confused between applying for Residence Card or Pre-Settled status while on EEA Family permit

I have recently moved to the UK on an EEA Family permit which is going to expire on 29/04/2019. Now I am confused between applying for Residence Card or Pre Settled status as the settlement scheme is also fully opening on 30 March. If I get the Residence card it is only going to be valid for less than an year and I will have to apply for Pre Settled status again. If I am consulting immigration lawyers they are advising me to apply for Residence card as currently only the people with Residence card can apply for the settlement scheme. Can someone please clarify which route should I go for.
Thank you.

junaidakhtar wrote: ↑

Mon Feb 11, 2019 8:55 pm

If I get the Residence card it is only going to be valid for less than an year

Any RC will expire on December 31st 2020, and current processing times for RC are taking on average between a few weeks and two months. So if you applied now, your RC would probably be valid for about a year and a half.

and I will have to apply for Pre Settled status again.

Yes. This is true from December 31st 2020.

currently only the people with Residence card can apply for the settlement scheme.

True until March 29th 2019. After that date, everyone eligible can apply.

Can someone please clarify which route should I go for.

The pro's and cons of each option are:

Pre-Settled Status:
Pros:
-You only have to apply once in the next 5 years.
-Processing time for e-mail confirmation is between 24hours and a week, for straightforward, Pre-Settled status applications.
-It is free.

Cons:
-You need to wait until March 29th 2019 to apply.
-You will be issued a physical card that confirms your right to work, but it is not clear how much this will take to be issued.

Residence Card:
Pros:
-You can apply now.
-If direct family member, a physical CoA letter confirming the right to work will be issued within a week.
-Processing times for receiving a physical card have sped up considerably and is well documented to take between a few weeks and two months, for the most non-straightforward cases.

Cons:
-It costs £65
-You will need to apply again to replace your RC that expires on December 2020.

So it's up to you, depending on what you want to prioritize (number of applications, costs, prove right to work, etc.)

Thank you so much for the insight. I really appreciate your help

I am in the same situation. But the worry is, do we lose our rights in the no-deal scenario?
Is the UKRC a requirement for applying in EU Settlement scheme?

ALMARIE wrote: ↑

Fri Feb 22, 2019 5:31 pm

I am in the same situation. But the worry is, do we lose our rights in the no-deal scenario?

For the purposes of trying to answer a concrete question regarding the right of EU nationals to live and work in the UK, in a no-deal scenario:

If you are already in the UK by March 29th, you can stay in the UK and still apply for Pre-Settled or Settled Status, for which you can apply until December 2020. You can eventually gain the right stay to stay indefinitely after 5 years.

But if you are not in the UK by that date, then you will not benefit from the right to live and work in the UK you would had before Brexit. You can come to the UK, but only for three years, which will not count towards settlement requirements, and after which, if you want to stay, you will need to apply for a visa, just as the rest of other non-EU nationals.

Is the UKRC a requirement for applying in EU Settlement scheme?

No. It is not.

I am in the same situation ... so now what do we do?... apply for residence card. Iv still nit received my nino...

junaidakhtar wrote: ↑

Mon Feb 11, 2019 8:55 pm

I have recently moved to the UK on an EEA Family permit which is going to expire on 29/04/2019. Now I am confused between applying for Residence Card or Pre Settled status as the settlement scheme is also fully opening on 30 March. If I get the Residence card it is only going to be valid for less than an year and I will have to apply for Pre Settled status again. If I am consulting immigration lawyers they are advising me to apply for Residence card as currently only the people with Residence card can apply for the settlement scheme. Can someone please clarify which route should I go for.
Thank you.

Junaid... please msg me on xxxxxxxxx if u find a solution.. i am sailing in the same boat .. with the same expiry date for visa...

Norma dsouza wrote: ↑

Tue Feb 26, 2019 8:01 pm

junaidakhtar wrote: ↑

Mon Feb 11, 2019 8:55 pm

I have recently moved to the UK on an EEA Family permit which is going to expire on 29/04/2019. Now I am confused between applying for Residence Card or Pre Settled status as the settlement scheme is also fully opening on 30 March. If I get the Residence card it is only going to be valid for less than an year and I will have to apply for Pre Settled status again. If I am consulting immigration lawyers they are advising me to apply for Residence card as currently only the people with Residence card can apply for the settlement scheme. Can someone please clarify which route should I go for.
Thank you.

Junaid... please msg me on xxxxxxxxx if u find a solution.. i am sailing in the same boat .. with the same expiry date for visa...

Members are NOT remitted to post any form of personal contact information. Everyone here is a complete stranger and we have many spammers and scammers who trawl the forum.

Thank you very much for the answers.
Me and my family are now living in the UK and will be 6 months here on 22 March.
So I take it theres nothing to worry about right now and just wait for the Settlement scheme to fully open to apply for the status?

I have 2 British children on which 1 was born in UK .
Registered by GP. Got bank accounts and utility bills.
I am thinking that should strengthen up our case with regards to proof of residence here.

But at the minute, do I still have the right to work even just with EU RC and all SS evidence?

currently only the people with Residence card can apply for the settlement scheme.
True until March 29th 2019. After that date, everyone eligible can apply.

This is something confuses me, I have been doing research since they announced the Settlement Scheme but there is no single sentence in any document published by Home office saying something similar to '' family members of EU citizens can apply even if they do not have any Residence card''. For instance below is a 60 pages of brainwashing document from Home office, and it covers every single detail except about people already in the UK but only with EEA Family Permit.

https://www.gov.uk/government/publicati ... -of-intent

So, if Kamoe you or any other person knows something that can be proved by a document, please share it.

Thanks for your support

ALMARIE wrote: ↑

Fri Mar 01, 2019 10:45 pm

Thank you very much for the answers.
Me and my family are now living in the UK and will be 6 months here on 22 March.
So I take it theres nothing to worry about right now and just wait for the Settlement scheme to fully open to apply for the status?

I have 2 British children on which 1 was born in UK .
Registered by GP. Got bank accounts and utility bills.
I am thinking that should strengthen up our case with regards to proof of residence here.

But at the minute, do I still have the right to work even just with EU RC and all Surinder Singh route evidence?

You have not made it clear what your exact situation is, and the relevant answer for you heavily depends on this (one might assume part of this form your post, but best if you describe this clearly).

Are you:
a) a direct family member (spouse, civil partner, child or grandchild under 21 & dependent), or
b) an extended family member (unmarried partner, or brother, sister, aunt, uncle, cousin, nephew, niece & dependent)?

And do you currently have a Biometric Residence Card, or is it just a Family Permit sticker?

imbik wrote: ↑

Sun Mar 03, 2019 6:48 pm

I have been doing research since they announced the Settlement Scheme but there is no single sentence in any document published by Home office saying something similar to '' family members of EU citizens can apply even if they do not have any Residence card''.

The EU Settlement Scheme will open fully by 30 March 2019. From that date, family members without BRC can apply, i.e. with only a Family Permit. See text here:

Apply when the scheme opens fully

You do not need access to an Android phone to apply when the scheme opens fully - you can send your identity document by post.

You’ll be able to complete the application form online using any device when the scheme opens fully (for example, an idiot-phone or laptop).

You can also use a document other than a passport or biometric residence card to prove your identity.

junaidakhtar wrote: ↑

Mon Feb 11, 2019 8:55 pm

I have recently moved to the UK on an EEA Family permit which is going to expire on 29/04/2019. Now I am confused between applying for Residence Card or Pre Settled status as the settlement scheme is also fully opening on 30 March. If I get the Residence card it is only going to be valid for less than an year and I will have to apply for Pre Settled status again. If I am consulting immigration lawyers they are advising me to apply for Residence card as currently only the people with Residence card can apply for the settlement scheme. Can someone please clarify which route should I go for.
Thank you.

Why can you not simply apply for the Residence card, you have everything to gain and nothing to lose.

The Settled status is working on the basis that Brexit will take place at the end of the month, but if there is an extension or if Brexit is overturned, that document may have no use in EU law.

Obie wrote: ↑

Sun Mar 03, 2019 10:25 pm

junaidakhtar wrote: ↑

Mon Feb 11, 2019 8:55 pm

I have recently moved to the UK on an EEA Family permit which is going to expire on 29/04/2019. Now I am confused between applying for Residence Card or Pre Settled status as the settlement scheme is also fully opening on 30 March. If I get the Residence card it is only going to be valid for less than an year and I will have to apply for Pre Settled status again. If I am consulting immigration lawyers they are advising me to apply for Residence card as currently only the people with Residence card can apply for the settlement scheme. Can someone please clarify which route should I go for.
Thank you.

Why can you not simply apply for the Residence card, you have everything to gain and nothing to lose.

The Settled status is working on the basis that Brexit will take place at the end of the month, but if there is an extension or if Brexit is overturned, that document may have no use in EU law.

Looking at pre settled status they don't seem to be asking about qualified status for the EU national. Isn't that a much lower bar to clear than current application environment? I can't imagine HO not making things more Draconian so i must have missed something.

I have the same problem I’ve done lots of reading, even a 73 page guidance document issued by the HO and I still don’t know which route to take-

1) Should I first apply for a EEA residency card to prove that I have the same rights as my partner, then apply to the pre-settled/ settled scheme?

-Or-

2) can I go straight ahead AFTER March 29 (when the scheme is fully opened) to apply for the pre-settled/ settled scheme.

As far as I understand, someone in my situation without a residency card, can only apply to the scheme after the test phase. If I were to apply before/ during the test phase I would have to provide a biometric card to prove my ‘eligibility’ for the scheme. Another thing that I am not sure about is;

- if I were to apply after the test phase, without a residency card, EEA family permit or biometric document, what document should I provide to in order to support my application of a family member of an EEA National?

Yanique97 wrote: ↑

Tue Mar 26, 2019 12:33 am

I have the same problem I’ve done lots of reading, even a 73 page guidance document issued by the HO and I still don’t know which route to take-

1) Should I first apply for a EEA residency card to prove that I have the same rights as my partner, then apply to the pre-settled/ settled scheme?

-Or-

2) can I go straight ahead AFTER March 29 (when the scheme is fully opened) to apply for the pre-settled/ settled scheme.

As far as I understand, someone in my situation without a residency card, can only apply to the scheme after the test phase. If I were to apply before/ during the test phase I would have to provide a biometric card to prove my ‘eligibility’ for the scheme. Another thing that I am not sure about is;

- if I were to apply after the test phase, without a residency card, EEA family permit or biometric document, what document should I provide to in order to support my application of a family member of an EEA National?

Please keep your queries in the same thread, rather than in multiple threads scattered across the forums.

Sorry, but are you able to provide any advice to this question please?

Good night.

Just like the person from the initial post, I came to England and received a temporary family permit VISA (stamp on passport), which will expire on 08/09/2019.

Although I have read the whole discussion, I still have questions about:
1) I must apply for Resident Card, or
2) pre-settled status.

And I have another question, my wife, who is European, has not yet applied for pre-settled status. Could I apply to mine before she got hers?