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EUSS Applying after 31st Dec

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EUSS Applying after 31st Dec

Post by kamoe » Fri Feb 12, 2021 5:15 pm

geezerpl wrote:
Fri Feb 12, 2021 4:35 pm
kamoe wrote:
Sun Feb 07, 2021 9:38 am

...having Pre-Settled or Settled Status is not the same as having exercised treaty rights.

There have been examples in this forum of people seeing EEA applications refused because they assumed having Pre-Settled Status meant being in exercise of traty rights, when that is not the case.
I know the difference between a qualified person (EEA regulations) and pre-settled (EU/UK regulations).

I was referring to a case when EU national was last minute migrant in late 2020.
Those who arrived in the UK in Nov/Dec (like myself) could not exercise treaty rights due to the 3-month initial period of residence but they had to arrive before 31/12 in order to secure pre-settled status.

An EU national who didn't set foot in the UK in the last months of 2020 couldn't sponsor non-EEA partner in 2021. Having secured EU pre-settled automatically means EU national WAS in the UK before Brexit.

A question remains what if such EU national left the UK and will want to accompany an unmarried partner later this year ? Is the EEA FP to acc route still open or only to join ??

BTW...
Sorry for stealing somebody's else post.
You are hijacking a question to a very specific situation, and implying the answer given is incorrect just because it is specific and not general and thus does not describe your case. Please stop doing this.

If you have a question relating to your own specific circumstances, please start your own topic; you will get an answer.

And don't be sorry, just follow the rules.
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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CR001
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Posts: 88766
Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: EUSS Applying after 31st Dec

Post by CR001 » Fri Feb 12, 2021 5:18 pm

kamoe wrote:
Fri Feb 12, 2021 5:15 pm
geezerpl wrote:
Fri Feb 12, 2021 4:35 pm
kamoe wrote:
Sun Feb 07, 2021 9:38 am

...having Pre-Settled or Settled Status is not the same as having exercised treaty rights.

There have been examples in this forum of people seeing EEA applications refused because they assumed having Pre-Settled Status meant being in exercise of traty rights, when that is not the case.
I know the difference between a qualified person (EEA regulations) and pre-settled (EU/UK regulations).

I was referring to a case when EU national was last minute migrant in late 2020.
Those who arrived in the UK in Nov/Dec (like myself) could not exercise treaty rights due to the 3-month initial period of residence but they had to arrive before 31/12 in order to secure pre-settled status.

An EU national who didn't set foot in the UK in the last months of 2020 couldn't sponsor non-EEA partner in 2021. Having secured EU pre-settled automatically means EU national WAS in the UK before Brexit.

A question remains what if such EU national left the UK and will want to accompany an unmarried partner later this year ? Is the EEA FP to acc route still open or only to join ??

BTW...
Sorry for stealing somebody's else post.
You are hijacking a question to a very specific situation, and implying the answer given was incorrect just because it is specific and not general and thus does not describe your case. Please stop doing this.

If you have a question relating to your own specific circumstances, please start your own topic; you will get an answer.

And don't be sorry, just follow the rules.
This user, tagging onto other topics too, already has their own thread!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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