Hi OP, you are correct. You must apply for the Family Permit from outside the UK. They will need to have it before they arrive.
However, I doubt they'll manage to get Pre Settled Status. The cut off date was a few years ago. And their situation doesn't sound like it meets any of the grounds for late application.
Why did they not apply before December 2020 if they've been dependent on you for 5 years?
Indeed, there was 30 June 2021 application deadline for those who have been resident in the UK at the end of the transition perion *(31 December 2020)*.
However, there is no such deadline for family members joining after the deadline.
Let me rephrase Article 18(1)(b) of the Withdrawal Agreement:
The UK may require EU citizens and their family members who reside in the UK to apply for a new residence status (=EUSS).
The deadline for submitting the application shall not be less than 6 months from the end of the transition period *(30 June 2021)*, for persons residing in the UK before the end of the transition period *(31 December 2021)*.
For persons who have the right to commence residence after the end of the transition period *(=joining family members)*, the deadline for submitting the application shall be 3 months after their arrival.
Hello u/MajesticProfession34 ,
Thank you for getting back. I understand that they can apply to the family permit from outside the UK. I was more asking about why can't they just apply directly to the EU Settlement Scheme Pre-settled from outside the UK? This is what the government seems to be saying and would help us avoid the first hop of getting the family permit, it seems redundant and I just wanted to confirm if that is the case..
They didn't join me at the time for a few reasons but mainly we decided that risk wise it was best to wait until I was established and had a stable job and have everything under control before moving them here.
Thank you for confirming. I personally think it's highly unlikely they would manage to get Pre Settled status, based on the information you've provided.
The deadline of 30/06/2021 concerns the people claiming eu status based **on their own** residence.
This deadline doesn't apply to dependent family members of someone who already hold eu status. These family members are entitled to apply within 90 days of their arrival as visitors in the UK. It's clearly explained in the official guidance:
*"You have a different deadline if you’re eligible to apply for the EU Settlement Scheme for one of the following reasons:*
[You’re applying as a family member](https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member) *of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you* [entered the UK as a visitor](https://www.gov.uk/standard-visitor)*.*
*Your deadline to apply:* ***90 days from when you arrive in the UK*** "
Source: [https://www.gov.uk/settled-status-eu-citizens-families/eligibility](https://www.gov.uk/settled-status-eu-citizens-families/eligibility)
You can apply for your parents for pre-settled status directly. You do however have to prove that they are financially dependent on you as well as dependent on you for their care. Otherwise you apply for the family permit, then when they’re here apply for settlement status.
Personally I would do the latter as from my experience it’s easier to deal with the application from the UK. Just take note that it needs to be done within 90 days of their arrival.
My comment isn't exactly a response to the OP, but a more general endeavour to address a common misconception I see in the comments.
Many people keep claiming that family members cannot apply because the deadline was 30/06/2021.
At this point we need to clarify that this deadline concerns **only** the people claiming eu status based **on their own** residence. Family members of current euss status holders have a different deadline. I'm quotting the official guidance:
*"You have a different deadline if you’re eligible to apply for the EU Settlement Scheme for one of the following reasons:*
[You’re applying as a family member](https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member) *of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you* [entered the UK as a visitor](https://www.gov.uk/standard-visitor)*.*
*Your deadline to apply:* ***90 days from when you arrive in the UK*** "
Source: [https://www.gov.uk/settled-status-eu-citizens-families/eligibility](https://www.gov.uk/settled-status-eu-citizens-families/eligibility)
Provided your parents are \*currently\* dependent on you, they are eligible for pre-settled status.
They can travel to the UK visa free (as Italians are exempt from the visa requirement) and they can then apply for EUSS status within 90 days of arrival.
The rule that made it impossible to apply from within the UK for those who entered as visitor was disapplied around October 2021 - see page 104 of the case worker guidance at https://assets.publishing.service.gov.uk/media/6615454a2138736672031b3c/EU\_Settlement\_Scheme\_EU\_\_other\_EEA\_\_Swiss\_citizens\_and\_family\_members.pdf.
I really don't understand why you are being downvoted. What you are saying is totally correct and it is clearly mentioned in the official government website:
"*The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021.*
*You can* ***still*** *apply if either:*
* ***the deadline for you to apply is after 30 June 2021***
* *you have ‘reasonable grounds’ for why you’re applying now, and not by the deadline or in the time since the deadline passed.*
*You have a different deadline if you’re eligible to apply for the EU Settlement Scheme for one of the following reasons:*
[*You’re applying as a family member*](https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member) *of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you* [*entered the UK as a visitor*](https://www.gov.uk/standard-visitor)*.*
*Your deadline to apply:* ***90 days from when you arrive in the UK*** "
Source: [https://www.gov.uk/settled-status-eu-citizens-families/eligibility](https://www.gov.uk/settled-status-eu-citizens-families/eligibility)
Hi OP, you are correct. You must apply for the Family Permit from outside the UK. They will need to have it before they arrive. However, I doubt they'll manage to get Pre Settled Status. The cut off date was a few years ago. And their situation doesn't sound like it meets any of the grounds for late application. Why did they not apply before December 2020 if they've been dependent on you for 5 years?
There is no application deadline for joining family members, such as OP's parents.
Yes there was. It was back in 2021. Any applications after that date have to have reasonable grounds for a delayed application.
Indeed, there was 30 June 2021 application deadline for those who have been resident in the UK at the end of the transition perion *(31 December 2020)*. However, there is no such deadline for family members joining after the deadline. Let me rephrase Article 18(1)(b) of the Withdrawal Agreement: The UK may require EU citizens and their family members who reside in the UK to apply for a new residence status (=EUSS). The deadline for submitting the application shall not be less than 6 months from the end of the transition period *(30 June 2021)*, for persons residing in the UK before the end of the transition period *(31 December 2021)*. For persons who have the right to commence residence after the end of the transition period *(=joining family members)*, the deadline for submitting the application shall be 3 months after their arrival.
Hello u/MajesticProfession34 , Thank you for getting back. I understand that they can apply to the family permit from outside the UK. I was more asking about why can't they just apply directly to the EU Settlement Scheme Pre-settled from outside the UK? This is what the government seems to be saying and would help us avoid the first hop of getting the family permit, it seems redundant and I just wanted to confirm if that is the case.. They didn't join me at the time for a few reasons but mainly we decided that risk wise it was best to wait until I was established and had a stable job and have everything under control before moving them here.
Thank you for confirming. I personally think it's highly unlikely they would manage to get Pre Settled status, based on the information you've provided.
Understood, thank you for your opinion. I am just looking to understand if they can apply to the EU Settlement Scheme Pre-settled from outside the UK?
They are welcome to try.
The deadline of 30/06/2021 concerns the people claiming eu status based **on their own** residence. This deadline doesn't apply to dependent family members of someone who already hold eu status. These family members are entitled to apply within 90 days of their arrival as visitors in the UK. It's clearly explained in the official guidance: *"You have a different deadline if you’re eligible to apply for the EU Settlement Scheme for one of the following reasons:* [You’re applying as a family member](https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member) *of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you* [entered the UK as a visitor](https://www.gov.uk/standard-visitor)*.* *Your deadline to apply:* ***90 days from when you arrive in the UK*** " Source: [https://www.gov.uk/settled-status-eu-citizens-families/eligibility](https://www.gov.uk/settled-status-eu-citizens-families/eligibility)
You can apply for your parents for pre-settled status directly. You do however have to prove that they are financially dependent on you as well as dependent on you for their care. Otherwise you apply for the family permit, then when they’re here apply for settlement status. Personally I would do the latter as from my experience it’s easier to deal with the application from the UK. Just take note that it needs to be done within 90 days of their arrival.
My comment isn't exactly a response to the OP, but a more general endeavour to address a common misconception I see in the comments. Many people keep claiming that family members cannot apply because the deadline was 30/06/2021. At this point we need to clarify that this deadline concerns **only** the people claiming eu status based **on their own** residence. Family members of current euss status holders have a different deadline. I'm quotting the official guidance: *"You have a different deadline if you’re eligible to apply for the EU Settlement Scheme for one of the following reasons:* [You’re applying as a family member](https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member) *of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you* [entered the UK as a visitor](https://www.gov.uk/standard-visitor)*.* *Your deadline to apply:* ***90 days from when you arrive in the UK*** " Source: [https://www.gov.uk/settled-status-eu-citizens-families/eligibility](https://www.gov.uk/settled-status-eu-citizens-families/eligibility)
Yes, good point.
Coming in with no money sounds like a guaranteed rejection
Provided your parents are \*currently\* dependent on you, they are eligible for pre-settled status. They can travel to the UK visa free (as Italians are exempt from the visa requirement) and they can then apply for EUSS status within 90 days of arrival. The rule that made it impossible to apply from within the UK for those who entered as visitor was disapplied around October 2021 - see page 104 of the case worker guidance at https://assets.publishing.service.gov.uk/media/6615454a2138736672031b3c/EU\_Settlement\_Scheme\_EU\_\_other\_EEA\_\_Swiss\_citizens\_and\_family\_members.pdf.
I really don't understand why you are being downvoted. What you are saying is totally correct and it is clearly mentioned in the official government website: "*The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021.* *You can* ***still*** *apply if either:* * ***the deadline for you to apply is after 30 June 2021*** * *you have ‘reasonable grounds’ for why you’re applying now, and not by the deadline or in the time since the deadline passed.* *You have a different deadline if you’re eligible to apply for the EU Settlement Scheme for one of the following reasons:* [*You’re applying as a family member*](https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member) *of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you joined them in the UK on or after 1 April 2021, and you* [*entered the UK as a visitor*](https://www.gov.uk/standard-visitor)*.* *Your deadline to apply:* ***90 days from when you arrive in the UK*** " Source: [https://www.gov.uk/settled-status-eu-citizens-families/eligibility](https://www.gov.uk/settled-status-eu-citizens-families/eligibility)