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EU settlement - Non EU family member - CoA and decision time

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Time to get the CoA or final decision as first time BRC applicant in new system

Poll ended at Sun Sep 01, 2019 4:30 pm

Within 2 weeks of biometrics appointment
38
41%
Within 1 month of biometrics appointment
21
23%
Within 3 months of biometrics appointment
4
4%
Have not received anything yet (2 weeks not up)
14
15%
Have not received anything for more than 3 months.
15
16%
Received after 3 months.
1
1%
 
Total votes: 93

Ba1823
Newly Registered
Posts: 1
Joined: Fri Jun 11, 2021 6:27 pm
United States of America

Re: EU settlement - Non EU family member - CoA and decision time

Post by Ba1823 » Thu Jun 17, 2021 6:06 pm

Hi everyone,

This group has been so helpful. I received my pre-settled status on Friday June 11th. Here is my timeline. I am a Surrinder Singh applicant with a previous BRC under the EEA. I am from the USA and my husband is British. I received the paper application for the EUSS April 2021. Filled out the application and sent it in
  • Paper application sent April 26 2021
  • Biometrics Appointment Requested and Biometrics taken May 14
  • Got a call from my case worker on May 28th asking me to clarify a piece of my application and dates. I asked her about my COA at that time as I hadn't received it yet. I also asked her how long my application would take. *She said about a month.
  • June 1st received my COA in the mail
  • June 11th received my confirmation email that I had been granted pre-settled status
  • June 15th received my new biometric resident card. I was surprised I got a new card. My old expires next month and I thought I would have to submit a new application to request a new card under the EUSS scheme.
I just need to update my new card to reflect the pre-settled status. At the moment my old card and my passport show my status but my new card isn't registered yet.

Good Luck to everyone!

JST88
Newly Registered
Posts: 9
Joined: Fri Mar 22, 2019 10:41 am
Philippines

Re: EU settlement - Non EU family member - CoA and decision time

Post by JST88 » Thu Jun 17, 2021 7:35 pm

Ba1823 wrote:
Thu Jun 17, 2021 6:06 pm
Hi everyone,

This group has been so helpful. I received my pre-settled status on Friday June 11th. Here is my timeline. I am a Surrinder Singh applicant with a previous BRC under the EEA. I am from the USA and my husband is British. I received the paper application for the EUSS April 2021. Filled out the application and sent it in
  • Paper application sent April 26 2021
  • Biometrics Appointment Requested and Biometrics taken May 14
  • Got a call from my case worker on May 28th asking me to clarify a piece of my application and dates. I asked her about my COA at that time as I hadn't received it yet. I also asked her how long my application would take. *She said about a month.
  • June 1st received my COA in the mail
  • June 11th received my confirmation email that I had been granted pre-settled status
  • June 15th received my new biometric resident card. I was surprised I got a new card. My old expires next month and I thought I would have to submit a new application to request a new card under the EUSS scheme.
I just need to update my new card to reflect the pre-settled status. At the moment my old card and my passport show my status but my new card isn't registered yet.

Good Luck to everyone!
Great to know paper applications are moving along! Thanks for sharing!

kubasak
Newly Registered
Posts: 19
Joined: Mon Jan 09, 2017 10:16 am

Re: EU settlement - Non EU family member - CoA and decision time

Post by kubasak » Fri Jun 18, 2021 8:07 pm

Finally got Settled Status today.
It took nearly less than a month

Here is my time line
Applied 21/05/2021 ( along with my EEA Spouse. My EEA Spouse got settled status very next day 22/05/2021)
Got COA same day 21/05/2021

Biometric not applicable as used EEA Residence Card

Contacted two time EEA resolution centres and my MP as well.
Finally got settled status today 18/06/2021 ( in 28 days)
This forum is very help Good Luck every body.

texturelikesun
Newly Registered
Posts: 21
Joined: Tue Nov 12, 2019 8:08 pm
Mood:
Russia

Re: EU settlement - Non EU family member - CoA and decision time

Post by texturelikesun » Sun Jun 20, 2021 10:00 pm

kubasak wrote:
Mon Jun 14, 2021 12:56 pm
texturelikesun wrote:
Thu Jun 10, 2021 10:24 pm
Janet Sunday wrote:
Tue Jun 01, 2021 12:21 am
kubasak wrote:
Mon May 31, 2021 8:35 pm
My case I straight forward
2016 EEA family permit
2017 EEA RC
2019 pre-settled status( given in just 3 days after applying)

But settled status in on May 20 but haven’t heard anything. Is there anybody else with straight case but have not heard for so many days ??? My spouse got settled status in just 2 days but I am still waiting
I have been waiting for almost 4 months now without anything. My case is straightforward, I dont know why the delay.
My case was the most straightforward ever, but I have been waiting for 6 months
So have you got your result now or still waiting ???
I have waited -that is correct as I received my pre-settled status in 2020

texturelikesun
Newly Registered
Posts: 21
Joined: Tue Nov 12, 2019 8:08 pm
Mood:
Russia

Re: EU settlement - Non EU family member - CoA and decision time

Post by texturelikesun » Sun Jun 20, 2021 10:06 pm

em5361 wrote:
Sun Jun 13, 2021 2:05 pm
im married from 2018 with my wife from northern ireland. i came to the uk on family permit under eu settlement scheme then i apply for eu settlement scheme in 16 february 2021 and send lots evidence and pictures of us from 2018 untill 2021 and flight booking for my partner...anyway thats what happen next after i make an application in 16 feb i get biometrics done in 14 march and keep waiting until 5 may i receive COA by email and then after 10 days police came to my partner house and ask here about is someone mess with your head concern your marriage..she say no thats rubish. and then they came again after week and they ask to see me and they question me and my partner how we meet and where we get married we did answer the questions and no decision till now application still in process
Weird. So is she a partner or a wife? And what’s the update?

wish_uk
Member of Standing
Posts: 258
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: EU settlement - Non EU family member - CoA and decision time

Post by wish_uk » Tue Jun 22, 2021 2:35 pm

Update

I recieved today; 22 june setteled status granted

My timeline

Applied: 16 March
Coa same day

Outcome: 22 June positive

So 3 months

Very happy

Wish you all the best
married Aug 2014

Don147
Newly Registered
Posts: 19
Joined: Wed Feb 17, 2021 12:35 am
Nigeria

Re: EU settlement - Non EU family member - CoA and decision time

Post by Don147 » Fri Jun 25, 2021 12:50 pm

Anyone help please…..Can HO accept ex wife’s expired ID? Because I can’t get the valid one from her. I’ve got her valid Uk drivers license

Retain Rights of Residence

lemarlemar121
Newbie
Posts: 41
Joined: Fri Apr 05, 2019 4:10 pm

Re: EU settlement - Non EU family member - CoA and decision time

Post by lemarlemar121 » Fri Jun 25, 2021 8:39 pm

Bouzidim wrote:
Mon Jun 07, 2021 9:15 am
Hello I am sorry I am new to this and I don't know if its the right place to write about. I applied for pre settlement status and I had to send by post my id because It wasn't biometric, after I send the documents I found out that I need to travel urgent, my question is : Do you know if they are going to keep my id until the application is done or they are going to send back the id after they checked my identity. Thank you very much.
Before when you apply for pre settle status they ask you to go ukvac centre for biometric and documents scanning.

Did they take your biometric after submitting the application or not yet?

Or you just send your ID documents by post?

Edrees94
Newly Registered
Posts: 5
Joined: Tue May 25, 2021 3:29 pm
Afghanistan

Re: EU settlement - Non EU family member - CoA and decision time

Post by Edrees94 » Fri Jul 09, 2021 1:38 am

Hello everyone i have applied in January 21st biometrics done on feb18 got the coa on 3rd may i have applied as a durable partner of irish citizen living in northern ireland together we have a child living in the country nearly 3 years its nearly more then 5 months still nothing i have contacted my local mp call resulution centre all they say to me is wait not getting a specific answer and its putting alot of stress and worry as i dont know what the actual problem is and what is the thing that is holding my application and not getting a response its been quite a long anybody any suggestions or an advice what can i do thanks and much apreciated it in advance

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: EU settlement - Non EU family member - CoA and decision time

Post by dellledd911 » Mon Jul 12, 2021 2:18 pm

kubasak wrote:
Fri Jun 18, 2021 8:07 pm
Finally got Settled Status today.
It took nearly less than a month

Here is my time line
Applied 21/05/2021 ( along with my EEA Spouse. My EEA Spouse got settled status very next day 22/05/2021)
Got COA same day 21/05/2021

Biometric not applicable as used EEA Residence Card

Contacted two time EEA resolution centres and my MP as well.
Finally got settled status today 18/06/2021 ( in 28 days)
This forum is very help Good Luck every body.
Hi mate, what exactly did you request your MP? Did you ask them to check with the resolution centre for an update about your application? Kindly let me know thanks

kubasak
Newly Registered
Posts: 19
Joined: Mon Jan 09, 2017 10:16 am

Re: EU settlement - Non EU family member - CoA and decision time

Post by kubasak » Tue Jul 13, 2021 12:33 am

dellledd911 wrote:
Mon Jul 12, 2021 2:18 pm
kubasak wrote:
Fri Jun 18, 2021 8:07 pm
Finally got Settled Status today.
It took nearly less than a month

Here is my time line
Applied 21/05/2021 ( along with my EEA Spouse. My EEA Spouse got settled status very next day 22/05/2021)
Got COA same day 21/05/2021

Biometric not applicable as used EEA Residence Card

Contacted two time EEA resolution centres and my MP as well.
Finally got settled status today 18/06/2021 ( in 28 days)
This forum is very help Good Luck every body.
Hi mate, what exactly did you request your MP? Did you ask them to check with the resolution centre for an update about your application? Kindly let me know thanks
I was very lucky when it came to my MP , because my constituency MP is the same lady who is Home Secretary, on my email , I asked to chase the case.

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Tue Jul 27, 2021 12:41 pm

Sister-in-law entered the uk on the 4th of February 2021 on EEA family permit. They mentioned I'm niece on the refusal letter which I clearly said I'm sister-in-law.

She applied for pre setteld on 4/2/2021
Biometric done on the 5/3/2021
Linked the application to do sponsor. Sponsor has settled status and working in the last 5 years .

Today we recieved refusal . Family Permit expired on the 20/07/2021

Advice please











Dear xxxxxxxx
Thank you for your application under the EU Settlement Scheme. Your application has
been carefully considered but unfortunately from the information available you do not
meet the requirements of the scheme. I am sorry to inform you that your application has
therefore been refused.
The rest of this letter details the reasons you have been refused, what you can do next
and the help available from us.
Reasons why your application has been refused
We have considered whether you meet the requirements for settled status (also known as
indefinite leave to enter or remain) or pre-settled status (also known as limited leave to
enter or remain) under the EU Settlement Scheme. Unfortunately, based on the
information and evidence available and for the reasons set out in this letter, you do not
meet the requirements.
To qualify under the scheme, you need to meet the requirements set out in Appendix EU
to the Immigration Rules. You can find out more about the requirements here
www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You entered the UK on the 04 February 2021. You entered on an EEA Family Permit
issued on the 19 January 2021 as the extended family member (niece) of xxxxxx , an EEA national.
Once in the UK, you submitted an application to the EU Settlement Scheme as a Joining
Family Member (JFM) of a relevant EEA citizen sponsor. You applied as a JFM as,
having arrived in the UK after the end of the Transition Period at 11pm on the 31
December 2020, you did not have a continuous qualifying period which had started before
that date and time and therefore could not qualify under rules EU11 or EU14 of Appendix
EU to the Immigration Rules.
Rules EU11A and EU14A of Appendix EU state the requirements for Joining Family
Members. As you are the niece of an EEA national, you do not meet the requirements of a Joining Family Member of a relevant sponsor as defined in Annexe 1 of Appendix EU to
the Immigration Rules.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EU settlement - Non EU family member - CoA and decision time

Post by Obie » Tue Jul 27, 2021 12:54 pm

That is an extremely worrisome refusal.

It is clearly not in accordance with the withdrawal agreement. They better change it, as it will result in lots of court proceedings.
Smooth seas do not make skilful sailors

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Tue Jul 27, 2021 1:18 pm

Obie wrote:
Tue Jul 27, 2021 12:54 pm
That is an extremely worrisome refusal.

It is clearly not in accordance with the withdrawal agreement. They better change it, as it will result in lots of court proceedings.






Thanks lot for your reply so do you think the refusal is wrong

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EU settlement - Non EU family member - CoA and decision time

Post by Obie » Tue Jul 27, 2021 1:23 pm

It must be, as the application was made before 31st December 2020
Smooth seas do not make skilful sailors

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Tue Jul 27, 2021 2:01 pm

Obie wrote:
Tue Jul 27, 2021 1:23 pm
It must be, as the application was made before 31st December 2020







EEA family permit was made on 29/11/2020
Pre setteld was made on 4/2/2021

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EU settlement - Non EU family member - CoA and decision time

Post by Obie » Tue Jul 27, 2021 2:03 pm

The decision seems wrong, and appeal will at the very least succeed under the withdrawal agreement, if it failed under the settlement scheme immigration rules.
Smooth seas do not make skilful sailors

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Tue Jul 27, 2021 2:09 pm

Obie wrote:
Tue Jul 27, 2021 2:03 pm
The decision seems wrong, and appeal will at the very least succeed under the withdrawal agreement, if it failed under the settlement scheme immigration rules.





We have applied for administration review and appeal .

Let's hope the best .

Do you think there's any chance of winning this case

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EU settlement - Non EU family member - CoA and decision time

Post by euspouse07 » Tue Jul 27, 2021 10:12 pm

Obie rightly said it is worrisome and wrong and will definitely attract more court cases.
I am putting forward the following information

following extracts from the
caseworker guidance EU Settlement Scheme: EU, other EEA and Swiss citizens
and their family members published for Home Office staff on 21 May 2021 which
states; (Page 109)
A dependent relative is defined in Annex 1 to Appendix EU as either:
• under sub-paragraph (a)(i), a relative (other than a spouse, civil partner, durable
partner, child or dependent parent) of their sponsoring person, and the person is
(or for the relevant period was) a dependant of the sponsoring person, a member
of their household or in strict need of their personal care on serious health
grounds


the Page no 23,Point no 3, Paragraph 1 from
the withdrawal agreement which states;
“3. Paragraph 2 shall also apply to persons falling under points (a) and (b) of
Article 3(2) of Directive 2004/38/EC who have applied for facilitation of entry and
residence before the end of the transition period, and whose residence is being
facilitated by the host State in accordance with its national legislation thereafter.”


the extracts from the Article 3(2) of Directive
2004/38/EC which clarifies; (Page 13)
(a) any other family members, irrespective of their nationality, not falling under the
definition in
point 2 of Article 2 who, in the country from which they have come, are
dependants or
members of the household of the Union citizen having the primary right of
residence, or
where serious health grounds strictly require the personal care of the family
member by the
Union citizen;
(b) the partner with whom the Union citizen has a durable relationship, duly
attested.

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Wed Jul 28, 2021 6:32 am

Thanks lot for your reply. Its absolutely unbelievable I don't how they could refuse my sister-in-law application. We applied for admin review and we appealing on the same time as well

euspouse07
Member
Posts: 213
Joined: Wed Sep 12, 2012 8:29 pm
Mood:
Ireland

Re: EU settlement - Non EU family member - CoA and decision time

Post by euspouse07 » Wed Jul 28, 2021 8:59 am

It may sound like a silly question but I am after reading "the Rules EU11A and EU14A of Appendix EU state the requirements for Joining Family Members"

Did you submit the required documents proving the relationship between the applicant and the relevant EEA Citizen?
Although it has been proven in the past,but as per the requirements, they need to see the evidence

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Wed Jul 28, 2021 10:05 am

euspouse07 wrote:
Wed Jul 28, 2021 8:59 am
It may sound like a silly question but I am after reading "the Rules EU11A and EU14A of Appendix EU state the requirements for Joining Family Members"

Did you submit the required documents proving the relationship between the applicant and the relevant EEA Citizen?
Although it has been proven in the past,but as per the requirements, they need to see the evidence





U submitted sponsor passport and settled status letter and payslips and council tax bill.
And the father and mother and brother non eu came on October 2020 all been granted pre setteld on her left. I uploaded all the information. The applicat she's 17 years old

Did u read eu11 and 14 please what doest say .

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Wed Jul 28, 2021 12:21 pm

Update I just received new revised decision. Its very confusing .
First decision on 26/7
Second on 28/7


Dear xxxxxx
Thank you for your application to the EU Settlement Scheme. Your application
has been carefully considered but unfortunately from the information available
you do not meet the requirements of the scheme. I am sorry to inform you that
your application has therefore been refused.
The rest of this letter details the reasons you have been refused, what you can
do next and the help available from us.
Reasons why your application has been refused

We have considered whether you meet the requirements for settled status (also
known as indefinite leave to enter or remain) or pre-settled status (also known
as limited leave to enter or remain) under the EU Settlement Scheme.
Unfortunately, based on the information and evidence available and for the
reasons set out in this letter, you do not meet the requirements.
To qualify under the scheme, you would need to meet the requirements that are
set out in Appendix EU to the Immigration Rules. You can find out more about
the requirements here www.gov.uk/settled-status-eu-citizens-f ... ligibility.
You attempted to enter the UK on the appropriate Family Visa on a number of
occasions in 2019 and 2020:
An application for an EU Settlement Scheme Family Permit was lodged on 23
August 2019 and this application was refused on 02 September 2019 for
insufficient evidence of relationship to your EEA Sister in Law, xxxxxxx
.
You submitted a further application on 28 January 2020 for an EEA Family
Permit and on 06 February 2020 this application was refused as the decision
maker was not satisfied that xxxxxx was able to support you.
On 13 March 2020 you lodged an appeal against the refused decision.
On 02 December 2020 you submitted another application for an EEA Family
Permit, as the dependent sister in law of xxxxxxx and this was
granted on 19 January 2021, valid from 19 January 2021 to 19 July 2021.
You entered the UK on 04 February 2021, on the EEA Family Permit issued on
19 January 2021 as the extended family member (sister in law) of xxxxxxx, an EEA national.

Once in the UK, you submitted an application to the EU Settlement Scheme as
a Joining Family Member (JFM) of a relevant EEA citizen sponsor. You applied
as a JFM as, having arrived in the UK after the end of the Transition Period at
11pm on the 31 December 2020, you did not have a continuous qualifying
period which had started before that date and time and therefore could not
qualify under rules EU11 or EU14 of Appendix EU to the Immigration Rules. It is
accepted that you had attempted to enter the UK legally before the end of the
Transition Period however, as outlined above, all of your previous applications
were refused as the decision maker concluded on the basis of the evidence
before them that you had not demonstrated that you qualified for the issue of a
Family Permit.
You correctly applied as a JFM due to the date of your arrival in the UK. Rules
EU11A and EU14A of Appendix EU state the requirements for Joining Family
Members. As you are the sister in law of an EEA national, you do not meet the
requirements of a Joining Family Member of a relevant sponsor as defined in
Annexe 1 of Appendix EU to the Immigration Rules..

Tiktok
Member
Posts: 163
Joined: Wed Jan 02, 2019 2:06 pm
Morocco

Re: EU settlement - Non EU family member - CoA and decision time

Post by Tiktok » Thu Jul 29, 2021 7:13 am

Obie wrote:
Tue Jul 27, 2021 2:03 pm
The decision seems wrong, and appeal will at the very least succeed under the withdrawal agreement, if it failed under the settlement scheme immigration rules.






Hi obie hope you doing well.
Can you please see the news refusal I've recieved. I'm confused

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: EU settlement - Non EU family member - CoA and decision time

Post by Obie » Thu Jul 29, 2021 7:12 pm

As a joining family member who applied for facilitation before the end of the transitional period, you clearly ought to qualify.

They are simply saying rubbish.

You are entitled to challenge them under the withdrawal agreement itself.
Smooth seas do not make skilful sailors

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