i2siss wrote: ↑Thu Oct 28, 2021 8:48 am
Is being an Eu citizen before the 31st of December 2020 stated in the HO website/documents?
The official definition of relevant EEA citizen in the Appendix EU reads as follows:
https://www.gov.uk/guidance/immigration ... ppendix-eu
(a)(i) an EEA citizen (in accordance with sub-paragraph (a) of that entry in this table) resident in the UK and Islands for a continuous qualifying period which began before the specified date;
The official definition of specified date:
(a) (where sub-paragraph (b) below does not apply) 2300 GMT on 31 December 2020;
The above means a relevant EEA citizen is a EEA citizen resident in the UK (and islands) since before 31st December 2020.
The EEA citizen you became did not reside in the UK before that date. Only the non-EU citizen did.
If you are not convinced, consider the below:
The Settlement Scheme exists to allow EU nationals resident in the UK
by virtue of EEA regulations before the end of the grace period to
continue to rely on the rights of residence in the UK they used to have. Since you resided in the UK before December 31st as a non-EU national, you did not reside in the UK by virtue of EEA regulations.
I'm sure you know that not all EU nationals who apply to the Settlement Scheme today are eligible, only those who benefitted from residence rights under EEA regulations. In a sense, you are in the same position as any EU national who has never resided in the UK and arrives today and applies to the EU Settlement Scheme: Not eligible because of no lawful UK residence under EEA rules.
Proof of this fundamental understanding is the wording on page 32 of the
EU Settlement Scheme Caseworker guidance:
30 June 2021 was the end of the grace period, during which an EEA citizen lawfully resident in the UK by virtue of the EEA Regulations at the end of the transition period at 11pm on 31 December 2020 (or with the right of permanent residence by virtue of them) and their family members could continue to rely on those EU law rights pending the final outcome of an application (and of any appeal) to the EU Settlement Scheme made by them by 30 June 2021.
So the Settlement Scheme is about
continuing to benefit from EU rights;
NOT starting to benefit from EU rights.
Furthermore, note that if you applied now, you will be applying late. Late applications are allowed if there are reasonable grounds. In your case, the one reason you are applying late is that you did not meet the base condition of being a EU citizen. Hard to justify, I'm afraid.
Having said all that... there is nothing preventing anyone from applying. An application to the EU Settlement Scheme does not have an impact on current visas.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
