EU national trying to live in the UK after brexit

[kofi75]

Good Evening,
Please my cousin is a Spanish citizen who entered UK last year.She enrolled for secondary school and has passed her GCSE but the challenge is she is being asked to produce her status to be accepted into University. She is living with our Aunty who is under the EUSS.
Please I need an advice as to how she can regularised her stay.
Thank you.

[Casa]

Good Evening,
Please my cousin is a Spanish citizen who entered UK last year.She enrolled for secondary school and has passed her GCSE but the challenge is she is being asked to produce her status to be accepted into University. She is living with our Aunty who is under the EUSS.
Please I need an advice as to how she can regularised her stay.
Thank you.

Did your cousin enter the UK last year as a visitor?

See the information in the link below
https://study-uk.britishcouncil.org/mov ... ent-advice

[kofi75]

Thank you for the prompt response.
Yes please She entered as a visitor

[Casa]

Thank you for the prompt response.
Yes please She entered as a visitor

Has her 6 months visitor expired? In order to apply under the EU Settlement Scheme the cut-off was 30 June 2021.

In my honest opinion, she would need to return to Spain and apply for a Student visa from there. However, wait for others to advise if she has any other options.

[Ticktack]

Thank you for the prompt response.
Yes please She entered as a visitor

She's overstayed in the UK by at least 3 months. That's never going to be in her favour.

The rules are different now. It's one rule for all!

[secret.simon]

How old is your cousin? How did your aunt acquire status under the EUSS? As an EEA citizen, as the spouse of an EEA citizen or in some other way?

[kamoe]

She enrolled for secondary school and has passed her GCSE but the challenge is she is being asked to produce her status to be accepted into University.

Do you mean A-levels? You need A-levels to apply for University.

She is living with our Aunty who is under the EUSS.

On top of @secret.simon's questions, it is important you clarify what is her relationship to your aunt. Is your aunt her mother, or her aunt? (I could assume is her aunt, but just double checking).

This is important because aunts-nieces are extended family, and there is no provision for extended family members to join EU nationals under the EU Settlement Scheme, if she is not dependant and did not arrive in the UK before December 31st 2020. After that date, the route is only for direct descendants.
https://www.gov.uk/settled-status-eu-ci ... ily-member

You can also apply if you’re related to someone from the EU, Switzerland, Norway, Iceland or Liechtenstein - or you’re related to their spouse or civil partner - if you’re their:

child, grandchild or great-grandchild under 21 years old
dependent child, grandchild or great-grandchild over the age of 21
You can also apply as a dependent parent, grandparent or great-grandparent if you have a relevant document to prove your relationship.

You can apply as another type of dependent relative if both of the following apply:

you were living in the UK by 31 December 2020
you have a relevant document to prove your relationship

Please I need an advice as to how she can regularised her stay.

You don't just go to a country, overstay your visa, then regularise your stay. It does not work like that. You usually need to have come through a legal route and in that sense I agree with @Casa, the way to go is very likely for her to go back to Spain and do it correctly with a student visa from the start. That is exactly what Brexit brought about, I'm afraid.

[vinny]

If she’s over 18, then her overstay may trigger a 1 year re-entry ban.