ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Got Settled Status by mistake?

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

Post Reply
Irishaodhan
Newly Registered
Posts: 10
Joined: Mon Jan 04, 2021 4:51 pm
Mood:
Ireland

Got Settled Status by mistake?

Post by Irishaodhan » Tue Jun 29, 2021 8:37 pm

Hello,

My wife is a Ukraine national who was in residing in the UK on a spouse leave to remain visa. We learnt, thanks to this forum, that she could apply for the Settlement Scheme because I am a Irish citizen. My wife made this application and was awarded Settled Status and has received a biometric card which states indefinite leave to remain.

While we are delighted, we are a bit confused. We were expecting Pre-Settled Status. My wife has only lived in the UK with her Spouse visa since November 2020 (she had arrived in the UK under a fiancée visa in March 2020). So less than the five years of residency in order to get Settled Status.

Has there been a mistake or has she gotten Settled Status because I am a Irish citizen rather than citizen of another EEA country?

Thanks in advance

kamoe
Respected Guru
Posts: 2234
Joined: Mon Sep 07, 2015 10:57 am

Re: Got Settled Status by mistake?

Post by kamoe » Tue Jun 29, 2021 10:10 pm

Irishaodhan wrote:
Tue Jun 29, 2021 8:37 pm
Hello,

My wife is a Ukraine national who was in residing in the UK on a spouse leave to remain visa. We learnt, thanks to this forum, that she could apply for the Settlement Scheme because I am a Irish citizen. My wife made this application and was awarded Settled Status and has received a biometric card which states indefinite leave to remain.

While we are delighted, we are a bit confused. We were expecting Pre-Settled Status. My wife has only lived in the UK with her Spouse visa since November 2020 (she had arrived in the UK under a fiancée visa in March 2020). So less than the five years of residency in order to get Settled Status.

Has there been a mistake or has she gotten Settled Status because I am a Irish citizen rather than citizen of another EEA country?

Thanks in advance
Settled Status / ILR with just over a year of UK residence??? That can't be right.

No one, be it EU nationals or even spouses of British nationals, gets it that fast. Haven't heard anything about the fact of being the wife of an Irish citizen justifying that kind of allowance.

She might get away with this and the HO might not notice or correct this, but any case, she won't be able to apply for British Citizenship until at least 4 more years have passed, since she needs to have been physically present in the UK exactly 5 years before her application.
Under normal circumstances she would be eligible for citizenship one year after her ILR is issued, but that's because under normal circumstances she would have met the 5 year requirement before being issued the ILR.

See the contradiction?
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.

Irishaodhan
Newly Registered
Posts: 10
Joined: Mon Jan 04, 2021 4:51 pm
Mood:
Ireland

Re: Got Settled Status by mistake?

Post by Irishaodhan » Thu Jul 01, 2021 5:26 pm

Thanks for the reply. If the Home Office makes an error, is in incumbent on the visa holder to inform them of the potential mistake?

kamoe
Respected Guru
Posts: 2234
Joined: Mon Sep 07, 2015 10:57 am

Re: Got Settled Status by mistake?

Post by kamoe » Thu Jul 01, 2021 8:40 pm

Irishaodhan wrote:
Thu Jul 01, 2021 5:26 pm
If the Home Office makes an error, is in incumbent on the visa holder to inform them of the potential mistake?
I do not know.

But I like to consider worst-case scenarios. If someday you do find yourself in a position of having to explain yourselves in front of a relevant authority... I think it will be difficult to defend the argument that you genuinely never ever suspected there had been a mistake.
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.

adamaa1
Newly Registered
Posts: 4
Joined: Tue Feb 23, 2021 2:49 pm
Canada

Re: Got Settled Status by mistake?

Post by adamaa1 » Fri Jul 02, 2021 2:23 pm

kamoe wrote:
Tue Jun 29, 2021 10:10 pm
Irishaodhan wrote:
Tue Jun 29, 2021 8:37 pm
Hello,

My wife is a Ukraine national who was in residing in the UK on a spouse leave to remain visa. We learnt, thanks to this forum, that she could apply for the Settlement Scheme because I am a Irish citizen. My wife made this application and was awarded Settled Status and has received a biometric card which states indefinite leave to remain.

While we are delighted, we are a bit confused. We were expecting Pre-Settled Status. My wife has only lived in the UK with her Spouse visa since November 2020 (she had arrived in the UK under a fiancée visa in March 2020). So less than the five years of residency in order to get Settled Status.

Has there been a mistake or has she gotten Settled Status because I am a Irish citizen rather than citizen of another EEA country?

Thanks in advance
Settled Status / ILR with just over a year of UK residence??? That can't be right.

No one, be it EU nationals or even spouses of British nationals, gets it that fast. Haven't heard anything about the fact of being the wife of an Irish citizen justifying that kind of allowance.

She might get away with this and the HO might not notice or correct this, but any case, she won't be able to apply for British Citizenship until at least 4 more years have passed, since she needs to have been physically present in the UK exactly 5 years before her application.
Under normal circumstances she would be eligible for citizenship one year after her ILR is issued, but that's because under normal circumstances she would have met the 5 year requirement before being issued the ILR.

See the contradiction?
My brother received settled status after only living in the UK for less than 2 years due to being a child under 21 of a settled person (our father). Both my brother & father are EU citizens, once my father was approved for settled status, my brother applied somehow linked the two applications together.

I don't know the EUSS rules for spouses (and can't seem to find them on the post-30th June GOV.UK website) so I'm not sure if this may be OP's case but just to say it is technically possible for some, very few EUSS applicants.

kamoe
Respected Guru
Posts: 2234
Joined: Mon Sep 07, 2015 10:57 am

Re: Got Settled Status by mistake?

Post by kamoe » Fri Jul 02, 2021 4:54 pm

Yes, for children that's the case. Not for spouses.

In the case of the OP, they might have thought the wife was the daughter or something.
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.

Irishaodhan
Newly Registered
Posts: 10
Joined: Mon Jan 04, 2021 4:51 pm
Mood:
Ireland

Re: Got Settled Status by mistake?

Post by Irishaodhan » Fri Aug 06, 2021 6:15 pm

Hi all. My wife rang the EUSS holine to ask if there was a mistake. They told her that there are sometimes rare cases when this happens but they couldn't explain what was the case for her. In any case, they said it was fine and it would not be reviewed.

Post Reply
cron