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Complicated query re EU citizen and remaining in UK after Brexit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Minniemoo
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United Kingdom

Complicated query re EU citizen and remaining in UK after Brexit

Post by Minniemoo » Sat Dec 28, 2019 3:05 pm

Hello, I wonder if someone can help me.

I have a Belgian friend who's lived in the UK for 15+ years. She need to find out if she needs to apply to stay in the UK before Brexit is done.

She has Belgian citizenship and passport. She was married to a British Citizen, who was in the forces, and they lived on British soil in Germany before they got divorced. She moved to the UK a year after her 3rd child was born. He still lives in Germany, but they are divorced.

She does not know if she has "permanent residence" or "indefinite leave to remain".

I know that would determine whether she needs to apply to stay here after Brexit.

Does anyone know how she can find out? There is nothing in her passport, and she doesn't have ant forms etc about it.

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alterhase58
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Re: Complicated query re EU citizen and remaining in UK after Brexit

Post by alterhase58 » Sat Dec 28, 2019 3:21 pm

Your friend should register on the board and provide as much detail as possible - if she doesn't know whether she has PR / ILR then it's unlikely she's got it. She would be well advised to apply for settled status. Best to start on this web site: https://www.gov.uk/settled-status-eu-ci ... atus-means . The "Brexit done" date of 31 Jan 2020 is not a final deadline so she has some time left to apply.
Please use the EEA forum for questions and queries - eea-route-applications/
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Re: Complicated query re EU citizen and remaining in UK after Brexit

Post by secret.simon » Sat Dec 28, 2019 9:36 pm

Minniemoo wrote:
Sat Dec 28, 2019 3:05 pm
I have a Belgian friend who's lived in the UK for 15+ years
A more detailed history, such as the specific years that she lived in the UK, would help us in giving a more accurate response.
Minniemoo wrote:
Sat Dec 28, 2019 3:05 pm
She does not know if she has "permanent residence" or "indefinite leave to remain".
"Indefinite leave to remain" is always a grant and not acquired automatically. She will need to have made an application and will generally have required physical proof of the ILR, as either a stamp in an old passport or a physical BRP. She is likely to remember making such an application or receiving such physical proof. It may be worth checking with her if she has any such recollections.

Permanent Residence can have been acquired automatically, but absence from the UK can cause it to lapse, which is why we need a detailed history to advise further.
Minniemoo wrote:
Sat Dec 28, 2019 3:05 pm
There is nothing in her passport
What about past passports?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Minniemoo
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Re: Complicated query re EU citizen and remaining in UK after Brexit

Post by Minniemoo » Mon Dec 30, 2019 12:05 pm

Hi, thanks for the replies. She has lived in the UK for the past 15+ years continuously. She's never left since she got here.

She only has a Belgian passport, which she applied for earlier this year. She had to send her old Belgian passport back to get the new one, and she has no idea if anything was in the old passport.

She can't remember too much, as it's such a long time ago and she has never had problems with living in the UK. Her 3 kids have British Citizenship, because their father is British and they were all born on British soil in Germany.

She has always been able to claim child benefit for all her children and in later years she's been able to claim DLA and now PIP etc due to severe depression. I've never claimed any benefits, so I have no idea what any of the criteria are.

She is able to vote in local elections in the UK, but not general elections.

Her circumstances are so complicated, hence I'm
looking for any help and information that anyone might be able to give.

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alterhase58
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Re: Complicated query re EU citizen and remaining in UK after Brexit

Post by alterhase58 » Mon Dec 30, 2019 6:20 pm

IF there is no evidence (or recollection) of any kind of application having been made or any documents then there's no choice but to go for the Settle Status route application. It is a relatively simple application in terms of the evidence required - refer to https://www.gov.uk/settled-status-eu-ci ... d-to-apply. This is an application under UK regulations.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Minniemoo
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Re: Complicated query re EU citizen and remaining in UK after Brexit

Post by Minniemoo » Mon Dec 30, 2019 7:36 pm

Thank you. I will let her know...

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