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EU Settlement Scheme & Toufik Lounes cases

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

Malik_01
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EU Settlement Scheme & Toufik Lounes cases

Post by Malik_01 » Sat Mar 30, 2019 3:02 pm

Hi,

I am non-EU family member of Dual Briitsh and EU national. I need to know whether anyone else on the forum is going through a paper based application?
It was very hard today as the full scheme is launched, but I finally got through someone who would send me the paper based application under the Lounes case. These are assigned to special caseworkers and will be dealt under the new scheme. Wondering what information others have on this?

I will keep you posted!

Thank you,

Abdullah

simone101
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by simone101 » Wed Apr 17, 2019 7:44 am

Hi Malik_1, did you manage to go through with your application? What did you need?

Malik_01
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Malik_01 » Wed Apr 17, 2019 7:32 pm

Hi Simone,

I still did not get the paper based application. i am told that they are going to send these this week, so should be with me by next week.

How about you?

Sky777
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Sky777 » Sun May 12, 2019 6:10 pm

Heloo
Today we called Again and according lady everything is ok under process take slow cos we applied with BRP card ok .
After 15 min that same lady called back and spoke with my wife
She said she talk with manager him said that’s way is taken so long cos is Brp card and I’m dual citizenship Polish and British etc but what she said is we should use paper form to apply and now them waiting for guidance how to do it ????
I said what ? it take them 5 weeks to tell me this we should use paper form I been calling every week and every person said everything is fine and under process .
So I get really upset I told her we can’t wait to long cos my wife brp card is about to expire soon so she so she goone to check with manger and put me on hold she back and said our application is ok just slow
Is on stage 2 now which is true as I called last week was stage 1( 3 stages )
But any way what I want say apply with Passport looks less complicated cos u get coa and biometric done as one of our friends done
We get nothing no COa nothing
I told her we can’t wait cos what we do when her brp card expire ???? And still no answer
If we don’t get anything from HO by end of may we will withdraw application yea
And will apply for FLR no other choice cos we can t wait so long and not get any answer
We ask for escalation our case she put note so we see . Don’t know what else we can do
Any idea ????

Sky777
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Sky777 » Sun May 26, 2019 3:50 pm

Malik_01 wrote:
Wed Apr 17, 2019 7:32 pm
Hi Simone,

I still did not get the paper based application. i am told that they are going to send these this week, so should be with me by next week.

How about you?
Hi did u get u application paper one
Thank you

askmeplz82
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by askmeplz82 » Mon Jun 17, 2019 10:08 am

Anyone can here upload the application form
UK Student Visa : 04/2004 - 09/2009
EEA Residence Stamp: 12/2009 - 03/2010
EEA Residence Card : 07/2010 - 7/2015
Eu Settlement Scheme : 01/05/ 2019
Biometrics: 01/05/2019
COA: 03/05/2019
EU Settled Status: Confirmed on 16th July 2019

lappotto
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by lappotto » Mon Jul 22, 2019 1:37 pm

askmeplz82 wrote:
Mon Jun 17, 2019 10:08 am
Anyone can here upload the application form
You can only request it via the HO: each application has the applicant names, DOB and ref no on top, so I cannot, I am afraid, upload it, nor circulate for obvious reasons.

Call the HO, tell them you are applying for Lounes, and they will send you a paper application form (yes, no other way to do it) with you name, DOB and ref no at the top. This can take up to 4 weeks to arrive (mine arrived in 3/4 days).

Application is 44 pages long, asking the usual questions: your ID, sponsor ID, proof of relationship/address, proof sponsor has been exercising treaty rights pre and post naturalisation. You'll get a letter asking you to do BRP (unless you have it already) and note that HO said paper applications may take up to 6 months. I call every 3/4 weeks to check the status.

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Zerubbabel
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Mon Jul 22, 2019 1:45 pm

Thank you for your comment. I really appreciate it.

I contacted the HO and they said they cannot send it to me unless I provide all the information. I think they don't want to share the form. I find it strange because it's just an administrative form there shouldn't be nothing secret about it really.

As you had it in hand, is there anything special or tricky about it?

lappotto
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by lappotto » Mon Jul 22, 2019 2:08 pm

Zerubbabel wrote:
Mon Jul 22, 2019 1:45 pm
Thank you for your comment. I really appreciate it.

I contacted the HO and they said they cannot send it to me unless I provide all the information. I think they don't want to share the form. I find it strange because it's just an administrative form there shouldn't be nothing secret about it really.

As you had it in hand, is there anything special or tricky about it?
Not at all. I don't remember what they asked me specifically, but I think things like my nationality, my sponsor nationalities, DOBs, when entered into the country, status of our relationship, when sponsor naturalised, whether he retained his nationality, as you can see nothing really major. I think it's probably a sort of checklist list they have to make sure Lounes is the right route for you. I've copied below some info I've included in some recent posts.

If your sponsor is a dual national (EEA/UK), you can only apply via the pre-settled status via the Lounes route. This can only be done via a paper form application. Call the HO, tell them you are applying for Lounes, and they will send you a paper application form (yes, no other way to do it) with you name, DOB and ref no at the top. This can take up to 4 weeks to arrive (mine arrived in 3/4 days).

Application is 44 pages long, asking the usual questions: your ID, sponsor ID, proof of relationship/address, proof sponsor has been exercising treaty rights pre and post naturalisation. You'll get a letter asking you to do BRP (unless you have it already) and note that HO said paper applications may take up to 6 months. I call every 3/4 weeks to check the status.

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ariskar
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Mon Aug 05, 2019 1:56 pm

My wife has applied for settled status online using ILR BRP (Settlement Refugee), my EU national ID, my BC naturalization certificate (instead of passport to indicate naturalization date). (Eligibility under regulation EU11(2).)

Applied: 30 June 2019

The automated system indicated she would be considered for settled status.

She sent the ILR BRP by post special delivery (with special delivery retrurn envelope) to validate the identity. No biometric letter or any similar request was issued.

A COA was issued based on online application: 19 July 2019

This certificate of application confirms receipt of your valid application under the
EU Settlement Scheme. You will receive a decision shortly.


After 4 calls, with the last one on 2 August 2019 on our enquiry the EU resolution centre realized we should have applied with a paper application!?
Sky777 wrote:
Sun May 12, 2019 6:10 pm
...
I said what ? it take them 5 weeks to tell me this we should use paper form I been calling every week and every person said everything is fine and under process .
...
It seems we are not the only ones...

So it seems we have to re-apply with a paper form on a 6-month application standard, as most of other posters here found out. However, we refused this prospect and requested an answer on the existing "valid application" for which the COA letter was issued for.

The difference of our case is that: they issued a COA based on the online application, making it a "valid application". Hence, we have a statutory right to receive a decision on the basis of the original online application. The application cannot be classified as invalid, or ineligible, due to the fact the HO has issued a COA letter for a valid application and the eligibility is apparent. Therefore the answer to our original online application would have to be approval or refusal.
5. ‘Other outcomes’ includes any outcome that did not result in a grant of leave because the application was withdrawn by the applicant, was invalid as it did not include the required proof of identity and nationality or other mandatory information, or was void because the applicant was ineligible to apply, for example because they were a British citizen.
Therefore, it could not fall under other outcomes per the definition of the official statistics.

We have filed a formal complaint about this procedure for breach of Equality Act 2010:

The procedural segregation of non-EU family members of dual British & EEA nationals by association.

Discrimination by association: Associative discrimination comes about when someone is treated unfavourably on the basis of another person's protected characteristic.

For the purposes of the Equality Act 2010 `race´ includes colour, nationality and ethnic or national origins.

Therefore, non-EU family members of dual EU-British citizens are treated unfavourably through procedural segregation compared to non-EU family members of non-British EU citizens through association because of their family members protected characteristic: race (subset: British nationality).

Detriment/unfavourable treatment: longer processing time, postal costs.

Therefore, the Toufik Lounes candidates procedural segregation can be deemed facial discrimination by association and this Home Office practice is a breach of Equality Act 2010 and thus unlawful practice.

We are awaiting an answer to this complaint and were promised an answer within 10 working days, will keep you posted.

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ariskar
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Mon Aug 05, 2019 3:43 pm

I would also add that currently there is no statutory basis for the EU Settlement Scheme as it is would become law through ratification and ascent of the Withdrawal Agreement Bill.

Therefore, the exception of Equality Act 2010 for Immigration purposes on the basis of Schedule 3, Part 4, Paragraph 17 does not apply, as the EU Settlement Scheme is not a relevant enactment (5), as defined in the Equality Act 2010.

Bamidriving
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Bamidriving » Mon Aug 05, 2019 9:26 pm

My mother received the resolution from home office today paper application submitted on the 15th of July and decision was taking on the 1st of August
Biometric card will arrive in 7days time I'm a dual national Spain and British exercising treaty rights since 2009

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ariskar
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Tue Aug 06, 2019 3:35 pm

Bamidriving wrote:
Mon Aug 05, 2019 9:26 pm
My mother received the resolution from home office today paper application submitted on the 15th of July and decision was taking on the 1st of August
Biometric card will arrive in 7days time I'm a dual national Spain and British exercising treaty rights since 2009
Great news, congratulations. Is this decision a grant of Settled or Pre-Settled status?

Did she have to do biometrics?

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Bamidriving » Tue Aug 06, 2019 9:15 pm

I received the resolution letter on Monday and the said you will receive your biometric card in 7 days no biometric taking because we supplied biometric on her initial application online March 30th 2019 was void because they said she need to fill paper application it took home office 3 months to tell us the application online not for my mother but daddy application was approved online and biometric card was sent within 7 days.
My dad and my mum was submitted on the 30th of March but dad application scale without no paper application why my mother application was void and home office sent paper application

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Bamidriving » Tue Aug 06, 2019 9:19 pm

Settle status

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ariskar
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Wed Aug 07, 2019 7:34 am

Bamidriving wrote:
Tue Aug 06, 2019 9:19 pm
Settle status
Thank you for the explanations. Processing time then has been about 5 months in total for the paper application.

it91
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Wed Aug 07, 2019 7:38 am

My postal application arrived to HO on Monday 5th of August. Now waiting for my Biometrics letter.

Is there anyone who can share their timeline, how long did it take to arrive their biometrics letter and CoA to arrive?

Thanks
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes Pre Settled Status
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: Pre Settled Status Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

Bamidriving
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Bamidriving » Thu Aug 08, 2019 10:25 pm

Ariskar paper application takes about 3 weeks in total

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ariskar
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Mon Aug 12, 2019 9:06 am

Bamidriving wrote:
Thu Aug 08, 2019 10:25 pm
Ariskar paper application takes about 3 weeks in total
We just received the paper application form and it is irrelevant to our (Toufik Lounes) case under EU11 condition (2).

In questions in section (3) of the form about application type, none of the categories of application type is relevant for a EU11 condition (2), as all application types are relevant to a "qualifying period". For EU11 condition (2) a qualifying period is irrelevant, as the applicant holding ILR is "free from immigration time limits" and the sponsor is anyway British citizen... also EU11 condition (2) does not require any "qualifying period", only proof of the following:

1. Applicant holds ILR/ILE which has not lapsed (continuous absence of over 2 years).
2. Applicant is family member of EU/EEA citizen, or other EU/EEA & British dual citizen.

90% of that form is asking questions about a qualifying period, which are irrelevant to the eligibility under EU11 condition 2. Lastly, this form is requesting evidence that is irrelevant to the eligibility criteria under EU11(2), for instance employment, insurance, etc.

We will get in touch with EU Resolution centre to try to force an answer based on the existing Online application for which we have already received a CoA.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Mon Aug 12, 2019 9:12 am

Page 38 of the guidance notes highlights the requirements for family members of EU/EEA citizens holding ILR/ILE:

Code: Select all

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/791153/Main-EUSS-guidance-29-March-v1.0.pdf

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