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Appropriate Visa Type Please!

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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euscape1
Junior Member
Posts: 63
Joined: Mon Jun 29, 2015 7:25 am

Humble request for help!

Post by euscape1 » Thu Apr 11, 2019 1:09 pm

Hi everyone,

I am happy this forum is still actively buzzing and helping people solve legal/immigration problems. Thanks y’all.

To my question - since I have been away for a while, I know lots of changes are in place in terms of the immigration law and I just want to keep myself abreast of current take.

I have been married since October,2014 to my EU wife and with a cute son.My son still use European passport as we couldn’t apply for his British passport as at the time due to the fact that the Mum just moved to the Uk.

However, at the moment, my wife will be 5yrs in the country by july and marriage will be 5yrs by October,2019 respectively while son will be 4yrs by October.It is also confirmed that my wife hasn’t had a gap in her employment history as affirmed by the HMRC...come May,2019 she would have completed 5yrs of employment without gaps.

In addition, I get to know there is an introduction of Eu settlement scheme which is not quite clear to me.
Can I get to know if I had to wait till October 2019 before applying for ILR or can I join in the EU scheme (pool) which was launched on the 30th of March to apply or do I have to wait till October to be qualified?

Lastly,When is my son due to apply for British passport? My wife already has EU residence (Blue Card/EEA Residence for EU nationals) which I applied alongside my residence card.Does she need to apply for any settlement too in anyway?

Please advise.

Thanks

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Humble request for help!

Post by kamoe » Thu Apr 11, 2019 2:13 pm

euscape1 wrote:
Thu Apr 11, 2019 1:09 pm
I have been married since October,2014 to my EU wife (..)

However, at the moment, my wife will be 5yrs in the country by july and marriage will be 5yrs by October,2019 respectively while son will be 4yrs by October.It is also confirmed that my wife hasn’t had a gap in her employment history as affirmed by the HMRC...come May,2019 she would have completed 5yrs of employment without gaps.
The above means you both qualify for Settled status come October 2019.
In addition, I get to know there is an introduction of Eu settlement scheme which is not quite clear to me.
Can I get to know if I had to wait till October 2019 before applying for ILR or can I join in the EU scheme (pool) which was launched on the 30th of March to apply or do I have to wait till October to be qualified?
You can apply to the Settledment Scheme at any time, but if you apply before October 2019 you will only get Pre-Settled status. You will probably need to apply again for Settled Status once you complete the 5 years. If you are not in need of an urgent residence document, for example, if you already have a valid Residence Card, then you have no reason to apply now, and you can wait wait until October, so you just have to apply once. This is actually what the HO encourages.

If you are in need of an urgent document proving your own right to work, for example, your RC has expired, then you might want to consider applying for Pre-Settled status now.
Lastly,When is my son due to apply for British passport?
Was he born in the UK?
My wife already has EU residence (Blue Card/EEA Residence for EU nationals) which I applied alongside my residence card.Does she need to apply for any settlement too in anyway?
If you want your son to be British, one of you has to have Settled Status (ILR for EU) or Permanent Residence.

But regardless, all EU nationals need to apply for Settled status before June 2021 or December 2020 if no deal. She has time, but she has to do it eventually.
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.

euscape1
Junior Member
Posts: 63
Joined: Mon Jun 29, 2015 7:25 am

Re: Humble request for help!

Post by euscape1 » Thu Apr 11, 2019 2:36 pm

kamoe wrote:
Thu Apr 11, 2019 2:13 pm
euscape1 wrote:
Thu Apr 11, 2019 1:09 pm
I have been married since October,2014 to my EU wife (..)

However, at the moment, my wife will be 5yrs in the country by july and marriage will be 5yrs by October,2019 respectively while son will be 4yrs by October.It is also confirmed that my wife hasn’t had a gap in her employment history as affirmed by the HMRC...come May,2019 she would have completed 5yrs of employment without gaps.
The above means you both qualify for Settled status come October 2019.
In addition, I get to know there is an introduction of Eu settlement scheme which is not quite clear to me.
Can I get to know if I had to wait till October 2019 before applying for ILR or can I join in the EU scheme (pool) which was launched on the 30th of March to apply or do I have to wait till October to be qualified?
You can apply to the Settledment Scheme at any time, but if you apply before October 2019 you will only get Pre-Settled status. You will probably need to apply again for Settled Status once you complete the 5 years. If you are not in need of an urgent residence document, for example, if you already have a valid Residence Card, then you have no reason to apply now, and you can wait wait until October, so you just have to apply once. This is actually what the HO encourages.

If you are in need of an urgent document proving your own right to work, for example, your RC has expired, then you might want to consider applying for Pre-Settled status now.
Lastly,When is my son due to apply for British passport?
Was he born in the UK?
Yes,he was born here. Thank you so much Kamoe.This is all very helpful.
My wife already has EU residence (Blue Card/EEA Residence for EU nationals) which I applied alongside my residence card.Does she need to apply for any settlement too in anyway?
If you want your son to be British, one of you has to have Settled Status (ILR for EU) or Permanent Residence.

But regardless, all EU nationals need to apply for Settled status before June 2021 or December 2020 if no deal. She has time, but she has to do it eventually.

euscape1
Junior Member
Posts: 63
Joined: Mon Jun 29, 2015 7:25 am

Appropriate Visa Type Please!

Post by euscape1 » Thu May 16, 2019 3:03 pm

Hello everyone,

I am a bit confused regarding the right time and category of visa to apply for at this point since the new EU Settlement rule came on-board. I have tried to applied for the EU Settlement via the mobile app but it keeps giving me error message as' British national are not permitted to apply for this'.The ironic part is,I am not even a British national yet as my marriage to an EU partner will only be 5yrs by October,2019 although I have the EEA national family member of 5yrs visa.

My question is: Do I still need to wait till it completes 5yrs before I can apply for the Indefinite Leave to Remain or am I qualified already? Especially with all the new EU application routes on hand?Knowing that my marriage with EEA wife was in 2014,Oct?

Please,advise!

Thanks

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Appropriate Visa Type Please!

Post by kamoe » Thu May 16, 2019 3:48 pm

euscape1 wrote:
Thu May 16, 2019 3:03 pm
I have tried to applied for the EU Settlement via the mobile app but it keeps giving me error message as' British national are not permitted to apply for this'.
Unless you are trying to scan a British passport this should not be happening.
Contact the resolution center to report this, explaining the steps to replicate this error.
My question is: Do I still need to wait till it completes 5yrs before I can apply for the Indefinite Leave to Remain or am I qualified already? Especially with all the new EU application routes on hand?Knowing that my marriage with EEA wife was in 2014,Oct?
My answer above is quite detailed and already answers all of these questions. Nothing has changed since I wrote it.
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.

euscape1
Junior Member
Posts: 63
Joined: Mon Jun 29, 2015 7:25 am

Re: Appropriate Visa Type Please!

Post by euscape1 » Fri May 17, 2019 8:29 am

Thank you Kamoe.

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