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EUSS for seaman from Norway

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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mian20245
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EUSS for seaman from Norway

Post by mian20245 » Tue Aug 06, 2024 12:11 am

Dear experts,
I have pre-settled status and came from Norway to the UK in 2020. It will expire at the end of 2025. I work for a Norwegian shipping company and spend most of my time at sea. However, I live in the UK and bought a permanent house recently. I do not claim any benefits and earn around £65,000 annually, but my taxes are paid in Norway through the shipping company. My job as a machine mechanic involves alternating between being at sea and in the UK.

My wife and two kids live in the UK. When I applied to sponsor my father-in-law, mother-in-law, and sister-in-law, the application was rejected due to a lack of dependency and because they could not verify that I live in the UK. I did not mention my job status in the application, but they might have found out through National Insurance or Income Tax records. Is there any residency issue that prevents me from sponsoring anyone?

Thanks
Shah

mian20245
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Re: EUSS for seaman from Norway

Post by mian20245 » Thu Aug 08, 2024 9:42 am

Any knowledgeable about the topic? Or even any information about the residency requirements in such circumstances?

secret.simon
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Re: EUSS for seaman from Norway

Post by secret.simon » Thu Aug 08, 2024 2:02 pm

What are your nationalities?

If you have an EEA passport (which is not stamped when entering the UK) and your work is not taxed/registered in the UK, it is very hard, if not impossible, for you to prove that you live in the UK. Most EEA citizens living in the UK generally prove their residence in the UK by their jobs being in the UK. In your case, your physical job and its pay are both outside the UK, so it would be very hard to prove that you are actually resident in the UK.

By default, the Home Office goes by data from HMRC and the DWP to show that you reside in the UK. In your circumstance, both of them will turn up blank, as you neither work in the UK nor work for a UK based company.

Have a look at Chapter 32 of the EUSS caseworker guidance for other forms of evidence that you can use to prove that you are resident in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mian20245
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Re: EUSS for seaman from Norway

Post by mian20245 » Fri Aug 09, 2024 9:25 am

Many thanks. But would working abroad itself be an issue? I have kids and a wife in the UK. I have bought a house which docs will come shortly. I also council tax etc. It is the nature of the job and my skills which are not available in the UK that is why I work outside the country. But I sell my salary to the Uk account etc as well. thanks

mian20245
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Re: EUSS for seaman from Norway

Post by mian20245 » Fri Aug 09, 2024 9:37 am

...And how many minimum days I need to be in Norway to sponsor my inlaws? Thanks

secret.simon
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Re: EUSS for seaman from Norway

Post by secret.simon » Fri Aug 09, 2024 10:43 am

mian20245 wrote:
Fri Aug 09, 2024 9:25 am
I have bought a house which docs will come shortly.
Buying a house is not proof of residence. Many people buy houses as investment or for renting out.

What are your nationalities? And to which country do you want to sponsor your parents-in-law to?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Ticktack
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Re: EUSS for seaman from Norway

Post by Ticktack » Fri Aug 09, 2024 11:08 am

secret.simon wrote:
Fri Aug 09, 2024 10:43 am
mian20245 wrote:
Fri Aug 09, 2024 9:25 am
I have bought a house which docs will come shortly.
Buying a house is not proof of residence. Many people buy houses as investment or for renting out.

What are your nationalities? And to which country do you want to sponsor your parents-in-law to? From this statement below, I deduce it's the UK
My wife and two kids live in the UK. When I applied to sponsor my father-in-law, mother-in-law, and sister-in-law, the application was rejected due to a lack of dependency and because they could not verify that I live in the UK. I did not mention my job status in the application, but they might have found out through National Insurance or Income Tax records. Is there any residency issue that prevents me from sponsoring anyone?
You can't sponsor anyone that isn't part of your nuclear family to live in the UK. You can help with their visit visa, but that's where it ends.
No sin in failing, you just have to try and try again!

mian20245
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Re: EUSS for seaman from Norway

Post by mian20245 » Sat Aug 10, 2024 10:04 am

Thanks for your reply. As I mentioned, under the EUSS, I can sponsor my in-laws. I have been in the UK since 2020, and since then, my wife and kids have been living here as well. I hold a Norwegian passport. I worked in the UK for about a year, but the salary wasn't sufficient. My background is in ship mechanics, and it was difficult to find a job in the UK. As a result, I rejoined my previous company in Norway, so I continue to return to the UK whenever the ship docks in Norway. My work involves being at sea, traveling around the world on an oil exploration ship. Throughout this time, my wife and two children have remained in the UK. A few months ago, I also purchased the house in the UK where we have been living, so I have proof of residency. Additionally, my children's school records, GP, council tax payments, and our joint bank account are all based in the UK. This joint account shows the salary I transfer regularly.

The only issue is the nature of my work, which keeps me away from the UK. If I worked in the UK, I wouldn't be able to afford the rent and might need to rely on benefits. Despite this, I have never received any social benefits during all these years.

I sponsor my father-in-law, mother-in-law, and sister-in-law, who depend on me financially. I regularly send them money, and they live in my house in Afghanistan. My sister-in-law, who is around 27 years old, has some mental health issues. She is unmarried and cannot be left alone; she requires close supervision.

The Home Office has asked for proof of our relationship, so we conducted DNA tests (my wife with parents and sister). They also requested additional evidence of financial dependency. However, the Home Office also noted (not in the refusal objection) that they couldn’t find sufficient evidence of my residence in the UK. This might imply that they believe I am not employed/living in the UK.

My main concern now is providing proof of residency since I spend almost half the year at sea and in international waters. What can be done about this? This can impact my naturalization process, but is it likely to affect my ability to sponsor my family from Afghanistan to the UK?

secret.simon
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Re: EUSS for seaman from Norway

Post by secret.simon » Sun Aug 11, 2024 5:47 am

mian20245 wrote:
Sat Aug 10, 2024 10:04 am
A few months ago, I also purchased the house in the UK where we have been living, so I have proof of residency.
Owning a house in the UK is not proof of residency. It is merely proof of owning property in the UK.
mian20245 wrote:
Sat Aug 10, 2024 10:04 am
my children's school records, GP, council tax payments, and our joint bank account are all based in the UK.
This can help. But you need proof from government sources, such as tax receipts, correspondence with DWP, etc.
secret.simon wrote:
Thu Aug 08, 2024 2:02 pm
Have a look at Chapter 32 of the EUSS caseworker guidance for other forms of evidence that you can use to prove that you are resident in the UK.
I would suggest not naturalising until your dependents all have Settled Status. If you become a dual British/EEA national, the paperwork for Settled Status for your dependents can get more involved.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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contorted_svy
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Re: EUSS for seaman from Norway

Post by contorted_svy » Fri Aug 16, 2024 1:31 pm

I believe for EUSS you can prove your residence in the UK with UK bank statements that show transactions.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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