EUSS for mother in law

[qazqwer333]

Hi
I am EU citizen and my husband is NON EU family member. I want to apply EUSS for my mother-in-law. Can someone help me, bcoz she all ready had a 2 year visa which she applied last year in january. She came here in dec2020 on visit visa. Can i apply EUSS for her. If yes, then how long it took and what is the time scale. And the documents which i need to show. Is i need to show any dependency or is this assumed for parents.
Thanks

[goodpartner]

as far as I know, it is assumed. But, would be helpful to hear from senior experienced users to hear what documents to submit?

[Momoly]

I doubt one can apply to the settlement scheme within the uk while on visit visa.

[JB007]

I doubt one can apply to the settlement scheme within the uk while on visit visa.

You must be outside the UK to apply.
https://www.gov.uk/family-permit/eu-set ... ily-permit

[kamoe]

I doubt one can apply to the settlement scheme within the uk while on visit visa.

As per the EU Settlement Scheme casework guidance, you can apply on a visitor visa if the visa was issued before December 1st 2020, or are the spouse or civil partner, or some specific conditions are met (see below). Otherwise, no, you cannot:

Not in the UK as a visitor
Where the application is made within the UK, then, to meet the eligibility requirements for indefinite leave to remain (under rule EU11A) or limited leave to remain (under rule EU14A) as a joining family member of a relevant sponsor, the applicant must not be in the UK as a ‘visitor’, in accordance with that definition in Annex 1 to Appendix EU.

This means that the applicant has not been granted leave under paragraphs 40-56Z, 75A-M or 82-87 of the Immigration Rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020, unless both:

• they are the spouse or civil partner of a relevant sponsor (as described in subparagraph (a)(i)(bb) of the definition of ‘joining family member of a relevant sponsor’ in Annex 1 to Appendix EU), such as the applicant was the durable partner of the relevant sponsor before the specified date (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before that date rather than at the date of application) and the partnership remained durable at the specified date, or they are the specified spouse or civil partner of a Swiss citizen

• their leave permitted them to marry or form a civil partnership in the UK with that relevant sponsor or with that Swiss citizen and they did so

[kamoe]

Actually see my comment on this post. The cutoff date fror the visitor visa to have been issued seems to be 24 of April 2015.

[qazqwer333]

Actually see my comment on this post. The cutoff date fror the visitor visa to have been issued seems to be 24 of April 2015.

Hi
My mom applied 2 year visitor visa in jan 2017 expired in jan2019
Again she applied MAR2020 and she came here in dec2020.
Bcoz of pandemic she cant travel that time.
Before we dont know about EUSS FAMILY PERMIT
later we got information about EUSS then we decide to apply, but that time she already have a visitor visa.
And VFS not responding for any email what should we do if we want to apply for EUSS FP.

[kamoe]

Again she applied MAR2020 and she came here in dec2020.

OK, I'm sorry,. It seems your mother can apply after all.

I just realised that the bit about not being on a visitor visa only applies if the applicant is a "Joining family member", in other words, if they arrived in the UK after December 31st 2020. Therefore this restriction does not apply to your mother, she made it into the UK on the nick of time.

Bcoz of pandemic she cant travel that time.
Before we dont know about EUSS FAMILY PERMIT
later we got information about EUSS then we decide to apply, but that time she already have a visitor visa.

Not really a restriction for your mother, but just to clarify this further: the problem is not the fact of having the visitor visa, the problem is currently being in the UK on that visitor visa. If your mother had not come before December 31st 2020 and had the visitor visa, she could still apply if she went back home and applied there for a FP within the deadline. But as I said, the restriction does not apply to her.

And VFS not responding for any email what should we do if we want to apply for EUSS FP.

She does not need a EUSS FP to apply for the Settlement Scheme. The EUSS FP is an entry document, to allow applicants to enter the UK. Your mother is already in the UK, hence no need.

She can apply to the Settlement Scheme using the "Online+post" option.

I believe all she needs is:

1. Her passport
2. Your own application number, which will be asked to be filled on the online form, and
3. Proof that she is your mother (copies are fine, this can all be uploaded to the application site). The usual and sufficient document is the birth certificate. However, I know birth certificates issued in some countries might no be proof enough since both parents aren't always named in these documents; so do check what your birth certificate says.)

You need to tick a checkbox where you state she is dependant on you, but you do not need to prove this or provide any evidence.

[qazqwer333]

Again she applied MAR2020 and she came here in dec2020.

OK, I'm sorry,. It seems your mother can apply after all.

I just realised that the bit about not being on a visitor visa only applies if the applicant is a "Joining family member", in other words, if they arrived in the UK after December 31st 2020. Therefore this restriction does not apply to your mother, she made it into the UK on the nick of time.

Bcoz of pandemic she cant travel that time.
Before we dont know about EUSS FAMILY PERMIT
later we got information about EUSS then we decide to apply, but that time she already have a visitor visa.

Not really a restriction for your mother, but just to clarify this further: the problem is not the fact of having the visitor visa, the problem is currently being in the UK on that visitor visa. If your mother had not come before December 31st 2020 and had the visitor visa, she could still apply if she went back home and applied there for a FP within the deadline. But as I said, the restriction does not apply to her.

And VFS not responding for any email what should we do if we want to apply for EUSS FP.

She does not need a EUSS FP to apply for the Settlement Scheme. The EUSS FP is an entry document, to allow applicants to enter the UK. Your mother is already in the UK, hence no need.

She can apply to the Settlement Scheme using the "Online+post" option.

I believe all she needs is:

1. Her passport
2. Your own application number, which will be asked to be filled on the online form, and
3. Proof that she is your mother (copies are fine, this can all be uploaded to the application site). The usual and sufficient document is the birth certificate. However, I know birth certificates issued in some countries might no be proof enough since both parents aren't always named in these documents; so do check what your birth certificate says.)

You need to tick a checkbox where you state she is dependant on you, but you do not need to prove this or provide any evidence.

thanks for reply
i checked my birth cert., it shows parents name and my passport show aswell the parents name ( in my country passport shows parents name too).
When home office rang us i make him understand the relationship which might be they are confused.
And upload the proofs again what they asked to do. Now we r just waiting...
ONE MORE THING
Can my mom travel to home country if she still not received reply for EUSS application?

[kamoe]

Can my mom travel to home country if she still not received reply for EUSS application?

Yes, she can. For most applications under UK rules this is not allowed, but exceptionally applicants for the Settlement Scheme can indeed travel in and out of the UK while their application is decided, without this resulting in the withdrawal of the application. Many people don't know this.

Obviously this is all covid restrictions dependent. Mind the fact if she travels mid-year she might find herself locked out of a mostly vaccinated country with high restrictions on in flights coming from so called red-flagged countries...

[qazqwer333]

Can my mom travel to home country if she still not received reply for EUSS application?

Yes, she can. For most applications under UK rules this is not allowed, but exceptionally applicants for the Settlement Scheme can indeed travel in and out of the UK while their application is decided, without this resulting in the withdrawal of the application. Many people don't know this.

Obviously this is all covid restrictions dependent. Mind the fact if she travels mid-year she might find herself locked out of a mostly vaccinated country with high restrictions on in flights coming from so called red-flagged countries...

THANKS FOR THIS INFORMATION