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Hi There,

I'm asking this query behalf of my family friend who cannot speak/write good English. ( sorry)

Status:

He is an Italian national. Came to Uk last week, applying for his pre settled status soon. also looking for a job.

Queries:
1- He wants to know if he can bring his wife and children ( 16 yr and 22 yr old ) to UK who are Pakistani national however have permanent residency in Italy. They are in Italy now.

2- I assume his wife has to apply for a family permit to come to UK but not sure if it will be EU settlement scheme or EEA permit. is that correct?

3- They are ready to travel but don't have a visa to UK. so can the apply got this permit now and come before Dec 31st 2020 or does it not make a difference.

Can one of you advice please seniors

Thanks very much!

Hello

Yes, he can, but it's a bad idea. If someone is in Italy with a permanent residence there, it's better to keep going and apply for Italian citizenship rather than starting a new immigration route in a soon non-EU country. So the idea in itself is not brilliant.

If he comes here to the UK and starts settling, he can apply for himself under the EU Settlement Scheme. It's an automatic yes for all EU nationals. He can then bring his wife and 16-year old child until June-2021. You guessed it, they need a family permit under the EU Settlement Scheme.

His 22 year old, is an adult and won't qualify under any family reunification scheme.

Thank you for your reply and advise. I will pass it on to my friend.

so I gather the following needs to be done. Is that correct?

so my friend who is already in UK needs to apply for his pre settled EU status in UK ( approx 10 days to get it)

once he gets his pre settled EU status in UK , his wife and under 18 child needs to apply for a family permit from Italy. ( i assume it will take approx 4-6 weeks ). But do they have to apply for it before 31st Dec 2020?

Finally, is there any route for their 21 year old son to come to UK?

Thanks again for your help !

Zerubbabel wrote: ↑

Thu Nov 26, 2020 2:11 pm

His 22 year old, is an adult and won't qualify under any family reunification scheme.

Yes they can. They need to demonstrate they are dependant on the EU citizen, though. As per caseworker guidance, page 60:

Child aged 21 or over
Where they are aged 21 or over, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and this includes a grandchild or great-grandchild, and (unless the applicant was previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child under the age of 21) the applicant must be dependent on the relevant EEA citizen (or qualifying British citizen) or on that spouse or civil partner.

‘Dependent’ means that, as demonstrated by relevant financial, medical or other
documentary evidence:
• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner
• such support is, or was, being provided to the applicant by the relevant EEA citizen (or qualifying British citizen) or by the spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support

ITGraduate wrote: ↑

Thu Nov 26, 2020 2:41 pm

But do they have to apply for it before 31st Dec 2020?

As long as the EU national has started residing in the UK before December 31st 2020, they have until June 30th 2021 to apply.

[quote=kamoe post_id=1964860 time=1606409584 user_id=131453]
[quote=Zerubbabel post_id=1964781 time=1606399895 user_id=198158]
His 22 year old, is an adult and won't qualify under any family reunification scheme.
[/quote]
Yes they can. They need to demonstrate they are dependant on the EU citizen, though. As per [url="https://assets.publishing.service.gov.u ... idance.pdf"]caseworker guidance[/url], page 60:

[quote][b]Child aged 21 or over[/b]
Where they are aged 21 or over, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen) or of their spouse or civil partner, and this includes a grandchild or great-grandchild, and (unless the applicant was previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child under the age of 21) the applicant must be dependent on the relevant EEA citizen (or qualifying British citizen) or on that spouse or civil partner.

‘Dependent’ means that, as demonstrated by relevant financial, medical or other
documentary evidence:
• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen) or of the spouse or civil partner
• such support is, or was, being provided to the applicant by the relevant EEA citizen (or qualifying British citizen) or by the spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support[/quote]
[/quote]

Respected Guru Kamoe,

Many Thanks- that's a relief to know children aged 21 and over can still apply for family permit until 30th June 2021 as long as my friend can provide evidence of his children being dependent on him. Also my friend came to UK last week.

Thanks again!