ILR and EU settlement

[SamuelK]

Good evening,

I got my ILR, 8 years ago, and have been away from the UK for 2 years because of Covid restrictions. After I came back I heard from friends that although I have an ILR I need to apply for EU settlement having been married before to a European citizen when I have applied for ILR (divorced since). Worse they say that employers won't employ me without EU settlement.

My understanding is that I am a non EU national and have nothing to do with this route having already a de facto settlement as stated in my ILR rights and duties.


Immensely appreciate your feedback.

Thanks

[zimba]

Your friends do not know what they talking about. EU settlement scheme allowed the EEA citizens and their family members to be granted ILR under UK immigration rules (settled status). EU settlement scheme simply allowed eligible EEA citizens who were staying in the UK under the EEA regulations to be given a valid status under UK immigration rules instead because after 1 Jan 2021 the EU regulations ceased to exist. You can view it as a transition for them to be covered under the UK immigration rules so they can remain legal residents here after Brexit. You were already granted ILR settled status under those rules 8 years ago. EU settlement scheme had nothing to do with you.

Another point: If you were absent from the UK for more than 2 years outside the UK, your ILR will lapse and you need to be readmitted as returning resident. Do you have a BRP or are you still using an old ILR sticker ??

[kubus]

Do you hold ILR or permanent residence card under EEA regulations? All EU citizen and their non EU family member (including divorced) must apply for EU settlement scheme to be able to live and work in the UK.

[SamuelK]

Hi

Zimba: that's exactly my understanding. Regarding my ILR relapse I'm in touch with the home office I might be left off the hook because of covid. Let's see.

Kubus: the "Must" part of your comment is difficult to grasp in my circumstances. Any legal literature to support it ?

Thanks.

[SamuelK]

Zimba:

Do you have a BRP or are you still using an old ILR sticker ??

Old ILR sticker.

[alterhase58]

Do you hold ILR or permanent residence card under EEA regulations? All EU citizen and their non EU family member (including divorced) must apply for EU settlement scheme to be able to live and work in the UK.

Poster refers to UK ILR.

[vinny]

Good evening,

I got my ILR, 8 years ago, and have been away from the UK for 2 years because of Covid restrictions. After I came back I heard from friends that although I have an ILR I need to apply for EU settlement having been married before to a European citizen when I have applied for ILR (divorced since). Worse they say that employers won't employ me without EU settlement.

My understanding is that I am a non EU national and have nothing to do with this route having already a de facto settlement as stated in my ILR rights and duties.


Immensely appreciate your feedback.

Thanks

New employers won’t employ you without confirmation of your rights to work.

[kubus]

Good evening,

I got my ILR, 8 years ago, and have been away from the UK for 2 years because of Covid restrictions. After I came back I heard from friends that although I have an ILR I need to apply for EU settlement having been married before to a European citizen when I have applied for ILR (divorced since). Worse they say that employers won't employ me without EU settlement.

My understanding is that I am a non EU national and have nothing to do with this route having already a de facto settlement as stated in my ILR rights and duties.


Immensely appreciate your feedback.

Thanks

Sorry I misunderstood your post, I thought you got your ILR through EEA regulations since you mentioned you were married to EU national at the time.
If you got your ILR under UK immigration route then
EU settlement scheme don’t apply to you.

[zimba]

Hi

Zimba: that's exactly my understanding. Regarding my ILR relapse I'm in touch with the home office I might be left off the hook because of covid. Let's see.

Kubus: the "Must" part of your comment is difficult to grasp in my circumstances. Any legal literature to support it ?

Thanks.

As Vinny pointed out, you need a BRP. For that process UKVI will demand to see evidence of continuous residence.

[SamuelK]

Thank you all.