Immigrationboards.com

I want to ask that I am living in Spain with my spouse. We both are on permanent residence of Spain holding Non-Eu Passports. My child Who is 8 years old has Spanish nationality. We have never been to the UK but want to apply under European settlement scheme. Can I apply for my child from Spain under European Settlement scheme for presettled status? Do we need to apply European family permit or are eligible to apply under European settlement scheme family permit on the basis of our European child’s application? Please let me know as soon as possible?

Sorry I am new to the forum and did not know how to create own post.

Rukh786 wrote: ↑

Sat Oct 17, 2020 12:08 pm

Can I apply for my child from Spain under European Settlement scheme for presettled status? Do we need to apply European family permit or are eligible to apply under European settlement scheme family permit on the basis of our European child’s application?

No to all. To be able to apply, your child needs to be resident in the UK. Since you have never been in the UK, this is clearly not the case.
Note that we have established that residence does not merely mean a short period of presence in the UK, but rather it implies a genuine experience of life in the country. In the case of children, this usually means school attendance in the UK.

We want to travel to the UK with our EU child. Should we apply EU permit if not under EU settlement scheme?
A solicitor said that our child can apply under Eu settlement scheme from outside the UK and our application for EU settlement permit will be linked with her application. Is this an incorrect advice? Kindly help me so that we make correct application. I will really appreciate help from moderators.

Rukh786 wrote: ↑

Mon Oct 19, 2020 12:16 pm

We want to travel to the UK with our EU child. Should we apply EU permit if not under EU settlement scheme?

I am really sorry, I do not want to be rude, but you have already been given a clear answer to this. What part of "To be able to apply, your child needs to be resident in the UK" is not clear to you?

This is spelled out in the EU Settlement Scheme caseworker guidance, page 13, the definition of a relevant EEA citizen is (e.g. a EEA citizen eligible to apply):

under sub-paragraph (a), an EEA citizen (in accordance with sub-paragraph (a)
of the definition in Annex 1 to Appendix EU) resident in the UK and Islands for a
continuous qualifying period which began before the specified date

Regarding your other questions:

A solicitor said that our child can apply under Eu settlement scheme from outside the UK

Anyone can lodge an application from outside the UK using the app, but on what basis would your child be granted status if she's not a resident in the UK? Ability to apply does not mean success, and if you cannot prove she is already a resident in the UK, the application will be refused.

I believe there is a big misunderstanding, from your side and also from the side of your solicitor, about what the EU Settlement Scheme is there for. The EU settlement Scheme is NOT a route for future immigration plans; it is a route to validate a residence that has already started. Please see the post I linked to in my previous answer where we discuss what makes a EU citizen eligible for the Settlement Scheme; and how the residence requirement implies a substantial life experience in the UK. There is a reason I linked to that, please read it.

and our application for EU settlement permit will be linked with her application.

It's the other way around. Children applications are linked to their parents', because it is expected that children follow their parents' immigration patterns, not the other way around.

The only case I am aware of in which an adult application would be linked to a child's would be for the case of non-EU carers of children who are in education in the UK, and again, this requires the child to be already enrolled in education in the UK.

Is this an incorrect advice?

As far as I can tell, yes, it is incorrect.

Kindly help me so that we make correct application.

I honestly do not see how you are eligible for the Settlement Scheme.

Hello

I understand your situation but it's always hard to build a case like this: look, this EEA toddler wants badly to emigrate to the UK and, as parents, we have no option than follow her path there.


The EEA citizen has to come to the UK during the transition period then apply under the EU Settlement Scheme. For people who just landed, the application takes longer as it often needs manual confirmation. For people already in the UK and paying taxes, fast and most of the process is automated.

If you apply from abroad using the app, you may even get and automatic email confirming application but at one point, the caseworker will contact you asking for details and this is where you will be ineligible.

Thank you for all of yours response to help me. Can we then apply for normal EU permit on the basis of our EU child. We are self sufficient and have health insurance cover as well. We really want our child to study in the UK but child cannot travel alone being very young. We as a parent has to make some application to be able to travel with child. Kindly advise.

Rukh786 wrote: ↑

Mon Oct 19, 2020 4:13 pm

Can we then apply for normal EU permit on the basis of our EU child. We are self sufficient and have health insurance cover as well.

If by "normal EU permit" you mean the old EEA route, answer is also 'No'.

Same logic goes. Your child needs to be in the UK exercising treaty rights (enrolled in education) for you to be able to apply.

But most importantly, parents of EEA nationals under this route need to prove dependency on their child. Unless your child is the financially-independent person in the picture, responsible for your family's self-sufficiency, I do not see your case being eligible.

We really want our child to study in the UK but child cannot travel alone being very young. We as a parent has to make some application to be able to travel with child. Kindly advise.

Being non-EU, if you want to come to the UK with your child, you need to go through one of the adult non-EU routes, available to all other nationalities; and qualify on your own, not on the basis of your child.

If you have family in the UK, you can send the child to study in the UK. As an EU national, that's easy for the child to get registered under the EU Settlement Scheme then in a school.

But this won't help you too much for your own immigration.

The "Self Sufficient" concept does exist at the moment but only EEA nationals.

Please advise if I fall under the following:

You can apply for an EEA family permit to come to the UK if both the following apply:

you’re from outside the EEA
you’re a ‘close’ or ‘extended’ family member of an EEA or Swiss national (excluding UK nationals)
The EEA citizen you’re joining must either:

be in the UK already
be travelling with you to the UK within 6 months of the date of your application

Do close family member not include my child? Please advise!
I don’t have any family in the UK who I can send my child to.

Rukh786 wrote: ↑

Mon Oct 19, 2020 5:55 pm

Do close family member not include my child? Please advise!

No, as you are not dependent on her. Source: https://www.gov.uk/family-permit/eea-family-permit

Qualifying as a ‘close’ family member
You must be the EEA citizen’s spouse or civil partner, or related to them (or to their spouse or civil partner) as their:

• child or grandchild under 21 years old, or dependent child or grandchild of any age

• dependent parent or grandparent

Also, from the wording of your question, seems like you are reading the requirements the other way around. The list of eligible family members describes the list of people who qualify to join the main EEA applicant.

In your family's case, the main EEA applicant is your child, not you. So the question is not if the list includes your child, the question is if the list includes you. You are the parent, but you are not a dependent parent; therefore the list does not include you.