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EUSS - PARENTS VISA REFUSED ON BIRTH CERTIFICATE

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

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nkhalid
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Posts: 6
Joined: Mon Jul 03, 2017 12:19 pm

EUSS - PARENTS VISA REFUSED ON BIRTH CERTIFICATE

Post by nkhalid » Thu Jan 14, 2021 9:23 am

HI All,

I got 2 enquires

1. My parents were refused Visa under EUSS based on the fact the birth certificate of their daughter who is married to EU national and settled in UK did not have both parents name mentioned on the certificate, while its a common practice here in Pakistan to mention only the father's name, I do have family registration certificate now though which clearly mentions all family members and proves the relation even if we take out the birth certificate out, now the question is should I appeal against the decision and provide the family registration certificate as new evidence in that OR I launch a new application based on new evidence ?

2. 2nd question related to that is if its true this scheme will only get residence status to those who have completed 6 months before the scheme ends in June ? Whats the signifance of time line here which I should consider in deciding whether to appeal or do a new application ?

Many thanks in advance
Nabil

kamoe
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Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EUSS - PARENTS VISA REFUSED ON BIRTH CERTIFICATE

Post by kamoe » Thu Jan 14, 2021 2:33 pm

nkhalid wrote:
Thu Jan 14, 2021 9:23 am
1. My parents were refused Visa under EUSS based on the fact the birth certificate of their daughter who is married to EU national and settled in UK did not have both parents name mentioned on the certificate, while its a common practice here in Pakistan to mention only the father's name, I do have family registration certificate now though which clearly mentions all family members and proves the relation even if we take out the birth certificate out, now the question is should I appeal against the decision and provide the family registration certificate as new evidence in that OR I launch a new application based on new evidence ?
From what I can gather, if it is concluded that you failed to provide sufficient evidence the first time around, as it seems to be the case, then any appeal is likely to fail.

Also, from what I can gather, in general terms, an appeal is usually much lengthier than a fresh application; but this might depend on each country, etc. Take this with a pinch of salt.
2. 2nd question related to that is if its true this scheme will only get residence status to those who have completed 6 months before the scheme ends in June ? Whats the signifance of time line here which I should consider in deciding whether to appeal or do a new application ?
Where do you get that information from? Looks like a rephrasing of the false "deadline" of moving to the UK by December 31st 2020. That is NOT the deadline for the non-EU family member moving, that was the deadline for the EU sponsor moving.

Eligible non-EEA family members can still apply if the EU national already has Status under the Settlement Scheme, and if the family relationship started before 31st December 2020; applications possible between now and any time before June 30th 2021.
https://www.gov.uk/settled-status-eu-ci ... ily-member
If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
If you’re not living in the UK by 31 December 2020, you’ll still be able to apply if all of the following are true:
  • your family member was living in the UK by 31 December 2020
  • your relationship began by 31 December 2020 (unless you are a child born or adopted after that date)
  • you remain a close family member when you apply, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent
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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