EU Settlement for Nephew

That extension was for those the UK will still allow to stay: that list you were given in the reply letter.. Nephew is not a close family member under the withdrawal agreement (or under EU Regs, as explained before). That route closed on 31 December 2020 as my link above states and I don’t recall that being extended.

I asked about entering as a visitor as visitors have a limit to what they will be given for free.

You really should be asking UK CEN about if your nephew can use the EUSS route still or whether it is too late, or whether there is anything under the EUSS for NI. Perhaps also ask them what your nephew’s immigration status is inthe UK too?

No the EUSS is certainly still open and allowing applications.

Furthermore, the reasons they refused it had nothing to do with it being past Brexit date. The specified date was the original deadline given to PRESENT EU citizens and their partners to apply for status. But it has nothing to do with children or family members who were adopted or made legal wards after that date.

Also, I'm not sure why you think I haven't already asked about his immigration status?

In fact I spoke with another representative today and he guaranteed my nephew would continue to be able to rely on his Certificate of Application while the administrative review is being completed. And, while he didn't say so explicitly, he did recognise that it seemed out of the ordinary that they would have refused it.

Further to your query regarding entering as a visitor, I have read the guidance, far more times than I'd really care to admit, so I'm very certain there is no restriction on an EU family member entering as a visitor and applying to the EUSS.

As far as what he'll be given for free, well, I'm a taxpayer and business owner, so I figure I'm already paying his way through my NICs, VAT payments and the taxes my partner pays on his wages. Don't you worry about what he's entitled to, he's just 10 years old...

In fact I spoke with another representative today and he guaranteed my nephew would continue to be able to rely on his Certificate of Application while the administrative review is being completed. And, while he didn't say so explicitly, he did recognise that it seemed out of the ordinary that they would have refused it.

Further to your query regarding entering as a visitor, I have read the guidance, far more times than I'd really care to admit, so I'm very certain there is no restriction on an EU family member entering as a visitor and applying to the EUSS.

Did you read this about who can use the NHS without being billed?


Family members of the people of Northern Ireland

As this group is exempt from paying the surcharge, the charging regulations have been amended to provide a specific exemption to eligible family members of the people of Northern Ireland, to ensure they are not chargeable. To be exempt, an eligible family member must have been granted pre-settled or settled status under the EUSS as the family member of a relevant person of Northern Ireland or as a person who has retained a right of residence by virtue of a relationship with a relevant person of Northern Ireland (unless they fall into one of the other exemption categories) and be ordinarily resident in the UK. An eligible family member will not be required to have indefinite leave to remain (settled status) for the purpose of the ordinary residence test, however they must hold pre-settled status, if they do not. OVMs will therefore only need to consider the 'properly settled' criterion of the test. Further information of what it means to be 'properly settled' in the UK for the time being can be found in chapter 3 of the main guidance.
https://www.gov.uk/government/publications/ways-in-which-people-can-be-lawfully-resident-in-the-uk/ways-in-which-people-can-be-lawfully-resident-in-the-uk#overview

https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means

As far as what he'll be given for free, well, I'm a taxpayer and business owner, so I figure I'm already paying his way through my NICs, VAT payments and the taxes my partner pays on his wages. Don't you worry about what he's entitled to, he's just 10 years old...

Oh I'm not worried. How little taxes you pay to the UK (or even if you paid a large amount), or what your partner pays,  has nothing to do with what a foreign national relative will be given in the UK. What is given depends on the visa they are on in the UK.
 

Did you read this about who can use the NHS without being billed?


Family members of the people of Northern Ireland

As this group is exempt from paying the surcharge, the charging regulations have been amended to provide a specific exemption to eligible family members of the people of Northern Ireland, to ensure they are not chargeable. To be exempt, an eligible family member must have been granted pre-settled or settled status under the EUSS as the family member of a relevant person of Northern Ireland or as a person who has retained a right of residence by virtue of a relationship with a relevant person of Northern Ireland (unless they fall into one of the other exemption categories) and be ordinarily resident in the UK. An eligible family member will not be required to have indefinite leave to remain (settled status) for the purpose of the ordinary residence test, however they must hold pre-settled status, if they do not. OVMs will therefore only need to consider the 'properly settled' criterion of the test. Further information of what it means to be 'properly settled' in the UK for the time being can be found in chapter 3 of the main guidance.
https://www.gov.uk/government/publications/ways-in-which-people-can-be-lawfully-resident-in-the-uk/ways-in-which-people-can-be-lawfully-resident-in-the-uk#overview

https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means

Thanks for your reply, but I think you're a bit confused.

My partner is an Irish citizen, having been born in Dublin and resided in the Republic until 2000 at which point he exercised his EU rights to move to the UK (Northern Ireland). The rules for "People of Northern Ireland" refer solely to those who may identify as British or Irish, however they are originally from Northern Ireland. Trust me I've scrutinised the guidance. My EUSS residence was based on being the non-EU partner of an EU citizen, and not only that, all of my previous residence cards were issued on that basis. Northern Ireland just happens to be where we live.

Not to sound rude, but I'm not sure what your stake in this is and you seem to be throwing out info that is irrelevant to my situation, so I'd appreciate if you'd re-read all my posts, gather the facts and then read the guidance information I've linked to. After that if you THINK you have further info, then maybe I'll entertain your opinion.

My partner is an Irish citizen, having been born in Dublin and resided in the Republic until 2000 at which point he exercised his EU rights to move to the UK (Northern Ireland).

That's a shame as those born in NI and at the time of their birth had at least one parent who was Irish/British/dual Irish and British,  seem to have a lot more rights under the UK's EUSS (EU Settlement Scheme).

And your partner alsways could move to the UK, but he needed to exercise the EU's free movement treaty rights to bring you to the UK under EU rules.

The rules for "People of Northern Ireland" refer solely to those who may identify as British or Irish, however they are originally from Northern Ireland.

No, it means those born in NI could use the EU's Free Movement of People Directive 2004, instead of using UK immigration rules for Non-EEA citizen family members, if they met the requirments. It doesn't matter if they identified as British or Irish. Before that, they had to renouce their British citizenship to be able to use their irish citizenship to use the EU's Free Movement, to bring family to the UK.

When the UK ended the EU's Free Movement to the UK, those Irish born in NI can use the UK's EUSS (EU Settlement Scheme) and that is under UK rules. Or they can use the UK's Immigration Act 1971 to bring family to the UK, just as those who are only Irish citizens can still do.

Not to sound rude, but I'm not sure what your stake in this is and you seem to be throwing out info that is irrelevant to my situation, so I'd appreciate if you'd re-read all my posts, gather the facts and then read the guidance information I've linked to. After that if you THINK you have further info, then maybe I'll entertain your opinion.

I'm not giving you an opinion, I'm giving you the rules.

I really do hope you get pre-settled status or better still settled status, granted to your non-EEA citizen nephew. However the CoA is not pre-settled or settled status and you might want to look at the NI NHS site to see if you should have health insurance for your nephew, who entered as a visitor. If he had entereded on an EUSS permit, he could have applied to the EUSS as soon as he arrived. Why didn't you apply to the UK for that permit for him?

I have found the answer to my question asking you why you didn't apply for for an EUSS Family Permit for your nephew before he entered the UK: he had to meet these requirements.

Eligible family members

You can apply if you’re one of the following family members:

    spouse, civil partner or unmarried partner
    child or grandchild under 21
    dependent child or grandchild over 21
    dependent parent or grandparent

This includes family members who were adopted under an adoption order that’s recognised in UK law.

You can also apply if you’re one of the following family members of the spouse or civil partner:

    their child or grandchild aged under 21
    their dependent child or grandchild over 21
    their dependent parent or grandparent
https://www.gov.uk/family-permit/apply-joining-family-member-eu-switzerland-norway-iceland-liechtenstein


It's the 6 month EU's EEA Family Permit that has different rules, but the UK stopped issuing those when they ended the EU's Free Movement to the UK from 31 December 2020. By it's very nature, the EEA Family Permit was used by non-EEA citizens to move to the UK.

Now, there is only the the UK's EU Settlement Scheme Family Permit (quoted above) that some may be able to get.

EEA family permit

You can no longer apply for an EEA family permit. If you already have an EEA family permit, it stopped being valid after 30 June 2021.

If you applied for an EEA family permit before 30 June 2021, you will get a decision on your application as soon as possible.
Coming to the UK after 30 June 2021

You may be able to apply for an EU Settlement Scheme family permit to come to the UK.
https://www.gov.uk/family-permit/eea-family-permit

It’s UKVI being dumbasses saying he’s not a child or grandchild and that they can’t approve a visa.  Proper bonkers.  No doubt this was handled by a junior member of staff and not someone with experience.  It should be quite easy for the refusal decision to be overturned. 

This thread on UKCEN might make it easy to understand his refusal?
https://www.forum.ukcen.com/forum/application-support/other-routes/86054-euss-refusal

I know that is about an EEA citizen seven year old child who arrived after 31 December 2020 (that date was the end of the EU's Free Movement to the UK) and her older sister is allowed to live in the UK as she arrived before that date, but EEA citizens too now have to meet the UK Settlement Scheme rules and a sister is not a direct family member.

As you can also see from that thread, under the EU's Free Movement, only an EEA or Swiss citizen could sponsor someone under the EU rules, even if that non-EEA citizen was/had been sponsored to an EEA country under the EU rules. Now, an EEA citizen who was sponsored to the UK, cannot sponsor anybody under the UK's EUSS rules.

Another thread here from UKCEN, where this person wanted to bring their non-EEA citizen brother to the UK after the 31 December 2020.
https://www.forum.ukcen.com/forum/application-support/other-routes/82981-can-i-sponsor-my-brother

And somebody who had wanted to bring their EEA citizen 17 year old niece to the UK after 31 December 2020.
https://www.forum.ukcen.com/forum/application-support/other-routes/73977-bringing-my-family-to-uk


It's such a shame UKCEN closed a few days ago as they have helped lots of people who wanted to stay in/move to the UK, since the UK left the EU.  They would have likely known about what happens under the EUSS with your guardianship of your nephew and some of their lawyers appeared to be pro bono. I hope you are getting good legal advice.

You know, I was about to waste time on a reply to you with all the reasons you've got this all wrong.

However, just check this definition for a "dependent relative" under the EU Rules Appendix 1:

the person:
(a)(i)(aa) is a relative (other than a spouse, civil partner, durable partner, child or dependent parent) of their sponsoring person; and
(bb) is, or (as the case may be) for the relevant period was, a dependant of the sponsoring person, a member of their household or in strict need of their personal care on serious health grounds; or
(ii) is a person who is subject to a non-adoptive legal guardianship order in favour (solely or jointly with another party) of their sponsoring person; or
(iii) is a person under the age of 18 years who:
(aa) is the direct descendant of the durable partner of their sponsoring person; or
(bb) has been adopted by the durable partner of their sponsoring person, in accordance with a relevant adoption decision; and
(b) holds a relevant document as the dependent relative of their sponsoring person for the period of residence relied upon (unless, in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(viii) of that entry in this table, the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline to which that sub-paragraph refers); for the purposes of this provision, where the person applies for a relevant document (as described in sub-paragraph (a)(i)(aa) or (a)(ii) of that entry in this table) as the dependent relative of their sponsoring person before the specified date and their relevant document is issued on that basis after the specified date (or where the person relies as their relevant document, as described in sub-paragraph (a)(iv) of that entry in this table, on an EU Settlement Scheme Family Permit granted to them under Appendix EU (Family Permit) to these Rules as a ‘dependent relative of a specified relevant person of Northern Ireland’, as defined in Annex 1 to that Appendix), they are deemed to have held the relevant document since immediately before the specified date

in addition, ‘sponsoring person’ means:
(a) (where sub-paragraphs (a)(i) and (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or
(ii) the spouse or civil partner (as described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table) of a relevant EEA citizen (in accordance with the applicable entry in this table); or
(iii) a qualifying British citizen; or
(iv) the spouse or civil partner (as described in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family member of a qualifying British citizen’ in this table) of a qualifying British citizen; or
(b) (where the first sub-paragraph (a)(ii) in this entry and sub-paragraph (b) above apply or the first sub-paragraph (a)(iii) in this entry and sub-paragraph (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or
(ii) a qualifying British citizen

That's a direct copy and paste from here: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu

First of all, I am the sponsoring person and as I've already stated numerous times, I'm the civil partner of an Irish citizen, who was born in the Republic (so he's an immigrant to the UK).

Second, we have a permanent custody order from the State of Alabama (a duly recognised legal authority) granting me "sole legal and physical care, custody and control of the minor child", so it's VERY clear he is now my dependent.

Third, the UK recognises foreign custody orders, as evidenced here: https://www.gov.uk/government/publications/custody-orders-valid-in-the-uk

Fourth, ALL of this is subject to the paragraph in the Caseworker Guidance entitled "The best interests of a child"

Where a child or children in the UK will be affected by the decision, you must have regard to their best interests in making the decision. You must carefully consider all the information and evidence provided concerning the best interests of a child in the UK and the impact the decision may have on the child.

found here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1069096/EU_Settlement_Scheme_EU_other_EEA_Swiss_citizens_and_family_members.pdf

Finally, it still baffles me that you're concerned with this issue. Could you shed some light on why it matters so damn much that you need to stick your oar in?

You know, I was about to waste time on a reply to you with all the reasons you've got this all wrong.

However, just check this definition for a "dependent relative" under the EU Rules Appendix 1:

the person:
(a)(i)(aa) is a relative (other than a spouse, civil partner, durable partner, child or dependent parent) of their sponsoring person; and
(bb) is, or (as the case may be) for the relevant period was, a dependant of the sponsoring person, a member of their household or in strict need of their personal care on serious health grounds; or
(ii) is a person who is subject to a non-adoptive legal guardianship order in favour (solely or jointly with another party) of their sponsoring person; or
(iii) is a person under the age of 18 years who:
(aa) is the direct descendant of the durable partner of their sponsoring person; or
(bb) has been adopted by the durable partner of their sponsoring person, in accordance with a relevant adoption decision; and
(b) holds a relevant document as the dependent relative of their sponsoring person for the period of residence relied upon (unless, in the case of a family member of a qualifying British citizen as described in sub-paragraph (a)(viii) of that entry in this table, the Secretary of State is satisfied that there are reasonable grounds for the person’s failure to meet the deadline to which that sub-paragraph refers); for the purposes of this provision, where the person applies for a relevant document (as described in sub-paragraph (a)(i)(aa) or (a)(ii) of that entry in this table) as the dependent relative of their sponsoring person before the specified date and their relevant document is issued on that basis after the specified date (or where the person relies as their relevant document, as described in sub-paragraph (a)(iv) of that entry in this table, on an EU Settlement Scheme Family Permit granted to them under Appendix EU (Family Permit) to these Rules as a ‘dependent relative of a specified relevant person of Northern Ireland’, as defined in Annex 1 to that Appendix), they are deemed to have held the relevant document since immediately before the specified date

in addition, ‘sponsoring person’ means:
(a) (where sub-paragraphs (a)(i) and (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or
(ii) the spouse or civil partner (as described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table) of a relevant EEA citizen (in accordance with the applicable entry in this table); or
(iii) a qualifying British citizen; or
(iv) the spouse or civil partner (as described in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family member of a qualifying British citizen’ in this table) of a qualifying British citizen; or
(b) (where the first sub-paragraph (a)(ii) in this entry and sub-paragraph (b) above apply or the first sub-paragraph (a)(iii) in this entry and sub-paragraph (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or
(ii) a qualifying British citizen

That's a direct copy and paste from here: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu

First of all, I am the sponsoring person and as I've already stated numerous times, I'm the civil partner of an Irish citizen, who was born in the Republic (so he's an immigrant to the UK).

Second, we have a permanent custody order from the State of Alabama (a duly recognised legal authority) granting me "sole legal and physical care, custody and control of the minor child", so it's VERY clear he is now my dependent.

Third, the UK recognises foreign custody orders, as evidenced here: https://www.gov.uk/government/publications/custody-orders-valid-in-the-uk

Fourth, ALL of this is subject to the paragraph in the Caseworker Guidance entitled "The best interests of a child"
 found here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1069096/EU_Settlement_Scheme_EU_other_EEA_Swiss_citizens_and_family_members.pdf

Finally, it still baffles me that you're concerned with this issue. Could you shed some light on why it matters so damn much that you need to stick your oar in?

Hold on a second, you mean you've researched everything?  You followed both US and UK processes and procedures, ensured all governments agreed that it was in the best interest of the child for you to assume parental responsibility?  All BEFORE removing the child from their education, state, and country?  And then filed all the appropriate documentation in a timely manner inside the UK?  I mean.... irresponsible much? 

I've said it before and I'll say it again.  I'm so glad your nephew has you in his life.  I imagine his life has improved 100 times over since being in a safe, secure, loving home.  Keep up the good work!

Hold on a second, you mean you've researched everything?  You followed both US and UK processes and procedures, ensured all governments agreed that it was in the best interest of the child for you to assume parental responsibility?  All BEFORE removing the child from their education, state, and country?  And then filed all the appropriate documentation in a timely manner inside the UK?

I know, it's almost like I've had to apply for a visa/residence card before. And I did it also in France and I had to do the exact same type of research, except at that point I had to get an ombudsman involved because they weren't giving me any option either. In the end the Paris Prefecture of Police had to call and apologise. But no, that wouldn't mean I'm on top of anything nowadays....

Well thought I'd give a (non)update to what is going on so far.

I suppose with the Ukraine crisis and the Rwanda debacle the Home Office have needed to try to sort out their shambolic handling of other immigration issues, which is understandable. So there isn't much to report, however I did have communication from my MP's caseworker to say that they have resumed regular updates, but that the case is in administrative review.

They mentioned that the administrative review should usually take about 4 weeks, however a recent search for timescales proved that indeed, they are overwhelmed (in too deep?) with immigration crises, so it could take anywhere up to 6 months.

So just to wait. It's been two months so far, but happy that we still have his passport and the certificate of application for our holiday this year. Fortunately we're avoiding flying from or back into the U.K. and travelling via Dublin (yay Ireland!)

Well, we're still waiting.

I just received the Subject Access Request for my nephew and did note that they got his date of birth wrong in a few places.

We haven't heard a thing from the administrative review other than the obligatory 3-month non-update update stating it was in review.

So, they really only have about 5/6 weeks left before they'll reach the 6 month mark.

Meanwhile, my nephew has settled in really well and will be starting P7 next week!

I thought of you when I saw this following post on one of the large immigration boards.
https://www.immigrationboards.com/eea-route-applications/euss-proving-dependency-for-child-over-21-t332804.html

Another non-EU citizen who thought he could use the EU Settlement Scheme to sponsor somebody to the UK as he came to the UK under EU rules; promptly being told he can't "as you are not an EU citizen".

I thought of you when I saw this following post on one of the large immigration boards.
https://www.immigrationboards.com/eea-route-applications/euss-proving-dependency-for-child-over-21-t332804.html

Another non-EU citizen who thought he could use the EU Settlement Scheme to sponsor somebody to the UK as he came to the UK under EU rules; promptly being told he can't "as you are not an EU citizen".

You thought of me? Why?

My nephew is my legal ward for starters, so there's a massive difference. Second he is 10 years old, while the "dependent" in your example is 27, not sure if you noted the difference?
Also, the adult child in that instance was only visiting his parents and then they wanted him to stay but he returned to Sweden.
Your example is ludicrous.

Until you can provide anything of value, just leave the post alone.

Are you aware that a US citizen is not an EU citizen? Only EU citizens can sponsor somebody to the UK using the EUSettlement Scheme.

Are you aware that a US citizen is not an EU citizen? Only EU citizens can sponsor somebody to the UK using the EUSettlement Scheme.

Wanna bet?

My partner is an Irish citizen from the Republic exercising his existing EU rights to live in the UK and has done since 2000.

I previously held two separate 5-year EU residence cards before securing my 10-year ILR EUSS card.

So...according to the Appendix EU rules they define a "sponsoring person" for a dependent relative as

(a)(i)(aa) is a relative (other than a spouse, civil partner, durable partner, child or dependent parent) of their sponsoring person; and

(ii) is a person who is subject to a non-adoptive legal guardianship order in favour (solely or jointly with another party) of their sponsoring person;

in addition, ‘sponsoring person’ means:
(a) (where sub-paragraphs (a)(i) and (b) above apply):
(i) a relevant EEA citizen (in accordance with the applicable entry in this table); or
(ii) the spouse or civil partner (as described in sub-paragraph (a) of the entry for ‘family member of a relevant EEA citizen’ in this table) of a relevant EEA citizen (in accordance with the applicable entry in this table);

Pretty sure that a "sponsoring person" as explained in the rules can be the spouse or civil partner of any nationality as long as they're the spouse or civil partner of an EU citizen.

Trust me, this is not an argument you will win with me and you'll just end up making a fool out of yourself