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EEA Family Permit After No-Deal Brexit

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

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fb123
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EEA Family Permit After No-Deal Brexit

Post by fb123 » Thu Aug 22, 2019 1:14 am

Will EEA Family Permit be open for extended family members of EEA Nationals who currently living in uk or this route will closed after 31 october in case of no deal brexit ?

askmeplz82
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Re: EEA Family Permit After No-Deal Brexit

Post by askmeplz82 » Thu Aug 22, 2019 3:01 am

EU family Permit EU settlement only for SPOUSE / MOTHER/ FATHER . Only EU sponsor who have pre settled / settled status in the UK can sponsor them.
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

fb123
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Re: EEA Family Permit After No-Deal Brexit

Post by fb123 » Fri Aug 23, 2019 2:48 pm

askmeplz82 wrote:
Thu Aug 22, 2019 3:01 am
EU family Permit EU settlement only for SPOUSE / MOTHER/ FATHER . Only EU sponsor who have pre settled / settled status in the UK can sponsor them.
Its mean after 31 october route for extended family members will be closed ?

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Zerubbabel
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Re: EEA Family Permit After No-Deal Brexit

Post by Zerubbabel » Fri Aug 23, 2019 8:50 pm

I don't think it will be closed but the Home Office never liked that route. Even on the glorious times of the European Union, Extended Family cards were always difficult. It anticipate that difficulty to significantly increase in the wake of the Brexit until these EEA routes are closed.

secret.simon
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Re: EEA Family Permit After No-Deal Brexit

Post by secret.simon » Sat Aug 24, 2019 12:31 am

I believe that the Extended Family Member route will shut for those EFMs who have not already issued with Residence Cards under the EEA Regulations before Brexit.

EFMs who are already in the UK prior to Brexit and who have already received Residence Cards will be able to apply for Pre-Settled/Settled Status as the case may be.
Definitions: Appendix EU of the UK Immigration Rules wrote:family member of a relevant EEA citizen
a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were:

(a) the spouse or civil partner of a relevant EEA citizen, and:
(i) the marriage was contracted or the civil partnership was formed before the specified date; or
(ii) the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application) and the partnership remained durable at the specified date; or

(b) the durable partner of a relevant EEA citizen, and:
(i) the partnership was formed and was durable before the specified date; and
(ii) the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the relevant EEA citizen); or

(c) the child or dependent parent of a relevant EEA citizen; or

(d) the child or dependent parent of the spouse or civil partner of a relevant EEA citizen, as described in sub-paragraph (a) above; or

(e) resident in the UK before the specified date as the dependent relative of a relevant EEA citizen (or of their spouse or civil partner, where the application for the relevant document referred to in the entry for ‘dependent relative’ in this table was made before 1 February 2017) and that family relationship and the person’s dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) existed before the specified date (or, as the case may be, before 1 February 2017)
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.

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Zerubbabel
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Re: EEA Family Permit After No-Deal Brexit

Post by Zerubbabel » Sat Aug 24, 2019 10:02 pm

I investigated the EFM case for days.

They will be able to switch for EEA EFM to settled/pre-settled but their circumstances will be checked again. It means the Home Office will see if they are still dependent and/or part of the house hold of the EEA national. If these conditions are no longer met, they have to find another route under which they qualify on their own merits.

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