EEA Family Member visa

[Sam_12357]

Hi
I have this query on behalf of my friend who is a spanish national living in Uk from last 4/5 months , working full time now want to bring his family from Spain.all His family holding spanish permanent card as they lived in Spain For more than 10 years however his son in law just moved to Spain 2 years ago.my questions are

1-what kind of settlement scheme he needs to apply for himself ?
2-what kind of visa his family needs to apply including his son in law who is a extended family member I guess..

I would appreciate if someone can give me some guidance .Thank you

[kamoe]

1-what kind of settlement scheme he needs to apply for himself ?

He needs to apply to the EUSS: https://www.gov.uk/settled-status-eu-citizens-families
Since he's been in the UK for only a few months, he will get Pre-Settled Status.

2-what kind of visa his family needs to apply

Well, depends what members of his family want to come. If they are not the children, spouse, or parents of the EU national, they need to show dependency. Why do they not stay in Spain?

including his son in law who is a extended family member I guess..

Only if he's dependent on your friend, the EU national. But being married means being an adult, and thus the question will be raised as to why he is dependent on your friend? Can he not work on himself?

[Sam_12357]

1-what kind of settlement scheme he needs to apply for himself ?

He needs to apply to the EU Settlement Scheme: https://www.gov.uk/settled-status-eu-citizens-families
Since he's been in the UK for only a few months, he will get Pre-Settled Status.

2-what kind of visa his family needs to apply

Well, depends what members of his family want to come. If they are not the children, spouse, or parents of the EU national, they need to show dependency. Why do they not stay in Spain?

including his son in law who is a extended family member I guess..

Only if he's dependent on your friend, the EU national. But being married means being an adult, and thus the question will be raised as to why he is dependent on your friend? Can he not work on himself?

Thanks for your reply and time,

1-yes they are his children but they both over 18 and a spouse including one grandchild..

2-yes he is dependent on the EU National as he is not working because of language issue in Spain.his wife worked for a while but now is on maternity leave.

Would you suggest if is worth them to come to UK on visit visa and then apply from here as a family member of EU national?

[kamoe]

1-yes they are his children but they both over 18

But are they over 21?

and a spouse including one grandchild..

No problem for spouse or grandchildren, application is straightforward.

2-yes he is dependent on the EU National as he is not working because of language issue in Spain.

What is his nationality/language? This might pass, but will raise a few eyebrows. Not sure not speaking Spanish is a reason for an adult to still be dependent on his in laws once in the UK? Again, this might pass since restrictions on dependency and what is reasonable reason seem to have been relaxed for the EUSS.

his wife worked for a while but now is on maternity leave.

So... she worked and did not have an issue with the language but he did? I'm really just trying to raise all possible questions that might be asked.

Would you suggest if is worth them to come to UK on visit visa and then apply from here as a family member of EU national?

No. You cannot apply for the EUSS on a visitor visa. This will show evidence that their intention when asking for the visa was not to visit but to stay, and this will seriously affect their chances of further visas.

It is also of absolute no advantage. You will have to provide the same evidence to get a EUSS Family Permit outside of the UK or Pre-Settled Status inside. Being in the UK does not increase your chances if the evidence is the same.

[JB007]

1-yes they are his children but they both over 18 and a spouse including one grandchild..

2-yes he is dependent on the EU National as he is not working because of language issue in Spain.his wife worked for a while but now is on maternity leave.

Can your friend afford to keep them all if they can't find jobs? If they were in an EEA country, they might be claim welfare benfits from that country via their EEA citizen, but the UK had left the EU and their pre-settled status does not give access to UK benefits.