Hayley01 wrote: ↑

Tue Apr 23, 2019 8:43 pm

Ajay8 wrote: ↑

Tue Apr 23, 2019 1:46 pm

I am confused about something. I am a non-EU family member with a Biometric Residence Permit (BRP) Card. Please note, this is not the Biometric Residence Card (BRC). However, both have biometric chips and both are pink blue-ish cards.

So, on the EU settlement scheme website. It says "you must send your document by post if you have a BRP". I wish I can use the EU Exit app...it will make me feel comfortable...but anyways...

I tried to apply "online and by post" so I am OK with that. I clicked on apply online and when I was clicking next.. Next... I was in front of 2 choices: use a passport or use a UK residence card with a Biometric chip (does it mean BRC or BRP?)

Should I select the second option use the "UK residence card with a Biometric chip" and enter my BRP card number?

But when I emailed the EU resolution centre, they said I can apply online and use the BRP. But when I tried to apply online I don't see a third option like the following:
1. passport
2. UK residence card with biometric chip
3. BRP
I only see option 1 and 2. So I am confused.

1.) Can anyone share the process of application? Anyone who used their BRP to apply "online and post"?

2.) To people who are similar to my case, did you still send in your passport? Because I want to send my BRP only and use my passport at ukvcas to do a new finger print and face photo. I cannot send my passport.

3.) If you enter the details of the document in the beginning of the online application process (like a BRP card), it will be the same document (BRP card) you will send by post..right?

Thank you. Please let me know.

Hi

I had a similar situation to you in that I also have a BRP (Tier 2). I selected the option to add the BRP number online which is what I think you are asking. After that when I had completed all the answers I was still asked to send my passport to the home office by post (did not have to do another biometric appointment - I assume this is because that BRP only expires in 2021). Seems it differs from person to person. I sent both my passport and BRP to home office, they have been returned to me now (on the way to me that is, and not sure if they have also sent back the BRP as I would expect a new one should my application be successful ). Takes about 3 weeks it seems, but faster for other people so again just depends on your luck.

Hi Hayley.
When did they ask you to submit the passport? After you clicked submit on your online application or before you clicked the submit button?

I really don't like to post my passport by mail. The EU resolution centre confirmed to me 4 times over the phone and on email that I can use my Biometric Residence Permit (BRP) Card. It is strange they still ask people with BRP to post the passport. They don't even allow family members with BRP (it has a biometric chip) to use the EU EXIT app which I find this weird and doesn't make sense.

Anyone who are going through the same application process, please share here so everyone can understand. Thanks.

Hi Ajay8

After I clicked submit.you then get an email that asks you to go back into your application click on view submission and see if there are any further actions you need to take. My further action was to post my passport to an address in Liverpool so that they can verify my identity. In summary my application was linked to my Passport that is the document I used to apply online since the app does not read BRPs. In the application there is a question about whether you hold a valid UK residence card, I said yes and then entered my BRP number there. Once I submitted the application it asked me to send my passport.

I believe you have made a mistake in your application process and your application is probably stuck because of this. The 'UK Residence card' process flow is meant only for people who hold a EEA FM Biometric Residence Card. The residence card is quite fundamentally different from the residence permit. Anyone who doesn't have one of these EEA FM BRCs, and that means all BRP and other limited visa holders, are required to fill up the passport details online for identity verification using the Passport flow in the online application, link their application online to their sponsor's application number, and then go and get their biometrics done to complete the application.

I am a BRP holder who followed this approach, and I am aware of multiple other people who have done the same, and if it was a pre settled application, approval has come through pretty fast. Mine was approved on the 6th working day.

That being said, technically there is no reason your application can't be processed by the Home office if you have provided your NI number and linked it to your sponsor's application, but if the fact is that it continues to drag on unapproved, then there is obviously a problem.

For the benefit of BRP and other visa holders (Tier 1,Tier 2 and Tier 4) who are asking the question on the process flow to adopt, you should be using the Passport as identity document flow, and get your biometrics done, and not the UK Resident card flow. That is what I have to suggest based on my experience of what works.

Hi Ashjk

The EU settlement resolution centre confirmed to me and it is also written on their website...that people who hold a BRP can send the BRP by post. Which to me is a bit strange...because when the online application process asks which document you want to use to prove your identity..we are left with 2 options and there is not an option for BRP....this is the complete opposite to what the EU settlement scheme says on the website and what the EU resolution centre says

Hi AshJK

Continuing on my previous post to you. Did you send your passport by mail when you chose the passport flow? Because you need your passport when you do the Biometrics (fingerprints, face photo).

AshJK wrote: ↑

Wed Apr 24, 2019 8:11 am

I believe you have made a mistake in your application process and your application is probably stuck because of this. The 'UK Residence card' process flow is meant only for people who hold a EEA FM Biometric Residence Card. The residence card is quite fundamentally different from the residence permit. Anyone who doesn't have one of these EEA FM BRCs, and that means all BRP and other limited visa holders, are required to fill up the passport details online for identity verification using the Passport flow in the online application, link their application online to their sponsor's application number, and then go and get their biometrics done to complete the application.

I am a BRP holder who followed this approach, and I am aware of multiple other people who have done the same, and if it was a pre settled application, approval has come through pretty fast. Mine was approved on the 6th working day.

That being said, technically there is no reason your application can't be processed by the Home office if you have provided your NI number and linked it to your sponsor's application, but if the fact is that it continues to drag on unapproved, then there is obviously a problem.

For the benefit of BRP and other visa holders (Tier 1,Tier 2 and Tier 4) who are asking the question on the process flow to adopt, you should be using the Passport as identity document flow, and get your biometrics done, and not the UK Resident card flow. That is what I have to suggest based on my experience of what works.

You have holder a BRP , can you tell us after they have accepted your application, did they ask you to send to your BRP in order to give you a new BRC , or they just posted the new BRC to you ?

Ajay8 wrote: ↑

Tue Apr 23, 2019 4:51 pm

katerina_k wrote: ↑

Tue Apr 23, 2019 4:07 pm

Ajay8 wrote: ↑

Tue Apr 23, 2019 1:46 pm

I am confused about something. I am a non-EU family member with a Biometric Residence Permit (BRP) Card. Please note, this is not the Biometric Residence Card (BRC). However, both have biometric chips and both are pink blue-ish cards.

So, on the EU settlement scheme website. It says "you must send your document by post if you have a BRP". I wish I can use the EU Exit app...it will make me feel comfortable...but anyways...

I tried to apply "online and by post" so I am OK with that. I clicked on apply online and when I was clicking next.. Next... I was in front of 2 choices: use a passport or use a UK residence card with a Biometric chip (does it mean BRC or BRP?)

Should I select the second option use the "UK residence card with a Biometric chip" and enter my BRP card number?

But when I emailed the EU resolution centre, they said I can apply online and use the BRP. But when I tried to apply online I don't see a third option like the following:
1. passport
2. UK residence card with biometric chip
3. BRP
I only see option 1 and 2. So I am confused.

1.) Can anyone share the process of application? Anyone who used their BRP to apply "online and post"?

2.) To people who are similar to my case, did you still send in your passport? Because I want to send my BRP only and use my passport at ukvcas to do a new finger print and face photo. I cannot send my passport.

3.) If you enter the details of the document in the beginning of the online application process (like a BRP card), it will be the same document (BRP card) you will send by post..right?

Thank you. Please let me know.

Could you please tell where did you find this 'you must send your document by post if you have a BRP'? Because I don't remember reading it anywhere, neither I was asked to post anything after completing my application. I applied using my passport as a document ( I tried using an app to scan my BRP, but it was giving me a mistake. ). I did not post anything, and just showed my passport at the biometrics centre.

P.S. I hold a Tier 4 BRP and I applied as a spouse

Hi Katerina,

Here is the link where it talks about the post.
https://www.gov.uk/settled-status-eu-ci ... d-to-apply

If you scroll down the page to where it says 'send your document by post' in Bold, you will find it saying 'you must send your document by post if you have: Biometric Residence Permit.

Yes. Me too. I have a BRP (Tier 4 Doctoral Extension Scheme visa - after completing the PhD).

May I ask..how did you prove your identity? Did you use the EU Exit app? or did you directly go to this link?:
https://www.gov.uk/settled-status-eu-ci ... led-status

If you went directly to the above second link and kept on clicking next, did you reach the question 'how will you prove your identity?' Like this one in the link:
https://apply-for-eu-settled-status.hom ... web-or-app

Did you select Online and by Post? After this stage...did you choose Uk residence card with biometric chip or passport?

Sorry for asking many questions but I am getting mixed information. Thanks.

Hi.

So my process was as follows:
-I chose 'online and post' option ( I tried to scan my BRP using the app, but it was giving me a mistake, suggesting only BRCs can be scanned, and not BRPs)
-I chose passport as my ID. I thought it is a safer option.

Then I filled in all the questions, and when I submitted my application I was asked to book a biometrics appointment. I wasn't asked to post anything. They checked my passport at the biometrics centre and that is it.

It has been 2,5 weeks now after my CoA and not response so far
It is very confusing.

AshJK wrote: ↑

Wed Apr 24, 2019 8:11 am

I believe you have made a mistake in your application process and your application is probably stuck because of this. The 'UK Residence card' process flow is meant only for people who hold a EEA FM Biometric Residence Card. The residence card is quite fundamentally different from the residence permit. Anyone who doesn't have one of these EEA FM BRCs, and that means all BRP and other limited visa holders, are required to fill up the passport details online for identity verification using the Passport flow in the online application, link their application online to their sponsor's application number, and then go and get their biometrics done to complete the application.

I am a BRP holder who followed this approach, and I am aware of multiple other people who have done the same, and if it was a pre settled application, approval has come through pretty fast. Mine was approved on the 6th working day.

That being said, technically there is no reason your application can't be processed by the Home office if you have provided your NI number and linked it to your sponsor's application, but if the fact is that it continues to drag on unapproved, then there is obviously a problem.

For the benefit of BRP and other visa holders (Tier 1,Tier 2 and Tier 4) who are asking the question on the process flow to adopt, you should be using the Passport as identity document flow, and get your biometrics done, and not the UK Resident card flow. That is what I have to suggest based on my experience of what works.

Hi.

So you were not asked to provide your NI number and did not link it to your sponsor?

Because I am also on BRP, and I chose passport as an ID. And I did not make a mistake of saying that I hold BRC or alike, I was always saying that I don't. But then I was still asked to provide my NI number and I linked my application to my husband's.
It has been 2,5 weeks since I got my CoA and no response so far...
And when I call them/ email them, they say it is all fine with my application, just have to wait.

katerina_k wrote: ↑

Wed Apr 24, 2019 9:15 am

AshJK wrote: ↑

Wed Apr 24, 2019 8:11 am

I believe you have made a mistake in your application process and your application is probably stuck because of this. The 'UK Residence card' process flow is meant only for people who hold a EEA FM Biometric Residence Card. The residence card is quite fundamentally different from the residence permit. Anyone who doesn't have one of these EEA FM BRCs, and that means all BRP and other limited visa holders, are required to fill up the passport details online for identity verification using the Passport flow in the online application, link their application online to their sponsor's application number, and then go and get their biometrics done to complete the application.

I am a BRP holder who followed this approach, and I am aware of multiple other people who have done the same, and if it was a pre settled application, approval has come through pretty fast. Mine was approved on the 6th working day.

That being said, technically there is no reason your application can't be processed by the Home office if you have provided your NI number and linked it to your sponsor's application, but if the fact is that it continues to drag on unapproved, then there is obviously a problem.

For the benefit of BRP and other visa holders (Tier 1,Tier 2 and Tier 4) who are asking the question on the process flow to adopt, you should be using the Passport as identity document flow, and get your biometrics done, and not the UK Resident card flow. That is what I have to suggest based on my experience of what works.

Hi.

So you were not asked to provide your NI number and did not link it to your sponsor?

Because I am also on BRP, and I chose passport as an ID. And I did not make a mistake of saying that I hold BRC or alike, I was always saying that I don't. But then I was still asked to provide my NI number and I linked my application to my husband's.
It has been 2,5 weeks since I got my CoA and no response so far...
And when I call them/ email them, they say it is all fine with my application, just have to wait.

Ah sorry i See you mentioned that you did link your application to your sponsor's one, but my understanding that you were not asked to provide your NI number

Hi everyone,

So here is an update. I called the EU settlement scheme resolution centre this morning. The person who answered was very helpful. I asked her exactly what I wrote in my post above. And she said since I have a BRP and I already did my biometrics (did it in November 2018 for my current BRP), then I have to select "prove my identity using UK residence card with a Biometric chip" option. I then asked her if I choose this option, would I still have to send my passport by mail? She said no. I would send my BRP card only.

In order to double check even more, I sent the EU resolution centre an email asking the same thing in my post above. Just to make sure.

I will update everyone once I receive an answer by email. So people can have a clear idea what to expect and what will happen if you select this or that option.

Hi Katrina,

2.5 weeks is normal and you have the Coa so I am sure you will get your new card/status very soon.

I understand. Unfortunately, I did not find a video on YouTube that explains the process from A to Z for non-EU family members who carries a BRP. I did not see law firm websites explaining this. I did not find screenshot of every page for this specific application (using brp as a family member).

I don't think many people realise what we are going through. Which is why I have to put 10 times more effort to seek simple information about the online application.

Update us when you get your status card. I am sure it will be very soon. And keep contacting the EU resolution centre to check on your application.

Ajay8 wrote: ↑

Wed Apr 24, 2019 9:55 am

Hi Katrina,

2.5 weeks is normal and you have the Coa so I am sure you will get your new card/status very soon.

I understand. Unfortunately, I did not find a video on YouTube that explains the process from A to Z for non-EU family members who carries a BRP. I did not see law firm websites explaining this. I did not find screenshot of every page for this specific application (using brp as a family member).

I don't think many people realise what we are going through. Which is why I have to put 10 times more effort to seek simple information about the online application.

Update us when you get your status card. I am sure it will be very soon. And keep contacting the EU resolution centre to check on your application.

Hi Ajay,

yeah this is all so confusing. My EU partner applied with no problems and got his decision very quickly. I was very impressed back then, thinking that the scheme is very efficient.
But now I see, that if you are not EU same old bureaucratic turmoil will apply as ever.

I will for sure post an update whenever I have one. For now I think I will be contacting the resolution centre frequently and in writing to have it all documented.

Thanks for all the advice

Hi.

So you were not asked to provide your NI number and did not link it to your sponsor?
...

Ah sorry i See you mentioned that you did link your application to your sponsor's one, but my understanding that you were not asked to provide your NI number

-- I had to provide my NI number, and this is important because the automated checks are primarily driven by your NI number. If you are in any of the visa types I wrote about and went through some online process flow where you did not put in an NI number, then odds are they will default you to pre settled status or ask for more documentation even if you were entitled to perhaps settled status or a paper free process flow.

AshJK wrote: ↑

Wed Apr 24, 2019 12:32 pm

Hi.

So you were not asked to provide your NI number and did not link it to your sponsor?
...

Ah sorry i See you mentioned that you did link your application to your sponsor's one, but my understanding that you were not asked to provide your NI number

-- I had to provide my NI number, and this is important because the automated checks are primarily driven by your NI number. If you are in any of the visa types I wrote about and went through some online process flow where you did not put in an NI number, then odds are they will default you to pre settled status or ask for more documentation even if you were entitled to perhaps settled status or a paper free process flow.

Hi Ash,

Ah ok, I see. I did provide my NI number. The only thing I did do wrong is that I asked for the settled status rather than pre-settled. (I am in the country for more than 8 years, however I am married for 1 year. I thought to try to go for the settled status, since the website is a bit ambiguous. But then I found a pdf where it clearly states that I have to be married for more than 5 years to be qualified for the settled status. but I read it only after my submission). I am sensing that this might be the reason for the delay.

But my understanding is that you did not post any documents ,is that correct?
Also, did you have any phone calls from the Home Office? Maybe I am being paranoid, but straight after I received my CoA I got a phone call from Liverpool, which I missed and I cannot call back. And it makes me wonder if HO called me. But that's just a guess

Uk2715 wrote: ↑

Tue Apr 23, 2019 8:13 pm

Got my COA today. Applied on 01/04' did biometric on 12/04. To i received coa by email tell me that i will get decision shortly.

Am qualified for settled having married for 10 yrs by sept 19. Divorced 2014 got ROR 2015 thay will expire 2020.

What are my chances of getting my settled status by weekend?

Got another email today from HO requesting my ex id or any thing that shows she is not willing to give it to me. According to the email they just want to make sure she is an eu citizen. Pls should i send a photocopyof her id? I also have a chat with her where she stated that she cant give her id since we are divorced. Will that help?

katerina_k wrote: ↑

Wed Apr 24, 2019 1:11 pm

AshJK wrote: ↑

Wed Apr 24, 2019 12:32 pm

Hi.

-- I had to provide my NI number, and this is important because the automated checks are primarily driven by your NI number. If you are in any of the visa types I wrote about and went through some online process flow where you did not put in an NI number, then odds are they will default you to pre settled status or ask for more documentation even if you were entitled to perhaps settled status or a paper free process flow.

Hi Ash,

...The only thing I did do wrong is that I asked for the settled status rather than pre-settled. (I am in the country for more than 8 years, however I am married for 1 year. I thought to try to go for the settled status, since the website is a bit ambiguous. But then I found a pdf where it clearly states that I have to be married for more than 5 years to be qualified for the settled status. but I read it only after my submission). I am sensing that this might be the reason for the delay.

But my understanding is that you did not post any documents ,is that correct?
Also, did you have any phone calls from the Home Office? Maybe I am being paranoid, but straight after I received my CoA I got a phone call from Liverpool, which I missed and I cannot call back. And it makes me wonder if HO called me. But that's just a guess

A few points here:
- The online system decides whether you qualify for pre-settled status or settled status and offers it to you. So if it said you are qualified for settled status and you applied, then you have done nothing wrong. On the other hand, if it offered pre-settled status and you chose to contest it, then there is some work for you to do.
- " But then I found a pdf where it clearly states that I have to be married for more than 5 years to be qualified for the settled status." - This is not what the law says. This is a conveniently narrow layman interpretation of the law. Note that a lot of online opinions are based on the laws for the EEA FM application. Appendix EU for the EU Exit is new independent legislation with wording that is focused on giving people rights and not on finding excuses not to give it. If the online system has assessed your period of residence to be adequate for settled status, you don't have to second guess the situation. You are entitled to the status and should just demand it.
- You are seeing a delay because all settled status applications for non EU citizens is delayed a lot more than the pre-settled status applications.
- I did not post any documents at all
- No phone calls at all. They will contact you by email or post if they couldn't reach you, so nothing to panic about. You can also call up the helpline and ask if there is anything expected from you if you're worried.

AshJK wrote: ↑

Wed Apr 24, 2019 2:01 pm

katerina_k wrote: ↑

Wed Apr 24, 2019 1:11 pm

AshJK wrote: ↑

Wed Apr 24, 2019 12:32 pm

Hi.

-- I had to provide my NI number, and this is important because the automated checks are primarily driven by your NI number. If you are in any of the visa types I wrote about and went through some online process flow where you did not put in an NI number, then odds are they will default you to pre settled status or ask for more documentation even if you were entitled to perhaps settled status or a paper free process flow.

Hi Ash,

...The only thing I did do wrong is that I asked for the settled status rather than pre-settled. (I am in the country for more than 8 years, however I am married for 1 year. I thought to try to go for the settled status, since the website is a bit ambiguous. But then I found a pdf where it clearly states that I have to be married for more than 5 years to be qualified for the settled status. but I read it only after my submission). I am sensing that this might be the reason for the delay.

But my understanding is that you did not post any documents ,is that correct?
Also, did you have any phone calls from the Home Office? Maybe I am being paranoid, but straight after I received my CoA I got a phone call from Liverpool, which I missed and I cannot call back. And it makes me wonder if HO called me. But that's just a guess

A few points here:
- The online system decides whether you qualify for pre-settled status or settled status and offers it to you. So if it said you are qualified for settled status and you applied, then you have done nothing wrong. On the other hand, if it offered pre-settled status and you chose to contest it, then there is some work for you to do.
- " But then I found a pdf where it clearly states that I have to be married for more than 5 years to be qualified for the settled status." - This is not what the law says. This is a conveniently narrow layman interpretation of the law. Note that a lot of online opinions are based on the laws for the EEA FM application. Appendix EU for the EU Exit is new independent legislation with wording that is focused on giving people rights and not on finding excuses not to give it. If the online system has assessed your period of residence to be adequate for settled status, you don't have to second guess the situation. You are entitled to the status and should just demand it.
- You are seeing a delay because all settled status applications for non EU citizens is delayed a lot more than the pre-settled status applications.
- I did not post any documents at all
- No phone calls at all. They will contact you by email or post if they couldn't reach you, so nothing to panic about. You can also call up the helpline and ask if there is anything expected from you if you're worried.

Thanks for your detailed answer. Sorry, I should have explained my situation better.
According to my NI number I was offered a pre-settled status. I thought to provide evidence of me being in the country for more than 5 years, and thus hoping it would qualify for a settled status. I submitted all the documentation, but then i found 'EU settlement scheme caseworker guidance' , where it says that I have to be in the country for more than 5 years as a family member to qualify for settled status.
Page 39 on the following guidance :
https://assets.publishing.service.gov.u ... h-v1.0.pdf

So I relied on this guidance as a reflection of the law

Hi Everyone,

Just for general info, here is my timeline:
Applied online: 31/03
Biometrics taken: 12/04
CoA received: 22/04 (bank holiday)
Decision: pending

amralialla100216 wrote: ↑

Wed Apr 24, 2019 9:08 am

You have holder a BRP , can you tell us after they have accepted your application, did they ask you to send to your BRP in order to give you a new BRC , or they just posted the new BRC to you ?

They have no interest in my BRP since I used the Passport as id process flow. I took the passport with me to the biometrics appointment. (You should take any other documents that are requested during the application to your biometrics appointment. I wasn't asked for anything.) Never posted the BRP to them. They posted the BRC to me on the 11th working day.

AshJK wrote: ↑

Wed Apr 24, 2019 5:24 pm

amralialla100216 wrote: ↑

Wed Apr 24, 2019 9:08 am

You have holder a BRP , can you tell us after they have accepted your application, did they ask you to send to your BRP in order to give you a new BRC , or they just posted the new BRC to you ?

They have no interest in my BRP since I used the Passport as id process flow. I took the passport with me to the biometrics appointment. (You should take any other documents that are requested during the application to your biometrics appointment. I wasn't asked for anything.) Never posted the BRP to them. They posted the BRC to me on the 11th working day.

So basically they left the BRP with you , and issued you another BRC!!
What kind of BRP you had !?

AshJK wrote: ↑

Wed Apr 24, 2019 8:11 am

I believe you have made a mistake in your application process and your application is probably stuck because of this. The 'UK Residence card' process flow is meant only for people who hold a EEA FM Biometric Residence Card. The residence card is quite fundamentally different from the residence permit. Anyone who doesn't have one of these EEA FM BRCs, and that means all BRP and other limited visa holders, are required to fill up the passport details online for identity verification using the Passport flow in the online application, link their application online to their sponsor's application number, and then go and get their biometrics done to complete the application.

I am a BRP holder who followed this approach, and I am aware of multiple other people who have done the same, and if it was a pre settled application, approval has come through pretty fast. Mine was approved on the 6th working day.

That being said, technically there is no reason your application can't be processed by the Home office if you have provided your NI number and linked it to your sponsor's application, but if the fact is that it continues to drag on unapproved, then there is obviously a problem.

For the benefit of BRP and other visa holders (Tier 1,Tier 2 and Tier 4) who are asking the question on the process flow to adopt, you should be using the Passport as identity document flow, and get your biometrics done, and not the UK Resident card flow. That is what I have to suggest based on my experience of what works.

You are absolutely right.

*Application for pre-settled status as EU QP including non-EU spouse submitted online: 26/03/2019
*Application acknowledgement email (one for QP, another one for non-EU spouse) with two different case IDs received on: 26/03/2019
*Fee paid online at the time of application submittal: 130.00 GBP
*Attended EPRS appointment on (booked 1 month prior): 02/04/2019
*Both EU passport+non-EU passport certified during EPRS appointment and originals returned on the spot.
*Certified copies of both passports + thick pack of original documents (printed application, marriage/birth certs, photos, employment letter, payslips, bank statements, etc.) retained by EPRS officer and posted to HO directly on: 02/04/2019
*EPRS fee for both passports + postage: 42.00 GBP
*Documents arrived in HO on: 05/04/2019
*Biometrics letter to non-EU spouse issued on: 05/04/2019
*Biometrics enrolled in Post Office on: 11/04/2019
*Biometrics enrollment fee paid: 19.20 GBP
*COA issued on: pending for both EU QP and non-EU spouse.

Total paid: 191.20 GBP - mainly to ensure we can travel abroad freely while our applications are being reviewed, as application acknowledgement emails advise that waiting time is up to 6 months.

So my process was as follows:
-I chose 'online and post' option ( I tried to scan my BRP using the app, but it was giving me a mistake, suggesting only BRCs can be scanned, and not BRPs)
-I chose passport as my ID. I thought it is a safer option.

Then I filled in all the questions, and when I submitted my application I was asked to book a biometrics appointment. I wasn't asked to post anything. They checked my passport at the biometrics centre and that is it.

It has been 2,5 weeks now after my CoA and not response so far
It is very confusing.
[/quote]

The same. The difference only is that I have uploaded all documents before biometric appointment as advised by website and then when I turned up for my biometric the staff just verified my original documents to the uploaded documents online. Also today I had response from resolution centre who confirmed that nothing to worry, application submitted succesfully with valid COA receipt sent to me on 5th April. No calls from caseworker or request to provide more documents whatsoever.

By the way, when I missed a call from caseworker regarding my son's application, I sent an email to resolution centre by giving my son's application number and explained the situation. Was advised that they left a note for caseworker who gave me a call in two days after resolution centre response. So far I am very safisfied with the way the resolution centre operates.

katerina_k wrote: ↑

Wed Apr 24, 2019 2:45 pm

Thanks for your detailed answer. Sorry, I should have explained my situation better.
According to my NI number I was offered a pre-settled status. I thought to provide evidence of me being in the country for more than 5 years, and thus hoping it would qualify for a settled status. I submitted all the documentation, but then i found 'EU settlement scheme caseworker guidance' , where it says that I have to be in the country for more than 5 years as a family member to qualify for settled status.
Page 39 on the following guidance :
https://assets.publishing.service.gov.u ... h-v1.0.pdf

So I relied on this guidance as a reflection of the law

I have read this text before and to me this can mean one of two things.
- You could be perfectly right and this means you have to be married for the 5 yr period before you get settled status
- Or this only means that you have to reach the 5 yr point of legal residence in the UK AS the spouse of a EU national, or holding some derivative right to remain from the list of possibilities mentioned

At this point I don't want to venture a guess on what the correct interpretation is. We've seen no cases of non EU nationals who have got approved settled status to conclude anything based on data.

Personally I don't think being married for 5 yrs makes any rational sense as a requirement. The law states that even if you were married to an EU citizen about 5 yrs ago, and got a divorce after 3 months, you can still merrily get yourself settled status. It seems tremendously irrational to have a law that says being married to the EU national for the past 4 years when you lived in the UK for 5 is not good enough, but if you were married to someone 5 yrs ago, got a BRC issued and got a quickie divorce after 3 months, then that is perfectly good enough for you to get settled status.

Another situation I can think of is someone who was on a Tier 4 student visa for 2 years, then went on to a Tier 2 General visa for 2 yrs, then married a EEA national and decided to apply for the pre settled status. This person was one year away from getting an ILR. It makes zero sense to say that just because the person moved on to a EU settlement status, he or she is now expected to wait another 5 yrs for an ILR.

Anyway, time will tell on what the rule really is.

Jokes apart, in the case of divorces, apparently the legal requirement is to have lived in the UK at any point in a married relationship for 1 year, out of a 3 year marriage. I was kidding about the 3 months.