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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Immigration Law
Satisfied Customers: 2224
Experience:  Dual qualified Solicitor and Attorney
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I m the dependent parent of the spouse if an EU citizen. My

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I m the dependent parent of the spouse if an EU citizen . My eu daughter in law has been granted settled status. I am currently in the uk kn a visitor Visa and wish to apply for more settled status. but my EU daughter in law will not give me her application reference number because of our difficult relationship. I am a non EU citizen. What can I do please?
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: No I have not filed any paperwork. I am a Jamaican citizen in the UK as a visitor.
Assistant: Have you talked to a lawyer about the visitor visa?
Customer: Yes. It has not expired yet
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: That I wish to apply for pre settled status under the scheme

Hi

Further to your question unfortunately you will need the details of your daughter in law and she will need to fully support your application for you to be able to remain in the UK.

If you daughter in law supports your application you need to apply for a Residence Card, if successful you will be granted leave for a period of 5 years. Kindly note that as part of the application you will need to prove that you are dependent on your daughter in law and provide evidence of the same.

I hope this answers your question.

Kind Regards

Kind Regards

 

Customer: replied 5 days ago.
Thank you for your email. If you read the caseworker guidance for the EU settlement scheme, you will see it states that for a dependent parent, dependence is assumed. You dont need to prove dependence. You are applying the criteria under the old scheme.

Second on pages 52 and 53 of the caseworker guidance for the EU settlement scheme, it talks about case workers accepting alternative evidence of the identity of the EU citizen from the applicant when there is a breakdown in the relationship between the EU citizen and the applicant. Please read it. It is not just referring to a marriage breakdown. So it seems there is some scope for applying when the relationship has broken down permanently.

Please kindly review your advice in the light of the above.

Hi

Further to your question my advice is based on my knowledge and experience. Kindly note that you are not the dependent parent but an in-law, which is classed as a extended family member. Secondly the guidance you are referring to is for the the breakdown of the relationship between a couple.

Kind Regards

Customer: replied 5 days ago.
Wow you re saying the dependent parent of the spouse of an EU member is classed as extended family under the EU settlement scheme? And not classed as a dependent parent? Clearly you're not familiar with the EU settlement scheme then. Extended family is a different category with different rules from that for the parent of the spouse of an EU citizen
Read it up, I m afraid you're wrong.
Customer: replied 5 days ago.
I m sorry I m going to have to give a very poor rating because you havent even bothered to check up on this.
Customer: replied 5 days ago.
My question relates to an application for pre-settled status under the EU Settlement Scheme which is currently open to EU citizens and their families in the UK. I am the dependent parent of my son and his EU wife. His wife now has settled status under the scheme. As a result of a difficult relationship with my daughter in law, she refuses to provide her EU settlement reference number which I need in order to apply for the Scheme.

On pages 52 and 53 of the Guidance to the Scheme, there is a reference to casewirkers accepting alternative evidence from an applicant where there is a permanent breakdown in the relationship between the applicant and the EU citizen. I appreciate that this would apply to a an applicant who is the spouse for example, but it is not expressly stated as applying in those circumstances alone. May I rely on this to make an application and rely as alternative evidence, upon the fact that the Home office actually has the reference number that I need for my application?

I hope this makes sense. Thank you.

Hi thank you for your message, the caseworker guidance is slightly confusing on this point because it makes clear that you can still apply and that one reason for not producing the relevant evidence of the relationship with the EEA family member is a breakdown of the relationship and then goes on to discuss such applications need to be referred to a senior caseworker and that any such application needs to be judged on its merits and then goes on to discuss alternative evidence but all the alternative evidence appears to be about you as the applicant. That said, one thing to note is that you can apply as the parent of the spouse of an EEA citizen so if you can show that your the mother of your son such as with a birth certificate and then show your son is married to his wife with a marriage certificate which is a matter of public record that should get you there. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
I do appreciate your advice and thank you. I agree that the birth certificate and marriage certificate get me two thirds of the way but how do I prove that my daughter in law is an EU citizen living in Britain? That's the issue isnt it? That's what the reference number does. Will the Home Office agree to apply her reference number which is currently in their possession?

Do you have any previously issued document showing you are the family member of this EU national? Or any other documentation like that? Did you sign the marriage certificate as a witness of the marriage?

Customer: replied 5 days ago.
The answer to your first question is no. Even if I signed their marriage certificate (which I did not), that does not prove that she is an EU citizen. The issue of being a family member is provable by a)the birth certificate which has my name; and b) their marriage certificate which links my son and his wife. What will be missing is proof that she is from the EU and that she resides in Britain.

Hi thank you for your message, your only option therefore, is to apply and then indicate your relationship and they can check their records for your daughter in law's application or indicate what other evidence they will accept in the event of relationship breakdown which they recognise in their guidance they accept. You can then use your other documents to establish your link to her. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
Thank you.

Glad I could help, I would appreciate if you could please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin, Solicitor
Category: Immigration Law
Satisfied Customers: 2224
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Immigration Law Specialists are ready to help you

Thank you, much appreciated.