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If an applicant for 10yr ILR (SET(LR)) is currently on Pre-Settled Status from the EU settlement scheme as a (extended) family member of an EU citizen, does that count as "time spent in the UK with a right to reside under EEA regulations"?

Applicant was previously on a Tier 4 valid until 8/2019, applied for EEA RC 1/2019, approved 2/2019, applied and approved for pre-settled 4/2019, i.e. before original Tier 4 expired. Does 2/2019 until 4/2019 count as EEA time, or no EEA time at all? Or does everything from 2019 until now count as EEA time?

My understanding is that EUSS is domestic UK regulation, so they should be able to tick No for that box on the form, and don't have to prove that the sponsor is still exercising treaty rights, is that correct? (Or would have to prove exercise of treaty rights 2/2019-4/2019, but not since then, at least?)

Thanks so much!

Pre-settled status is granted under Appendix EU of the UK immigration rules. That was intended to move people who were under the EEA regulations to the UK immigration rules. That means an applicant who moved from Tier 4 to leave under the Appendix EU was never under the EEA regulations at all and has always had leave under the UK immigration rules.

Zimba wrote: ↑

Mon Jul 04, 2022 8:45 pm

Pre-settled status is granted under Appendix EU of the UK immigration rules. That was intended to move people who were under the EEA regulations to the UK immigration rules. That means an applicant who moved from Tier 4 to leave under the Appendix EU was never under the EEA regulations at all and has always had leave under the UK immigration rules.

Thank you so much for confirming that! That makes the application process a whole lot easier. And the two months in between being granted the EEA RC and Pre-Settled Status also don't count as EEA? I.e. the Tier 4 visa was still considered valid, even though the BRP wasn't returned to the applicant when the EEA RC was approved?

Nothing to do with EEA regulations

Zimba wrote: ↑

Tue Jul 05, 2022 12:25 am

Nothing to do with EEA regulations

Thank you, Zimba, I really appreciate the help!