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Travel in and out the UK while EUSS is pending

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

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ALKB
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Re: Travel in and out the UK while EUSS is pending

Post by ALKB » Wed Nov 09, 2022 2:53 pm

JB007 wrote:
Wed Nov 09, 2022 12:54 pm
ALKB wrote:
Wed Nov 09, 2022 12:10 pm
JB007 wrote:
Wed Nov 09, 2022 11:18 am
ALKB wrote:
Wed Nov 09, 2022 10:50 am

Again, in my personal opinion going by the limited information available, you could:

- wait until you naturalize as British and then try again for a spouse visa from abroad or
He would need EUSettledStatus first before British citizenship. How would he meet the requirements to be granted Settled Status?
I have absolutely no idea, that´s why I said naturalization -
Naturalisation requirement is to either hold ILR, or the EU Settlement Status. Both ILR and the EU Settled Status, take 5 years to get.

He doesn't appear to be able to meet the requirement for Settled Status.

For ILR, he would need to have a sponsor for his visa and then he could bring his wife with him on a dependant visa; which is what he said he had before and is why his wife was allowed to live in the UK while her visa was valid. Those visas have expired.

Become a British citizen by naturalisation
https://www.gov.uk/government/publicati ... on-form-an
Ah, then I guess EU freedom of movement or home it is.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

kamoe
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Re: Travel in and out the UK while EUSS is pending

Post by kamoe » Wed Nov 09, 2022 2:56 pm

Ticktack wrote:
Wed Nov 09, 2022 12:32 pm
If the HO has discovered that OP doesn't even have a pre-settled status (issued in error),
As I see it, the OP has status that could still be considered as valid, but it's very fragile by the fact that it was issued in error.

From other posts it seems HO seems to take the easiest route in these cases and not necessarily curtail the permit/visa/status in error, but... in this case this leads the holder in a very tricky situation: On one hand, the status does not allow him to sponsor any dependents; and on the other, it won't be able to renew or update to Settled Status. In other words, it's valid for now, but it's a dead end.
I fear even him might not be let back into the country when he exits the UK.
Passport might have been flagged and he would be stopped at the boarder!

He clearly has overstayed his visit/leave.
I don't think this will happen, and I don't think you can consider the OP as an overstayer. His wife yes, but not himself. The status is there and will show up, border control won't dig deeper. The OP will be fine himself, but the real issues is what I just explained above.
OP's spouse, isn't even in the equation as it currently stands.
I agree.
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.

kamoe
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Re: Travel in and out the UK while EUSS is pending

Post by kamoe » Wed Nov 09, 2022 3:01 pm

JB007 wrote:
Wed Nov 09, 2022 12:54 pm
For ILR, he would need to have a sponsor for his visa and then he could bring his wife with him on a dependant visa; which is what he said he had before and is why his wife was allowed to live in the UK while her visa was valid. Those visas have expired.
Technically, the wife's visa expired; but the OP's was just cancelled when he was issued Settled Status in error. I understand had this not happened, then he would still have an alternative visa that could allowed him to sponsor his wife as dependent.

I have no idea what are the OP's rights in this situation, since his valid visa got cancelled because of an error of the Home Office. He might have some legal recourse here, but that's a finger in the air type of guess from a humble amateur like me. This is clearly a case to be handled completely outside of the normal immigration rules, and hence why the OP absolutely needs specialized immigration help (and even so, as ALKB says, probably won't have a quick resolution).

I hope the OPs does understand this by now, and I hope he stops trying to make further applications without appropriate legal guidance.
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.

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Ticktack
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Re: Travel in and out the UK while EUSS is pending

Post by Ticktack » Wed Nov 09, 2022 3:39 pm

As I see it, the OP has status that could still be considered as valid, but it's very fragile by the fact that it was issued in error.

From other posts it seems HO seems to take the easiest route in these cases and not necessarily curtail the permit/visa/status in error, but... in this case this leads the holder in a very tricky situation: On one hand, the status does not allow him to sponsor any dependents; and on the other, it won't be able to renew or update to Settled Status. In other words, it's valid for now, but it's a dead end.
Your assessment makes logical sense. However, there's no telling if the OP's status has been rescinded prior to now.
The rejection letter for his spouse clearly states that OP has no status here. That the OP was Algerian until 2021.
Remember the case of the 6 year old boy born in Leeds, in 2018? Passport was cancelled on his way back from Belgium. These guys clean up their cockups in a very aggressive manner!

The HO have a habit of assuming that they've sent a letter to you, without it ever getting to you.

Look at the windrush and see how much of a mess they made with that. This is the windrush 2.0!
No sin in failing, you just have to try and try again!

kamoe
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Re: Travel in and out the UK while EUSS is pending

Post by kamoe » Wed Nov 09, 2022 4:46 pm

Ticktack wrote:
Wed Nov 09, 2022 3:39 pm
However, there's no telling if the OP's status has been rescinded prior to now.
Yes, there is. He can simply check it online. If it shows up, then it is still valid. Actually, that's what he should do right now.
The rejection letter for his spouse clearly states that OP has no status here.
Not at all. The letter says that he is not a relevant EEA citizen. It does not say that he has no status. Big difference. Applications are independent, the fact that they confirm a sponsor is not eligible to status does not trigger a cancellation of that sponsor's status. That's not how it works.

This is counter intuitive and you could argue that one statement necessarily means the other, but remember, the OP is here by an error, which creates a singularity. And in a singularity, you cannot apply the reasoning of a normal situation. It's like trying to apply Earth's gravitational rules to the Moon. It does not work.

The difference of having status vs being eligible for status is very important here, and I'm afraid it took some time for the OP to see it. He has been in denial, and he has been trying to justify his wife being eligible to pre-settled status because he has status, even though it is by now crystal clear that he is not, and has never been, eligible to it himself.
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.

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