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EU Settlement Scheme & Toufik Lounes cases

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

it91
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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Mon Aug 19, 2019 4:23 pm

ariskar wrote:
Mon Aug 19, 2019 11:05 am
it91 wrote:
Fri Aug 16, 2019 2:37 pm
ariskar wrote:
Fri Aug 16, 2019 9:52 am

We have been advised over the phone by the EU Resolution Centre that the "service standard" for the paper applications is 6 months. However, I doubt EU Settlement Scheme applications would on average take that long. I guess it would vary a lot on each individual circumstances, whether they need to prove qualifying period or hold ILR/PR, if there has been some cessation/death or other specific condition applicable, etc.
Thanks. I phoned them at least 3 times and each time they kept saying that they cannot give me a time frame, not even mentioning about 6 months. Do you know when my current visa expires after december, am I eligible to stay and work until it’s issued (assuming that it’ll take about 6 months and finalised in February)?
I quote below the exert from the CoA Certificate of Application that Home Office issues (normally by email, don't know about paper applications)

Note for employers

A person who has applied under the EU Settlement Scheme may already have a right to
work in the UK on the basis of EU law.
Currently, EEA and Swiss citizens can demonstrate their right to work with their valid EEA
or Swiss passport or national identity card, and non-EEA family members of EEA or Swiss
citizens can demonstrate their right to work in the UK with a valid biometric residence
document.
If a non-EEA family member of an EEA or Swiss citizen does not have a biometric

residence document, you can request information about their right to work by using the e-
form which can be found by following this link:

www.immigrationstatuscheck.service.gov.uk/employers/.
Further information about the Employer Checking Service and the responsibilities of
employers can be found at: www.gov.uk/employee-immigration-employment-status.
Yours sincerely,

UKVI European Casework
On Behalf of the Secretary of State
Thanks for this detailed information.

Another application? I think I will die! Why do they have to make everything THAT DIFFICULT?
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Tue Aug 20, 2019 7:38 am

it91 wrote:
Mon Aug 19, 2019 4:23 pm

Thanks for this detailed information.

Another application? I think I will die! Why do they have to make everything THAT DIFFICULT?
The purportedly simple 30 minutes application with 1-4 days decision time to protect EU residents and their family rights in shambles by the institutionally dearly beloved public service department. I wonder the treatment and fate of pending TL applications past the Brexit day in case of no deal.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Tue Aug 20, 2019 8:21 am

I wonder the treatment and fate of pending TL applications past the Brexit day in case of no deal.
I am wondering the same... I tend to believe that any application placed before October 31st will still follow the TL judgement even if it's decided after October 31st.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Tue Aug 20, 2019 8:28 am

Zerubbabel wrote:
Tue Aug 20, 2019 8:21 am
I wonder the treatment and fate of pending TL applications past the Brexit day in case of no deal.
I am wondering the same... I tend to believe that any application placed before October 31st will still follow the TL judgement even if it's decided after October 31st.
Do you think would it be better to apply through British spousal visa route? Or aren’t we allowed to apply as a family member of a dual citizen?

Before finding out Lounes case, i spoke to a solicitor who said I shouldn’t apply to PSS, only UK spousal visa should be my route. I didn’t believe in him and decided to proceed my application on my own. But now started to think maybe he had a point given the Brexit uncertanity. Do you know are we eligible to apply through British route if there is a problem with the current PSS application via TL case?
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Tue Aug 20, 2019 8:59 am

My understanding is: as long as someone has a British passport, he falls (or his family members fall to be accurate) under the UK Immigration routes in principle. But as EEA routes are sometimes better, some landmark cases opened some "holes" in this principle: Surinder Singh (for British who lived in the UE), Lounes for naturalized British who kept their EEA citizenship...

Sometimes, you can be in a situation where both an EEA and a UK route are open for you. Previously, solicitors used to recommend the EEA routes. Now, with the Brexit uncertainty, I understand why your solicitor recommend the UK route.

However, as you already applied under Lounes route, I would say just let it go and wait for the outcome.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Tue Aug 20, 2019 9:41 am

Zerubbabel wrote:
Tue Aug 20, 2019 8:59 am
My understanding is: as long as someone has a British passport, he falls (or his family members fall to be accurate) under the UK Immigration routes in principle. But as EEA routes are sometimes better, some landmark cases opened some "holes" in this principle: Surinder Singh (for British who lived in the UE), Lounes for naturalized British who kept their EEA citizenship...

Sometimes, you can be in a situation where both an EEA and a UK route are open for you. Previously, solicitors used to recommend the EEA routes. Now, with the Brexit uncertainty, I understand why your solicitor recommend the UK route.

However, as you already applied under Lounes route, I would say just let it go and wait for the outcome.
Thanks. I spoke to other people and some naturalised people got their spouses visas through UK route, but they were completely unaware of EEA route. I guess at this stage the only thing I can do is to wait, and every four weeks give them a call to ask the progress.

My CoA has just arrived yesterday. So arrival of my CoA took 3 weeks. I will update when I’ll hear the result here.
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Tue Aug 20, 2019 9:53 am

Hopefully it will work. Just keep chasing for updates.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Tue Aug 20, 2019 11:38 am

Zerubbabel wrote:
Tue Aug 20, 2019 8:21 am
I wonder the treatment and fate of pending TL applications past the Brexit day in case of no deal.
I am wondering the same... I tend to believe that any application placed before October 31st will still follow the TL judgement even if it's decided after October 31st.
What you said makes sense and I would tend to think the same is most likely. Unfortunately, common sense is not the way HO always operates. It is good to remember that the entire EUSS settlemement scheme is a draft regulation and has no statutory (legal) basis as it is part of the withdrawal agreement bill and has not passed into legislation to be part of the Immigration Rules as an Act. Thus the caseworker public service work does not qualify as enactment by definition of UK law.

In essence, the HO can do whatever they like with EUSS applications, provided they are not in breach of other UK and (as long as applicable) EU laws already in force, which renders administrative review of limited force and judicial review on the basis of UK Immigration law entirely irrelevant.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Tue Aug 20, 2019 12:27 pm

Thank you for your input.

I feel like we are in the wild and Home Office is milking this messy Brexit situation to do as they please.

Technically, they are shortening the life of tons of EEA residence permits and asking holders to submit applications again.

I know a bunch of people with EEA cards ending in 2021 or 2022 but they all will be considered invalid on 12/2020. To keep going, they need to submit to that scheme which is in fact a review of their immigration status but outside usual legal framework.

It's a big mess.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Tue Aug 20, 2019 1:48 pm

Dear moderators, I find it interesting that all my comments in this topic about discrimination of applicant on the basis of an additional nationality of their partner (race) by this procedural segregation (fact) are edited. It is not venting to show my frustration or defame any individual or public servant. It is the right of people to not be treated unfavourably because of (also) holding British nationality, as it is unlawful under UK law (Equality Act 2010, section 29). I am just raising awareness of the fact and informing fellow members of their rights to challenge such treatment under UK and EU law.
Last edited by ariskar on Tue Aug 20, 2019 1:51 pm, edited 1 time in total.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by CR001 » Tue Aug 20, 2019 1:51 pm

ariskar wrote:
Tue Aug 20, 2019 1:48 pm
Dear moderators, I find it interesting that all my comments in this topic about discrimination of applicant on the basis of an additional nationality of their partner (race) by this procedural segregation (fact) are edited. It is not venting to show my frustration or defame any individual or public servant. It is the right of people to not be treated unfavourably because of (also) holding British nationality, as it is unlawful under UK law (Equality Act 2010, section 29). I am just raising awareness of the fact.
We are not sitting here editing your posts!!! It is the boards admin settings, auto correct and word censor function.
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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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Wed Aug 21, 2019 8:45 am

We have an update on the online application.

Upon challenging the lawfulness of the requirement of a paper form application as discriminatory in breach of section 29 of Equality Act 2010, the senior caseworker has decided NOT to reject the online application as invalid.

The online application has been deemed valid in CoA letter and now referred to special cases unit for a decision.

Moreover, we have challenged that the 44 page paper application is not relevant for applicants with ILR under EU11(2) who are not relying on any "qualifying period" for their settled status entitlement.

We hope to create a precedent so that other "Toufik Lounes cases applicants" will be able to apply online and are not treated as "second class" applicants.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Wed Aug 21, 2019 1:04 pm

ariskar wrote:
Wed Aug 21, 2019 8:45 am
We have an update on the online application.

Upon challenging the lawfulness of the requirement of a paper form application as discriminatory in breach of section 29 of Equality Act 2010, the senior caseworker has decided NOT to reject the online application as invalid.

The online application has been deemed valid in CoA letter and now referred to special cases unit for a decision.

Moreover, we have challenged that the 44 page paper application is not relevant for applicants with ILR under EU11(2) who are not relying on any "qualifying period" for their settled status entitlement.

We hope to create a precedent so that other "Toufik Lounes cases applicants" will be able to apply online and are not treated as "second class" applicants.
Amazing! They listened!

Let see how they treat the application now.

But I am really amazed!

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Wed Aug 21, 2019 2:31 pm

Zerubbabel wrote:
Wed Aug 21, 2019 1:04 pm
Amazing! They listened!

Let see how they treat the application now.

But I am really amazed!
It ain't over until the fat lady sings. I will keep you posted. :wink:

By the way, there is an additional complication in our case as my spouse (the non-EU applicant) holds ILR through settlement refugee route. As the refugee status cannot lapse or be replaced, if not voluntarily withrdwawn, voided or revoked (for a limited / specific reasons under Immigration Rules and UNHCR) the settled status under EUSS would be an additional status to the existing ILR: Settlement of a Refugee (she holds a convention travel document for refugees, not a national passport). The EU resolution centre have indeed confirmed this, in the case of a grant the applicant will hold a BRP:ILR and a new BRC:Settled Status. I think this dual status may be also complicating their position regarding the assessment of this application. Still, based on EUSS rule 11, condition 2, the eligibility for EUSS:Settled status is obvious. Also the EUSS rules do not forbid refugees (settled or not) to apply to the scheme. In reality the EUSS settled status is not necessary for us, it is just an entitlement. Hence we have nothing to lose by going hard after them, particularly given our experience and long wait following the online application and CoA.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Thu Aug 29, 2019 9:07 pm

Today I called HO, and it turns out that the caseworker has not started to work on my case yet. Probably it hasn’t even been allocated to a caseworker...

They say when I will get closer to run out my current visa (on December) and if I don’t hear about the decision yet, they can escalate the case.

I’m afraid because of Brexit they’re way too busy and it will take god knows how long.

View&proove your rights website doesn’t show my progress either...
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Fri Aug 30, 2019 1:01 pm

An update following a call with the EU Resolution centre:

1. The online application (CoA: 19 July 2019 - The identity is verified, therefore no biometrics required) is now with a caseworker.
2. The paper application form sent without any ID or supporting documents (sent online application CoA so that they can take all documents/ID from there) has been registered and they said they are sending a biometric enrolment letter. :lol:

Two EUSS applications for the same applicant in progress at the same time. One needs biometric enrolment, the other doesn't. Home Office does not cease to surprise and amaze. :lol:

Of course no word on the complaint made about discrimination, despite their answer service standards have been exceeded.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Fri Aug 30, 2019 6:35 pm

ariskar wrote:
Fri Aug 30, 2019 1:01 pm
An update following a call with the EU Resolution centre:

1. The online application (CoA: 19 July 2019 - The identity is verified, therefore no biometrics required) is now with a caseworker.
2. The paper application form sent without any ID or supporting documents (sent online application CoA so that they can take all documents/ID from there) has been registered and they said they are sending a biometric enrolment letter. :lol:

Two EU Settlement Scheme applications for the same applicant in progress at the same time. One needs biometric enrolment, the other doesn't. Home Office does not cease to surprise and amaze. :lol:

Of course no word on the complaint made about discrimination, despite their answer service standards have been exceeded.
Hi
For the one you got CoA, do you know when exactly your case was allocated to the case worker?

It looks like my case still hasn’t been allocated to the caseworker (CoA issued on 12nd of Aug, Loubes Case). Did it take you a month for it to be allocated to the caseworker?
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Sat Aug 31, 2019 10:29 am

ariskar wrote:
Fri Aug 30, 2019 1:01 pm
An update following a call with the EU Resolution centre:

1. The online application (CoA: 19 July 2019 - The identity is verified, therefore no biometrics required) is now with a caseworker.
2. The paper application form sent without any ID or supporting documents (sent online application CoA so that they can take all documents/ID from there) has been registered and they said they are sending a biometric enrolment letter. :lol:

Two EU Settlement Scheme applications for the same applicant in progress at the same time. One needs biometric enrolment, the other doesn't. Home Office does not cease to surprise and amaze. :lol:

Of course no word on the complaint made about discrimination, despite their answer service standards have been exceeded.
Also what i’ve understood from your statemebt is, actually they have merged your applications, instead of keeping two applications going on at the same time. Am I wrong?
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Sat Aug 31, 2019 10:56 am

it91 wrote:
Fri Aug 30, 2019 6:35 pm

Hi
For the one you got CoA, do you know when exactly your case was allocated to the case worker?

It looks like my case still hasn’t been allocated to the caseworker (CoA issued on 12nd of Aug, Lounes Case). Did it take you a month for it to be allocated to the caseworker?
The case was allocated to a "special cases" (per EU resolution call centre) caseworker last week, although another caseworker has looked at it before CoA was issued. I lodged a couple of complaints and had several calls, hence I wouldn't say my online application (30 June) took till last week to go to a caseworker.
it91 wrote:
Sat Aug 31, 2019 10:29 am

Also what i’ve understood from your statement is, actually they have merged your applications, instead of keeping two applications going on at the same time. Am I wrong?
No, you have understood wrong, it is rather the opposite. Both cases with the same applicant (online and paper form) are being considered separately at the same time, and we expect two separate decisions. This is what we were advised yesterday by the EU resolution centre over a phone call. Now if we trust what we are told by the EU resolution call centre and what HO will do in the end is a different story.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Sun Sep 08, 2019 8:32 am

ariskar wrote:
Sat Aug 31, 2019 10:56 am
it91 wrote:
Fri Aug 30, 2019 6:35 pm

Hi
For the one you got CoA, do you know when exactly your case was allocated to the case worker?

It looks like my case still hasn’t been allocated to the caseworker (CoA issued on 12nd of Aug, Lounes Case). Did it take you a month for it to be allocated to the caseworker?
The case was allocated to a "special cases" (per EU resolution call centre) caseworker last week, although another caseworker has looked at it before CoA was issued. I lodged a couple of complaints and had several calls, hence I wouldn't say my online application (30 June) took till last week to go to a caseworker.
it91 wrote:
Sat Aug 31, 2019 10:29 am

Also what i’ve understood from your statement is, actually they have merged your applications, instead of keeping two applications going on at the same time. Am I wrong?
No, you have understood wrong, it is rather the opposite. Both cases with the same applicant (online and paper form) are being considered separately at the same time, and we expect two separate decisions. This is what we were advised yesterday by the EU resolution centre over a phone call. Now if we trust what we are told by the EU resolution call centre and what HO will do in the end is a different story.
Any news from these both applications?

I suspect that it will take up to 6 months, means they’ll take all the time they can take!
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Sun Sep 08, 2019 12:43 pm

it91 wrote:
Sun Sep 08, 2019 8:32 am
ariskar wrote:
Sat Aug 31, 2019 10:56 am
it91 wrote:
Fri Aug 30, 2019 6:35 pm

Hi
For the one you got CoA, do you know when exactly your case was allocated to the case worker?

It looks like my case still hasn’t been allocated to the caseworker (CoA issued on 12nd of Aug, Lounes Case). Did it take you a month for it to be allocated to the caseworker?
The case was allocated to a "special cases" (per EU resolution call centre) caseworker last week, although another caseworker has looked at it before CoA was issued. I lodged a couple of complaints and had several calls, hence I wouldn't say my online application (30 June) took till last week to go to a caseworker.
it91 wrote:
Sat Aug 31, 2019 10:29 am

Also what i’ve understood from your statement is, actually they have merged your applications, instead of keeping two applications going on at the same time. Am I wrong?
No, you have understood wrong, it is rather the opposite. Both cases with the same applicant (online and paper form) are being considered separately at the same time, and we expect two separate decisions. This is what we were advised yesterday by the EU resolution centre over a phone call. Now if we trust what we are told by the EU resolution call centre and what HO will do in the end is a different story.
Any news from these both applications?

I suspect that it will take up to 6 months, means they’ll take all the time they can take!
No news. My spouse has just enrolled biometrics free of charge at a Post Office, as requested for the paper form application. Funny enough, no biometrics were required for the online application, CoA was issued and BRP was returned, while for the paper form where we didnt submit any documents or ID (referred them to online application with CoA letter as the only supporting document), they required biometric enrollment.

I am wondering if settled status is granted in the end, the holder will have ILR BRP and Settled status BRC at the same time.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by ariskar » Tue Sep 10, 2019 9:31 am

The Statement of changes to the Immigration Rules HC 2631, coming into force on 1 October 2019 clarifies that Toufik Lounes cases in the EUSS are valid through online application if made within the UK.

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by Zerubbabel » Tue Sep 10, 2019 2:11 pm

Congratulations man! You made them change their process :)

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Tue Sep 10, 2019 4:51 pm

ariskar wrote:
Tue Sep 10, 2019 9:31 am
The Statement of changes to the Immigration Rules HC 2631, coming into force on 1 October 2019 clarifies that Toufik Lounes cases in the EU Settlement Scheme are valid through online application if made within the UK.
It’s great news for the fresh applicants! I wish I did not have to wait that long for my paper application.
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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Re: EU Settlement Scheme & Toufik Lounes cases

Post by it91 » Wed Sep 11, 2019 9:00 am

Hi all,
I wanted to share my good news.

My PSS under Lounes Case granted, yay! (Letter dated 30st of August). Everything took about a month.

Good luck to all applicants under this scheme.
24.01.15-31.12.19:Tier 4 visa
02.08.19: Applied to Lounes PSS
08.08.219: Passports back with biometrics letter
12.08.19: Biometrics submitted
15.08.19: CoA issued (received on 19th)
30.08.19: PSS Granted
09.09.19: BRC arrived
31.11.19:BRC replacement

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