Ancestry and EU Settlement Scheme

armonline · Post by **armonline** » Mon Aug 19, 2019 7:01 pm

Hi,
I've read a couple threads similar to mine but I'm still confused.
I'm nearing the end of my 5 years on an Ancestry visa, have been living together with an EU citizen for the last last 3.5 years (unmarried partner with proof of joint tenancy agreement) and will be married soon.

1) Is it possible for me to apply for settled status as a family member of an EU citizen with my 5 year period on Ancestry visa?

If I was to apply but was given pre-settled status instead:
2) How many years would I need to get settled status considering my situation (will the unmarried partner period count)?
3) Would I still be able to apply for ILR based on Ancestry visa or does my route change?

Thanks

CR001 · Post by **CR001** » Mon Aug 19, 2019 7:14 pm

1) Is it possible for me to apply for settled status as a family member of an EU citizen with my 5 year period on Ancestry visa?

No. Ancestry visas are completely different rules and requirements.

If I was to apply but was given pre-settled status instead:
2) How many years would I need to get settled status considering my situation (will the unmarried partner period count)?

5 years from date of issue.

3) Would I still be able to apply for ILR based on Ancestry visa or does my route change?

Possibly unless your visa is cancelled when you get pre settled status.

Given the uncertainty of brexit, it is probably worthwhile to go the ilr visa ancestry route.

referendum-news-and-developments/uk-to- ... 87097.html

armonline · Post by **armonline** » Mon Aug 19, 2019 7:16 pm

**Edit**

1) Is it possible for me to apply for settled status as a family member of an EU citizen (who has settled status) with my 5 year period on Ancestry visa?

CR001 · Post by **CR001** » Mon Aug 19, 2019 7:34 pm

armonline wrote: ↑
Mon Aug 19, 2019 7:16 pm
**Edit**

1) Is it possible for me to apply for settled status as a family member of an EU citizen (who has settled status) with my 5 year period on Ancestry visa?

No.

Ingaevone · Post by **Ingaevone** » Mon Aug 19, 2019 8:04 pm

Isn’t settled status granted 5 years from the date of marriage? I’m also on Ancestry and am married to an EU national. I have applied to the scheme and was under the impression that it’s 5 years from the date of marriage and not from the date you’ve been granted pre-settled status. In other words surely If I’m granted pre-settled status now aI can switch it to settled status once I’ve been married for 5 years instead of spending 5 years on pre-settled status?

secret.simon · Post by **secret.simon** » Mon Aug 19, 2019 8:17 pm

Ingaevone wrote: ↑
Mon Aug 19, 2019 8:04 pm
Isn’t settled status granted 5 years from the date of marriage?

Your question is very different from the OP's, who is not married to the EEA citizen.

If you are married to an EEA citizen, then five years legal residence in the UK (assuming that the EEA citizen is also resident in the UK for those five years) should get you Settled Status, regardless of which visa you are on (i.e. I think that you can aggregate time spent on multiple different visas provided that you remained a family member of the EEA Citizen throughout the five years).

armonline · Post by **armonline** » Tue Aug 20, 2019 8:18 am

Thanks for you input.

I found a very interesting case: Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 which is outlined here
Durable Partners of EU citizens & Derived Rights

The court decision in this case was that Ms Christy had derived right of “facilitation” as the durable partner of an EU citizen.

So my understanding is that I would be able to claim derived rights as a durable partner of an EU citizen having proof of living together and being in a relationship for 3.5 years. This would mean if I got pre-settled status, I would only need another 1.5 years to apply for settled status and not 5 years?

armonline · Post by **armonline** » Tue Aug 20, 2019 7:32 pm

Sorry the link I posted is the actual case, I meant to post this link:

Third party immigration lawyer weblink removed by moderator

CR001 · Post by **CR001** » Tue Aug 20, 2019 7:50 pm

armonline wrote: ↑
Tue Aug 20, 2019 7:32 pm
Sorry the link I posted is the actual case, I meant to post this link:

Third party immigration lawyer weblink removed by moderator

Your previous lawyer link was removed and replaced with the official case reference link. Kindly refrain from posting immigration lawyer links, they are not permitted on the forum.

BrunoK1441 · Post by **BrunoK1441** » Wed Aug 21, 2019 3:07 pm

Ingaevone wrote: ↑
Mon Aug 19, 2019 8:04 pm
Isn’t settled status granted 5 years from the date of marriage? I’m also on Ancestry and am married to an EU national. I have applied to the scheme and was under the impression that it’s 5 years from the date of marriage and not from the date you’ve been granted pre-settled status. In other words surely If I’m granted pre-settled status now aI can switch it to settled status once I’ve been married for 5 years instead of spending 5 years on pre-settled status?

I am in a similar situation to you, Aussie on UK Ancestry visa married to EU national in UK already with settled status.

Can I ask how the application for pre-settled status based on your EU partner went? Do you know what happens to your Ancestry visa afterwards?

CR001 · Post by **CR001** » Wed Aug 21, 2019 3:12 pm

BrunoK1441 wrote: ↑
Wed Aug 21, 2019 3:07 pm

Ingaevone wrote: ↑
Mon Aug 19, 2019 8:04 pm
Isn’t settled status granted 5 years from the date of marriage? I’m also on Ancestry and am married to an EU national. I have applied to the scheme and was under the impression that it’s 5 years from the date of marriage and not from the date you’ve been granted pre-settled status. In other words surely If I’m granted pre-settled status now aI can switch it to settled status once I’ve been married for 5 years instead of spending 5 years on pre-settled status?
I am in a similar situation to you, Aussie on UK Ancestry visa married to EU national in UK already with settled status.

Can I ask how the application for pre-settled status based on your EU partner went? Do you know what happens to your Ancestry visa afterwards?

She hasn't applied, only posted the query a couple of days ago. She also isn't married to her EU partner, so it is slightly different.

Ingaevone · Post by **Ingaevone** » Thu Aug 22, 2019 11:02 am

BrunoK1441 wrote: ↑
Wed Aug 21, 2019 3:07 pm

Ingaevone wrote: ↑
Mon Aug 19, 2019 8:04 pm
Isn’t settled status granted 5 years from the date of marriage? I’m also on Ancestry and am married to an EU national. I have applied to the scheme and was under the impression that it’s 5 years from the date of marriage and not from the date you’ve been granted pre-settled status. In other words surely If I’m granted pre-settled status now aI can switch it to settled status once I’ve been married for 5 years instead of spending 5 years on pre-settled status?
I am in a similar situation to you, Aussie on UK Ancestry visa married to EU national in UK already with settled status.

Can I ask how the application for pre-settled status based on your EU partner went? Do you know what happens to your Ancestry visa afterwards?

The Home Office is still processing my application. I applied on 16/6/2019 using my Ancestry Visa biometric card. I received a letter a few weeks later asking me to submit my biometrics (for free) at a post office that provides that service. I submitted my biometrics on 27/07/2019. I didn’t hear from them after that so I emailed them last week saying that I haven’t received a certificate of application. They replied saying that they have my complete application and shortly after that email I received a certificate of application in the post. So basically they’re still processing my application. It’s been over 2 months now since I’ve submitted. I’m not entirely sure what happens with my Ancestry visa. Since pre-settled status is just a status my Ancestry Visa might still be valid once I’ve been granted pre-settled status.

secret.simon · Post by **secret.simon** » Thu Aug 22, 2019 12:44 pm

Ingaevone wrote: ↑
Thu Aug 22, 2019 11:02 am
Since pre-settled status is just a status my Ancestry Visa might still be valid once I’ve been granted pre-settled status.

Pre-settled status is shorthand for what is essentially Leave to Remain under Appendix EU of the UK Immigration Rules.

As you can hold only one status/leave to remain under the UK Immigration Rules at any given point in time, if your Pre-Settled status application is successful, your Ancestry visa/leave to remain will be replaced by your Appendix EU leave to remain (aka pre-settled status).

BrunoK1441 · Post by **BrunoK1441** » Sun Aug 25, 2019 8:10 am

Ingaevone wrote: ↑
Thu Aug 22, 2019 11:02 am

BrunoK1441 wrote: ↑
Wed Aug 21, 2019 3:07 pm

Ingaevone wrote: ↑
Mon Aug 19, 2019 8:04 pm
Isn’t settled status granted 5 years from the date of marriage? I’m also on Ancestry and am married to an EU national. I have applied to the scheme and was under the impression that it’s 5 years from the date of marriage and not from the date you’ve been granted pre-settled status. In other words surely If I’m granted pre-settled status now aI can switch it to settled status once I’ve been married for 5 years instead of spending 5 years on pre-settled status?
I am in a similar situation to you, Aussie on UK Ancestry visa married to EU national in UK already with settled status.

Can I ask how the application for pre-settled status based on your EU partner went? Do you know what happens to your Ancestry visa afterwards?
The Home Office is still processing my application. I applied on 16/6/2019 using my Ancestry Visa biometric card. I received a letter a few weeks later asking me to submit my biometrics (for free) at a post office that provides that service. I submitted my biometrics on 27/07/2019. I didn’t hear from them after that so I emailed them last week saying that I haven’t received a certificate of application. They replied saying that they have my complete application and shortly after that email I received a certificate of application in the post. So basically they’re still processing my application. It’s been over 2 months now since I’ve submitted. I’m not entirely sure what happens with my Ancestry visa. Since pre-settled status is just a status my Ancestry Visa might still be valid once I’ve been granted pre-settled status.

Thanks for sharing your experience! I'd be really interested to find out what happens/when you finally receive an answer.

Did you have to send off your Visa biometrics residence card and does the Home Office still have it if so? I travel frequently for work so I'm wondering if this will be an issue.

Thanks again!

Ingaevone · Post by **Ingaevone** » Mon Sep 02, 2019 10:57 am

Hi Bruno

I was granted pre-settled status on 30/8/2019, with my application having been submitted on 16/6/2019. Yes I had to send my biometric card for my Ancestry Visa to the Home Office as it’s the identity document I used to apply. They sent it back quite quickly though, I can’t remember the exact number of days but I think it was under two weeks. Browsing this forum it seems like the application process is actually quicker to apply using your passport instead of a Biometric residence card if the card is for a visa not in the EU family category. I’m not sure if I’ll get a new biometric card for pre-settled status, will have to wait and see.

BrunoK1441 · Post by **BrunoK1441** » Sat Dec 14, 2019 1:05 pm

Ingaevone wrote: ↑
Mon Sep 02, 2019 10:57 am
Hi Bruno

I was granted pre-settled status on 30/8/2019, with my application having been submitted on 16/6/2019. Yes I had to send my biometric card for my Ancestry Visa to the Home Office as it’s the identity document I used to apply. They sent it back quite quickly though, I can’t remember the exact number of days but I think it was under two weeks. Browsing this forum it seems like the application process is actually quicker to apply using your passport instead of a Biometric residence card if the card is for a visa not in the EU family category. I’m not sure if I’ll get a new biometric card for pre-settled status, will have to wait and see.

Thanks for the update and im glad it all went well for you!
Can I ask if you were eventually sent a new biometrics card to replace your ancestry one? Just wondering what will happen if I want to travel outside UK as I assume my Ancestry BRC will be obsolete.

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