Extended FM with EEA FP, Applying to EU settlement scheme

[butterfly11]

Hi everyone,

I need some help here please, very confused with conflicting infos.

I am non-EU dependant brother , I have my EEA FP issued last week ( applied to EEA FP back in Dec) based on dependency on my brother who is an EU citizen with settled status.

Am I allowed to apply for pre-settled status as an extended family member given that I arrived to the UK yesterday ( after 31st of Dec)?
If so what do I need to provide? Do I need to provide my dependency documents used for EEA FP again?

I have been following some threads in this forum and seen some comments that this might be possible, however the government websites ( https://www.gov.uk/guidance/eu-settleme ... eu-citizen) under ( If you’re their dependent relative) states the opposite. This contradicts also with citizen advise web page (https://www.citizensadvice.org.uk/immig ... ter-brexit). very confusing.

Does anyone have experience in this

Your help much appreciated.

[kamoe]

As far as I understand, the restriction for extended family members, including dependent relatives, to arrive before December 31st 2020, does not apply if you applied for your EEA Family Permit before December 31st 2020. (See this post where Obie and Wochee clarify how dependent relatives and members of the household having applied are covered by the provisions in the Withdrawal agreement).

So I believe this is what they refer to with "some cases" = if you applied for a EEA document before December 31st 2020, when they say in the same link you shared above (under "If you’re their dependent relative", right after the paragraph saying you can only apply if arrived pre-Dec 2020):

In some cases, you can apply as a dependent relative of an EU, EEA or Swiss citizen if you’re their dependant, a member of their household or in strict need of their personal care on serious health grounds. The EU, EEA or Swiss citizen cannot be your spouse, civil partner, unmarried (durable) partner, child (or grandchild or great-grandchild) or dependent parent (or grandparent or great-grandparent). They can be your brother, sister, aunt, uncle, nephew, niece or cousin (or, in some cases, of your spouse or civil partner).

You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the dependent relative of an EEA or Swiss citizen (or, where the application for that document was made before 1 February 2017, of their spouse or civil partner).

A relevant document here includes:

a family permit
a residence card

But I have no first-hand experience of this, this is just my interpretation as per significant discussions with other senior members here, as referred to above.

[HSb786]

Hi Butterfly11

You mind sharing the timeline for your visa.

its just my brother have also applied in december and still waiting the reply.

Many thanks

[geezerpl]

So I believe this is what they refer to with "some cases" = if you applied for a EEA document before December 31st 2020, when they say in the same link you shared above (under "If you’re their dependent relative", right after the paragraph saying you can only apply if arrived pre-Dec 2020):

Great... so those, who have applied for the EEA FP in 2021 will be only allowed to visit UK for a few months/weeks.
Such information should be provided on family permit websites but isn't.

[kamoe]

So I believe this is what they refer to with "some cases" = if you applied for a EEA document before December 31st 2020, when they say in the same link you shared above (under "If you’re their dependent relative", right after the paragraph saying you can only apply if arrived pre-Dec 2020):

Great... so those, who have applied for the EEA FP in 2021 will be only allowed to visit UK for a few months/weeks.
Such information should be provided on family permit websites but isn't.

Dependent relatives (not durable partners) cannot apply for EEA Family Permits in 2021.

[butterfly11]

Hi everyone,

Thanks for this very useful board.

I have applied back in Dec 2020 to EEA FP as a dependant brother (extended family) , my brother is an EU national with settled status. The EEA FP was concluded in Feb 2021 for which I traveled to the UK back then.

I have applied to EU settlement scheme and received COA back in March 2021 and still awaiting a decision, I have read the new updated EU Settlement Scheme guidance (EU, other EEA and Swiss citizens and their family members issues on 21st may 2021) and I am very confused regarding the whole situation and I appreciate your help:

1-Am I still eligible to the EU settlement scheme , having applied to the EEA FP as an extended family member before 31st Dec 2020 and came to the UK in Feb 2021?

2-I have received an email that EEA FP is not valid beyond 31st June 2021, if I don't receive status by then, do I need to leave the Uk and wait for the EU settlement decision from abroad as I understand that COA doesn't guarantee your immigration status as a dependant relative?

Many thanks for your help, this has been really distressing time and plenty of confusing information.

[butterfly11]

@kamoe

we did have a chat about my case previously in an older post, wondering if you have any thoughts regarding my scenario in view of the latest EU settlement caseworker guidance? Many thanks