EU Settlement Scheme Family Permit Advice

[jothi049]

Hi

I m a french citizen residing in uk applied for settled status with my 3 yrs old son and received settled status for both . My wife is from India and on EU dependant visa holding 5 years residence card living with me since 2016 .

I have already applied EU settled application for my wife through mobile app on Nov 2019 and the application is delayed till now.

Recently I have acquired british citizenship Feb2020 when I called now to get update from case worker they have said I cannot be a sponsor to my wife anymore as I m a British citizen now and they requested to fill another application EU Settlement Scheme Family Permit but lenght of validty for this 6 months .

Please advise what would be the best option for my wife to reside with me and continue having her Indian nationality .

[Richard W]

I m a french citizen residing in uk applied for settled status with my 3 yrs old son and received settled status for both . My wife is from India and on EU dependant visa holding 5 years residence card living with me since 2016 .

I have already applied EU settled application for my wife through mobile app on Nov 2019 and the application is delayed till now.

Recently I have acquired british citizenship Feb2020 when I called now to get update from case worker they have said I cannot be a sponsor to my wife anymore as I m a British citizen now and they requested to fill another application EU Settlement Scheme Family Permit but lenght of validty for this 6 months .

Where is your wife? Has her RC been cancelled? Has it been lost?

My first thought is that this should not be happening, because you appear to be a 'relevant naturalised British citizen', but you will need proof that you are such a person.

There are 2 requirements:

1) That you are a national of an EEA country: satisfied.
2) At the time of naturalisation and ever since, if you had not naturalised, you would be a qualified person or someone who has permanent residence. (You may start as a qualified person and become a permanent resident in that period.)

So, have you achieved permanent residence, and do you have a DCPR to prove it? Alternatively, have you been a qualified person ever since you naturalised?

How did you demonstrate that you were not 'in breach of the immigration laws' during the 5 years before your application for naturalisation?

[jothi049]

Hi Richard ,

Thank you for replying


My wife residing with me and her RC is due to expire on June 2021 .


Yes I have permanent DCPR card proving 5 years of residence and after a year I have applied for naturalisation and got it. So based on my DCPR I should be able to sponsor my wife correct me if I m wrong. If yes could you let me know what application should I proceed

[Richard W]

My suggestion is either reapply, or if the application is still in process, to try sending the following question via https://eu-settled-status-enquiries.ser ... pplication . Do check that what is said is true - I have made at least two assumptions. The question needs to come from your wife, so:

Having applied under the EU settlement scheme, I was advised (apparently by the case worker) to complete an application form for an EU settlement scheme family permit. However, I am already resident and present in the UK, so this form is inappropriate.

I am eligible for limited leave to remain under Condition EU14(1) as applied to Condition EU11(3). I am the 'family member of a relevant EEA citizen' (wife, to be precise).

My husband Mr Nnnnn Sssss is a 'relevant EEA citizen', being a national of France, and is also a 'relevant naturalised British citizen'. He was issued DCPR rreeffnnoo on dd-mmm-yyyy, and his NI record will confirm that he has not been absent from the UK for two years since that date. His qualification for a DCPR included the completion of a qualifying period of residence. At the date of naturalisation, he held French passport xxxxxxx, which was current from dd-mmm-yyyy to dd-mmm-yyyy.

I think you will be sent another form for your wife to complete, but at least this time it should be a correct form. The conditions reference Appendix EU of the Immigration Rules. The terms bounded by apostrophes ('') are defined in that appendix.

It worries me that your wife was told to apply for a family permit. Whoever decided that your wife should complete one cannot have understood the current situation. It's the sort of nonsense I would expect from a helpline, not from a case worker.