EUSS Family Permit. What if you are a parent, but not “dependent”?
As the law stands, it is not possible to make an application based on the provisions of Appendix EU (Family Permit) to join your child (or their spouse) in the UK if you are not their “dependent” parent.
So you can apply for an EUSS Family Permit to join your child (or their spouse) in the UK only if you cannot meet your essential living needs (in whole or in part) without the financial or other material support provided to you by your child or by your child’s spouse.
If you can meet your essential living needs without financial or other material support from your child, your only option is to make an application for entry clearance as a parent under Appendix FM of the Immigration Rules. But this route is more difficult, as you will have to meet some requirements that are not easy to be satisfied.
First of all, your child must be under the age of 18 at the date of application. If they are over 18, this is the end of the story.
Your child must be living in the UK, and be a British Citizen, or settled in the UK, or having pre-settled status under Appendix EU. If they have limited leave to remain under other parts of the Immigration Rules (this usually happens when they are not a Swiss or EEA citizen), this is again the end of the line.
You must then have sole parental responsibility for the child. If you do not have sole parental responsibility, then you must show that the parent or carer with whom your child normally lives is a British citizen in the UK, or settled in the UK, or in the UK with pre-settled status. You must also demonstrate that the parent or carer with whom your child normally lives is not your partner, and that you are not eligible to apply for entry clearance as a partner of this parent or carer.
Assuming you are the mother of the child living in the UK with their father, you cannot apply as the mother of the child, but as the partner of your child’s father. If you child lives with a carer, you must show that this carer is not your partner.
You must provide evidence that you have sole parental responsibility for the child, or, if you do not have sole parental responsibility, that you have direct access (in person) to your child, as agreed with the parent or carer with whom the child normally lives (or as ordered by a court in the UK). You must also provide evidence that you are taking, and intend to continue to take, an active role in the child’s upbringing.
You must provide evidence that you will be able to adequately maintain and accommodate yourselves and any dependants in the UK without recourse to public funds
You must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family. Accommodation will not be regarded as adequate if it is, or will be, overcrowded, or if it contravenes public health regulations.
You must also satisfy the English language requirement. You must provide evidence that you are a national of a majority English speaking country, or that you have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State. Alternatively, you may provide the evidence that you have an academic qualification which is either a Bachelor’s or Master’s degree or PhD awarded by an educational establishment in the UK, or, if awarded by an educational establishment outside the UK, is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and UK NARIC has confirmed that the degree was taught or researched in English to level A1 of the Common European Framework of Reference for Languages or above.
If you meet all these requirements for entry clearance as a parent, you will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds. This means that you cannot apply for and receive benefits. You must work and meet your essential living needs without the financial support of the UK government. You will be eligible to apply to extend your stay after 33 months. You will also be eligible to apply for settlement after a continuous period of at least 60 months in the UK.
If you want to apply for an EUSS Family Permit and need specialist advice, feel free to contact me. Please note that I am an accredited immigration adviser, not an employee of the UK Visas and Immigration. I charge fees for the advice provided.