

Dependency is never assumed, exactly the opposite in fact. You have to prove they are dependent on the EU sponsor. Which you won't, because they aren't.

Granista wrote: ↑

Tue Jun 30, 2020 10:48 am

Dependency is never assumed, exactly the opposite in fact. You have to prove they are dependent on the EU sponsor. Which you won't, because they aren't.

Not true. In EU Settlement Scheme guidence it clearly states that dependency is assumed if the EU sponsor is over 18. I have also confirmed this with lawyers. However, if you have proof there is no harm in including it.

That is 100% incorrect. The majority of "dependent" parent cases are refused, and the reason is lack of proof of dependency. These are refusals that have been confirmed in various courts in EU.

Granista wrote: ↑

Thu Jul 02, 2020 12:00 pm

That is 100% incorrect. The majority of "dependent" parent cases are refused, and the reason is lack of proof of dependency. These are refusals that have been confirmed in various courts in EU.

Hi @Granista

Hope you are not mixing up EEA Family permit applications with European Settlement Scheme applications.
Dependency for close family members is assumed with settlement scheme whereas it is not with EEA family permit. I believe european Settlement scheme visa is UK's own visa category that can't be taken to european courts.
Can you point us to refusals you were referring as it will help to clarify.

Guys I have heard so many argument for and against in laws dependency on the sponsor. Can someone please confirm, if dependency for in laws is required or not under eu settlement scheme.

Thanks!

@Granista

Wake up and update your self.
You are totally wrong.
Answer it with legitimate proof not like those who just want to say something
pessimistic against everyone.
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You seems like another new user who normally let down others.

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Dependency is assumed under EU Settlement Scheme.

If there is a dependency, it doesn't cause any harm to include the documents showing that dependency. It can only strengthen the case.

If the dependency doesn't exist, but the relative is close family member, the Scheme often works without showing that dependency.

When that scheme started, it was a bit unknown and people had to discover its limits by trial and errors.

But now, it can be said that this scheme goes well beyond the Statment of Intent published by Sajid Javid:

https://www.gov.uk/government/publicati ... -of-intent

1.2. Safeguarding the rights of EU citizens and their family members living in the UK and ensuring reciprocal protections for UK nationals living in the EU was our first priority for the negotiations with the EU 1. We therefore welcome the fact that we have reached agreement with the EU on citizens’ rights and this has been formalised in the draft text of the Withdrawal Agreement, published on 19 March 20182.

1.3. We know that certainty and security of status are important. So we want to make it as easy as possible for EU citizens and their family members in the UK to secure their rights under the Withdrawal Agreement though a simple, online process.

I was sceptical about it when it started. As an observer of the UK immigration policies and their evolution, I wasn't expecting a scheme that lowers entry criteria to that point. Usually, with time to see harder entry conditions not easier. But with time, it's clear that the EU Settlement Scheme is an immigration route on its own (rather their being some sort of conversion scheme from EEA Regulations to UK law) and anyone who has any type of relationship to an EEA national or, alternatively, to anyone married to an EEA national may qualify.

If you search in the forum, there is a non-EEA gentleman married to an EEA lady and he applied for 7 of his relatives and received 7 residences for them.

That gentleman is "ME"

I am not married to EU LADY. (Just to make it clear as you haven't read my full immigration history, it is already in the forum too)

Infact my dad is EU CITIZEN who sponsored me initially on 2011. Then my wife in 2014 then my mum n my brothers, my niece, my sis in law.

This all happened because of my dad who is EU citizen holding settled status.

Hi. I have a question. If one is successful in applying the EUSS family permit , is there a deadline one need to enter the UK? I know you can stay in the UK for 6 months but have not managed to find info about that.

Back in 2011 when I applied EEA FP for my wife I remember we had to travel to UK within some weeks of the permit being granted.

Thanks and it’s good to be back again after 9 years!

The permit is valid for 6 months and is is multi entry. so they can enter/travel to UK anytime in that 6 months

Thanks for your reply.

I applied on 6th August and still no reply. EU SS Family Permit for non-EEA parents in law. It says UKVI aims to reply all settlement visas within 12 weeks?

As I understand they need to enter UK before 31/12/2020. My question is what will happen if I don’t get a reply before then? I believe I’ve provided all requested documents, just thinking about a worst case scenario if we need to re apply with additional documents or appeal a decision. Thanks for your help!

It should say EU Settlement Scheme Family Permit...

31st Dec deadline is for EU nationals to enter UK and not for non-EU close family members of EU national. There is no deadline for them actually as long as their relationship with EU national has existed on or before 31st Dec 2020

I see that now indeed - thanks a lot - that means there is no rush to get a decision or even apply then. I guess there is some risk the UK government may change the scheme at short notice though? I guess is preferable to get the permit and have them enter before 31/12/2020.

Kanuppal wrote: ↑

Thu Jun 18, 2020 6:39 am

Hi Guys,

I have been following this group and I need some help, pls if someone who has experienced in the process, if they can pls guide me.

I am here in UK, I am non EU citizen and my wife is a EU national. We both have pre settled status in the UK. I would like to bring my parents( Non EU citizen) here in UK through EU settlement scheme family permit and then apply for thier pre settled status. I have two questions

Q1) When they apply for EU settlement scheme family permit, will it be me ( Non eu citizen ) or my wife ( EU citizen) as a sponsor?

Q2) Do we need to prove their dependency?

Q3) When we applied for pre settled status for them, again who will be the sponsor. Me or my wife ?

Many Thanks
Kan

Hello Kan have you managed to apply and get EUSSFP for your nonEU parent ?
mine EU FP was refused as i didn't supply dependency

iskandarpedash wrote: ↑

Tue Sep 08, 2020 1:14 pm

Kanuppal wrote: ↑

Thu Jun 18, 2020 6:39 am

Hi Guys,

I have been following this group and I need some help, pls if someone who has experienced in the process, if they can pls guide me.

I am here in UK, I am non EU citizen and my wife is a EU national. We both have pre settled status in the UK. I would like to bring my parents( Non EU citizen) here in UK through EU settlement scheme family permit and then apply for thier pre settled status. I have two questions

Q1) When they apply for EU settlement scheme family permit, will it be me ( Non eu citizen ) or my wife ( EU citizen) as a sponsor?

Q2) Do we need to prove their dependency?

Q3) When we applied for pre settled status for them, again who will be the sponsor. Me or my wife ?

Many Thanks
Kan

Hello Kan have you managed to apply and get EUSSFP for your nonEU parent ?
mine EU FP was refused as i didn't supply dependency

Hi Iskandarpedash! Could you please confirm that what regulations have they referred to in the rejection letter as thier guidance says that evidence of dependency is not required if the EEA national is over 18?