EU settlement - Non EU family member - CoA and decision time

1990phusang · Post by **1990phusang** » Sat Aug 31, 2019 8:01 am

I applied yesterday and gave the bio matrices at the same day . And the staff from bio matrices said that they have submitted my bio matrices to gov.co .uk . And I have checked so many time today and yesterday after bio matrices in my application where we can log in . It’s says still I need to book appointment for the further complete application. Is this happen to anyone or I don’t know . They should have said my application is fully complete but not yet

please let me know if this normal . Or I happen to me only .

hrak1978 · Post by **hrak1978** » Sat Aug 31, 2019 8:23 am

I got my settled status on 12th July and still it shoes i need to book biometric.

There r still some fields which they need to sorted out.

So dont worry. Just wait for your COA and decision. Dont worry about this issue

sp84 · Post by **sp84** » Sat Aug 31, 2019 9:46 am

Hi folks - I hope I'm posting this in the right place. Apologies if I am not!

I am from (and currently living) in Northern Ireland. I renounced my British citizenship in 2016 and brought my non-EU spouse to NI using the EEA family permit route on my Irish passport. Been living here without any issues for the last 3 years.

I applied for her 5 year UK residence card almost immediately after arriving in NI. It was successfully granted in Jan 2017 and expires in 2022. She had to do biometrics during the application and the card has her picture on it. Under "type of permit" it says Family member - EU residence. Work permitted.

I am just hoping for a little clarity around the EU settlement scheme. I have not applied yet (for either of us) - because I see that the deadline, even in the event of a no deal, is Dec 2020. And if I'm honest - seeing some of the scare stories of people being rejected, has me a little spooked, so I've been avoiding it.

I have read the guidelines and please correct me if I am wrong ...

1) I do not need to apply for myself as an Irish passport holder (I was going to anyway - as I assume I would get accepted right away)

2) Due to the fact that my wife already has a valid UK Residence card - is it practically a guarantee that she will be given "pre-settled status" ? As through this process she has already done her biometrics, proven we are married etc

3) If she is given "pre-settled status" - does the clock practically reset for her (what I mean is; from that point on - will she have 5 years to work towards becoming "settled" - thus cancelling our the 2022 date currently on her residence card)?

4) In the event of a no deal on Oct 31st - will her current UK Residence card allow her to travel in and out of the country seeing as it does not expire until 2022?

5) For the application - will I have to submit pay slips, proof of CSI etc to prove that I have been working (a lot like was needed for the Residence Card application) ? Or is the settlement scheme more straightforward

Finally....

6) Would you recommend that I apply now? Or - because the deadline is 16 months away, not worry too much about it yet?

Thanks and sorry for the post being so long! Just hoping for a little guidance!

iibdii · Post by **iibdii** » Sat Aug 31, 2019 2:53 pm

Hello sp
Being Irish national you do not need to go for settlement scheme However you can if you want to.
Your wife need to apply as the old BRC will be outlawed as i heard but thats pretty straight forward for brc holders
They just need your NI number and they will check your proof of income, working everything.
Im in similar situation but my wife didn't renounce British nationality yet so i was refused my PR even after i was issued 5 year EU permit.
Im still waiting on Settlement scheme decision if they dont issue me we will renounce British citizenship and try again.
Best of luck with your application

sp84 · Post by **sp84** » Sat Aug 31, 2019 3:13 pm

iibdii wrote: ↑
Sat Aug 31, 2019 2:53 pm
Hello sp
Being Irish national you do not need to go for settlement scheme However you can if you want to.
Your wife need to apply as the old BRC will be outlawed as i heard but thats pretty straight forward for brc holders
They just need your NI number and they will check your proof of income, working everything.
Im in similar situation but my wife didn't renounce British nationality yet so i was refused my PR even after i was issued 5 year EU permit.
Im still waiting on Settlement scheme decision if they dont issue me we will renounce British citizenship and try again.
Best of luck with your application

Thank you!!!

Do you happen to know when her current BRC will no longer be valid? Just debating about when I should apply.

Also - my wife does work here and has done for the last year. Our daughter was born in early 2017 and she was a stay at home mum until she turned 1 year old ...BUT...what does her working matter in terms of her application for the EU settlement scheme? She gains all her rights to be here through myself and my status here as a working EU national?

Thanks!

iibdii · Post by **iibdii** » Sun Sep 01, 2019 3:57 am

@sp
I dont think there is date yet but someone mentioned December 2020 it also depends on deal or no deal Brexit.

RJW · Post by **RJW** » Sun Sep 01, 2019 2:45 pm

UK Resident: 10 years (Ancestry Visa)
Durable Partner of EU Citizen: 6 1/2 years (married 28 April 2019)
Applied: 14 May 2019
Biometric Residence Permit submitted for Proof of Identity: 15 May 2019
Request for Biometrics: 18 June 2019
Biometrics provided: 25 July 2019
Certificate of Application: 2 August 2019
Decision (Pre-Settled Status): 16 August 2019

Process initially delayed due to using BRP to prove identity. (Called Resolution Centre beforehand to question why three options were noted in the applicant guidance but only two on the application form - was told to select biometric residence card and that not having BRP option on form was an oversight that would be corrected.)

Told on two separate occasions that biometrics would not be required, and also once that I would not be contacted by letter while away in Canada for a family medical emergency. Letter requesting biometrics found by relative checking mail during my absence - requested and received extension to provide biometrics when I returned to UK.

Complained via phone that applicant guidance suggests non-EU family members of EU citizens will receive settled status if they have been resident in UK 5 years or more. Requirement to have "relevant document" for that that period ("family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card") disadvantages residence permit holders such as those having a UK Ancestry Visa.

Written complaint re BRP delay, biometrics request misinformation and negligent applicant guidance submitted to Resolution Centre. Will update when response received.

oxy78 · Post by **oxy78** » Sun Sep 01, 2019 5:40 pm

1990phusang wrote: ↑
Sat Aug 31, 2019 8:01 am
I applied yesterday and gave the bio matrices at the same day . And the staff from bio matrices said that they have submitted my bio matrices to gov.co .uk . And I have checked so many time today and yesterday after bio matrices in my application where we can log in . It’s says still I need to book appointment for the further complete application. Is this happen to anyone or I don’t know . They should have said my application is fully complete but not yet please let me know if this normal . Or I happen to me only .

I am not sure about your situation. But for example my situation: I received my settled status but when I log in to my application I can see : We can not start your application until you have given your biometric information. But I already done biometric and even received settled status. So it's probably problem with Tech.

Jabir314 · Post by **Jabir314** » Mon Sep 02, 2019 9:54 am

asadaqeel wrote: ↑
Thu Aug 08, 2019 1:20 pm
Hi Guys

Has anyone in the group applied through retained rights or have information on it.

It been a month since i did biometrics, still no decision.
I was unable to provide my ex valid ID.
But i provided them with expired ID.
Really stressed, can anybody help ?
Many Thanks

Hi Asadaqeel
Any update on your case ?

asadaqeel · Post by **asadaqeel** » Mon Sep 02, 2019 10:27 am

Jabir314 wrote: ↑
Mon Sep 02, 2019 9:54 am

asadaqeel wrote: ↑
Thu Aug 08, 2019 1:20 pm
Hi Guys

Has anyone in the group applied through retained rights or have information on it.

It been a month since i did biometrics, still no decision.
I was unable to provide my ex valid ID.
But i provided them with expired ID.
Really stressed, can anybody help ?
Many Thanks
Hi Asadaqeel
Any update on your case ?

Hi Jabir,

No same situation. Wbu ?

Thanks

Ingaevone · Post by **Ingaevone** » Mon Sep 02, 2019 10:49 am

I just wanted to check if I will receive a biometric card for pre-settled status if I used my Ancestry visa biometric card to apply? I received an email saying I was granted pre-settled status on 30/8/2019. It doesn’t specifically say if I personally will get a biometric card, it just says if I do not currently have a biometric residence card I will be issued with one in seven days. I did have to enrol my biometrics at the post office for this application, so does that mean I probably will get a new biometric card?

abimfol · Post by **abimfol** » Mon Sep 02, 2019 12:38 pm

Hi guys, please I have a question. I have a family permit for 6 months under the EU settlement scheme that will expire January 2020. I want to apply for pre-settled and will be going for biometrics next week. What I want to ask is can I leave the UK and if I do so will I be able to return to the UK using the family permit?

Please someone should help clarify this.

Thanks

askmeplz82 · Post by **askmeplz82** » Mon Sep 02, 2019 1:39 pm

RJW wrote: ↑
Sun Sep 01, 2019 2:45 pm

Complained via phone that applicant guidance suggests non-EU family members of EU citizens will receive settled status if they have been resident in UK 5 years or more. Requirement to have "relevant document" for that that period ("family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card") disadvantages residence permit holders such as those having a UK Ancestry Visa.
.

You can not get Settled Status for 2 reasons

- You are not married to an EU citizen for 5 years and lived in the UK as an EEA family member
- Even if you are in relationship with the EU citizen for more then 6 years you never send any application under EEA LAW and it's accepted by Home Office

So your right under EEA Law start from Marriage date. You are only eligible for Pre settled status. There is nothing you can do. everything written in Appendix EU legislation

iwolga · Post by **iwolga** » Mon Sep 02, 2019 1:53 pm

Hi, abimfol,

You will need to send your passport by post for ID purposes (or did you already get it back?). So unless you already have your passport returned from HO, I don't see how you going to be travelling.

AshJK · Post by **AshJK** » Mon Sep 02, 2019 2:21 pm

RJW wrote: ↑
Sun Sep 01, 2019 2:45 pm

....

Complained via phone that applicant guidance suggests non-EU family members of EU citizens will receive settled status if they have been resident in UK 5 years or more. Requirement to have "relevant document" for that that period ("family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card") disadvantages residence permit holders such as those having a UK Ancestry Visa.

Written complaint re BRP delay, biometrics request misinformation and negligent applicant guidance submitted to Resolution Centre. Will update when response received.

I'm in a similar situation where one gets punished for changing to a EU Settlement visa with all previous years getting nullified (except if used towards a 10 yr period based settled status which costs a potload more) and one has to wait for another 5 yrs for settled status because the caseworker guidance is written that way. I don't think you you will get any useful response on your complaint since they have acted as per the written caseworker guidance. The situation calls for a change in law and has to be taken up with the home secretary and/or the law has to be challenged in court.

Bringing press attention and writing to non-right winger MPs may help the cause.

Assuming the 3 million figure often highlighted in the press is about EU nationals, I would extrapolate that over a 100000 non-EU spouses are adversely affected by this caseworker guidance that dumps many people who have spent well over 5 yrs in the UK, most of them tax payers, into pre settled status with a further 5 yr wait required for just settled status.

Perhaps worth starting an independent thread since this one is now loaded with a ton of stuff unrelated to the original topic.

RJW · Post by **RJW** » Mon Sep 02, 2019 4:14 pm

Thanks for your replies, askmeplz82 and AshJK.

I'm aware that the pre-settlement status decision I received won't be changed to a settlement one - at least, not in the short term! Apart from noting the administrative errors, my complaint focussed on the negligent lack of detail for non-EU family members in the document found at https://www.gov.uk/settled-status-eu-ci ... led-status. Again, even Resolution Centre representatives admitted that it wasn't clear enough for us.

It was only after my application was submitted that I became aware of being able to access the caseworker guidance and Appendix EU online. Important decisions had been made by then. Even just one sentence referring non-EU family members to those documents for further details would have made a world of difference to me (and to others, no doubt).

Somewhat surprisingly, employees in my Conservative MP's office were very generous in their assistance. It's telling that they also initially figured I should receive settled status. However, once it became absolutely clear to all of us that legal change would be required before my pre-settlement decision could be altered, I said that it was a battle for another time. Any EU Settlement Scheme-related energy I've had since has gone into pushing for the faulty applicant guidance to be improved.

As you suggest, AshJK, I'll start a new thread ending with "Switching Status" instead of "CoA and decision time".

AshJK · Post by **AshJK** » Mon Sep 02, 2019 5:56 pm

....

Somewhat surprisingly, employees in my Conservative MP's office were very generous in their assistance. It's telling that they also initially figured I should receive settled status. However, once it became absolutely clear to all of us that legal change would be required before my pre-settlement decision could be altered, I said that it was a battle for another time. Any EU Settlement Scheme-related energy I've had since has gone into pushing for the faulty applicant guidance to be improved.

As you suggest, AshJK, I'll start a new thread ending with "Switching Status" instead of "CoA and decision time".

I have nothing against the Conservatives. But I wouldn't expect the average conservative MP to put his time and muscle into acting in the interest of a minority of his constituents. Anyway, on point, I think the new thread would have to be titled to end with 'Discriminatory Settled status period requirement'. Or something very specific that captures the point. As I mentioned earlier, this is a specific problem that affects a minority, but an economically and politically significant minority, and I would only expect the affected parties to be motivated to pull together to sort this out.

CR001 · Post by **CR001** » Mon Sep 02, 2019 5:58 pm

AshJK wrote: ↑
Mon Sep 02, 2019 5:56 pm

....

Somewhat surprisingly, employees in my Conservative MP's office were very generous in their assistance. It's telling that they also initially figured I should receive settled status. However, once it became absolutely clear to all of us that legal change would be required before my pre-settlement decision could be altered, I said that it was a battle for another time. Any EU Settlement Scheme-related energy I've had since has gone into pushing for the faulty applicant guidance to be improved.

As you suggest, AshJK, I'll start a new thread ending with "Switching Status" instead of "CoA and decision time".
I have nothing against the Conservatives. But I wouldn't expect the average conservative MP to put his time and muscle into acting in the interest of a minority of his constituents. Anyway, on point, I think the new thread would have to be titled to end with 'Discriminatory Settled status period requirement'. Or something very specific that captures the point. As I mentioned earlier, this is a specific problem that affects a minority, but an economically and politically significant minority, and I would only expect the affected parties to be motivated to pull together to sort this out.

The user has started a separate topic now, please continue responding there as you asked.

Raj0089 · Post by **Raj0089** » Mon Sep 02, 2019 6:04 pm

Hi ,I hope anyone could help me with this question..
I am a family member of an EU national,I have been granted RC on 2016 obviously if I apply now then I should get PRE-SATTELED status.
Once I got pre sattled status do I need to wait another 5(five)years to get sattled status or I can apply after 2(two) years for sattled status.
As 2016 to 2019= 3years
2019 to 2021=2 years.
Please any one know about this ?

AshJK · Post by **AshJK** » Mon Sep 02, 2019 6:29 pm

Raj0089 wrote: ↑
Mon Sep 02, 2019 6:04 pm
Hi ,I hope anyone could help me with this question..
I am a family member of an EU national,I have been granted RC on 2016 obviously if I apply now then I should get PRE-SATTELED status.
Once I got pre sattled status do I need to wait another 5(five)years to get sattled status or I can apply after 2(two) years for sattled status.
As 2016 to 2019= 3years
2019 to 2021=2 years.
Please any one know about this ?

Assuming your case is a straightforward one without going into a lot of side possibilities, then provided the relationship based on which your first RC was issued in 2016 still subsists with the same basis at the end of the 5 yr period (2021), your pre settled status will change to settled status on application in 2021. If the relationship basis on which you file the presettled application is going to be a new one, or is expected to change after application, then you will have to give more details and ask this question.

abimfol · Post by **abimfol** » Mon Sep 02, 2019 7:03 pm

iwolga wrote: ↑
Mon Sep 02, 2019 1:53 pm
Hi, abimfol,

You will need to send your passport by post for ID purposes (or did you already get it back?). So unless you already have your passport returned from HO, I don't see how you going to be travelling.

No, I'm yet to send my passport. But I believe it would be sent back to me in matter of days. I don't know but that's what I read

Raj0089 · Post by **Raj0089** » Mon Sep 02, 2019 7:23 pm

To AshJk
Thanks for your replay ....I think I have got my answer.

Jabir314 · Post by **Jabir314** » Mon Sep 02, 2019 9:57 pm

asadaqeel wrote: ↑
Mon Sep 02, 2019 10:27 am

Jabir314 wrote: ↑
Mon Sep 02, 2019 9:54 am

asadaqeel wrote: ↑
Thu Aug 08, 2019 1:20 pm
Hi Guys

Has anyone in the group applied through retained rights or have information on it.

It been a month since i did biometrics, still no decision.
I was unable to provide my ex valid ID.
But i provided them with expired ID.
Really stressed, can anybody help ?
Many Thanks
Hi Asadaqeel
Any update on your case ?
Hi Jabir,

No same situation. Wbu ?

Thanks

Hi asadaqeel
No nothing. Still waiting. I’m very nerves about this. It’s been a long time now. I’m very worried.

iwolga · Post by **iwolga** » Mon Sep 02, 2019 10:12 pm

abimfol wrote: ↑
Mon Sep 02, 2019 7:03 pm

iwolga wrote: ↑
Mon Sep 02, 2019 1:53 pm
Hi, abimfol,

You will need to send your passport by post for ID purposes (or did you already get it back?). So unless you already have your passport returned from HO, I don't see how you going to be travelling.
No, I'm yet to send my passport. But I believe it would be sent back to me in matter of days. I don't know but that's what I read

Ow! I will be starting the same process this or next week. Can you please let me know here how fast did you get your passport back? We are planning holidays in November and I’m not sure it is smart to book anything as the process isn’t very clear

Nasara1 · Post by **Nasara1** » Tue Sep 03, 2019 5:33 am

Jabir314 wrote: ↑
Mon Sep 02, 2019 9:57 pm

asadaqeel wrote: ↑
Mon Sep 02, 2019 10:27 am

Jabir314 wrote: ↑
Mon Sep 02, 2019 9:54 am

asadaqeel wrote: ↑
Thu Aug 08, 2019 1:20 pm
I did apply based on retained rights.Submitted my biometrics on the 9th of July.No response yet.I've called them several times .I have given up calling now.I am just waiting.
Hi Guys

Has anyone in the group applied through retained rights or have information on it.

It been a month since i did biometrics, still no decision.
I was unable to provide my ex valid ID.
But i provided them with expired ID.
Really stressed, can anybody help ?
Many Thanks
Hi Asadaqeel
Any update on your case ?
Hi Jabir,

No same situation. Wbu ?

Thanks
Hi asadaqeel
No nothing. Still waiting. I’m very nerves about this. It’s been a long time now. I’m very worried.

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Re: EU settlement - Non EU family member - CoA and decision time

Re: EU settlement - Non EU family member - CoA and decision time

Re: EU settlement - Non EU family member - CoA and decision time