PR Obtained 2018 Non EU retained right after divorce, NEW wife non EU, I applied for herwith daughter under EUSS,

[Praise18]

Hello to all Brilliant gurus on this board. First of all, I will admit that this site has helped a lot of people and I think I am one of the most beneficiaries of all.
I I am grateful to our GOD for the knowledge given to us here and calming our worries down .

My case:
Non EU
MARRIED TO EU
Divorce after the retained right of a resident
MARRIED an English and didn't work out again, then Divorce
Now Married my former Fiancee back home in 2020 AUG, she got two kids for me by then
I applied online for EUSS ON 09/02/2021 immediately sent COA and the RECEIPT stated i should link any of my family to my reference UNIQUE APPLICATION NUMBER(AuN)34....................
My non-EU wife and kids also i submitted EUSS FAMILY Permit for them because I read that persons with the retained rights must apply both for themselves and their family under the agreement before the time June 30th ends. The application was submitted link it with my application (AUN). I am to know if any body could advise me here if such application is straightforward and if anywhere such application has to be made AND APPROVED .and what chances are there as PR CARD HOLDER of retained rights has under this big granting immigration aid for NON-EU PR person? will my EUSS be successful? Could my application linked to my NON-EU family be consider.
They have done their Biometric at the VISA centre already a month ago. Now waiting.
Thank you all

[CR001]

You cannot apply for the EUSS family permit if you are a non EU citizen. Only an EU citizen can sponsor family under the EUSS route etc.

You have to apply under the more expensive and difficult spouse and child visa route under the UK immigration rules, meeting all the requirements.

[Praise18]

They did their Biometric, and my UAN was provided that I should link any family member with it.Again when I retained the right of resident with PR and I already applied to confirm my settled status are you also saying that would not be granted to me? If the need is the family permit is granted, will be revoked when they realized it was issued under mistake?
Thank you for all the help here. But I am a bit optimistic I don't know why .Please answer this for me

[CR001]

They don't qualify for a family permit because you are not an EU citizen.

Makes no difference if you have linked it to your status, they still don't qualify because you cannot sponsor them for a family permit under the EU settled scheme as a non EU citizen.

It will be refused.

You need to apply for the visas in the link below and you must meet the financial requirment of £24,800pa and your spouse list meet the English requirment. Visa fee currently is £1523 each plus IHS of +/- £1716 each.

https://www.gov.uk/uk-family-visa/partner-spouse

[secret.simon]

EU Settlement Scheme family permit: join an EU, EEA or Swiss citizen

You can apply for an EU Settlement Scheme family permit to come to the UK if all of the following are true:

you’re the eligible family member of an EU, EEA or Swiss citizen, or a ‘person of Northern Ireland’
your family relationship began by 31 December 2020
your family member was living in the UK by 31 December 2020
your family member is in the UK already or traveling with you to the UK within 6 months of your application

Who you can join
The person you’re joining must be one of the following:

an EU, EEA or Swiss national
a person of Northern Ireland
someone who lived in the UK as an EU, EEA or Swiss citizen before also getting British citizenship
an EU, EEA or Swiss citizen who is exempt from immigration control
an EU, EEA or Swiss citizen who travels regularly to work in the UK but lives outside of the UK (also known as a ‘frontier worker’)
a British citizen who also has dual EU, EEA or Swiss nationality and was settled in the UK before 16 July 2012 without using their free movement rights (also known as a ‘McCarthy’ case)

Your family member must meet the eligibility criteria for the EU Settlement Scheme even if they have not applied or cannot apply. This means that they:
were resident in the UK by 31 December 2020
pass criminal record checks

A non-EEA citizen with either PR or retained rights of residence has never been able to sponsor their further family members via the EEA Regulations or the Settled Status scheme.

Once they had acquired either PR or Settled Status, they could sponsor their spouses and children under the same, much tougher rules as British citizens (including the Minimum Income Requirements, the non-EEA spouse having to pass an English speaking test, etc).

[Praise18]

Having PR meaning even your retained rights as member is lost automatically and where is the point of saying he has retained the rights as Famiky member . I think retained right must not be used here I stand to be corrected if I am because if a non EU member as retained his rights must have it just as her partner too .This is a wrong wording called retained rights on what ??? Doesnt makes sense at all. Put me through please . Thank you
How can I applied famiky gone for biometric and now is going to be refused ? Ahh

[CR001]

Your PR is not affected and has nothing to do with what we have said.

Your retained rights does not apply or benefit to your new wife to use the EU route.

It is simple, as someone who holds PR and is a non EU citizen, you cannot sponsor YOUR family under the EU rules or EU settlement scheme

You only have the more expensive immigration rules spouse visa option you can use to bring your family.

[secret.simon]

Even in Article 12(2) of the EU Directive 2004/38/EC on freedom of movement, it is stated explicitly that retained rights of residence are held by the former family member of an EEA citizen "exclusively on a personal basis" (i.e. the former family member has an individual right to continue to reside in the EEA member-state). It does not make them the equivalent of an EEA citizen for other purposes.

And your individual right to reside permanently in the UK is unaffected. Your PR is treated the same as ILR acquired by non-EEA citizens under other immigration pathways and indeed, you need to meet the same requirements as British citizens themselves.

Put me through please . Thank you

Put you through where?

[Praise18]

Sarah!Hmm !Ok but this is going to be painful for me both mentally and financially.
Thank you .

[CR001]

Unfortunately there is no way you can avoid the financial costs to bring your family to the UK.

[Praise18]

Today I have received this non straightforward email from LiverPool office .
I I thought it could be automatic refuse as advised in this forum . What do you advise me on this expedite things . Let me know if they will refuse or grant my family or contact my MP .PLRASE read between the ho.eoffice email lines and advise. Gid will bless you all .

Dear S ...............
........



Regarding Visa Application: ................
...........

For: MR .........





Thank you for applying for a UK visa. Your visa application has been received and is under consideration.


Unfortunately your application has not been straightforward and it will therefore take longer to process, we are unable to provide a time scale as to when individual applications will be concluded. We are continuing to work on your application and aim to make a decision as soon as possible. We will write to you again if there is any change to this.


Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection.



Kind Regards,


UK Decision Making Centre

[Praise18]

Any reply based on the EMAIL from Homeoffice? Can somebody help to read this email and tell me please ?

[CR001]

It's a generic email. Many applicants get this email across all visa categories. Simply means it will take longer as it says in the email.

[Praise18]

As with your experience with this kind of email could you tell me when actually the longer time will take? Thank you so I can be at peace please !!

[CR001]

No one can tell you how long it will take. All you can do is wait.

[Obie]

This application will not succeed.

They will refuse it as you do not qualify, for the reasons that has already been provided.

[askmeplz82]

I agree with everyone . Your application will be refused or Invalid 100% sooner or later

[Praise18]

I so optimize that the application might be given discretion consideration based on all document were correct only the EU QUALIFICATION that is absent in the application .. I believe God will perform a miracle on this one, despite all the discouraging truth comment and objectives on such application

[CR001]

The application will fail and be refused.

The caseworkers don't have the option of exercising discretion in this case because you are not an EU citizen. You simply do not meet the requirements of the rules.

[Macaela May]

Any news on what happened to the application here?