Switching from Pre-Settled to Settled Status for 2 children

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.
15 May 2024

We made an application for indefinite leave to remain (Settled Status under Appendix EU to the Immigration Rules) on behalf of two Spanish National children. They were joining their mother who is also a Spanish National.

We submitted that the applicants fulfil the requirements of Appendix FEU and that they should be granted settled status. The children were granted pre-settled status in the UK as joining family members of their mother in September and October 2022.

The mother is a Spanish National who has been living in the UK since 2017 and was granted settled status in 2024. They have been residing together as a family unit.

In order to make a valid application under Rule EU9 of Appendix EU we needed to make it using the online form and provide proof of identity or nationality which was the children’s passports. The children met the definition of joining family members as they are children under the age of 21 of a relevant sponsor and family relationship existed before Brexit and continued to exist at the date of the application.

We made the application under Condition 4 of the Rule EU11A as joining family members of a relevant sponsor arguing that they should be granted indefinite leave to remain in line with the mother.

The application was successful and now all the family members have the same status.