Settled status for children

[Adey]

Hi house,

I applied for pre settled status for 4 of my kids
3 was granted almost immediately but for my son i got this email below (my son was born.here). They are trying to decide if to give him settled or pre settled status. I will appreciate your advise.

Do you know what document they are asking for?.

We are therefore writing to ask you to provide the following additional evidence to help us consider whether you meet the requirements for settled status (indefinite leave to enter or remain) or pre-settled status (limited leave to enter or remain).

Evidence that your EEA family member has (or had) a continuous qualifying period which corresponds (or corresponded) with yours, for any period you are relying on as the family member of that EEA citizen as follows:

One piece of evidence dated within the last six months, or within the last twelve months if you have been absent for more than six months for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting. In order to accept a period of absence of more than six months and up to twelve months, the following evidence would be required:

evidence to support an absence as a result of pregnancy, childbirth or serious illness might take the form of a letter or other records from a qualified medical professional
evidence to support an absence as a result of study, vocational training or an overseas posting might take the form of a letter or other records from the relevant educational establishment or employer
evidence to support a period of absence as a result of compulsory military service might take the form of a letter or other records from the relevant government body

[kamoe]

my son was born.here

When was he born?

[Adey]

my son was born.here

When was he born?

2010

[kamoe]

Do you know what document they are asking for?.

They are asking for proof that whoever the sponsor is (your sister?) has lived in the UK continously for whatever the period you are relying for your child. If that's 5 years or more, then he'll get Settled, if less, then Pre-Settled.

What is not clear to me is how come he was born in the UK in 2010 yet you seem to have only obtained your FP last year? Can you tell us more about your and your son's full immigration history? Has he always lived in the UK, and if so, on which nationality? Where have you lived during his lifetime? If you have lived in the UK, under which visa/permit? Who has been his legal guardian throughout?

All this will help understand the best option for your child.

[Adey]

Do you know what document they are asking for?.

They are asking for proof that whoever the sponsor is (your sister?) has lived in the UK continously for whatever the period you are relying for your child. If that's 5 years or more, then he'll get Settled, if less, then Pre-Settled.

What is not clear to me is how come he was born in the UK in 2010 yet you seem to have only obtained your FP last year? Can you tell us more about your and your son's full immigration history? Has he always lived in the UK, and if so, on which nationality? Where have you lived during his lifetime? If you have lived in the UK, under which visa/permit? Who has been his legal guardian throughout?

All this will help understand the best option for your child.

Thank you so much Kamoe for.your swift response, i had him 2010 while i was a student left with him after my studies, visited the uk 2ce, last year we applied for FP my sister been our sponsor. I applied for residence permit and was granted in Nov 2019, applied for presettled for all d kids 3 wks ago, 3 of the kids were granted pre settled (nigerian nationality) but my sons application pending, got the mail yesterday but not sure what they need.

I appreciate your help

[kamoe]

Do you know what document they are asking for?.

They are asking for proof that whoever the sponsor is (your sister?) has lived in the UK continously for whatever the period you are relying for your child. If that's 5 years or more, then he'll get Settled, if less, then Pre-Settled.

What is not clear to me is how come he was born in the UK in 2010 yet you seem to have only obtained your FP last year? Can you tell us more about your and your son's full immigration history? Has he always lived in the UK, and if so, on which nationality? Where have you lived during his lifetime? If you have lived in the UK, under which visa/permit? Who has been his legal guardian throughout?

All this will help understand the best option for your child.

Thank you so much Kamoe for.your swift response, i had him 2010 while i was a student left with him after my studies, visited the uk 2ce, last year we applied for FP my sister been our sponsor. I applied for residence permit and was granted in Nov 2019, applied for presettled for all d kids 3 wks ago, 3 of the kids were granted pre settled (nigerian nationality) but my sons application pending, got the mail yesterday but not sure what they need.

I appreciate your help

When did you finish your studies / How old was your son when you first left the UK? How long were your visits to the UK last year? In other words, after his birth, for how long has your son been in the UK?

[Adey]

Do you know what document they are asking for?.

They are asking for proof that whoever the sponsor is (your sister?) has lived in the UK continously for whatever the period you are relying for your child. If that's 5 years or more, then he'll get Settled, if less, then Pre-Settled.

What is not clear to me is how come he was born in the UK in 2010 yet you seem to have only obtained your FP last year? Can you tell us more about your and your son's full immigration history? Has he always lived in the UK, and if so, on which nationality? Where have you lived during his lifetime? If you have lived in the UK, under which visa/permit? Who has been his legal guardian throughout?

All this will help understand the best option for your child.

Thank you so much Kamoe for.your swift response, i had him 2010 while i was a student left with him after my studies, visited the uk 2ce, last year we applied for FP my sister been our sponsor. I applied for residence permit and was granted in Nov 2019, applied for presettled for all d kids 3 wks ago, 3 of the kids were granted pre settled (nigerian nationality) but my sons application pending, got the mail yesterday but not sure what they need.

I appreciate your help

When did you finish your studies / How old was your son when you first left the UK? How long were your visits to the UK last year? In other words, after his birth, for how long has your son been in the UK?

I finished 2010, he was 10mths when we left
Came to visit 6wks in total since we left till 2017 before he came back last year sep on FP

[kamoe]

I finished 2010, he was 10mths when we left
Came to visit 6wks in total since we left till 2017 before he came back last year sep on FP

OK, so it looks like your eldest son should also be granted Pre-Settled status.

Maybe, only maybe, because he was born in the UK, the case worker probably thinks you are expecting him to get Settled Status (?), which would only be reasonable if he had stayed in the UK for some years, and justified by your sister being in the UK (hence documentation asking her to prove her residency in the UK throughout those years). Since that is not the case, you should clarify it.

One way for you to clarify this is to contact the EU resolution center, explaining your son's timeline as you have done here, clarifying that you do not believe he is eligible for anything different than your other children, that you are happy for him to get Pre-Settled Status, and that therefore you should not be asked to supply any other documents. You can do this either by phone or via their contact form:

Contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start If you use the online form, do add his exact application number, this will be key for whoever responds to identify his case quickly.

If at all my interpretation is wrong and they are asking for more documents for an entirely different reason, then they will surely explain to you what exactly they need, and why.

[Adey]

I finished 2010, he was 10mths when we left
Came to visit 6wks in total since we left till 2017 before he came back last year sep on FP

OK, so it looks like your eldest son should also be granted Pre-Settled status.

Maybe, only maybe, because he was born in the UK, the case worker probably thinks you are expecting him to get Settled Status (?), which would only be reasonable if he had stayed in the UK for some years, and justified by your sister being in the UK (hence documentation asking her to prove her residency in the UK throughout those years). Since that is not the case, you should clarify it.

One way for you to clarify this is to contact the EU resolution center, explaining your son's timeline as you have done here, clarifying that you do not believe he is eligible for anything different than your other children, that you are happy for him to get Pre-Settled Status, and that therefore you should not be asked to supply any other documents. You can do this either by phone or via their contact form:

Contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start If you use the online form, do add his exact application number, this will be key for whoever responds to identify his case quickly.

If at all my interpretation is wrong and they are asking for more documents for an entirely different reason, then they will surely explain to you what exactly they need, and why.

What kind of documentation will i need to provide. Thats the beat i am concerned with

I applied for pre settled for him

[kamoe]

What kind of documentation will i need to provide. Thats the beat i am concerned with

Please read my post carefully. I am saying that it is likely you do not need to provide anything further.

If I am mistaken, and if so happens that you do need to supply more documents, then the resolution Center should tell you what else to send. No one else can tell you why they are asking for this, so please contact them, but PLEASE, CLARIFY to them that your son has not spent more than a year in the UK.

I applied for pre settled for him

No you did not. No one applies for Settled or Pre-Setlted status specifically.

People can only apply for the Settlement Scheme in general, amd that is what you did. It is the system who decides which status you get.

[Adey]

What kind of documentation will i need to provide. Thats the beat i am concerned with

Please read my post carefully. I am saying that it is likely you do not need to provide anything further.

If I am mistaken, and if so happens that you do need to supply more documents, then the resolution Center should tell you what else to send. No one else can tell you why they are asking for this, so please contact them, but PLEASE, CLARIFY to them that your son has not spent more than a year in the UK.

I applied for pre settled for him

No you did not. No one applies for Settled or Pre-Setlted status specifically.

People can only apply for the Settlement Scheme in general, amd that is what you did. It is the system who decides which status you get.

Okay, thank you, i will call resolution on monday, God willing
.You are right i applied for settlement scheme. Thank you so much, i appreciate your prompt response. God bless