A remaining non-EU family member stranded abroad: confused as to the options to join us in UK

[input-output]

Hello forum

We have a tricky situation as we cannot find any information about our situation but it may be something very simply for some.

My father is abroad, while my mother has recently joined us in the UK on EU Settlement Scheme Family Permit. We applied for a settled status for he last week, her biometrics is this week, and because her application for a Family permit was made before 30/06/2021 (yes, it took more than 1 year to decide), we are hoping that dependency will be deemed assumed for purposes of this application. By way of background, my wife is an EU citizen and has a document certifying Permanent Residence, did not apply for Settlement Scheme but would qualify, if she did)

Now, at the time of my mother application, my father was a bit brush after the pandemic and unwilling to consider any movement. He is more frail now than only a year ago following a Covid. This led to my mother applying (and subsequently getting EU FP), and travelling to be with us in the UK, where she is now. We need to understand what grounds my father may have for joining us in the UK.

On the one hand, he is beneficiary to EU SS but now needs to prove (presummably solely) financial dependency. It is my understanding that anything else will not be sufficient. On the other hand (and it is only my understanding of the situation) his wife (my mother) is in the UK but he may avail of an opportunity to join her only if/when she is granted EU SS.

I am in virtual turmol because of this stituation not understanding what route he should be/able to take. I will be very thankful for any advice.

I-O

[contorted_svy]

I don't have specific advice about your father (and wish you the best of luck with it), but I'd like to understand what do you mean exactly by the fact that your wife hasn't applied for settlement scheme? She had to apply by 30 June 2021. What is her immigration status?

[alterhase58]

I don't have specific advice about your father (and wish you the best of luck with it), but I'd like to understand what do you mean exactly by the fact that your wife hasn't applied for settlement scheme? She had to apply by 30 June 2021. What is her immigration status?

OP stated:

my mother has recently joined us in the UK on EU Settlement Scheme Family Permit. We applied for a settled status for he last week, her biometrics is this week, and because her application for a Family permit was made before 30/06/2021 (yes, it took more than 1 year to decide),

his wife (my mother) is in the UK

[JB007]

I don't have specific advice about your father (and wish you the best of luck with it), but I'd like to understand what do you mean exactly by the fact that your wife hasn't applied for settlement scheme? She had to apply by 30 June 2021. What is her immigration status?

That's what I thought too and looked it up.

"UK permanent residence cards are no longer valid and EEA nationals who already held a permanent residence card were required to transfer their status under the EU settlement scheme"
https://www.davidsonmorris.com/permanent-residence/

[JB007]

I don't have specific advice about your father (and wish you the best of luck with it), but I'd like to understand what do you mean exactly by the fact that your wife hasn't applied for settlement scheme? She had to apply by 30 June 2021. What is her immigration status?

OP stated:

my mother has recently joined us in the UK on EU Settlement Scheme Family Permit. We applied for a settled status for he last week, her biometrics is this week, and because her application for a Family permit was made before 30/06/2021 (yes, it took more than 1 year to decide),

his wife (my mother) is in the UK

contorted_svy Is replying to this part of the OPs post.

By way of background, my wife is an EU citizen and has a document certifying Permanent Residence, did not apply for Settlement Scheme but would qualify, if she did)

[JB007]

...while my mother has recently joined us in the UK on EU Settlement Scheme Family Permit. We applied for a settled status for he last week, her biometrics is this week, and because her application for a Family permit was made before 30/06/2021 (yes, it took more than 1 year to decide), we are hoping that dependency will be deemed assumed for purposes of this application.

Let us know if your mother is granted pre-settled status.

eea-route-applications/eu-family-permit ... l#p2077714

[CR001]

I don't have specific advice about your father (and wish you the best of luck with it), but I'd like to understand what do you mean exactly by the fact that your wife hasn't applied for settlement scheme? She had to apply by 30 June 2021. What is her immigration status?

OP stated:

my mother has recently joined us in the UK on EU Settlement Scheme Family Permit. We applied for a settled status for he last week, her biometrics is this week, and because her application for a Family permit was made before 30/06/2021 (yes, it took more than 1 year to decide),

his wife (my mother) is in the UK

contorted_svy Is replying to this part of the OPs post.

By way of background, my wife is an EU citizen and has a document certifying Permanent Residence, did not apply for Settlement Scheme but would qualify, if she did)

The OPs spouse is an Irish citizen.

[input-output]

Apologies for this important omission - indeed, my wife is an Irish citizen and did not apply for EU SS having beein previously granted Permanent Residence.

Would it be right that the ONLY way for my father to join us in the UK is via my mother - a dependent family member of EU citizen - having obtained a pre-settled status under the scheme?

[input-output]

...while my mother has recently joined us in the UK on EU Settlement Scheme Family Permit. We applied for a settled status for he last week, her biometrics is this week, and because her application for a Family permit was made before 30/06/2021 (yes, it took more than 1 year to decide), we are hoping that dependency will be deemed assumed for purposes of this application.

Let us know if your mother is granted pre-settled status.

eea-route-applications/eu-family-permit ... l#p2077714

Yes, this in itself is a big problem. Howeve, there is some hope - I received a clarification from the HO stating that

Good Morning

The visa has been issued under the Appendix EU regulations

Kind Regards

UKVI

Alluding to the fact that her dependency will be assumed.

[input-output]

Apologies for this important omission - indeed, my wife is an Irish citizen and did not apply for EU SS having beein previously granted Permanent Residence.

Would it be right that the ONLY way for my father to join us in the UK is via my mother - a dependent family member of EU citizen - having obtained a pre-settled status under the scheme?

Could someone please direct us with this question? That would let us understand whether we need to wait for pre-settled status for my mother before applying for my dad (ca. 3-6 months wait) or can apply at this point.

Thank you

[JB007]

Alluding to the fact that her dependency will be assumed.

That's not what the link your gave on your other thread, stated.

eea-route-applications/eu-family-permit ... l#p2077714

[JB007]

Alluding to the fact that her dependency will be assumed.

That's not what the link your gave on your other thread, stated.

eea-route-applications/eu-family-permit ... l#p2077714

Correcting this, as I have just read your other threads opening post and seen the date your mother submitted her application.

Does this mean that your mother (and therefore your father) is not dependent on your EEA citizen?

[input-output]

Does this mean that your mother (and therefore your father) is not dependent on your EEA citizen?

Sorry, what do you mean by that?

[JB007]

Sorry, what do you mean by that?

Does your father meet the requirements of being dependent on your EEA spouse, to be able come to the UK under the EUSS?

[input-output]

Sorry, what do you mean by that?

Does your father meet the requirements of being dependent on your EEA spouse, to be able come to the UK under the EUSS?

I am sensing you are talking about financial dependency as it was applied under 2006 regulations, i.e. financial dependency, similarly as sought to be established by Jia and Lebon. No, he is not financially dependent on the EU citizen.

My mother, his wife, is however living with us as part of our household and is financially supported by us since her arrival in the UK. She is currently awaiting pre-settled status.

Are you alluding that his ability to join us in the UK is only when (and if) hisa wife - my mother - received pre-settled status?

Thank you