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Reply To: EU Settled Status or FLR (FP)

I don’t think that he may apply as a parent, if he is in a relationship with the child’s mother.

EU Settled Status or FLR (FP)

Hi,

I have a Turkish client who is in a genuine relationship with an EEA National who is Polish (they were married in an Islamic religious ceremony but not civil). She has 2 children both Polish Passports- one child is 8yrs old and the other child is 2.5yrs old. The Turkish National is the father of one of the Polish children (the youngest one at 2.5yrs) and he is also a good stepfather to the other child who’s biological father abandoned her.

The Turkish national is in the UK illegally.

The EEA National and her children were all granted PR under the Settled Status Scheme in the UK.

The question is should the Turkish client apply under the Settled Status Scheme as an extended family member OR apply under the FLR (FP) as the father of a child present and settled in the UK.

I have won several recent cases on the latter route but the children were British nationals and the partner/spouse was also British. The Home Office had no choice but to grant 30 months discretionary due to the guidelines relating to the protection of children (Section 55).

I am inclined to advise the client to opt for the second route but want a second opinion as to which route would be best for the above scenario??

Many Thanks

Malkeet

Reply To: Corresponding Bank Statements

Unfortunately, D(b) is discretionary?

7.

Ultimately, what the judge placed her decision upon was that, “if that is the case, and the ECO is not prepared to exercise discretion under paragraph D(b) in the Appellant’s failure, her application will again fall to be refused” (paragraph 28).

Reply To: Corresponding Bank Statements

Yes, I agree with that but if given the natural and ordinary meaning to the relevant paragraph, then the caseworker would have enough scope to create problems. Anyway, if caseworker suspects something, then I take under the circumstances Paragraph D(b)requires him to request further information from the applicant.

Reply To: Citizenship

See also Using the minimum earnings threshold to determine who is a ‘worker’.

Reply To: Citizenship

Thank you very much for the detailed feedback. I am still not sure what the criteria are and if I should have minimal earnings of £30.000 to apply for PR. I now have settled status but that can still be revoked any time I guess, especially in the first year as you have pointed out.
Kind regards,
Claudette

Reply To: Family reunion gone wrong

Non-attendance due to illness?

Reply To: EUSS Settled Status – less than 5 years

Moreover, if the qualifying period may be reduced in this manner, then repeating the same argument recursively, we could go from a qualifying period of 4 years six months to 4 years. Then from 4 years to 3 years six months, …., until the qualifying period becomes zero or less. This would lead to a person able to attain settled status, without having to reside in the UK at all.

Reply To: EUSS Settled Status – less than 5 years

Sorry. He could be a relevant EEA citizen prior to initial arrival.

I’m not sure how a qualifying period may start prior to the initial arrival into the UK. If a six month absence period before the initial arrival could be included in a qualifying period, then this would automatically reduce all qualifying periods from 5 years to 4 years and six months?

Reply To: EUSS Settled Status – less than 5 years

I’m not sure how a qualifying period may start prior to initial entry into the UK, as he wasn’t even a relevant EEA citizen at that time.

Reply To: LTR or ILR appropriate

Is there any hope of satisfying 298(i)(d), etc?

Reply To: LTR or ILR appropriate

If the children satisfy 298, then the refusal may be challenged.

Reply To: Family reunion gone wrong

So if he feared return to his country of origin the only option would be to claim asylum. Due to the country he is from and his visible religion there would be one grounds for asylum although, if he chooses this route, I doubt he would successfully navigate his way to Croydon.

LTR or ILR appropriate

Dear All
I am representing a client, whose two daughters (now over 18) entered UK with his wife in 2012. Although prior to July 2012, the rules conferred leave in accordance with settled spouse’s status, but the position was understandably changed by new rules whereby the children are entering with the similar leave as per their parent with limited leave.
The both sisters that I am representing entered with their mother to join their British sponsor/father in UK in 2012. Their leave was continuously extended and in March 2019, we were instructed to make an application for their settlement, given the both of them had necessary English certs and life in UK certs. At the same time we applied for their mother for another period of LTR since she had not passed the English and LIU test.

The decision was made to grant them another LTR instead of ILR in line with their mother. At the time of this application they were both over the age of 18 (albeit they were under 18 at the time of initial leave to enter in 2012). They had necessary qualifications, and it was un-necessary to extend their leave and not to grant ILR in my opinion, given that they are not dependent on their mother anymore and they have obtained necessary qualifications required for ILR.
will be grateful for your useful input so I can advise them accordingly, whether worth JR challenge or sit and wait for another two and half years. the decisions obviously impact on their life given they are 25 and 23 respectively and have to move on in their lives….

Reply To: Spouse absence further discussion Appendix FM

Thank you all for your advice, I will certainly take this on board.

Sonya

Reply To: Leave to remain-Polygamous marriage

Please any expert opinion on the above scenario ??

Thanks in advance

EUSS Settled Status – less than 5 years

I am looking for opinions on the standpoint of applying for Settled Status under Appendix EU – EU11 condition 3 when the date of application is 3 months short of the 5 year anniversary.

Eligibility Basis:
Where the applicant is (i) a Relevant EEA national and (b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and (c) Since then no supervening event has occurred.

Where continuous qualify period is defined as:
a period of residence in the UK and Islands; (a) which began before the specified date; and (b) during which none of the following occurred:(i) absence(s) from the UK and Islands which exceeded a total of six months in any 12-month period

No where can I see that an applicant had to be in the UK on the date of applications 5 years before? (ie Date of application Nov 29 2019 –> Nov 29 2014).

Can then as the rules are written, the 6 months of ‘absences’ be added to the end of the application date, allowing you to apply with 4.5 years?

If a caseworker did not agree, is admin review worth it?

The reason for not wanting to wait, is for access to Universal Credit for clients that do not meet the HRT.

Any thoughts welcome, including a flat no!

Reply To: UKVCAS not coming up to make appointment

Hi All,

Just did an appointment at SCS Croydon for an FLR FP- so despite having a valid leave, our client’s passport was retained. This seems to be a blanket procedure.

Reply To: Spouse absence further discussion Appendix FM

I would go for ILR too, I’ve had a client who was out of the country for literally 50% of the time for work (albeit often with her partner), and she got ILR. Given that the test for FLR(M) is that any leave must be ‘consistent with a continuing intention to live together permanently in the UK’ I imagine the same principle is applied? Thereby travel for holidays, work or sick family would presumably fall under this allowance.

Reply To: Parents of non-EEA spouse – switching from a visitor’s visa into EU Pre-Settled

Indeed,

That is what I have also suggested to the client.