Settlement application - minor

[Waseem432000]

Hi everyone,

Hoping to receive some advice on a EU settlement application for my sister and her kids.

1. My brother in law who was Italian citizen passed away in 2020, he had pre settlement at that time.
2. My sister is a Pakistani citizen who also had pre-settlement at that time. She entered UK on October 1 2019, was granted pre-settlement in Feb 2020 and has a full time job since then.
3. My niece (12) is Italian citizen and she also got her presettlement and has been in continuous education.
4. My nephew is also Italian, has pre settlement and in full time education.

When my brother in law passed, his family was only in UK for 7 months so less than a year. We checked the requirements for retained rights, informed EU settlement helpline so told us that they have updated their records and she doesn’t have any other action.

Now they have completed their 5 years residency and I was going through the application requirement for settlement, I can understand my sister doesn’t fulfill the requirements as they were only here in UK together for 7 months but I want to apply for settlement for all of them. I have some questions

1. My niece and nephew are minor so will there application be considered on its own merits or will be linked with their mother?
2. Will it be worth filing application for my sister’s retained rights for her late husband or should I wait for my niece and nephew’s applications to be decided and then applying for my sister’s application to settlement based on their status if their application is granted?

Looking forward to your guidance

[Br28016]

As Italian citizens then would have expected your niece and nephew to have qualified for settled status on their own merits. Key requirement would have been that they were EU citizens.

Their mother should have been able to qualify as either spouse of Italian Citizen or mother of Italian citizen. As such I think they should all be ok.

I would get the kids settlement application in now and then follow up with the mothers.

[contorted_svy]

I don't think the children's status would affect the mother's. You can apply for all of them as applications are free and see what the outcomes are. Best to attach evidence of your sister's retained rights as you did for pre-settlement.