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Switching from EU exit app to lounes application

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Shdee
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Joined: Thu Jul 15, 2021 7:59 pm

Switching from EU exit app to lounes application

Post by Shdee » Thu Jul 15, 2021 8:09 pm

Hi everyone, I've been contacted by case worker today, advising that my route of application for EU parents via the EU exit app in March 2021is not valid as I am dual EU/British citizen (naturalised) even though I previously confirmed this route with the EUSS Resolution helpline and with the Citizen Advise Bureau. I am now advised to submit a new application for EUSS family permit from outside the UK, followed by lounes paper application when my parents arrive in the UK. Will dependency still be assumed in my new family permit application given that it is past the deadline of 30th June even though my original application was done before that? All I can think of now is to write a cover letter to plead for dependency to be assumed on the basis of original application to accompany my family permit application and hope this can be treated as reasonable grounds for late application. Is there anything else I can do? I am losing hope.

Obie
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Location: UK/Ireland
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Re: Switching from EU exit app to lounes application

Post by Obie » Thu Jul 15, 2021 9:15 pm

Why outside the UK? That is unacceptable and unlawful.
Presumed dependency no longer exist, unless a person applied before 30-06-2021 or holds EEA settlement permit.
Smooth seas do not make skilful sailors

Shdee
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Posts: 3
Joined: Thu Jul 15, 2021 7:59 pm

Re: Switching from EU exit app to lounes application

Post by Shdee » Thu Jul 15, 2021 9:31 pm

Parents are currently still outside UK. It's feels unfair given that I made multiple attempts to try to confirm the route of application and the fact that case worker only came back with feedback after 3.5 months of waiting and after the 30th June deadline. It is equally difficult to get on the helpline for advice.

Obie
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Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Switching from EU exit app to lounes application

Post by Obie » Thu Jul 15, 2021 9:33 pm

How did you apply for leave to remain when they were outside the UK? You should have applied for EU settlement scheme family permit before the door closed. Good to seek legal advise sometime.
Smooth seas do not make skilful sailors

Shdee
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Posts: 3
Joined: Thu Jul 15, 2021 7:59 pm

Re: Switching from EU exit app to lounes application

Post by Shdee » Thu Jul 15, 2021 9:46 pm

There is valid route to apply via the app from outside the UK as the EU family member of EU person residing in UK before 31st Dec 2020. The fact that I naturalised as British citizen made this route invalid and to only be told after the deadline. Through no fault of my own, had home office adhered to the published 5 days turn around time for feedback, I would have applied prior to deadline.

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