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EEA Family permit or Pre-settled for non EU parents

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sunrise80
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Posts: 29
Joined: Tue Jan 10, 2017 4:05 pm

EEA Family permit or Pre-settled for non EU parents

Post by sunrise80 » Wed Oct 28, 2020 12:17 am

Hello,
my situation is:
I am a non EU citizen, I have EU settled status on the basis of family member of an EU citizen.
My partner is EU + British Citizens (Naturalised).

I would like to apply for pre-settled status for my non-EU parents in the non-EU country.

Please let me know gurus is it possible to apply for pre-settled stats for my non EU parents in the non EU country under EEA family law?

or is there another option, that i bring them to UK on visitor visa and then apply for pre-settled status on the Home office App service.

I know Brexit date is approaching soon. (31 December 2020)
What if due to COVID my parents don't want to take health risks by travelling to the UK in a compact flight, and want to travel next year in October 2021. Can we send a letter to the Home Office, requesting an extension because of COVID pandemic and ask them to accept my parents Pre-settled visa application next year in October 2021.

Please guide. Thank you in advance. I really appreciate your reply.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EEA Family permit or Pre-settled for non EU parents

Post by kamoe » Wed Oct 28, 2020 9:28 am

sunrise80 wrote:
Wed Oct 28, 2020 12:17 am
My partner is EU + British Citizens (Naturalised).
Are you civil partners through an official civil partnership, or just unmarried, durable partners?

Only married or civil partnership counts as family relationship in the case of parents in law.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

sunrise80
Newly Registered
Posts: 29
Joined: Tue Jan 10, 2017 4:05 pm

Re: EEA Family permit or Pre-settled for non EU parents

Post by sunrise80 » Mon Nov 02, 2020 12:23 am

Civil Partnership registered in the UK 8 years ago.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EEA Family permit or Pre-settled for non EU parents

Post by kamoe » Mon Nov 02, 2020 8:03 am

sunrise80 wrote:
Wed Oct 28, 2020 12:17 am
Please let me know gurus is it possible to apply for pre-settled stats for my non EU parents in the non EU country under EEA family law?
It is possible to apply for a EUSS Family Permit, to facilitate their entry into the UK. Then once they are in the UK, it is possible to apply for EUSS Pre-Settled Status. It is not possible to apply directly for Pre-Settled Status abroad if they have never resided in the UK.
or is there another option, that i bring them to UK on visitor visa and then apply for pre-settled status on the Home office App service.
You are not supposed to use visitor visas as immigration routes to the UK. Therefore, I do not see an application for Pre-Settled Status done in this way succeeding. What you are supposed to do, is apply for the Family Permit and use it for their entry, as described above, not a visitor visa.
What if due to COVID my parents don't want to take health risks by travelling to the UK in a compact flight, and want to travel next year in October 2021.
No, as you are well aware, the deadline for applying for the EUSS inside the UK is June 30th 2021.
Can we send a letter to the Home Office, requesting an extension because of COVID pandemic and ask them to accept my parents Pre-settled visa application next year in October 2021.
Given the the transition period was established over two years ago, and deadlines have been communicated accordingly, the official position of the Government regarding Brexit, and the Home Office regarding EUSS deadlines, is that covid is not a reason to extend any deadlines.

You are of course in your right to write any letters you wish. I personally would not hold my breath.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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