Non EU citizen with EU Spouse who has an ILR?

Hello,

Can I please get some advice?

I am a non-EU citizen and we arrived in the UK in 1995.

I obtained entry to the UK with a Family Spousal Visa as my wife is an EU National.

My wife is semi disabled and she was granted an ILR in 2014.

I have been her carer for the last 7 years.

I have a NI number and worked in the county for over 15 years.

We receive Guaranteed Pension Credit and a State Pension as I am over 70.

When I made an application to the DWP for Guaranteed Pension Credit which was just over 10 years ago I was told that I could remain in the country as my wife is an EU National.

I am South African born and my passport has expired and I can only get an appointment in mid-August for the renewal.

I was also told by the South African Passport Offices that as I am married to an EU National that I do not need to apply for an EU Settlement before the end of this month.

I have read somewhere as I receive a State Pension that I automatically granted an EU Settlement Status?

Thank you

It is true that you did not need to apply for EU residence if you are married to an EU national as per EEA regulations, however EEA regulation will cease to apply soon due to Brexit. No one is granted any status automatically so I suspect you must apply under EU settlement scheme to get settled status.

Also ILR was not issued to EU citizens, they used to get Permanent Residence (PR) under EEA regulations. However, the PR documents will be invalid soon as all EU citizens with PR must apply to get settled status under UK rules via the EU settlement scheme.

Does your wife hold ILR or PR ? If she holds PR, she needs to apply for settled status under EU settlement scheme too

2121kjk wrote: ↑

Mon Jun 14, 2021 7:36 pm

I was also told by the South African Passport Offices that as I am married to an EU National that I do not need to apply for an EU Settlement before the end of this month.

That is very bad advice and you should apply for the EU Settlement Scheme asap.

Before 31st December 2020, family members of EEA citizens could acquire automatic status, without documentation, based on their relationship to an EEA citizen. That has been extended to 30th June 2021 by the UK government.

But one of the major changes brought on by Brexit is precisely that the immigration status of EEA citizens and their family members is no longer automatic, but granted by the UK Home Office. If certain conditions are met, the status can not be denied by the Home Office. But it must be applied for by the affected person and then granted by the Home Office.

Not applying for the status will render their continued stay in the UK illegal, which can impact other application both in the UK (such as for naturalisation) and even other immigration applications to other countries (when they ask you to list of you have resided illegally or overstayed in any other country).

I suggest that you bring this thread to the attention of the South African Passport Office before they hand out inaccurate advice to further people.

secret.simon wrote: ↑

Tue Jun 15, 2021 1:12 am

Not applying for the status will render their continued stay in the UK illegal, which can impact other application both in the UK (such as for naturalisation) and even other immigration applications to other countries (when they ask you to list of you have resided illegally or overstayed in any other country).

I'm assuming that without settled status under the UK's EU Settlement Scheme, your UK benefits (those classed as Public Funds) will also end on 30 June 2021. e.g Pension Credit, Housing Benefit, Carer's Allowance etc?

A UK state pension is contribution based and therefore not a Public Fund. You would be able to continue to receive this even if you live outside of the UK, although from your age and date you moved to the UK, that won't be much. I'm not sure how that works with Brexit for your wife who is an EU citizen and who would, I assume, have a state pension she earned in her own EU country?

As said, you need to apply to be able to continue to live in the UK.

Apply to the EU Settlement Scheme (settled and pre-settled status)

Who should apply

Except in a few cases, you need to apply if:

you’re an EU, EEA or Swiss citizen
you’re not an EU, EEA or Swiss citizen, but your family member is (or is an eligible person of Northern Ireland)

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

https://www.gov.uk/settled-status-eu-ci ... ligibility

Thank you for your kind replies.

Let me answer a couple of points.

"Does your wife hold ILR or PR ? If she holds PR, she needs to apply for settled status under EU settlement scheme too!

- my wife holds a ILR

"I'm not sure how that works with Brexit for your wife who is an EU citizen and who would, I assume, have a state pension she earned in her own EU country"

- My wife did not earn her state pension outside of the UK, she worked for over ten years here in the UK and she was sick-retired. She earned her state pension here in the UK.

The dilemma I have right now is that. In order for me to apply for EU Settlement, I need to present a valid passport. My passport recently expired and the South African passport does not contain a Biometric chip. I cannot get an earlier appointment from the SA House than mid-August.

I made an application to the Portuguese Consulate for Portuguese Nationality and in this application, I included a copy of my Police Certificate. I have been informed that it would be 3 months before I receive my EU Nationality. Could I use this Police Certificate as proof of identity in substitution for a biometric passport in my EU Settlement Application?
Thanks

I suggest reading the offical online information on EU settlement application carefully. You may be able to apply using other evidence. It is paramount that you apply before the end of the month

If you do not have any of these you may be able to use other evidence in certain situations. Contact the EU Settlement Resolution Centre if you do not have any of the listed documents.

https://www.gov.uk/settled-status-eu-ci ... d-to-apply