EUSS for extended family

[Kash143]

We have made a group of people who are affected by same issue and going for JR throughxxxxxxxx are challenging this decision. Hopefully we will hear next week lets see

[euspouse07]

Any update about the JR initiated by the group you joined ?
Thanks

[sanwarmu]

We have made a group of people who are affected by same issue and going for JR throughxxxxxxxx are challenging this decision. Hopefully we will hear next week lets see

What’s the time limit we have to go for PAP or JR
After receiving that email. ?
My solicitor is playing a round it’s been 20 days since we received refusal email.
And i need a solicitor around in manchester area any recommendations.

[CR001]

And i need a solicitor around in manchester area any recommendations.

DO not ask for solicitor details on the forum. Members are not permitted to post such information.

[sanwarmu]

And i need a solicitor around in manchester area any recommendations.

DO not ask for solicitor details on the forum. Members are not permitted to post such information.

Sorry about that.
Was really desperate as my solicitor has been playing around from last 20 days.
Can anyone let me know how much time we have to go for PAP or JR?
Thanks

[Obie]

You have 3 months from the date of Home Office decision saying they will not give effect to the tribunal's decision.

[Kash143]

We have involved largest campaign organisation for EU citizens in the UK. They are assisting us. There are in total 13 to 14 cases already. Some of them got legal aid and others are paying nominal fee

[euspouse07]

When they are expecting the outcome ?
Can the outcome be used as precedence by the other people in the same boat who are not party of the challenge now ?
Thanks

[User2014]

We have involved largest campaign organisation for EU citizens in the UK. They are assisting us. There are in total 13 to 14 cases already. Some of them got legal aid and others are paying nominal fee

Is there any progress on Judicial review for Family permits ?

[Kash143]

Response from HO, it's look like they are now thinking

Respondent respectfully requests that she be granted an extension of 21 days from the date of this correspondence. This is because the Respondent's policy on this and other similar cases regarding the issuance of EEA family permits to Extended Family Members remains under active review. Whilst this review is being progressed at speed, due to the nature and complexity of the issues, the SSHD is not yet in a position to respond substantively to the claim and seeks further time to carry out that review

[euspouse07]

Just read on one of other organisation’s website who represents the EU citizens and fight for their rights wrote to the minister Kevin foster reminding about the issues with the extended family members
Have they responded to your case ?

[Cyber Ghost]

Response from HO, it's look like they are now thinking

Respondent respectfully requests that she be granted an extension of 21 days from the date of this correspondence. This is because the Respondent's policy on this and other similar cases regarding the issuance of EEA family permits to Extended Family Members remains under active review. Whilst this review is being progressed at speed, due to the nature and complexity of the issues, the SSHD is not yet in a position to respond substantively to the claim and seeks further time to carry out that review

Any update on this case?

[Kash143]

When contacted by The Independent this week, the Home Office said these individuals would instead be issued with an EU Settlement Scheme family permit, which it said would enable them to come to the UK

This is from an article published yesterday. We are expecting some news this week hopefully

[Cyber Ghost]

The definition of Close Family Member in EEA Regulations 2016 7(3) states:

A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—

(a)B continues to satisfy the conditions in regulation 8(2), (3), (4) or (5); and
(b)the EEA family permit, registration certificate or residence card remains in force.

So, My question is, why did not the home office considered the EEA successful appeal under 7(3) to check the eligibility of EUSS?

[euspouse07]

Was that part of withdrawal agreement ?
Did anyone receive anything official from hoke office ?

[Cyber Ghost]

No, Joke Office is still thinking.

[Obie]

Well the rules are changing in October.

Therefore if in future the Home Office write in a letter that a person would have qualified for EEA family permit had it not been for the repeal of the regulations, that letter will be sufficient to apply for EU settlement scheme, without the need for an actual EEA family permit.

[euspouse07]

But how about the people who are outside the United Kingdom and visa national ?
How a letter can help them to board the plane ?

[Kash143]

Response from HO

Thank you for your letter before claim of August 2021 in accordance with the
procedures set out in the pre-action protocol for Judicial Review in which you are
requesting the issue of documents on the EEA family permit applications dated
January 2020.
I can confirm that eligible extended family members who could not be issued with an
EEA family permit (including in light of an allowed appeal) as that route finally closed
on 30 June 2021 will be issued instead with an EU Settlement Scheme (EUSS)
family permit. This will enable them to join their EEA citizen family member in the
UK.
Pending the next appropriate Immigration Rules changes, this arrangement will be
reflected in published guidance, as will provision to enable those issued with an
EUSS family permit on this basis to apply in-country to the EUSS if they wish to
remain here.
We intend to begin consideration of those applications affected within the next
fortnight and are currently finalising the implementation process. Your client’s
applications will be considered to see if they are eligible to be issued with an EUSS
family permit as part of this arrangement.

[Obie]

That is consistent with the changes that are being made under the rules.

[euspouse07]

Any update relating to this issue?
They haven't published the new guidance for the EUSS family permit as they indicated they would on 06/10/2021.

Thanks

[euspouse07]

Response from HO

Thank you for your letter before claim of August 2021 in accordance with the
procedures set out in the pre-action protocol for Judicial Review in which you are
requesting the issue of documents on the EEA family permit applications dated
January 2020.
I can confirm that eligible extended family members who could not be issued with an
EEA family permit (including in light of an allowed appeal) as that route finally closed
on 30 June 2021 will be issued instead with an EU Settlement Scheme (EUSS)
family permit. This will enable them to join their EEA citizen family member in the
UK.
Pending the next appropriate Immigration Rules changes, this arrangement will be
reflected in published guidance, as will provision to enable those issued with an
EUSS family permit on this basis to apply in-country to the EUSS if they wish to
remain here.
We intend to begin consideration of those applications affected within the next
fortnight and are currently finalising the implementation process. Your client’s
applications will be considered to see if they are eligible to be issued with an EUSS
family permit as part of this arrangement.

@kash143
Any sign of new policy being draft .
Did you or any one else hear from the home office as they indicated in the letter dated 27/09/2021?

Thanks

[User2014]

Response from HO

Thank you for your letter before claim of August 2021 in accordance with the
procedures set out in the pre-action protocol for Judicial Review in which you are
requesting the issue of documents on the EEA family permit applications dated
January 2020.
I can confirm that eligible extended family members who could not be issued with an
EEA family permit (including in light of an allowed appeal) as that route finally closed
on 30 June 2021 will be issued instead with an EU Settlement Scheme (EUSS)
family permit. This will enable them to join their EEA citizen family member in the
UK.
Pending the next appropriate Immigration Rules changes, this arrangement will be
reflected in published guidance, as will provision to enable those issued with an
EUSS family permit on this basis to apply in-country to the EUSS if they wish to
remain here.
We intend to begin consideration of those applications affected within the next
fortnight and are currently finalising the implementation process. Your client’s
applications will be considered to see if they are eligible to be issued with an EUSS
family permit as part of this arrangement.

Hello, is there any further progress on this extended family members cases ?
Thanks

[Obie]

For the benefits of those on this thread, the Home Office has started issuing EU settlement scheme permit to extended family members that are victims of this mess.

Those who have pending litigation or pre action protocol proceedings, should continue until the Home Office makes a formal proposal to them in the form of a consent order or written undertaking.

[euspouse07]

For the benefits of those on this thread, the Home Office has started issuing EU settlement scheme permit to extended family members that are victims of this mess.

Those who have pending litigation or pre action protocol proceedings, should continue until the Home Office makes a formal proposal to them in the form of a consent order or written undertaking.

Thanks Okie,
Assuming you are aware about the letter from immigration minister office to the head of the legal matters(3 millions ) accepting the lucena and promising the issuance of EUSS FM instead of EEA FM.
Most of us didn’t pursue the cases as that came as solution.
What they should do now as they have forfeit the right to challenge the decisions as the 90 days window is lapsed now.
Should they contact the UKVI and urging them to re-consider there cases as minister promised ?
Have they published the new guidance?