EEUSS- residence evidence for child (under 21) for Pre Settled Status when linked to parent's status

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Clowes Bureaucracy Experts LTD

Dear Home Office,

1) On what basis are the EUSS caseworkers requesting proof of residence in the child’s name when applying for pre settled status even when the child's application has been linked to the parents' application?

Appendix EU or the Home Office guidance do not mention anywhere that this should be the case. This is also contrary to to the explanatory memorandum to HC 170, 24 October in 3.3: 3.3 The scheme is currently consistent with the draft Withdrawal Agreement with the European Union, reached on 17 October 2019, as regards EU citizens resident here before the end of the planned implementation period on 31 December 2020, and their family members.
According to the draft Withdrawal Agreement as well as according to its predecessor, at Article 18 (k), (l), (m) and (n) apart for a proof of residence for the EEA national who the children under 21 are joining and a proof of relationship for cases other than those set out in points (k), (l) and (m), ‘the host State shall not require applicants to present supporting documents that go beyond what is strictly necessary and proportionate to provide evidence that the conditions relating to the right of residence under this Title have been fulfilled;‘.

2) Is there a difference in this regard between EEA children and non-EEA children?

3) Why is this request sent only after the application has been successfully submitted and after receiving the Certificate of Application attesting to the validity of the application?

Yours faithfully,

Clowes Bureaucracy Experts LTD

FOI Requests, Home Office

Dear Sir / Madam,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 56950). We will aim to send you a full response by 20/01/2020 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

P. Zebedee
FOI Requests
Home Office

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Clowes Bureaucracy Experts LTD

Dear FOI Requests,

You wrote that you will send a response by 20 January 2020 which is twenty working days from the date you have received my request.

As of today I have still not received your response.

Yours sincerely,

Clowes Bureaucracy Experts LTD

Public Enquiries (CD), Home Office

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Public Enquiries

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Clowes Bureaucracy Experts LTD

Dear Public Enquiries (CD),

Thank you for your reply.

If the case is as you stated that 'there is no provision within Part 1 of Appendix EU to the Immigration Rules for children to rely upon another’s evidence of residence to confirm their eligibility for pre-settled status
(limited leave to remain in or enter the UK). '
And 'in order to confirm whether an applicant has completed a continuous qualifying period of
residence in the UK, caseworkers need to request evidence of such if it isn’t available
through automated checks or hasn’t been provided with the application',
why then isn't the application process similar to the one other family members who are not children such as spouse etc. go through, i.e. the applicant has the opportunity to submit residence evidence within the application?

Why do children applicants receive a request to submit residence evidence only after the application has been submitted (sometimes even months later)?

Also, why do the decision makers chose to ask for this evidence on an apparently random basis where some siblings from the same family receive their status without an additional request for residence evidence and some don't?

Yours sincerely,

Clowes Bureaucracy Experts LTD

Public Enquiries (CD), Home Office

Thank you for contacting the Home Office.

 

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We aim to provide a response within 20 working days.

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