Dependent Relatives of EEA nationals do not need to leave the UK to make entry clearance applications

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
3 August 2022

We have been successful in making a late, dependent relative application for Pre-Settled Status under the EU Settlement Scheme.
The applicant was an elderly non-EEA national who had arrived in the UK in December 2021, on a visitor’s visa, to spend Christmas with his family. The family themselves had status under the EU scheme.

Tragically and unexpectedly, the applicant’s wife died suddenly, causing his circumstances to change to such a degree that his family could not contemplate his return to his home country alone. The family sought our advice in enabling him to remain with his daughter and her family in the UK.

The applicant’s physical and mental condition following the death of his late wife, meant that leaving the UK to make an entry clearance application would have been difficult to manage, and the family would have no idea how long they might end up waiting for their father, and grandfather, to be able to return. We wanted to ensure the application process was as efficient as possible for the family.

We decided to utilise the ability to make an application in-country, and out of time, for Pre-Settled Status where there is a dependency between an applicant and an EEA national family member. We instructed a consultant geriatrician to assess the applicant and his day-to-day emotional and physical dependency on his daughter and her EEA national spouse.

Finding the applicant had a clear dependency on his daughter and his son-in-law, we were able to argue that he should be afforded the ability to make a late Pre-Settled Status application, utilising the change in the requirement to not be in the UK as a visitor at the time of application.
The applicant was granted Pre-Settled Status with five years leave to remain in the UK.