Help/Advice with my Dad's situation

[JC1018]

Hi,

I have come here for help with my dad's complex situation. He came to the UK in 1974 as a 9 year old from Spain. He came with his Mum & Dad. He got IRL status as he was a minor through his parent's as they both lived and worked here in the UK until they both retired and went back to Spain ( I think in 1998)

My nan (his mum) has passed away but his Dad is still alive and still receives his British pension. ( He is 90 years old)

So, My dad never did the EU settlement scheme when he was supposed to, and now he has applied to it, and has been rejected on the grounds he was too late, and they are not excepting his excuse of he didn't think he had to do it because he had IRL. Now, he can not prove his status as he can not find the passports that had his IRL Vignette stamp on his parents old passports.

He has been out the country numerous times on holidays but has lived continuously in the UK for over 50 years, going to school here, worked here and lives here to this day. Due to an injury he had to quit his job, and went to go on Universal credit, but they will not except him because he does not have this code he needs to claim it.

My questions are, how does he prove his IRL status if he can not find the passports with the stamps? And is there another way to get this code they are asking for.

Many thanks

[razergd1]

He should make an NTL application providing as many evidence he can find including list of addresses he lived in etc and a cover letter detailing the approximate date he arrived and his circumstances. Also I suggest to mention that he was granted ILR before Spain joined the EU.
This may help UKVI to find an original record of his ILR. If they will find them he will be granted NTL visa (no time limit, which is other word to ILR).

There is also a provision in the windrush scheme but the wording there is 'arrive before 31st of Dec 1988' but I'm not sure if this refers to last arrival or initial arrival.

[JC1018]

Thank you so much. He has now applied for his ' No Time Limit' Visa. And he will try and accumulate as much evidence as possible for them if they ask for it. With the Windrush, can he go down that route even though Spain was never part of the Commonwealth?

[razergd1]

https://www.gov.uk/windrush-prove-your- ... efore-1989

If he was settled before 1989 he can be of any nationality. This is my understanding.