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Future of EEA family permit holder

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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euspouse07
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Future of EEA family permit holder

Post by euspouse07 » Fri Jul 02, 2021 10:21 am

Dear Forum members
I am starting this thread to share/acquire information about the EEA family permit(direct/extended) who are left in limbo after the deadline to enter the united kingdom before or on 30th June 2021.
As most of us know, notice about the deadline to enter came on 26/05/2021.
There are hundreds of people who could not make the journey due to various reasons, travel restriction, lack of availability of flights, sickness and most importantly deliberate delay of the processing of the application of UKVI and further delays of returning passports by the VFS.
I wonder what would be the future of those applicants.
Thanks

kamoe
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Joined: Mon Sep 07, 2015 10:57 am

Re: Future of EEA family permit holder

Post by kamoe » Fri Jul 02, 2021 12:26 pm

euspouse07 wrote:
Fri Jul 02, 2021 10:21 am
I am starting this thread to share/acquire information about the EEA family permit(direct/extended) who are left in limbo after the deadline to enter the united kingdom before or on 30th June 2021.
As I understand it, only extended family members who did not arrive in the UK before December 31st 2020 are in limbo (but read below).
Direct family members are fine, whatever date they arrive.
As most of us know, notice about the deadline to enter came on 26/05/2021.
What do you mean?
There are hundreds of people who could not make the journey due to various reasons, travel restriction, lack of availability of flights, sickness and most importantly deliberate delay of the processing of the application of UKVI and further delays of returning passports by the VFS.
I wonder what would be the future of those applicants.
I think those who applied for a EEA FP before December 31st 2020 (regardless of date of issue of FP, and probably regardless of date of entry) will have their rights protected, as Obi explains here.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

euspouse07
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Posts: 213
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Re: Future of EEA family permit holder

Post by euspouse07 » Fri Jul 02, 2021 5:51 pm

kamoe wrote:
Fri Jul 02, 2021 12:26 pm
euspouse07 wrote:
Fri Jul 02, 2021 10:21 am
I am starting this thread to share/acquire information about the EEA family permit(direct/extended) who are left in limbo after the deadline to enter the united kingdom before or on 30th June 2021.
As I understand it, only extended family members who did not arrive in the UK before December 31st 2020 are in limbo (but read below).
Direct family members are fine, whatever date they arrive.
As most of us know, notice about the deadline to enter came on 26/05/2021.
What do you mean?
There are hundreds of people who could not make the journey due to various reasons, travel restriction, lack of availability of flights, sickness and most importantly deliberate delay of the processing of the application of UKVI and further delays of returning passports by the VFS.
I wonder what would be the future of those applicants.
I think those who applied for a EEA FP before December 31st 2020 (regardless of date of issue of FP, and probably regardless of date of entry) will have their rights protected, as Obi explains here.
You are right, it is still ambiguous about the status of extended family member .
As we all know that HO didn't entertain any application in respect of extended family member after the 30 December 2020.
EFM applications were entertained if the appeal was allowed .
I have 2 questions related to this.
1) family of four (2 adults, 2 kids) ; timeline is below;
January 2020-----intial application was submitted
January 2020------applications refused
February 2020———appeal was submitted
April 2021——————appeal was heard
April 2021——————-appeal was allowed
24/05/2021——————email from HO instructing to submit the passport at VFS where the Initial Initial applications were submitted

26/05/2021———————passports submitted
25/06/2021————————3 passports returned with viggente affixed valid till 30/06/2021
30/06/2021———————. 3 of them entered the UK
30/06/2021————————-1 application was submitted for EUSS
01/07/2021—————————remaining 2 applications were submitted too

What would be the outcome of EUSS APPLICATIONS?
What would happens to the adult who couldn’t make to the UK BEFORE 30 june 2021?
It has been confirmed by the Ukvi paid phone service on 29/06/2021 that decision has been made but still the passport is sitting with them!!!!
Please share your thoughts

kamoe
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Re: Future of EEA family permit holder

Post by kamoe » Fri Jul 02, 2021 7:17 pm

euspouse07 wrote:
Fri Jul 02, 2021 5:51 pm
As most of us know, notice about the deadline to enter came on 26/05/2021.
For the second time, can you please explain what you mean here?

The deadlines where announced well in advance, well before the end of the transition period of December 31st 2020. I do not believe anything has ever been announced backdating any important action to be taken by applicants, like moving date to the UK. Can you please clarify you get the date of 26/05/2021?
You are right, it is still ambiguous about the status of extended family member .
Do not generalise.

It is ambiguous in the case of people who applied for EEA-issued documentation before December 31st 2020, but who did not come into the UK before that date. In this case, there is a provision in the withdrawal agreement to guarantee their residence in the UK but there is contradictory information as to how they can qualify.

It is not ambiguous for people who did not apply for EEA documentation before December 31st 2020, and who did not reside in the UK before that date. These people do not meet the requirements, and unfortunately are not covered the withdrawal agreement.
I have 2 questions related to this.
1) family of four (2 adults, 2 kids) ;
On what basis are they applying? Who is the EU national? Are they all EU on are they non-EU? Please specify, this is key information.
25/06/2021————————3 passports returned with viggente affixed valid till 30/06/2021
30/06/2021———————. 3 of them entered the UK
Who entered the UK? One adult and two kids?
30/06/2021————————-1 application was submitted for EUSS
01/07/2021—————————remaining 2 applications were submitted too
What do you mean "remaining 2 applications?" Did you not say 3 of them were already sorted and with vignettes? This would mean only 1 applciation is remaining. Please clarify what you mean.
What would be the outcome of EUSS APPLICATIONS?
Can't answer until you clarify all the above,
What would happens to the adult who couldn’t make to the UK BEFORE 30 june 2021?
Again, depends on what basis are they applying. Are they EU?, non-EU, and what's the relationship with the sponsor? Who is the sponsor?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Re: Future of EEA family permit holder

Post by kamoe » Fri Jul 02, 2021 7:51 pm

I am just re-reading this, and I think I get a grasp of what you mean: A non-EU family of 4, all applying as Extended Family Members of a EU citizen, and who applied for a EEA FP in 2021.

If that's the case, then 'm afraid the outcome isn't bright.
euspouse07 wrote:
Fri Jul 02, 2021 5:51 pm
1) family of four (2 adults, 2 kids) ; timeline is below;
January 2020-----intial application was submitted
January 2020------applications refused
February 2020———appeal was submitted
April 2021——————appeal was heard
April 2021——————-appeal was allowed
24/05/2021——————email from HO instructing to submit the passport at VFS where the Initial Initial applications were submitted

26/05/2021———————passports submitted
25/06/2021————————3 passports returned with viggente affixed valid till 30/06/2021
30/06/2021———————. 3 of them entered the UK
30/06/2021————————-1 application was submitted for EUSS
01/07/2021—————————remaining 2 applications were submitted too

What would be the outcome of EUSS APPLICATIONS?
Well... since they did not apply before 31st December 2020, they are not covered by the Withdrawal agreement, and therefore the Home Office is in no obligation to grant them residence.

As per eligibility rules, EFM who applied and moved to the UK in 2021 are not eligible for the EUSS.

So the answer to your question is that their EUSS application will be likely denied, purely based on the fact that they do not meet the basic residence requirements. But I am happy to be corrected if someone else has a different view.
What would happens to the adult who couldn’t make to the UK BEFORE 30 june 2021?
Having not made it into the UK before June 30th is NOT the problem. That has never been a deadline for EFM.
The problem is that none of them applied for their EEA FP before December 31st.

So, what will happen to him/her is the same that will happen to the other three: They are not eligible to apply to the EUSS.

Again, happy to be corrected.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Petranile
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Re: Future of EEA family permit holder

Post by Petranile » Fri Jul 02, 2021 8:31 pm

From the information provided, they all applied before the 31st of December 2021 as it is stated that their application was made January 2020 and that they appealed the decision which was granted.

In this case, they are cover under the withdrawal agreement as their EEA permit was granted basis on their initial application dated January 2020.

euspouse07
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Re: Future of EEA family permit holder

Post by euspouse07 » Fri Jul 02, 2021 9:17 pm

Petranile wrote:
Fri Jul 02, 2021 8:31 pm
From the information provided, they all applied before the 31st of December 2021 as it is stated that their application was made January 2020 and that they appealed the decision which was granted.

In this case, they are cover under the withdrawal agreement as their EEA permit was granted basis on their initial application dated January 2020.
Yes, it was the outcome of applications submitted in January 2020 which were instilled refused , therefore appeal was submitted and appeal was allowed in April 2021 and HO advised to submit the passports on 24 may 2021.
Passports were submitted on 26 may and three of them returned at the last week of June 2021!!
One of them is still sitting with them !!
As you mentioned that they are covered under the provisions of withdrawal agreement , should They need to enclose the “determination “ issued by the tribunal to support their claim that applications were before 30 December 2020?

kamoe
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Re: Future of EEA family permit holder

Post by kamoe » Fri Jul 02, 2021 10:16 pm

euspouse07 wrote:
Fri Jul 02, 2021 9:17 pm
Petranile wrote:
Fri Jul 02, 2021 8:31 pm
From the information provided, they all applied before the 31st of December 2021 as it is stated that their application was made January 2020 and that they appealed the decision which was granted.

In this case, they are cover under the withdrawal agreement as their EEA permit was granted basis on their initial application dated January 2020.
Yes, it was the outcome of applications submitted in January 2020 which were instilled refused , therefore appeal was submitted and appeal was allowed in April 2021 and HO advised to submit the passports on 24 may 2021.
Oh I seeeeeeeeeeeeee... :shock:

Sorry, easy to swap 2020 for 2021. So they all did apply for the EEA FP in 2020, and their appeal was heard more than a year later, in 2021! Completely missed that, I thought it had all happened in 2021.

Well, in that case, answer to your questions is that the UK government has to grant them residence under the withdrawal agreement, since they all applied for EEA documentation before December 31st 2020, as dependent or members of the household of a EU citizen living in the UK.

As per Withdrawal agreement, page 23:
Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of
Directive 2004/38/EC who have applied for facilitation of entry and residence before the end of the
transition period, and whose residence is being facilitated by the host State in accordance with its
national legislation thereafter.
How the granting of that right of residence will happen, I am not sure. It might be that the three people who have applied for the EUSS will get Pre-Settled Status, or it might be that they are denied on the basis of being EFM, in which case, they should appeal any refusal decision referencing the terms of the withdrawal agreement.

How this will play out for the adult who still hasn't a EEA FP? I do not know either. EEA FPs are now defunct so I am not sure what they can do in this case. They might issue them a EUSS FP instead??? In case of a refusal, again, the provision of the withdrawal agreement will be their legal backup.
should They need to enclose the “determination “ issued by the tribunal to support their claim that applications were before 30 December 2020?
Anything that makes clear they all applied for their EEA FP before the end of the transition period, December 31st 2020.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

euspouse07
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Posts: 213
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Re: Future of EEA family permit holder

Post by euspouse07 » Sat Jul 03, 2021 1:09 pm

Thanks, kamoe and Patrnaile

Much appreciated.
I have gone through the links forwarded and found them to be within the line of our understanding.
I tried to open up another link mentioned by a fellow forum member (WOCHEE_) about the changes in the immigration rules that were available free and but written in legal language( I know it is a legal document)
There is another link mentioned by (I am putting below) but was paid .I wonder if someone has it, if yes, please share

For more explanation, google (FreeMovement Changes to EU Settlement Scheme affect deadlines and family reunion), and then enter that URL at Archive [dot] org for the full version of the article from November 5.

I believe it would shed more light on the issue we are discussing
thanks

euspouse07
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Re: Future of EEA family permit holder

Post by euspouse07 » Tue Jul 13, 2021 12:34 pm

Dear Forum member

As suggested, an escalation was requested in respect of the return of the remaining passport and the given time frame has lapsed. I wonder what else can be done to expedite the return of the passport.
Thanks

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