Child of a non-eea father with pre-settled status

[Boula16]

Hi,

My son's father has a pre settled status because he is a dependent of his dad who is a EU national. Can i apply for my son's pre settled status under the EU settlement scheme with his father's details.

[secret.simon]

You may be better off applying for pre-settled status using the details of the EEA citizen grandfather of your child, as direct descendants (which should cover grandchildren) do not need to prove dependency.

[Boula16]

You may be better off applying for pre-settled status using the details of the EEA citizen grandfather of your child, as direct descendants (which should cover grandchildren) do not need to prove dependency.

Thanks for the reply.

My partner only gave me his details and doesn't want to give his father's details.

[CR001]

Only an EU citizen can sponsor a non EU citizen.

If the child's father is a non EU citizen, he cannot sponsor your son until he has PR or settled status and would have to use the UK immigration rules visa route.

[Obie]

If the son's application is linked to the father, they will be able to ascertain that the child is the grandson of the original sponsor and hence qualify.

Home Office may have difficulties saying otherwise.

[Boula16]

Thank you all for the replies. I'll be trying to link my son's application to my partner's status to see if it would e a success

[Zerubbabel]

I am really interested by the outcome of this case. If it works, it means that any non-EU citizen sponsored by an EU citizen can be seen as an EU citizen by proxy for the purpose of immigration and would acquire the right to invoke EU laws or the Withdrawal dispositions to further sponsor dependants.

It looks like a bridge too far to be honest.

[Obie]

There is no bridge too far. The legal requirements is the same.

If the father has obtained residence through the child's grandfather, then the relationship line has been established.

The question here is not who the sponsor is, but demonstrating a connection with an EEA national with right to reside in the UK.

I see no circumstances in which UKVI can say, on balance of probability that the child's grandfather is not an EEA national or related to the child as claimed.

If those 2 facts are proven, then there is no reason why it is a bridge too far.

[Zerubbabel]

I see your point, but I consider this from a different angle.

Being dependent or even married to an EEA national doesn't open any right on itself. The entire case must be built on the claim from the EEA national that he or she cannot exercise Treaty Right if the non-EEA national dependent is not allowed to stay in Britain.

That claim is brought forward by sponsoring the application and providing EEA ID documents and details.

I have already seen people married to EEA nationals but refused by the Home Office because they couldn't provide an original passport of the EEA. The non-EEA applicant can totally demonstrate by other means that he is/was married to an EEA national. But because that national doesn't support the application, it won't go anywhere.

I am EEA national and my mother is dependent on me. She has all the documents to prove that. But if she goes applying on her own without my support, she won't qualify.

Well, it's just my interpretation. That's why I am interested to see the outcome of this case.

[Obie]

You are wrong. Your mother may not succeed in applying without your support as she needs to be dependent on you.

Unlike in the case of extended family member which requires individual assessment, the legislature has implemented an in built presumtion within the legislative provision, that there will be deterrence on treaty rights if certain family members are not permitted to enter or stay with the EU citizen .

Therefore in the case of children under 21, they can apply on the basis of their parents, even if they are not in speaking terms with them.

Things like passport are administrative requirements, they do not confer rights. It is the existence of a particular relationship with an EEA national that confers rights, and not the documents proving an EEA national's identity or EU citizenship.

[Boula16]

update on my application

biometrics: 25/08/20


After 1hour of enrolling for the biometrics, I received an email to send an additional document (the identity document used in support of your application, as it requires further verification before your application can proceed, therefore, your CURRENT and VALID Nigerian passport is needed).