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Hi,

My wife is Spanish and she got her British citizenship recently, she has been in the UK since 2012 and we got married in 2015.

We have a son who was born in the UK in 2016, he has Spanish citizenship and has Indefinite Leave in the UK under Appendix EU to Immigration Rules, not yet a British citizen.

I am Syrian and I have applied recently for British citizenship, I am waiting for the decision from the Home Office.

My question is: can my parents apply for the EU settlement scheme to join my son or my wife? Which route is better for my case? Although there is no proof of dependency I still see that they meet the eligibility to join my son as he is under 21.

I see that the deadline to apply is tomorrow 30th of June, is that for the EU settlement scheme or EEA Family permit

Your help is greatly appreciated.

Many thanks,

MWS wrote: ↑

Tue Jun 29, 2021 2:32 pm

My question is: can my parents apply for the EU settlement scheme to join my son or my wife?

They can apply to join your wife, but very likely not your son, because:

They do not need to proof financial dependency if the sponsor is an adult.
They need to proof financial dependency if the sponsor is a child.

I still see that they meet the eligibility to join my son as he is under 21.

No, they do not, as explained above. You have it the other way around: A child sponsor comes with the need to prove dependency. So if the sponsor is the child, if they are not dependent on the child, they are not eligible.

https://assets.publishing.service.gov.u ... gov-uk.pdf (see page 107)

the applicant must be dependent on:
• the relevant EEA citizen or the qualifying British citizen (or on their spouse or civil partner) at the date of application (or, where the date of application is after the specified date, at the specified date) and:
o where the relevant EEA citizen (or qualifying British citizen) is over the age of 18 at the date of application (or, where the date of application is after the specified date, at the specified date), the applicant’s dependency on the relevant EEA citizen (or qualifying British citizen), or on the spouse or civil partner, is assumed, and the applicant is not required to provide evidence of this

o where the relevant EEA citizen (or qualifying British citizen) is under the age of 18 at the date of application (or, where the date of application is after the specified date, at the specified date), evidence of the applicant’s dependency on the relevant EEA citizen (or qualifying British citizen), or on the spouse or civil partner, must be provided

Regarding your last question:

I see that the deadline to apply is tomorrow 30th of June, is that for the EU settlement scheme or EEA Family permit

June 30th 2021 is the deadline to apply for the EU Settlement Scheme if you want to be exempt of the proof of dependency from an adult sponsor (your wife). They could still apply for the EU Settlement Scheme after that day, but providing proof of dependency from an adult sponsor (your wife).

June 30th 2021 is also the deadline to apply for EEA Family Permit, but this route is useless since the permit won't be valid after that same day. That is... Unless they pickup the permit and immediately go to the airport and board a plane that lands on or before tomorrow midnight...