Immigrationboards.com

Hi there,
I am looking for some advice/experience on bringing non-eu parents to the UK.

I am the non-EU husband of a EU citizen both with Settled Status - ILR.

I read Here that it is possible to bring dependent family members but that the 'family permit' is ending from June 2021.

Do you know if this is still a valid route? Can you point me in the direction of the requirements to show that my parents are dependent? Can they apply from outside of UK?

"If they're a family member of your husband, wife or civil partner, they also need to show proof of this relationship - for example your marriage certificate."

Many thanks.

Magus1984 wrote: ↑

Mon Feb 08, 2021 11:22 am

I am the non-EU husband of a EU citizen both with Settled Status - ILR.

When did you get married? If before December 31st 2020, then yes, you can bring your parents under the EU Settlement Scheme route, otherwise, no.

I read Here that it is possible to bring dependent family members but that the 'family permit' is ending from June 2021.

Yes, this needs to be done before 30th June 2021.

Do you know if this is still a valid route?

As long as you got married before Dec 31st 2020, yes.

Can you point me in the direction of the requirements to show that my parents are dependent?

Under the EU Settlement Scheme, dependency of parents is assumed so you do not need to prove it. You need to tick a checkbox to state they are indeed dependent, that's all.

Can they apply from outside of UK?

Yes, if eligible, they could apply for a EUSS Family Permit.

"If they're a family member of your husband, wife or civil partner, they also need to show proof of this relationship - for example your marriage certificate."

The above is proof of relationship not dependency, and yes, obviously you need to submit this.

kamoe wrote: ↑

Mon Feb 08, 2021 11:33 am

When did you get married? If before December 31st 2020, then yes, you can bring your parents under the EU Settlement Scheme route, otherwise, no.

I am actually not married yet. I got my SS as unmarried partner. We were supposed to get married last year but because of Covid had to postpone to this year.

Would this route only be viable if I have a marriage certificate?

Thanks for your prompt response.

Magus1984 wrote: ↑

Mon Feb 08, 2021 12:15 pm

kamoe wrote: ↑

Mon Feb 08, 2021 11:33 am

When did you get married? If before December 31st 2020, then yes, you can bring your parents under the EU Settlement Scheme route, otherwise, no.

I am actually not married yet. I got my SS as unmarried partner. We were supposed to get married last year but because of Covid had to postpone to this year.

Then this route is closed for your parents.

Would this route only be viable if I have a marriage certificate?

Yes, unmarried partners are not a recognized family relationship for the purposes of parents in law.

Yes, this route is closed and even if you marry in the future, it won't change anything.

Zerubbabel wrote: ↑

Mon Feb 08, 2021 12:47 pm

Yes, this route is closed and even if you marry in the future, it won't change anything.

Thanks. This seems very unfair. Even if we get married now and I can provide evidence of cohabiting with my unmarried partner for last 10 years. I guess I can try applying as it's free but no guarantee it will succeed as marriage will take place after 31 Dec 2020.

Bear in mind that if you apply and it is refused, it could impact their eligibility in the future to apply for a visitor visa.

Magus1984 wrote: ↑

Mon Feb 08, 2021 1:14 pm

This seems very unfair.

I hear you there. Same thing with establishing whether one is to pay Home fees or International fees at university. No matter how long you have cohabited if you still have no ILR or Settled Status, if unmarried it's International, if married it's Home. Such is life.

I guess I can try applying as it's free but no guarantee it will succeed as marriage will take place after 31 Dec 2020.

The problem is, as per written rules, unmarried partners are NOT on the list of acceptable family relationships, so the likelihood of refusal is high; appeal success low.

And if they get refused, then they will be pretty much on a black list and any future visit visa will be very hard to get (since it's a fact they attempted an immigration route first, so they will presumably try to immigrate, not just visit)! Be careful (@CR001 just beat me to it).

kamoe wrote: ↑

Mon Feb 08, 2021 1:20 pm

I hear you there. Same thing with establishing whether one is to pay Home fees or International fees at university. No matter how long you have cohabited if you still have no ILR or Settled Status, if unmarried it's International, if married it's Home. Such is life.

It is my understanding that EU citizens with limited leave to remain via the EU settlement scheme (i.e pre-settled status) are still eligible for home fees and support from the Student Loans Company.

https://assets.publishing.service.gov.u ... c_year.pdf

JohndoesUK wrote: ↑

Mon Feb 08, 2021 1:36 pm

kamoe wrote: ↑

Mon Feb 08, 2021 1:20 pm

I hear you there. Same thing with establishing whether one is to pay Home fees or International fees at university. No matter how long you have cohabited if you still have no ILR or Settled Status, if unmarried it's International, if married it's Home. Such is life.

It is my understanding that EU citizens with limited leave to remain via the EU settlement scheme (i.e pre-settled status) are still eligible for home fees and support from the Student Loans Company.

https://assets.publishing.service.gov.u ... c_year.pdf

Thanks, but we are talking about non-EU citizens here.

Please note the above was mainly a comment to support the rationale for understanding there is indeed a big legal difference between married and unmarried couples. All other comments pertaining to student matters are irrelevant for the OP, if you wish to discuss further please open a separate post in the Tier 4 section.

kamoe wrote: ↑

Mon Feb 08, 2021 1:52 pm

JohndoesUK wrote: ↑

Mon Feb 08, 2021 1:36 pm

kamoe wrote: ↑

Mon Feb 08, 2021 1:20 pm

I hear you there. Same thing with establishing whether one is to pay Home fees or International fees at university. No matter how long you have cohabited if you still have no ILR or Settled Status, if unmarried it's International, if married it's Home. Such is life.

It is my understanding that EU citizens with limited leave to remain via the EU settlement scheme (i.e pre-settled status) are still eligible for home fees and support from the Student Loans Company.

https://assets.publishing.service.gov.u ... c_year.pdf

Thanks, but we are talking about non-EU citizens here.

Please note the above was mainly a comment to support the rationale for understanding there is indeed a big legal difference between married and unmarried couples. All other comments pertaining to student matters are irrelevant for the OP, if you wish to discuss further please open a separate post in the Tier 4 section.

HI, im in the same situation, but we are married couple, im a non eea national with biometric permanent residence card and my wife Eu national with blue paper permanent residence card, and i want to apply for my father who is non eea national, do i need to get a EUSS Card first to apply for him?
how strait forward is it to apply for him and what are the chances he will get the visa?
do i need to apply under EEA family permit or EUSS family permit?
what are the documents i need to prove relation?
do i need to prove financial dependency as well?
thanks

juttdon wrote: ↑

Wed Feb 10, 2021 1:21 pm

HI, im in the same situation, but we are married couple, im a non eea national with biometric permanent residence card and my wife Eu national with blue paper permanent residence card, and i want to apply for my father who is non eea national, do i need to get a EUSS Card first to apply for him?

Do you realise EEA documents (plastic EEA card, and blue cardboard card) will not be valid after June 30th 2021? You both need to apply to the Settlement Scheme, even if you did not intend to bring your parents.

how strait forward is it to apply for him and what are the chances he will get the visa?
do i need to apply under EEA family permit or EUSS family permit?
what are the documents i need to prove relation?
do i need to prove financial dependency as well?
thanks

Every single one of your questions has already been addressed in the first answer to this thread.

kamoe wrote: ↑

Mon Feb 08, 2021 1:20 pm

I hear you there. Same thing with establishing whether one is to pay Home fees or International fees at university. No matter how long you have cohabited if you still have no ILR or Settled Status, if unmarried it's International, if married it's Home. Such is life.

I believe that some EEA countries will not allow non-EEA/CH unmarried partners under Free Movement. The UK has been very generous to these unmarried non-EEA/CH partners, but it seems not as generous perhaps as some people hoped for.

kamoe wrote: ↑

Wed Feb 10, 2021 2:43 pm

juttdon wrote: ↑

Wed Feb 10, 2021 1:21 pm

HI, im in the same situation, but we are married couple, im a non eea national with biometric permanent residence card and my wife Eu national with blue paper permanent residence card, and i want to apply for my father who is non eea national, do i need to get a EUSS Card first to apply for him?

Do you realise EEA documents (plastic EEA card, and blue cardboard card) will not be valid after June 30th 2021? You both need to apply to the Settlement Scheme, even if you did not intend to bring your parents.

Thanks for your reply
yes we both have already got indefinite leave to remain under EUSS scheme but it is in digital form and we both didnt got any new cards just an email from HO which is saying we are granted indefinite leave to ramain under EU settlement scheme and if we need to prove our status to employer to get a job or rent a house there is an online link,

But im worried as you stated above my permanent residence card will be invalid after 30/june/21, so how will i board the plane after 30,June to get back into the UK from other countries will this digital proof will be enough to get onto a plane or shall We apply for EUSS biometric card for the peace mind?
thanks

juttdon wrote: ↑

Wed Feb 10, 2021 4:13 pm

Thanks for your reply
yes we both have already got indefinite leave to remain under EUSS scheme but it is in digital form and we both didnt got any new cards just an email from HO which is saying we are granted indefinite leave to ramain under EU settlement scheme and if we need to prove our status to employer to get a job or rent a house there is an online link,

But im worried as you stated above my permanent residence card will be invalid after 30/june/21, so how will i board the plane after 30,June to get back into the UK from other countries will this digital proof will be enough to get onto a plane or shall We apply for EUSS biometric card for the peace mind?
thanks

Also see this Announcement.

juttdon wrote: ↑

Wed Feb 10, 2021 4:13 pm

But im worried as you stated above my permanent residence card will be invalid after 30/june/21, so how will i board the plane after 30,June to get back into the UK from other countries will this digital proof will be enough to get onto a plane or shall We apply for EUSS biometric card for the peace mind?
thanks

Digital status will not be enough to board a plane. You need to apply to convert your old EEA card into a EUSS card.

Link to apply here.
Link to thread where people discuss the application process and timelines here.