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Settled status: 'You must be in the UK to apply'

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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mark83
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Posts: 18
Joined: Thu Jul 10, 2008 10:49 pm
Italy

Settled status: 'You must be in the UK to apply'

Post by mark83 » Mon Dec 10, 2018 8:47 am

As a member of one of the eligible groups for the current settled status pilot, I'd like to apply, but I am currently overseas. The online application states 'You must be in the UK to apply', but it doesn't ask you to certify that you are in the UK. Does this mean 'Your application is invalid if you apply from outside the UK' or does it just mean 'We advise you that our web site won't work unless you use a VPN'?

secret.simon
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Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Settled status: 'You must be in the UK to apply'

Post by secret.simon » Mon Dec 10, 2018 9:26 am

An application made from outside the UK would be invalid and any status granted under it would therefore also be invalid.

Remember that the major difference between UK law and EU law is that while in EU law, you acquire a specified status automatically, in UK law, immigration status is a grant and invalidity of application could invalidate the grant as well.
Appedix EU of the UK Immigration Rules wrote:EU9. A valid application has been made under this Appendix where:

(a) It has been made in the UK using the required application process;
(b) Any required fee has been paid in full in accordance with the required application process;
(c) The required proof of identity and nationality has been provided;
(d) The required biometrics have been provided.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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