Jvcvolvic1611 wrote: ↑Mon Nov 16, 2020 6:43 pm
Hi,
I’m assisting a friend with Their application for settled status in the UK. Basically she is Thai, married an English man, had a child in Thailand, then moved to ROI and then onto the UK after a year where she has now lived for over 3 years. The marriage ended (over 3 years), and there were issues of domestic abuse reported. She has sole custody of the child and the father does have visitation at weekends. Is the best route for her application to do it as the parent of a child with British citizenship who lives with her or as the ex spouse of a British citizen?
She is self employed and has made a life for herself with her child now in school.
The form seems fairly complicated and doesn’t suggest what the best route is for applying. Would it seem that it should be fairly simple to get the application approved, or would you guys recommend enlisting the assistance of an immigration solicitor?
Thanks
Hi, I would recommend studying these two definitions until they make sense:
- qualifying British citizen
- family member who has retained the right of residence
Eligibility for limited leave to enter or remain
EU14. The applicant meets the eligibility requirements for limited leave to enter or remain where the Secretary of State is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, condition 1 or 2 set out in the following table is met:
Condition Is met where:
(a) The applicant is:
(i) a family member of a qualifying British citizen; or
(ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and
(b) The applicant was, for any period in which they were present in the UK as a family member of a qualifying British citizen relied upon under sub-paragraph (c), lawfully resident by virtue of regulation 9(1) to (6) of the EEA Regulations (regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations); and
(c) The applicant is not eligible for indefinite leave to enter or remain under this Appendix solely because they have completed a continuous qualifying period in the UK of less than five years
SEE APPENDIX EU ANNEX 1 - DEFINITIONS
https://www.gov.uk/guidance/immigration ... ppendix-eu
qualifying British citizen
a British citizen who:
(a) has (or, as the case may be, for the relevant period had) returned to the UK with the applicant:
(i) (where sub-paragraph (a)(ii) below does not apply) before 2300 GMT on 29 March 2022; or
(ii) (in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(ii), (a)(iv), (a)(vii) or (a)(viii) of the entry for ‘family member of a qualifying British citizen’ in this table) before 2300 GMT on 31 December 2020; and
(b) satisfied regulation 9(2), (3) and (4)(a) of the EEA Regulations (as the British citizen (“BC”) to whom those provisions refer):
(i) before 2300 GMT on 31 December 2020; and
(ii) immediately before returning to the UK with the applicant (who is to be treated as the family member (“F”) or, as the case may be, as the extended family member (“EFM”), to whom those provisions refer); and
(c) was continuously resident in the UK in accordance with regulation 3 of the EEA Regulations throughout any period on which the applicant relies as being present in the UK by virtue of being a family member of a qualifying British citizen
family member who has retained the right of residence
a person who has satisfied the Secretary of State, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (e) below are met:
(a) the applicant is an EEA citizen or non-EEA citizen who:
(i) was the family member of a relevant EEA citizen (or of a qualifying British citizen) and that person died; and
(ii) was resident as the family member of a relevant EEA citizen (or of a qualifying British citizen) for a continuous qualifying period in the UK of at least a year immediately before the death of that person; or
(b) the applicant is an EEA citizen or non-EEA citizen who:
(i) is the child of:
(aa) a relevant EEA citizen (or of a qualifying British citizen) who has died or of their spouse or civil partner immediately before their death; or
(bb) a person who ceased to be a relevant EEA citizen (or a qualifying British citizen) on ceasing to reside in the UK or of their spouse or civil partner at that point; and
(ii) was attending an educational course in the UK immediately before the relevant EEA citizen (or the qualifying British citizen) died or ceased to be a relevant EEA citizen (or a qualifying British citizen), and continues to attend such a course; or
(c) the applicant is an EEA citizen or non-EEA citizen who is the parent with custody of a child who meets the requirements of sub-paragraph (b) above; or
(d) the applicant (“A”) is an EEA citizen or non-EEA citizen who:
(i) ceased to be a family member of a relevant EEA citizen (or of a qualifying British citizen) on the termination of the marriage or civil partnership of that relevant EEA citizen (or of that qualifying British citizen); for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen (or that qualifying British citizen ceased to be a qualifying British citizen), they will be deemed to have remained a relevant EEA citizen (or, as the case may be, a qualifying British citizen) until that termination; and
(ii) was resident in the UK at the date of the termination of the marriage or civil partnership; and
(iii) one of the following applies:
(aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident for a continuous qualifying period in the UK of at least one year during its duration; or
(bb) A has custody of a child of the relevant EEA citizen (or the qualifying British citizen); or
(cc) A has the right of access to a child of the relevant EEA citizen (or the qualifying British citizen), where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK; or
(dd) the continued right of residence in the UK of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting; or
(e) the applicant (“A”) is an EEA citizen or non-EEA citizen who:
(i) provides evidence that a relevant family relationship with a relevant EEA citizen (or with a qualifying British citizen) has broken down permanently as a result of domestic violence or abuse; and
(ii) was resident in the UK when the relevant family relationship broke down permanently as a result of domestic violence or abuse, and the continued right of residence in the UK of A is warranted where A or another family member has been a victim of domestic violence or abuse before the relevant family relationship broke down permanently
in addition:
(a) ‘relevant family relationship’ in sub-paragraph (e) above means a family relationship with a relevant EEA citizen (or with a qualifying British citizen) such that the applicant is, or (immediately before the relevant family relationship broke down permanently as a result of domestic violence or abuse) was, a family member of a relevant EEA citizen (or of a qualifying British citizen); and
(b) where sub-paragraph (e) above applies, then, where, following the permanent breakdown of the relevant family relationship as a result of domestic violence or abuse, the applicant remains a family member of a relevant EEA citizen (or of a qualifying British citizen), they will be deemed to have ceased to be such a family member for the purposes of this Appendix once the permanent breakdown occurred
