EUSS application for family members

[mma1]

Hello
My colleague has settled status while his family didn't apply for any status back in 2019 (his family, Partner and two children, lived in the UK for about 4.9 years) and then in early 2020 they all moved back to France. Now my colleague wants to come back to the UK early next year but needs to apply for a status for his family. He and has been visiting the UK since 2020.
Can he apply for his family "to join in the UK" while he is in France or does he need to come back to the UK as resident and only then can he apply for a status for his family?
Thanks a lot!

[alterhase58]

None of the family were residing in the UK on 31 December 2020 (23:00hrs)?
That was the key data to have qualified for (pre-)Settled Status I believe.
More knowledgeable members may comment on this scenario.

[kamoe]

None of the family were residing in the UK on 31 December 2020 (23:00hrs)?
That was the key data to have qualified for (pre-)Settled Status

Not really.

The key is that the sponsor needs to have started a period of residence before 31 December 2020, and since then, either
1. Have acquired Settled Status, and have not been away for more than 5 consecutive years, or
2. Not have interrupted this continuous period of residence for more than 6 consecutive months.

They could have come to the UK on 30th December 2020, left the next day, then came back in January 2021, and that would still be good. Physical presence in the UK exactly on 31 December 2020 (23:00hrs) is NOT a requirement.

The sponsor has Settled Status anyway, and has been absent for less than 5 years. Also, according to the3million, each visit does reset the absence clock, so they are good on all accounts.

They can all apply for EUSS Family Permits from abroad as joining family members.

[kamoe]

Also, it doesn't matter if the family members never applied for pre settled status, if they had Pre-settled status and lost it, or if they never resided in the UK.

What matters is the status of the sponsor. As long as this is still valid, the sponsor and can bring new, "joining family members" anytime, there's no deadline for that.

[mma1]

Thanks kamoe.

Option 1 applies to the sponsor from your first reply, so he still has a valid Settled status.

Since the sponsor is currently in France, can he still apply Now for family members to "join him in the UK"?

Thanks a lot!

[kamoe]

Since the sponsor is currently in France, can he still apply Now for family members to "join him in the UK"?

You are getting entangled with the terminology. The physical location of the sponsor at the time of application is irrelevant, what matters is if they are eligible to sponsor their family. Since their Settled Status is still valid, they are still able to sponsor.

I would recommend to read thoroughly the section "Eligibility: joining family members of a relevant sponsor", pages 95-101 on the EU Settlement Scheme Caseworker Guidance which gives you an idea of how the decision-making process works from the caseworker perspective. As you can see, there is no requirement related to the physical location or current residence of the sponsor. Just that his Settled Status is valid.

[mma1]

Great, many thanks.