Non EEA family - EU Scheme permit case

[Abbey1985]

Hi,

An EEA child entered the UK in February 2020 at the age of 10. She was granted pre-settled status under the EU Settlement Scheme in September 2022. At that time, her primary carer in the UK was her uncle.

The child’s non-EEA parents were living in an EU country and applied to join her in the UK. After extensive correspondence and litigation with the Home Office, the Home Office withdrew the court proceedings and granted the parents EUSS Family Permits (6 month multi-entry visa) in February 2024.

The parents entered the UK in March 2024 and then applied online under the EU Settlement Scheme. After approximately nine months, the Home Office stated that the applications were invalid and indicated that the parents might need to apply using the paper form for a derivative right to reside.

In April 2025, the parents applied by paper form for a derivative right to reside under the Ibrahim route. The Home Office rejected the applications in June 2025 (Non EEA parents, were non primary carer, not entered the UK before Dec 2020).

The parents appealed in June 2025. The Tribunal directed the Home Office to file its bundle by the end of October 2025, but the Home Office then asked the parents to file their bundle by the end of April 2026. The current lawyer appears pessimistic about arguing the case strongly under the Chen route, and propose to withdraw to apply for Appendix FM.

Meanwhile, the child applied for indefinite leave to remain in April 2025 and was granted ILR in October 2025. She applied for British citizenship in December 2025, but the application was refused in April 2026 because her parents did not have lawful status and she had not held ILR for one full year.

The family has established its private and family life in the UK over the last two years. The parents are working full-time, have not relied on public funds, and have good English-language ability.

What is the best option for the family, either through the current court appeal or, if the appeal is unsuccessful, through an alternative immigration route?

In case of Appendix FM, is it eligible for both parents?

Thanks a lot.

[Abbey1985]

Any response?

[NatCam]

Are both parents non-EU?
If they are primary carers, then why not use Chen route? The sponsor for the child was the uncle, maybe this causes the problem?