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EEA spouse dependent parents on pre settled status at pension age

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

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muhammadriaz5
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Posts: 3
Joined: Thu Jul 11, 2019 2:41 pm
United Kingdom

EEA spouse dependent parents on pre settled status at pension age

Post by muhammadriaz5 » Thu Jul 11, 2019 3:06 pm

Hi All,
Need some advice Please
Any guidance would be appreciated.
1)- can a EEA national's spouse dependent parents holding a EEA residence card/Pre-settled status can apply for settled status when reached the pension age(65)?
They had their pre settled status in 2018.
They will be reaching at pension age in 2020.
They will be eligible for settled status on 2023 straightaway but my friend told me that there 5 years condition on pre-settled status will not apply when a person reached at pension age, depending on the health condition, and they can apply for settled status in 2020, when the get 65 years old.
Can anyone advise if its true?

secret.simon
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Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA spouse dependent parents on pre settled status at pension age

Post by secret.simon » Thu Jul 11, 2019 3:20 pm

To the best of my knowledge, that only applies to EEA citizens who have ceased activity. It does not apply to family members of EEA citizens who have ceased activity.
Appendix EU of the UK Immigration Rules wrote:Immigration Rule EU11(4).
(a) The applicant is a relevant EEA citizen who is a person who has ceased activity; and
(b) Since they did so, no supervening event has occurred
The UK-resident family members of the EEA citizen ceasing activity can also apply for DCPR/PR Card at the same time.

But, in this case, as your parents are not EEA citizens themselves, they will need to reside in the UK for the full five years as family members of the EEA citizen before applying for ILR under the EU Settlement Scheme.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

muhammadriaz5
Newly Registered
Posts: 3
Joined: Thu Jul 11, 2019 2:41 pm
United Kingdom

Re: EEA spouse dependent parents on pre settled status at pension age

Post by muhammadriaz5 » Thu Jul 11, 2019 5:08 pm

Hi Simon,
Thanks for your reply.
I had a same doubt as well as it is not very much clear on website for early settled status.
Also can you please advise on one more thing.
Me and my wife had pre-settled status as a dependent parent of EEA national's spouse.
I also have 1 daughter who is 14 years old and living in non-eea country (biological daughter).
I applied for eea family permit for her but UKVI refused her application by saying that extended family member of non-ee national cannot be considered as extended family member.
Is there anyway to apply for her visa either on me and my wife basis or my son and his EU national wife basis?

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA spouse dependent parents on pre settled status at pension age

Post by secret.simon » Thu Jul 11, 2019 5:33 pm

Your daughter can apply, provided she can prove that she is financially dependent on your EEA citizen daughter-in-law (her siser-in-law).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

muhammadriaz5
Newly Registered
Posts: 3
Joined: Thu Jul 11, 2019 2:41 pm
United Kingdom

Re: EEA spouse dependent parents on pre settled status at pension age

Post by muhammadriaz5 » Thu Jul 11, 2019 8:30 pm

My daughter is also dependent on my daughter in law and son.
I have provided the dependency documents as well, but the caseworker refused the application and said that,
"only the relative of EEA national are considered as an Extended family member.
Your daughter is not the relitive of EEA national so she is not an extended family member".
As per my knowledge my daughter is also a sister in law to EEA national but I don't know why they have not considered it.

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