Dependency in pre-settled status applications under Appendix EU

An ongoing issue in pre-settled status applications under Appendix EU is UKVI requests that parents who had previously demonstrated dependency (either assumed or otherwise) as part of their Appendix EU family permit application demonstrate dependency again as part of a pre-settled status application. 

This request can involve parents who initially applied pre-30/06/2021 on the basis of assumed dependency or those who have had to demonstrate dependency as part of a post-30/06/2021 application.

The decision maker often requests evidence of dependency in the country of origin say for six months prior to the date of the EUSS application.

The scheme as it has been operated involves:-

1. The need to demonstrate dependency of a parent as part of a family permit application or dependency was assumed if it was a pre-30/06/21 application.

2. To demonstrate dependency as part of an application under EUSS for pre-settled status following an entry under a family permit.

3. Lastly, an application for settled status on behalf of a parent who had pre-settled status and in those cases dependency does not have to be demonstrated.

The legal basis for the settlement application was that when pre-settled status was granted this constituted a grant of leave to enter or remain under Appendix EU.  

In the case of Rexhaj (extended family members: assumed dependency) [2023] UKUT 00161 the court held that  an application for pre-settled status did not (as previously had been requested by UKVI) require to demonstrate dependency again after they had already demonstrated it as part of the family permit application.

The legal basis for the decision of the court was that the family permit application and grant to enter only gave a right to entry clearance as a parent.

However on entry, the act of an Immigration Officer allowing leave to enter or leave to remain constituted a grant of leave to enter or leave to remain under Appendix EU

As it constituted a grant under Appendix EU the subsequent application for pre-settled status by the parent following entry for an extension of leave did not require to demonstrate dependency.

This is an important and to be welcomed clarification on the law by the Upper Tribunal.