EUSS SETTLEMENT FAMILY PERMIT (RU)

elena21x · Post by **elena21x** » Sat Dec 30, 2023 12:03 pm

Dear friends,

I would appreciate your advice on the matter.

I am applying for the EU Settlement Scheme Family Permit for my father (Citizen of Russian Federation).

I have dual citizenship of Latvia and Britain.
As you might know due to the ongoing situation in Ukraine, Russia is under sanctions. Due to that it has become impossible to send money to there.

In order to bring my father over to UK, I need to prove he is dependent on me. The most recent money transfers I made was to a friend in Belarus, who was then able to send money to my father in Russia.
However, my father does not use bank card, and many money transfers have been made by me previously into either his sister or friends bank accounts, and they used to pass it on to him in cash.

I understand it is very complicated, and I'm not sure if home office will accept such transfers as sufficient evidence.

Also, my father has dupuytrens disease on his hands, he is very limited in his activities, and due to that he cannot find a job. Would a letter from doctor be enough to prove that he needs my help in daily activities?

Please, advice me on your thoughts.

Kind regards
Jelena

Post by **Casa** » Sat Dec 30, 2023 5:53 pm

The option to benefit from the EUSS scheme for your father's settlement in the UK ended on the 31st December 2020.

The alternative route for an Adult Dependent Visa under the UK Immigration Rules includes the following strict criteria and isn't reliant on solely financial support as his sponsor:

- The parent must require daily care for basic tasks such as bathing, dressing and preparing simple meals
AND
- That care must either not be available in their home country or is not affordable.

The Case Worker will consider that if you are able to support your father's care costs in the UK, you would be able to do so for care in Russia.

Since the Immigration Rules were tightened for Adult Dependent applications on the 9th July 2012, this has become the most difficult visa to obtain. Any of the minimal successes have generally been through lengthy and expensive challenges through the Courts. Please bear in mind, that if you apply for this category of visa and fail, this will close the door for your father being granted a visitor visa in the future, due to his previous intention to settle.

You may find the article helpful from Free Movement in the link below, as it explains the requirements clearly.
https://freemovement.org.uk/adult-depen ... mpossible/

links · Post by **meself2** » Sat Dec 30, 2023 6:15 pm

It seems to be too late indeed to apply for EUSS now, unless there were some reasonable circumstances of not being able to apply earlier.
https://www.gov.uk/guidance/eu-settleme ... et-arrived

You can generally only apply as a dependent relative if you arrived in the UK by 11pm GMT on 31 December 2020. You cannot generally join your EU, EEA or Swiss citizen family member as a dependent relative under the EU Settlement Scheme if you arrived after 11pm GMT on 31 December 2020.

elena21x · Post by **elena21x** » Sat Dec 30, 2023 11:03 pm

Casa wrote: ↑
Sat Dec 30, 2023 5:53 pm
The option to benefit from the EUSS scheme for your father's settlement in the UK ended on the 31st December 2020.

The alternative route for an Adult Dependent Visa under the UK Immigration Rules includes the following strict criteria and isn't reliant on solely financial support as his sponsor:

- The parent must require daily care for basic tasks such as bathing, dressing and preparing simple meals
AND
- That care must either not be available in their home country or is not affordable.

The Case Worker will consider that if you are able to support your father's care costs in the UK, you would be able to do so for care in Russia.

Since the Immigration Rules were tightened for Adult Dependent applications on the 9th July 2012, this has become the most difficult visa to obtain. Any of the minimal successes have generally been through lengthy and expensive challenges through the Courts. Please bear in mind, that if you apply for this category of visa and fail, this will close the door for your father being granted a visitor visa in the future, due to his previous intention to settle.

You may find the article helpful from Free Movement in the link below, as it explains the requirements clearly.
https://freemovement.org.uk/adult-depen ... mpossible/

Thank you fir your reply, as far as I understand, the deadline for EUSS was 31 Dec 2020, but from my understanding there is no deadline for EUSS family permits. The statement below is from gov.uk website:

"Apply for an EU Settlement Scheme family permit"
You must apply online for an EU Settlement Scheme family permit.

You must be outside the UK to apply.

There’s no deadline for applications.

links · Post by **meself2** » Sat Dec 30, 2023 11:39 pm

elena21x wrote: ↑
Sat Dec 30, 2023 11:03 pm
but from my understanding there is no deadline for EUSS family permits.

But what are you going to do if your father gets a family permit? It's not intended for long term stay.
https://www.gov.uk/family-permit/after-family-permit

Your EU Settlement Scheme family permit will be valid for 6 months from the date of decision on your application.

You can try the "get a family permit - go to UK for 6 months - go back to Russia - get another permit in a lot of months - go to UK - repeat ", but I don't think UK government will just let that happen.

elena21x · Post by **elena21x** » Sun Dec 31, 2023 12:27 am

meself2 wrote: ↑
Sat Dec 30, 2023 11:39 pm

elena21x wrote: ↑
Sat Dec 30, 2023 11:03 pm
but from my understanding there is no deadline for EUSS family permits.
But what are you going to do if your father gets a family permit? It's not intended for long term stay.
https://www.gov.uk/family-permit/after-family-permit
Your EU Settlement Scheme family permit will be valid for 6 months from the date of decision on your application.
You can try the "get a family permit - go to UK for 6 months - go back to Russia - get another permit in a lot of months - go to UK - repeat ", but I don't think UK government will just let that happen.

From my understanding my father falls into following scenario:

a person with a derivative right to reside or a person with a Zambrano right to
reside who (in either case) arrived in the UK after 11pm GMT on 31 December
2020 with an entry clearance in the form of an EU Settlement Scheme family
permit granted under Appendix EU (Family Permit) on the basis they met the
definition in Annex 1 to that Appendix of ‘specified EEA family permit case’
See the EU Settlement Scheme Family Permit and Travel Permit guidance for
further information.
In a ‘relevant EEA family permit case’, you may consider there are reasonable
grounds for the person’s delay in making their application (where they do so after the
30 June 2021 deadline applicable to them) where they apply to the EU Settlement
Scheme as soon as they reasonably can (and generally within 3 months) following
their arrival in the UK.

links · Post by **meself2** » Sun Dec 31, 2023 12:34 am

elena21x wrote: ↑
Sun Dec 31, 2023 12:27 am

meself2 wrote: ↑
Sat Dec 30, 2023 11:39 pm

elena21x wrote: ↑
Sat Dec 30, 2023 11:03 pm
but from my understanding there is no deadline for EUSS family permits.
But what are you going to do if your father gets a family permit? It's not intended for long term stay.
https://www.gov.uk/family-permit/after-family-permit
Your EU Settlement Scheme family permit will be valid for 6 months from the date of decision on your application.
You can try the "get a family permit - go to UK for 6 months - go back to Russia - get another permit in a lot of months - go to UK - repeat ", but I don't think UK government will just let that happen.

From my understanding my father falls into following scenario:

a person with a derivative right to reside or a person with a Zambrano right to
reside who (in either case) arrived in the UK after 11pm GMT on 31 December
2020 with an entry clearance in the form of an EU Settlement Scheme family
permit granted under Appendix EU (Family Permit) on the basis they met the
definition in Annex 1 to that Appendix of ‘specified EEA family permit case’
See the EU Settlement Scheme Family Permit and Travel Permit guidance for
further information.
In a ‘relevant EEA family permit case’, you may consider there are reasonable
grounds for the person’s delay in making their application (where they do so after the
30 June 2021 deadline applicable to them) where they apply to the EU Settlement
Scheme as soon as they reasonably can (and generally within 3 months) following
their arrival in the UK.

How does your father come into derivative right to reside or Zambrano carer?
As far as I know (and from the quote below), derivative right to reside comes from minors residing in UK. You're not a minor for a long while I assume.
I'm happy to stand corrected, but see below.

https://www.gov.uk/government/publicati ... essible--2

Who is a ‘person with a derivative right to reside’?
A ‘person with a derivative right to reside’ is a person who has satisfied the Secretary of State by evidence provided that they are (and for the relevant period have been), or (as the case may be) for the relevant period they were either:

(a) resident for a continuous qualifying period in the UK which began before the specified date and throughout which all the following criteria are met:

they are not an exempt person

they are the primary carer of an EEA citizen

the EEA citizen is under the age of 18 years and resides in the UK as a self- sufficient person

and the subsequent points - can't properly copy and paste.
But the link provided gives a lot of information about derivative right to reside.

elena21x · Post by **elena21x** » Sun Dec 31, 2023 6:59 am

meself2 wrote: ↑
Sun Dec 31, 2023 12:34 am

elena21x wrote: ↑
Sun Dec 31, 2023 12:27 am

meself2 wrote: ↑
Sat Dec 30, 2023 11:39 pm

elena21x wrote: ↑
Sat Dec 30, 2023 11:03 pm
but from my understanding there is no deadline for EUSS family permits.
But what are you going to do if your father gets a family permit? It's not intended for long term stay.
https://www.gov.uk/family-permit/after-family-permit
Your EU Settlement Scheme family permit will be valid for 6 months from the date of decision on your application.
You can try the "get a family permit - go to UK for 6 months - go back to Russia - get another permit in a lot of months - go to UK - repeat ", but I don't think UK government will just let that happen.

From my understanding my father falls into following scenario:

a person with a derivative right to reside or a person with a Zambrano right to
reside who (in either case) arrived in the UK after 11pm GMT on 31 December
2020 with an entry clearance in the form of an EU Settlement Scheme family
permit granted under Appendix EU (Family Permit) on the basis they met the
definition in Annex 1 to that Appendix of ‘specified EEA family permit case’
See the EU Settlement Scheme Family Permit and Travel Permit guidance for
further information.
In a ‘relevant EEA family permit case’, you may consider there are reasonable
grounds for the person’s delay in making their application (where they do so after the
30 June 2021 deadline applicable to them) where they apply to the EU Settlement
Scheme as soon as they reasonably can (and generally within 3 months) following
their arrival in the UK.
How does your father come into derivative right to reside or Zambrano carer?
As far as I know (and from the quote below), derivative right to reside comes from minors residing in UK. You're not a minor for a long while I assume.
I'm happy to stand corrected, but see below.

https://www.gov.uk/government/publicati ... essible--2
Who is a ‘person with a derivative right to reside’?
A ‘person with a derivative right to reside’ is a person who has satisfied the Secretary of State by evidence provided that they are (and for the relevant period have been), or (as the case may be) for the relevant period they were either:

(a) resident for a continuous qualifying period in the UK which began before the specified date and throughout which all the following criteria are met:

they are not an exempt person

they are the primary carer of an EEA citizen

the EEA citizen is under the age of 18 years and resides in the UK as a self- sufficient person
and the subsequent points - can't properly copy and paste.
But the link provided gives a lot of information about derivative right to reside.

Yes, you're right, thank you. I have misunderstood that section. I have been reading a lot on this matter recently and confused myself.

But could you comment the statement below please?

Criteria for later deadlines and reasonable grounds for the delay in applying
In some cases, you can still apply after 30 June 2021.

For example, if you’re joining a family member who was living in the UK by 31 December 2020, your deadline will be based on when you arrive in the UK, as long as:

you were their family member by 31 December 2020 (this does not apply to children born or adopted after this date)
the family relationship still exists when you apply

elena21x · Post by **elena21x** » Sun Dec 31, 2023 7:08 am

elena21x wrote: ↑
Sun Dec 31, 2023 6:59 am

meself2 wrote: ↑
Sun Dec 31, 2023 12:34 am

elena21x wrote: ↑
Sun Dec 31, 2023 12:27 am

meself2 wrote: ↑
Sat Dec 30, 2023 11:39 pm

elena21x wrote: ↑
Sat Dec 30, 2023 11:03 pm
but from my understanding there is no deadline for EUSS family permits.
But what are you going to do if your father gets a family permit? It's not intended for long term stay.
https://www.gov.uk/family-permit/after-family-permit
Your EU Settlement Scheme family permit will be valid for 6 months from the date of decision on your application.
You can try the "get a family permit - go to UK for 6 months - go back to Russia - get another permit in a lot of months - go to UK - repeat ", but I don't think UK government will just let that happen.

From my understanding my father falls into following scenario:

a person with a derivative right to reside or a person with a Zambrano right to
reside who (in either case) arrived in the UK after 11pm GMT on 31 December
2020 with an entry clearance in the form of an EU Settlement Scheme family
permit granted under Appendix EU (Family Permit) on the basis they met the
definition in Annex 1 to that Appendix of ‘specified EEA family permit case’
See the EU Settlement Scheme Family Permit and Travel Permit guidance for
further information.
In a ‘relevant EEA family permit case’, you may consider there are reasonable
grounds for the person’s delay in making their application (where they do so after the
30 June 2021 deadline applicable to them) where they apply to the EU Settlement
Scheme as soon as they reasonably can (and generally within 3 months) following
their arrival in the UK.
How does your father come into derivative right to reside or Zambrano carer?
As far as I know (and from the quote below), derivative right to reside comes from minors residing in UK. You're not a minor for a long while I assume.
I'm happy to stand corrected, but see below.

https://www.gov.uk/government/publicati ... essible--2
Who is a ‘person with a derivative right to reside’?
A ‘person with a derivative right to reside’ is a person who has satisfied the Secretary of State by evidence provided that they are (and for the relevant period have been), or (as the case may be) for the relevant period they were either:

(a) resident for a continuous qualifying period in the UK which began before the specified date and throughout which all the following criteria are met:

they are not an exempt person

they are the primary carer of an EEA citizen

the EEA citizen is under the age of 18 years and resides in the UK as a self- sufficient person
and the subsequent points - can't properly copy and paste.
But the link provided gives a lot of information about derivative right to reside.
Yes, you're right, thank you. I have misunderstood that section. I have been reading a lot on this matter recently and confused myself.

But could you comment the statement below please?

Criteria for later deadlines and reasonable grounds for the delay in applying
In some cases, you can still apply after 30 June 2021.

For example, if you’re joining a family member who was living in the UK by 31 December 2020, your deadline will be based on when you arrive in the UK, as long as:

you were their family member by 31 December 2020 (this does not apply to children born or adopted after this date)
the family relationship still exists when you apply

I have also found this:

Length of validity
Where an EUSS family permit is issued, it will be valid for a period of 6 months from
the date of decision on the application.
The holder can enter the UK as many times as they wish within that period. Where
the holder arrived in the UK on or after 1 April 2021 and wishes to apply to the EUSS
as a joining family member, they have 3 months from their arrival in the UK to submit
a valid application under Appendix EU, unless there are reasonable grounds for their
delay in applying.

links · Post by **meself2** » Sun Dec 31, 2023 1:01 pm

Had another look - you might be right; don't see anything expicitly stopping you from this, but I'm not an expert on this; the passage I quotd was for qualifying family members, hence doesn't apply.
Other mods/knowledgeable folks will give insight.

Post by **alterhase58** » Sun Dec 31, 2023 2:00 pm

Not sure where this thread is, so many quotes,
but the EUSS Family Permit is not a visa, it is there to facility entry to the UK.
The expectation is that holder applies for EUSS (pre-settled) before the 6 month expiry.
Ignore if this is no longer discussed.

elena21x · Post by **elena21x** » Sun Dec 31, 2023 2:24 pm

alterhase58 wrote: ↑
Sun Dec 31, 2023 2:00 pm
Not sure where this thread is, so many quotes,
but the EUSS Family Permit is not a visa, it is there to facility entry to the UK.
The expectation is that holder applies for EUSS (pre-settled) before the 6 month expiry.
Ignore if this is no longer discussed.

Thank you very much! Really appreciate additional point of view on this case.

elena21x · Post by **elena21x** » Sun Dec 31, 2023 2:25 pm

meself2 wrote: ↑
Sun Dec 31, 2023 1:01 pm
Had another look - you might be right; don't see anything expicitly stopping you from this, but I'm not an expert on this; the passage I quotd was for qualifying family members, hence doesn't apply.
Other mods/knowledgeable folks will give insight.

Thank you! I appreciate your effort.

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