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EU family members: time is running out

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EU family members: time is running out

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For Europeans living in the Isle of Man who are considering bringing their family members to live with them, time is running out to apply before the requirements get significantly tougher, writes Lindsey Wylie of Kinley Legal.

The EU Settlement Scheme and changing requirements

Despite its name, the “EU Settlement Scheme” is a route that potentially allows not only the citizens of European Union member states, but also those of other EEA countries, Switzerland, their spouses, partners, children and dependent relatives a route to settlement in the Isle of Man. Under limited circumstances, it can even allow a route to settlement for the family members of certain British citizens which is far simpler and cheaper than the route which normally applies.

While there are other family members that could benefit under the EU Settlement Scheme (the Scheme), this article looks at how the parent of someone living in the Isle of Man with either settled status (Indefinite Leave to Remain) or pre-settled status (Limited Leave to Remain) and who is themselves a EEA-citizen could apply for pre-settled status under Appendix EU of the Immigration Rules.

At present, the eligibility requirements are straightforward: prove that you are joining a family member who has already been granted either pre-settled or settled status under the Scheme, prove that the family relationship existed prior to 31 December 2021 and that it is continuing at the date of application. If you can prove those requirements, dependency is automatically assumed. After 30 June 2021 however, the requirements will become more onerous and it will become necessary to prove that a parent is in fact dependent upon either the EEA citizen or their spouse or civil partner.  

How do I prove dependency?

For applications submitted under the Scheme from 1 July 2021, the applicant parent will have to prove that, without the support of the EEA citizen child (or their spouse or civil partner), they cannot, having regard to their financial or social conditions or health, meet their essential living needs. It will also be necessary to prove that such support is or has been provided by the relevant EEA citizen or their spouse or civil partner.

While the change in the Immigration Rules as it relates to joining family members of a relevant EEA citizen will become more onerous after 30 June 2021, there will still many advantages in applying under the Scheme, compared with the usual regime that applies to the dependent relatives of British citizens and other people settled in the Isle of Man.

Some advantages of applying under the EU Settlement Scheme

In comparison with other immigration routes, such as the Adult Dependant Relative route under Appendix FM of the Immigration Rules which is available to certain dependent parents of British citizens or people with settled status, an application under the Scheme does not require the sponsor to make a financial undertaking and the threshold for proving dependency is significantly lower, as it is not necessary to prove that the applicant parent needs long-term personal care and that the dependent parent is unable to obtain the required level of care in the country where they are living. There is also a very significant financial saving for applicants, as there is currently no application fee for the route under the Scheme.  

Although the Adult Dependent Relative route offers indefinite leave to enter the Isle of Man, a successful application by a dependant parent of an EEA-citizen under the Scheme could lead to settled status after five years’ residence with much less uncertainty and lower costs.

This article relates specifically to an EEA citizen parent, however various family members (including some non-EEA citizens whose family members are married to or in a civil partnership with an EEA citizen sponsor) may also benefit from the Scheme. Others who wish to join qualifying British citizens, or those with Surinder Singh rights (family members of British citizens who have exercised Treaty rights in another member state) or relevant persons of Northern Ireland, and Irish or Swiss citizens may have different rights under the Scheme.

To ask for an assessment in relation to your immigration status, or help with an EU Settlement Scheme or immigration application, please get in touch by e-mail at immigration@kinleylegal.com or just complete our simple contact form.