ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

URGENT - Overstay after my family permit expires?

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

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Tue Dec 24, 2019 2:04 pm

Obie wrote:
Tue Dec 24, 2019 12:57 pm
You can travel with a pre settled status Residence card. Provided it is in biometrics form.

Those who have biometrics residence card, will continue to use it until after June 2021.
Thanks Obie for the clarity. I hope my husband will get a biometric card once he gets granted his pre-settlement status

birkeneve
Junior Member
Posts: 63
Joined: Fri May 24, 2019 4:25 pm
Canada

Re: URGENT - Overstay after my family permit expires?

Post by birkeneve » Tue Dec 24, 2019 2:22 pm

Zadith14 wrote:
Tue Dec 24, 2019 2:03 pm
Thanks Obie for the clarity. I hope my husband will get a biometric card once he gets granted his pre-settlement status
It will take some time. I applied in September and received my COA in October. Called a few times and been told the paper version is a first come first served basis. Meanwhile, my EEA minor son has had his pre-settled since October.

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Tue Dec 24, 2019 4:37 pm

birkeneve wrote:
Tue Dec 24, 2019 2:22 pm
Zadith14 wrote:
Tue Dec 24, 2019 2:03 pm
Thanks Obie for the clarity. I hope my husband will get a biometric card once he gets granted his pre-settlement status
It will take some time. I applied in September and received my COA in October. Called a few times and been told the paper version is a first come first served basis. Meanwhile, my EEA minor son has had his pre-settled since October.
My husband applied online and linked my reference number with his application hence why he didn't need to do the paper application. Hopefully it won't take too long for him to get a response.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 7:34 am

Re: URGENT - Overstay after my family permit expires?

Post by iwolga » Tue Dec 24, 2019 4:37 pm

@iwolga. How are you? Hope you and your family are making the most of the festival periods. I wanted to ask if you have received a response regarding your UK residence card as yet.
Hi there! No, still waiting. We cancelled our holiday plans with visiting family in the NL and NY in Prague. But well, enjoying time with my husband. It's just 2 of us in UK: all family and friends are on the continent.

By recent updates, it takes around 3-4 months for both schemes, so yes, I can just sit and wait.

I'm happy things are moving for your husband! Once he gets pre-settled status, you don't need to apply for card for him: it will be issued automatically as he is non-EU.

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Tue Dec 24, 2019 5:38 pm

iwolga wrote:
Tue Dec 24, 2019 4:37 pm
@iwolga. How are you? Hope you and your family are making the most of the festival periods. I wanted to ask if you have received a response regarding your UK residence card as yet.
Hi there! No, still waiting. We cancelled our holiday plans with visiting family in the NL and NY in Prague. But well, enjoying time with my husband. It's just 2 of us in UK: all family and friends are on the continent.

By recent updates, it takes around 3-4 months for both schemes, so yes, I can just sit and wait.

I'm happy things are moving for your husband! Once he gets pre-settled status, you don't need to apply for card for him: it will be issued automatically as he is non-EU.
Glad to hear from you. Continue to enjoy with your hubby.
His application for pre-settlement status online was straight forward and not sure if that's a good thing or not. He has his biometric appointment in a week time. It says on the website biometric appointment don't take no longer than a few minutes.

Any ideas what he should bring with me during appointment? He will bring passport and proof of him living in the UK such as bills on his name. His digital picture was uploaded on the system during application.

Does it take that long for a response? When I called to query, they say up to 6 weeks for pre-settlement status. I will call them after new year to ask again.

birkeneve
Junior Member
Posts: 63
Joined: Fri May 24, 2019 4:25 pm
Canada

Re: URGENT - Overstay after my family permit expires?

Post by birkeneve » Tue Dec 24, 2019 7:06 pm

He’ll need to bring his passport.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 7:34 am

Re: URGENT - Overstay after my family permit expires?

Post by iwolga » Tue Dec 24, 2019 7:51 pm

I don’t really know re the process for EU Settlement and what is required and when. However there’s a topic here with timelines which can be handy. I think recently people report getting status after 1.5-2 months (and waiting for the card). There are some extreme cases with more than 5 months wait. But let’s hope that these are unfortunate exclusions.

I believe they are also calculating the lead time from bio appointment rather than from the day when you finish your online application. So the sooner the better!

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Tue Dec 24, 2019 9:16 pm

birkeneve wrote:
Tue Dec 24, 2019 7:06 pm
He’ll need to bring his passport.
He will do. Thank you

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Tue Dec 24, 2019 9:19 pm

iwolga wrote:
Tue Dec 24, 2019 7:51 pm
I don’t really know re the process for EU Settlement and what is required and when. However there’s a topic here with timelines which can be handy. I think recently people report getting status after 1.5-2 months (and waiting for the card). There are some extreme cases with more than 5 months wait. But let’s hope that these are unfortunate exclusions.

I believe they are also calculating the lead time from bio appointment rather than from the day when you finish your online application. So the sooner the better!
Thanks for info. What is the topic so I can follow please.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 7:34 am

Re: URGENT - Overstay after my family permit expires?

Post by iwolga » Tue Dec 24, 2019 11:14 pm


Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Wed Dec 25, 2019 9:04 am

iwolga wrote:
Tue Dec 24, 2019 11:14 pm
This one for EU Settlement scheme: eea-route-applications/eu-settlement-no ... 78577.html
Thanks a lot. It is very useful

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Sun Feb 23, 2020 3:38 pm

iwolga wrote:
Tue Nov 19, 2019 11:47 pm
Zadith14 wrote:
Tue Nov 19, 2019 11:31 pm
iwolga wrote:
Tue Nov 19, 2019 11:14 pm
Zadith14 wrote:
Tue Nov 19, 2019 10:56 pm

Thanks a lot @iwolga for referring me to look at the 2 optioms above for residence card and pre-settlement. I got an insight into thw 2 options for my husband who is a non-eea with family pemit. I also called the number provided by gov website about pre-settlement, they have advised me to apply for him online and they will be section that implies my details to his application and we will have to send his documents to the home office for an approval. They also mentioned that he has the eight to work by providing the code to employers via the gov website https://www.gov.uk/prove-right-to-work. Residence card also seems good as he will get the residence card however I note it will not continue after 30 December 2020. I am wondering whether a different card will be issued to prove right to work etc
From your description I understand that you will go with EU Settlement Scheme right away. Your husband will be issued a card and status which will be valid for 5 years. As this is a UK immigration scheme you will not need to do anything for Brexit. The card will not expire on 31st of December next year.

An old scheme card will not be valid without Settlement application done before 31/12/20. I however understand that the card itself will not be exchanged unless expired or needs an upgrade for permanent residence card
If I understand correctly, our best option will be pre-settlement status since it is also a mandatory for EEA and their family. However when I called them today they did not say he will receive a card to state his status. Does he still to apply for RC even after he is granted pre'settle status? What would you recommend we do? Lawyers are not giving me much guidance and I don't want to spent a lot of money with them if we can do it ourselves.
He will get the card as the result of his Settlement Scheme application. No need to apply separately. The rule is: if there is an existing BRC, they only do online status change linked to the card. If no card was issued before, they issue it at the end of Settlement Scheme application.

I’m myself waiting for the decision and card (and I have FP), so 100% match with what you are asking. My consultant was also just explaining 2 possible routes for me.

My decision was to try to get EEA2 card, which is an old route according to EU rules. The reasoning behind this was:
1. I need Schengen visa for traveling. It’s easier to get visa/no visa required with EEA card. I hope that this won’t be cancelled due to Brexit (but it is a possibility it will)
2. My husband and I don’t plan to live in UK for the rest of our lives (at least for now), so it can be handier for my future relocation to the continent to have EU card. Of course, I don’t know how it’s gonna be handled later with Brexit. I assume there’s still a chance there’s going to be some adjustment period, which we may use to relocate.
3. My plan is to get the citizenship of my husband rather than UK citizenship. Though there is no legal requirement to live in EU to naturalize, something tells me it may be easier.

All of the above is just my opinion and a bit of speculation over unknown Brexit outcome, so don’t take it as advice. This is just me sharing my chain of thoughts.

My husband had already got his pre-settled status in September, so once I receive my card (hopefully!), I will indeed apply for the pre-settlement quoting his application number. Yes, it is extra step but I decided to do it.
@iwolga. I just want to say thank you for your guidance. My husband received his BRC(pre-settlement status) through the route of eu settlement today. It says on remarks "work permitted and leave to remain. Unsure what the "leave to remain" means in greater details.
I want to know if there are restrictions to travel outside of UK. We are planning to go to either Brussels or Paris for a short trip for our honeymoon since we never really celebrate it due to long distance relation.
I also want to know if he requires to apply for the old route EEA2 and whether this would facilitate him to travel in Europe countries.

For those waiting, I wish everyone will get a good outcome of their applications.

Here is my husband timeline:Married to me (eu national with ILR).

-Application sent December 2019
-Appointment for fingers printings etc on 8th January 2020 (late booking as it was the only date free of charge online hence selected)
-COA received 2 weeks after appointment
-BRC received 23rd Feb 2020.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 7:34 am

Re: URGENT - Overstay after my family permit expires?

Post by iwolga » Sun Feb 23, 2020 5:33 pm

Hi, I’m glad it all worked out fine for you and your husband! It was also relatively quick.

Re travel restrictions: it depends on what you call “a restriction”. You can leave the UK and enter the UK with EUSS card and passport as many times as you like.

If your husband requires visa to go to Schengen countries, he needs to get visa before you travel. Unfortunately, EUSS card doesn’t allow you to travel visa free to the rest of Europe.


Leave to remain means right to remain for some time. Basically, this is just a fancy word for the fact that your husband is allowed to reside in the UK for certain time.

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Sun Feb 23, 2020 5:54 pm

iwolga wrote:
Sun Feb 23, 2020 5:33 pm
Hi, I’m glad it all worked out fine for you and your husband! It was also relatively quick.

Re travel restrictions: it depends on what you call “a restriction”. You can leave the UK and enter the UK with EU Settlement Scheme card and passport as many times as you like.

If your husband requires visa to go to Schengen countries, he needs to get visa before you travel. Unfortunately, EU Settlement Scheme card doesn’t allow you to travel visa free to the rest of Europe.


Leave to remain means right to remain for some time. Basically, this is just a fancy word for the fact that your husband is allowed to reside in the UK for certain time.
Hi thank you for the above clarity.
I just need to figure out regarding visa to travel etc.
I am not sure if he needs to apply for EEA2 to facilitate him to facilitate travelling

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 7:34 am

Re: URGENT - Overstay after my family permit expires?

Post by iwolga » Sun Feb 23, 2020 6:04 pm

Zadith14 wrote:
Sun Feb 23, 2020 5:54 pm
iwolga wrote:
Sun Feb 23, 2020 5:33 pm
Hi, I’m glad it all worked out fine for you and your husband! It was also relatively quick.

Re travel restrictions: it depends on what you call “a restriction”. You can leave the UK and enter the UK with EU Settlement Scheme card and passport as many times as you like.

If your husband requires visa to go to Schengen countries, he needs to get visa before you travel. Unfortunately, EU Settlement Scheme card doesn’t allow you to travel visa free to the rest of Europe.


Leave to remain means right to remain for some time. Basically, this is just a fancy word for the fact that your husband is allowed to reside in the UK for certain time.
Hi thank you for the above clarity.
I just need to figure out regarding visa to travel etc.
I am not sure if he needs to apply for EEA2 to facilitate him to facilitate travelling
From my point of view it’s easier to get visas. The card and status you’ve got is valid for 5 years. EEA2 is not a status, it’s a card. So basically you’ll need to return your EUSS card (but I’m not sure re this part) to have it exchanged for EEA card. It took me 4 months to get it, so you shall expect it towards May.

Free travel with EEA card will only be allowed till the end of 2020. And then you’ll need to apply for exchange of the card again...

As a family member of EEA citizen, your husband can apply for Schengen visa with a decreased amount of paperwork. As far as I recall, he doesn’t need to prove financial requirements and provide pre-booked tickets.

Zadith14
Junior Member
Posts: 68
Joined: Mon Nov 18, 2019 1:12 am

Re: URGENT - Overstay after my family permit expires?

Post by Zadith14 » Sun Feb 23, 2020 6:18 pm

iwolga wrote:
Sun Feb 23, 2020 6:04 pm
Zadith14 wrote:
Sun Feb 23, 2020 5:54 pm
iwolga wrote:
Sun Feb 23, 2020 5:33 pm
Hi, I’m glad it all worked out fine for you and your husband! It was also relatively quick.

Re travel restrictions: it depends on what you call “a restriction”. You can leave the UK and enter the UK with EU Settlement Scheme card and passport as many times as you like.

If your husband requires visa to go to Schengen countries, he needs to get visa before you travel. Unfortunately, EU Settlement Scheme card doesn’t allow you to travel visa free to the rest of Europe.


Leave to remain means right to remain for some time. Basically, this is just a fancy word for the fact that your husband is allowed to reside in the UK for certain time.
Hi thank you for the above clarity.
I just need to figure out regarding visa to travel etc.
I am not sure if he needs to apply for EEA2 to facilitate him to facilitate travelling
From my point of view it’s easier to get visas. The card and status you’ve got is valid for 5 years. EEA2 is not a status, it’s a card. So basically you’ll need to return your EU Settlement Scheme card (but I’m not sure re this part) to have it exchanged for EEA card. It took me 4 months to get it, so you shall expect it towards May.

Free travel with EEA card will only be allowed till the end of 2020. And then you’ll need to apply for exchange of the card again...

As a family member of EEA citizen, your husband can apply for Schengen visa with a decreased amount of paperwork. As far as I recall, he doesn’t need to prove financial requirements and provide pre-booked tickets.
OK I see. I think I need to dig deeper regarding travelling and visa requirements for BRC etc. I find out more about EEA card.

Locked
cron