EEA Family Visa 4 months now

[Zenfold]

Hello,

I'm currently waiting for my in-laws' EEA Visa Permit to be accepted, the application started in July, Biometrics in September 14th.

My question is, if their visa gets accepted AFTER the brexit date, how can they get pre-settled status or extend their visa for another 5 years? Or is that now going to be impossible? Surely there's some other way they can extend their visa?



Thank you!

[kamoe]

December 31st is NOT the deadline for applying for the Settlement Scheme. That is only is the deadline for the EEA sponsor to start living in the UK.

Family members of a EEA sponsor who has already started living in the UK prior to December 31st, and has status under the Settlement Scheme, can apply until June 30th 2021.

[Zenfold]

Sorry maybe my question wasn't specific, I meant when they arrive after 31st of December, how would they go about getting a 5 year extension?

[kamoe]

Sorry maybe my question wasn't specific, I meant when they arrive after 31st of December, how would they go about getting a 5 year extension?

It's really not clear what you are trying to ask. One gets Pre-Settled status by applying for it. What exactly in this process is not clear to you?

Is there a particular aspect of their case that you believe is challenging? Please be specific.

[Zenfold]

So basically you can get Pre-settled status to live in the UK for another 5 years, correct? If my in-laws come to the UK after 31st December, how do I go about extending their visa to live here for longer?

That's all I'm trying to ask

[alterhase58]

UKSS Family Permit isn't really a visa - it's just a permit to enter the country - you are expected to apply for settled status asap or latest by six months.

[kamoe]

So basically you can get Pre-settled status to live in the UK for another 5 years, correct?

Pre-Settled status is given for 5 years from the moment of application.

If my in-laws come to the UK after 31st December, how do I go about extending their visa to live here for longer?

Are you saying you want to get your in-laws a status that gives them the right to stay for more than 5 years straight away? That's not possible.

The process for everyone coming to the UK under the Settlement Scheme is the following:
1. Apply for EUSS Family Permit abroad
2. Arrive in the UK on EUSS Family Permit
3. Apply for Pre-Settled Status inside the UK
4. After completing 5 years of continuous residence in the UK under Pre-Settled Status, apply for Settled Status.
5. From the moment Settled Status is acquired one has permanent right to stay in the UK.

There is no way to have Pre-Settled status granted for longer than 5 years straight away. It is possible, however, to hold Pre-Settled Status for more than 5 years, if one re-applies for status some time after the first status and before the 5 years have been completed. One will be re-issued another Pre-Settled Status for another 5 years.

For example, if your in-laws apply for Pre-Settled Status in 2021, then again in 2023. In this case they will first be issued Pre-Settled Status until 2026 the first time; then until 2028 the second time. But not sure why anyone would want to do this instead of waiting until 2026 (when 5 years complete) to apply and get Settled Status. Note that in any case, their relevant EEA sponsor still needs to reside in the UK throughout their residency period for them to qualify for status the next time they apply.

[kamoe]

I was just wondering if you might just be really confused thinking that only EEA citizens can apply for the Settlement Scheme. That you think that your in-laws cannot apply for the Settlement Scheme, and that you are trying to ask what is the "equivalent" application that they can apply for, so that they can stay in the UK for 5 years in the same way their EEA sponsor can stay in the UK for 5 years.

Is that your question??? (you are not explaining clearly what you are asking!!!)

If that's the case then, just so that is clear for everyone: Both EEA citizens and their family members can apply for the Settlement Scheme. Your in-laws can apply for Pre-Settled and Settled Status once they are in the UK.

So to your first question "how to they go about extending their Family Permit", the answer is, as I tried to answer the first time around: By applying for Pre-Settled Status.

[Zenfold]

Sorry I'll try again, English is my 4th language, sorry for the confusion.

I will try to be very specific.

My wife entered the UK a year ago, she obtained a BRC which is valid for 5 years. Meaning, she can stay in the UK for another 5 years after her Spouse Visa of 6 months. That was scrapped because of the EU Settlement Scheme, she is now Pre-Settled and she can legally stay in the UK for another 5 years because the BRC is no longer valid after 31st December. So my wife is basically fine she can remain for another 5 years as she is pre-settled.

My in-laws on the other hand, I've done an EEA Family Permit for them all 6 people in total, we still haven't got the decision back. And we're getting close to 31st of December which is the deadline to apply for the EU settlement scheme. IF they arrive before that date, and they apply for EU Settlement, they can now live in the UK legally for another 5 years as their EEA Family Permit is only for 6 months. And what if they arrive after the deadline? How do I go about extending their visa to multiple years instead of only 6 months?

My issue is, if they arrive in the UK after the deadline? How do I go about legally extending their visa for another 5 years if the EU Settlement scheme is no longer valid as they came to the country after the deadline?

I hope it makes sense now, sorry for the confusion.

What I want to do, is try to get an extension of their family visa so they can live in the UK for multiple years, not just 6 months.

[kamoe]

And we're getting close to 31st of December which is the deadline to apply for the EU settlement scheme.

Are you reading my answers at all?
31st of December is NOT the Deadline to apply for the Settlement Scheme. That is the FIRST thing I said in my FIRST answer above.

If your in-laws are issued EEA Family Permits, even if that happens after December 31st 2020, they will be able to apply for the EU Settlement Scheme after December 31st and up until 30th June 2021.

[Zenfold]

I'm talking about if they were to enter AFTER 31st of december. Can they still apply for the EU settlement scheme? The gov.uk says that's the deadline for entering the UK then applying

[White_Pearl]

I'm talking about if they were to enter AFTER 31st of december. Can they still apply for the EU settlement scheme? The gov.uk says that's the deadline for entering the UK then applying

Yes they can, even if they enter after 31st dec.
Kamoe has explained you word by word, he cannot make it easier

[osa12345]

So basically you can get Pre-settled status to live in the UK for another 5 years, correct?

Pre-Settled status is given for 5 years from the moment of application.

If my in-laws come to the UK after 31st December, how do I go about extending their visa to live here for longer?

Are you saying you want to get your in-laws a status that gives them the right to stay for more than 5 years straight away? That's not possible.

The process for everyone coming to the UK under the Settlement Scheme is the following:
1. Apply for EUSS Family Permit abroad
2. Arrive in the UK on EUSS Family Permit
3. Apply for Pre-Settled Status inside the UK
4. After completing 5 years of continuous residence in the UK under Pre-Settled Status, apply for Settled Status.
5. From the moment Settled Status is acquired one has permanent right to stay in the UK.

There is no way to have Pre-Settled status granted for longer than 5 years straight away. It is possible, however, to hold Pre-Settled Status for more than 5 years, if one re-applies for status some time after the first status and before the 5 years have been completed. One will be re-issued another Pre-Settled Status for another 5 years.

For example, if your in-laws apply for Pre-Settled Status in 2021, then again in 2023. In this case they will first be issued Pre-Settled Status until 2026 the first time; then until 2028 the second time. But not sure why anyone would want to do this instead of waiting until 2026 (when 5 years complete) to apply and get Settled Status. Note that in any case, their relevant EEA sponsor still needs to reside in the UK throughout their residency period for them to qualify for status the next time they apply.

Is there any documentation around re-applying pre-settled status and extending the expiry date? I am not sure if you could extend the expiry date of your pre-settled status. If you re-apply before your 5 year residency is reached, you will probably receive pre-settled status but with the same deadline as your previous one

[kamoe]

I'm talking about if they were to enter AFTER 31st of december.

This is perfectly clear. All of my answers above assume your family members arrive in the UK after December 31st.

I have tried to stress several times that December 31st is the deadline for the EEA national, in this case YOU, to arrive in the UK, not a deadline for your family members.

Can they still apply for the EU settlement scheme?

For the third time: yes, since they are not missing any deadline.

The gov.uk says that's the deadline for entering the UK then applying

Be aware that the home page of the EU Settlement Scheme is addressed to EEA nationals, and advises they should enter the UK by December 31st 2020. Again this is for the sponsoring EEA nationals NOT for their family members. Also it clearly says the deadline for applying is June 30th 2021.

Since your in-laws are not EEA nationals, you should not stop at the home page and should go further to the relevant section If you're not an EU, EEA or Swiss citizen
, where it says:

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:

• your family member has either settled or pre-settled status

• your relationship began before 31 December 2020

• you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent

Provided the in-laws are issued family permits, whenever that happens, they will be treated as close family members and will meet all three conditions to be admitted after December 31st.

[kamoe]

Is there any documentation around re-applying pre-settled status and extending the expiry date? I am not sure if you could extend the expiry date of your pre-settled status. If you re-apply before your 5 year residency is reached, you will probably receive pre-settled status but with the same deadline as your previous one

EU Settlement Scheme caseworker guidance, page 25-26 Further applications:

If you grant pre-settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status. The date of the first grant of pre-settled status will remain the start date of their pre-settled status. The expiry date of their pre-settled status will be five years from the date of decision on the further application for pre-settled status.

[SHM201]

Hi,
I understand that close family members can come after 31st DEC on EEA permit or EUSS permit and apply for a pre-settled status after 31st DEC but before end of June 2021.

What happens to the extended family who can only fly after 31st DEC (waiting for passport)?
The applicant is Non-EEA, dependent family permit

[kamoe]

Hi,
I understand that close family members can come after 31st DEC on EEA permit or EUSS permit and apply for a pre-settled status after 31st DEC but before end of June 2021.

What happens to the extended family who can only fly after 31st DEC (waiting for passport)?
The applicant is Non-EEA, dependent family permit

Everyone's case is different. As you've seen the full context of an answer is usually only unearthed after a lot of digging, so better not to piggyback on someone else's post. Open a new question and you'll have a tailored answer.

[SHM201]

eea-route-applications/eea-family-permi ... 10232.html

Here is new post i have created

[Zenfold]

Second topic here.

It's been 4 months since my in-laws biometrics for EEA family permit in Iraq.

No news, no calls, no contact. Their TLSContact phone app says they're in part 2 of 4 which is decision making centre.

My patience is running out, I am worried it will be refused even though we gave all the right information, however 4 months is a long time.

I have contacted my local MP whom said give me 20 working days and I'll find out, I don't know what he can actually tell me, probably that the visa is still undergoing decision making.

I have sent them 5 emails paying 2.74 every time to check if there's any updates.

Someone in the Iraq office told us that it's just because of COVID19 that there are significant delays.

I just don't know. I know if they cannot come to the UK I will have to move to Iraq as I cannot live without my in-laws as my real parents have abandoned me and I am estranged from them.

Has anyone's EEA Family Permits come back recently? And if so, can you tell me how long it took?

[JB007]

I just don't know. I know if they cannot come to the UK I will have to move to Iraq as I cannot live without my in-laws as my real parents have abandoned me and I am estranged from them.

In your posts you state you are a Dutch citizen. eea-route-applications/eea-family-visa- ... l#p1972747

There is still Free Movement allowed in 31 European countries ("member states") and for their Family Members too. Your EU country is a member state and you can use Free Movement to move to any of the other 30 countries.

It's only Free Movement to the UK that ended, because the UK left and is no longer a "member state".

[JB007]

December 31st is NOT the deadline for applying for the Settlement Scheme. That is only is the deadline for the EEA sponsor to start living in the UK.

Family members of a EEA sponsor who has already started living in the UK prior to December 31st, and has status under the Settlement Scheme, can apply until June 30th 2021.

And here is the UK government link for this.
https://www.gov.uk/eu-eea