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Administrative Review against pre settled status awarded

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

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Leo_one
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Administrative Review against pre settled status awarded

Post by Leo_one » Fri Jun 21, 2019 9:16 am

Hi I am EU national granted Settled status in EU settlement scheme and applied for as well but they awarded her pre settled status. We are living together since 2012 and got 1 child who born in 2013. We got married in August 2016 but they did not count that period which time she spent before marriage though we have 1 child with this relationship. When I applied they asked me prove of relationship only and I believe they counted only period from marriage which is less then 3 years but our son is 6 years old. I have applied for administrative review and provided them all her presence prove from 2013 with me like hospital record, child birth certificate born in London, NHS card utilities bills and council tax bill covered almost 6 years.
I would like to know if anyone have experience in this same situation and what outcome.
Also need advice if somewhere i made mistake please share. Thanks

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CR001
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Re: Administrative Review against pre settled status awarded

Post by CR001 » Fri Jun 21, 2019 9:20 am

What was your non EU partners immigration status before the date you married??
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Leo_one
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Re: Administrative Review against pre settled status awarded

Post by Leo_one » Fri Jun 21, 2019 9:36 am

CR001 wrote:
Fri Jun 21, 2019 9:20 am
What was your non EU partners immigration status before the date you married??
She got the EU family member permit for 5 years and will be expired in 10/2020.

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Re: Administrative Review against pre settled status awarded

Post by CR001 » Fri Jun 21, 2019 9:39 am

What is her immigration history since the date she arrived in the UK??
Char (CR001 not Casa)
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Leo_one
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Re: Administrative Review against pre settled status awarded

Post by Leo_one » Fri Jun 21, 2019 9:40 am

Leo_one wrote:
Fri Jun 21, 2019 9:36 am
CR001 wrote:
Fri Jun 21, 2019 9:20 am
What was your non EU partners immigration status before the date you married??
She got the EU family member permit for 5 years and will be expired in 10/2020.
Now in EU settlement scheme they gave her pre settled. Our son born in 2013 2 years before our registration of marriage in UK.

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CR001
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Re: Administrative Review against pre settled status awarded

Post by CR001 » Fri Jun 21, 2019 9:45 am

You are not answering my question. If she got a RC expiring in 2020, then it was granted in 2015.

What date did she enter the UK and on what visa?

What date was the RC granted??

What was her immigration status in the UK between date of entry to the UK and the date the RC was granted??

Your son being born is irrelevant. I am asking about your partner, who presumably came to the UK at some point in 2012/2013.
Char (CR001 not Casa)
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Leo_one
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Re: Administrative Review against pre settled status awarded

Post by Leo_one » Fri Jun 21, 2019 9:51 am

CR001 wrote:
Fri Jun 21, 2019 9:39 am
What is her immigration history since the date she arrived in the UK??
She came on visit visa in 2012 and we got religious marriage because of on her visa we were not allowed to get registration of marriage. Then after born of my son I sent the application as EU family member and mother of French child to Home office. They gave her permit for 5 years.

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Re: Administrative Review against pre settled status awarded

Post by CR001 » Fri Jun 21, 2019 9:56 am

The time before her RC was granted doesn't count. She had no legal status in the UK until that date in 2015.

Was her RC issued as partner of EU citizen or as mother of EU child?

Your religious marriage is irrelevant as it won't be recognised in the UK if it was an Islamic marriage.
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.

Leo_one
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Re: Administrative Review against pre settled status awarded

Post by Leo_one » Fri Jun 21, 2019 9:59 am

Leo_one wrote:
Fri Jun 21, 2019 9:51 am
CR001 wrote:
Fri Jun 21, 2019 9:39 am
What is her immigration history since the date she arrived in the UK??
She came on visit visa in 2012 and we got religious marriage because of on her visa we were not allowed to get registration of marriage. Then after born of my son I sent the application as EU family member and mother of French child to Home office. They gave her permit for 5 years in October 2015.

Leo_one
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Re: Administrative Review against pre settled status awarded

Post by Leo_one » Fri Jun 21, 2019 10:05 am

CR001 wrote:
Fri Jun 21, 2019 9:56 am
The time before her RC was granted doesn't count. She had no legal status in the UK until that date in 2015.

Was her RC issued as partner of EU citizen or as mother of EU child?

Your religious marriage is irrelevant as it won't be recognised in the UK if it was an Islamic marriage.
Agreed Islamic marriage doesn't consider and she got the EU family member visa on partner basis. Do you think they will consider my request for settled status for her and if not should I wait till her five years complete and then apply for settled status. Advice me please and thank you very much your kind help and advice.

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Re: Administrative Review against pre settled status awarded

Post by CR001 » Fri Jun 21, 2019 10:10 am

She qualifies for settled status in 2020, once she has held the RC for 5 years and has 5 years residence under the EEA rules.
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Re: Administrative Review against pre settled status awarded

Post by askmeplz82 » Fri Jun 21, 2019 10:13 am

for settled STATUS it need to married for 5 years or 5 years after EU permit issued date if unmarried. Home office was right not to issue your partner settled status. you will waste money
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

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