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Urgent! I got a refusal on EU settlement scheme

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

lichzz
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Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Thu Mar 05, 2020 10:34 am

I got a refusal letter today.

I applied as a civil partnership of an Eu member. I uploaded a lot of proof of relationship include our civil partnership certificate and contract.
They said it is not a valid proof as I'm applying as a durable partner.

But I checked the website and guideline state family member is spouse and civil partner.
I also called the resolution centre when I made the application and they say it's ok.
In the refusal letter i attached, they ask me to apply for a residence card.
It also says I have 28 calendar day to apply for a Administrative review.

This is my timeline
Application 28, Oct 2019
COA 06, Nov 2019
My original tier 4 visa expired Jan 2020
ask to upload contract of civil partnership 27, Feb 2020
Refusal 04, March 2020

I can’t believe they make me wait so long and keep telling me everything is fine every time I called.
I don't know what to do now, should I apply for administration review?
Now without a valid visa can I apply for RC?
Can I Still work tomorrow?
How long is the time frame that I can still stay and think about my next step?

askmeplz82
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Re: Urgent! I got a refusal on EU settlement scheme

Post by askmeplz82 » Thu Mar 05, 2020 12:36 pm

I don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement

You don't need visa to apply under eea freemovement.
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

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Thu Mar 05, 2020 1:22 pm

askmeplz82 wrote:
Thu Mar 05, 2020 12:36 pm
I don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement

You don't need visa to apply under eea freemovement.
Hi thanks for your reply.
Applying EEA free movement do you mean apply to Resident card in the UK?

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Zerubbabel
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Zerubbabel » Thu Mar 05, 2020 1:26 pm


IST
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Re: Urgent! I got a refusal on EU settlement scheme

Post by IST » Thu Mar 05, 2020 4:45 pm

lichzz wrote:
Thu Mar 05, 2020 10:34 am
I got a refusal letter today.

I applied as a civil partnership of an Eu member. I uploaded a lot of proof of relationship include our civil partnership certificate and contract.
They said it is not a valid proof as I'm applying as a durable partner.

But I checked the website and guideline state family member is spouse and civil partner.
I also called the resolution centre when I made the application and they say it's ok.
In the refusal letter i attached, they ask me to apply for a residence card.
It also says I have 28 calendar day to apply for a Administrative review.

This is my timeline
Application 28, Oct 2019
COA 06, Nov 2019
My original tier 4 visa expired Jan 2020
ask to upload contract of civil partnership 27, Feb 2020
Refusal 04, March 2020

I can’t believe they make me wait so long and keep telling me everything is fine every time I called.
I don't know what to do now, should I apply for administration review?
Now without a valid visa can I apply for RC?
Can I Still work tomorrow?
How long is the time frame that I can still stay and think about my next step?
Hi Lichzz

You should have a right of appeal under a new law was introduced for all EU Settlement Scheme application to have a right of appeal to court

Many Thanks

Richard W
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Thu Mar 05, 2020 7:10 pm

askmeplz82 wrote:
Thu Mar 05, 2020 12:36 pm
I don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement
An English civil partnership is as good as a marriage in England for the purposes of the EUSS. (There might be some differences in the other countries of the UK, but I don't think there are.) Someone has made the mistake of treating the application as an application on the basis of a durable partnership. I think it is worth asking for an administrative review, but the OP should check that he didn't apply as a durable partner by mistake.

Richard W
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Thu Mar 05, 2020 7:19 pm

lichzz wrote:
Thu Mar 05, 2020 10:34 am
Can I Still work tomorrow?
If your partner is a 'qualified person', e.g. working a normal job, then you are his family member and legally permitted to work. It would then be unlawful to dismiss or suspend you on the excuse that you had no right to work.
lichzz wrote:
Thu Mar 05, 2020 10:34 am
How long is the time frame that I can still stay and think about my next step?
You need to do something by 30 June 2021. However, you should rapidly consider asking for an administrative review - it seems that the case worker has made a major mistake. Alternatively, you may have misunderstood a question, and accidentally answered incorrectly. If you have made the mistake, it will probably be quicker for you to apply again.

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Re: Urgent! I got a refusal on EU settlement scheme

Post by Obie » Thu Mar 05, 2020 8:00 pm

I am in agreement with Richard. A civil partnership certificate, where ever it was undertaken ought to have suffice, the scheme people are wrong as you have a right to a settled status.
Smooth seas do not make skilful sailors

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Fri Mar 06, 2020 6:40 pm

Richard W wrote:
Thu Mar 05, 2020 7:10 pm
askmeplz82 wrote:
Thu Mar 05, 2020 12:36 pm
I don't know who told you to apply under eu settlement. only married couple can apply under eu settlement with just marriage certificate. If you don't have marriage certificate then you should apply under EEA FREEMOVEMENT first . and if approved then UNDER EU settlement
An English civil partnership is as good as a marriage in England for the purposes of the EU Settlement Scheme. (There might be some differences in the other countries of the UK, but I don't think there are.) Someone has made the mistake of treating the application as an application on the basis of a durable partnership. I think it is worth asking for an administrative review, but the OP should check that he didn't apply as a durable partner by mistake.
When I submit an administrative review, what more evidence should I upload?
Or I simply tell them they should recognize my civil partnership?

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Fri Mar 06, 2020 6:42 pm

Zerubbabel wrote:
Thu Mar 05, 2020 1:26 pm
This application:

https://assets.publishing.service.gov.u ... -03-19.pdf
If I apply for an EEA(FM), should I apply as a durable partner of a civil partner?
I'm clearly a civil partner so should I still give all those evidence to show we live together for 2+ years?

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Zerubbabel
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Zerubbabel » Fri Mar 06, 2020 6:51 pm

You can have an EU Settlement Scheme application on-going but nothing prevents you from applying under EEA route too. This would give you 2 applications and if one works, you are fine.

Apply as EEA FM. Family Member, not Extended Family member.

Still, to maximise your chances document it as if you were filling an application as a durable partner. So go full steam on proof of joint commitments, proof of relationship... as to close the door to any refusal based on the fact that they don't believe the relationship is genuine.

Send also proof that your partner is exercising Treaty Right. In this case, that he is working.

Richard W
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Sat Mar 07, 2020 8:01 am

lichzz wrote:
Fri Mar 06, 2020 6:40 pm
When I submit an administrative review, what more evidence should I upload?
Or I simply tell them they should recognize my civil partnership?
I would simply point that you qualify as the 'spouse of civil partner' of a 'relevant EEA citizen'. I'm not sure that you can submit extra evidence for an administrative review.

Have you reviewed your answers to the questions?

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Mon Mar 09, 2020 1:53 pm

Richard W wrote:
Sat Mar 07, 2020 8:01 am
lichzz wrote:
Fri Mar 06, 2020 6:40 pm
When I submit an administrative review, what more evidence should I upload?
Or I simply tell them they should recognize my civil partnership?
I would simply point that you qualify as the 'spouse of civil partner' of a 'relevant EEA citizen'. I'm not sure that you can submit extra evidence for an administrative review.

Have you reviewed your answers to the questions?
Hi, I'm now preparing to submit an EEA(FM) application.
I aim to submit it in 14 days.
I think about my question, caseworker called me once and ask am I married. I said no I'm in a civil partnership. Did I answer it wrong?

I'm still thinking if I should apply for administrative review, I don't know if I apply and they refuse again will they tell me to leave this time. Cause in my existing refusal letter it didn't tell me to leave and I talk to immigration advisor who said it's because the home office is aware of my situation as an EU family member so they didn't tell me to leave. They just want me to use a residence card or family permit as evidence to apply EU settlement scheme.

NatCam
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Re: Urgent! I got a refusal on EU settlement scheme

Post by NatCam » Mon Mar 09, 2020 3:23 pm

Your mistake was that you applied as a "durable partner" (It was a wrong application, you should have applied as a civil partner.) and then uploaded the civil partnership agreement that was written in French. The Home Office is not obliged to translate applicants documents. You need to apply again and present all the documents in English.
It is your error.

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Mon Mar 09, 2020 6:22 pm

NatCam wrote:
Mon Mar 09, 2020 3:23 pm
Your mistake was that you applied as a "durable partner" (It was a wrong application, you should have applied as a civil partner.) and then uploaded the civil partnership agreement that was written in French. The Home Office is not obliged to translate applicants documents. You need to apply again and present all the documents in English.
It is your error.
When I applied Eu settlement scheme I did upload my civil partnership in both French and certified translate in English.
I also chosed to apply as spouse or civil partner.

Richard W
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Mon Mar 09, 2020 8:28 pm

lichzz wrote:
Mon Mar 09, 2020 1:53 pm
Hi, I'm now preparing to submit an EEA(FM) application.
I aim to submit it in 14 days.
I think about my question, caseworker called me once and ask am I married. I said no I'm in a civil partnership. Did I answer it wrong?

I'm still thinking if I should apply for administrative review, I don't know if I apply and they refuse again will they tell me to leave this time. Cause in my existing refusal letter it didn't tell me to leave and I talk to immigration advisor who said it's because the home office is aware of my situation as an EU family member so they didn't tell me to leave. They just want me to use a residence card or family permit as evidence to apply EU settlement scheme.
No, the case worker heard it wrong. From the documents it should be obvious that the case worker has made a mistake.

If you were applying as a durable partner, then you should have applied for an EEA residence card first. As you are a civil partner, applying for a residence card is a waste of everyone's time and money - yours and mine (speaking as a taxpayer). You should apply for administrative review.

Just to ensure we have avoided all confusion, where was the civil partnership contracted?

Richard W
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Mon Mar 09, 2020 8:44 pm

Are you and your partner of the same sex or not? If your 'civil partnership' is a French 'pacte civil de solidarité' and you are a man and a woman, I fear that your civil partnership might not be recognised in the UK. If it is not recognised, it would explain the problem and make most of the advice here wrong.

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Re: Urgent! I got a refusal on EU settlement scheme

Post by kamoe » Fri Mar 13, 2020 11:12 am

Richard W wrote:
Mon Mar 09, 2020 8:44 pm
I fear that your civil partnership might not be recognised in the UK.
At the stroke of midnight of December 2nd 2019, PACS became legally considered a civil partnership in England and Wales. See this post.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Fri Mar 13, 2020 5:11 pm

kamoe wrote:
Fri Mar 13, 2020 11:12 am
Richard W wrote:
Mon Mar 09, 2020 8:44 pm
I fear that your civil partnership might not be recognised in the UK.
At the stroke of midnight of December 2nd 2019, PACS became legally considered a civil partnership in England and Wales. See this post.
I'm glad to see the Immigration Boards collective mind kicking in. One of the strengths here is the reviewing of advice, so that errors may be corrected.

I found a usually unreliable source, https://www.gov.uk/marriage-abroad, which tells us that an opposite-sex French PACS would not be recognised in the UK. I would not be surprised if the case worker were working from such outdated information. Additionally, is the relevant law the law at the date of application or the date of the decision? In either case, if the EEA partner is a qualified person, and the couple resided in England or Wales, the OP is lawfully present and allowed to work.

It would help if the OP would tell us whether they were same-sex or opposite-sex and which of the four countries they lived in.

I'd found statements that PACS were due to be recognised by a law coming in at the end of 2019, but I had wondered if the law had been lost by the early general election.

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Fri Mar 13, 2020 8:44 pm

Hi thank you for your reply.
We are opposite sex couple, my partner is working permanently in the UK since 2018.
We get our PACS in 2019.

I found PACS is a very complicated issue here, I email my local registration office and present my PACS certificate to them. I ask if this is recognized in the UK and if not, we would like to register in the UK. And they told me yes it is recognized so I wouldn’t be allow to register since I’m already in a civil partner status.

My partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.

Richard W
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Re: Urgent! I got a refusal on EU settlement scheme

Post by Richard W » Sat Mar 14, 2020 12:07 pm

lichzz wrote:
Fri Mar 13, 2020 8:44 pm
My partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.
It all comes down to costs and time. Remember that you will still need to apply again under the EUSS if you don't succeed at administrative review.

I think the administrative review has a 50-50 chance of success - I really don't know whether it should be based on your status when you applied or when the decision was made.

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Re: Urgent! I got a refusal on EU settlement scheme

Post by JulieL » Tue Jul 07, 2020 5:24 pm

lichzz wrote:
Fri Mar 13, 2020 8:44 pm
Hi thank you for your reply.
We are opposite sex couple, my partner is working permanently in the UK since 2018.
We get our PACS in 2019.

I found PACS is a very complicated issue here, I email my local registration office and present my PACS certificate to them. I ask if this is recognized in the UK and if not, we would like to register in the UK. And they told me yes it is recognized so I wouldn’t be allow to register since I’m already in a civil partner status.

My partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.
Hi, thanks for sharing your experience and I feel really sorry that the process took so much effort...

I'm in the exactly same situation as you and I'm worried about the recognition of opposite-sex Pacs by the EU settlement scheme as well. I call the resolution center 2 times it seems there is no problem but the answer is quite vague...

Could you please let us know if your new application get approved ? Do you mind explain under what type of visa did you submitted the application ? I'm currently holding a standard visitor visa. But I'm not sure if I'm allow to apply the sttelement scheme in a visitor status or should I apply for a EU settlement Family Permit :?:

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Re: Urgent! I got a refusal on EU settlement scheme

Post by joewat » Tue Jul 07, 2020 8:30 pm

Hi all,
I'm exactly in the same situation than lichzz.
I'm a French Male with Settled Status in the UK and I'm PACSED to my Non EU Female Partner.
Since the "Equal Civil Partnerships" change of law end of 2019, a lot of Oversea Opposite Sex Civil Partnerships are now fully recognised in the UK (including the French PACS for which the gov page has been updated : https://www.gov.uk/marriage-abroad/y/fr ... posite_sex) .

My Australian Partner applied to the EU Settled Scheme as my Civil Partner and, after a 4.5 months wait, we just got a refusal letter stating that we weren't qualifying as "Durable Partners" which is crazy as this not what we applied for ! We applied as Civil Partners and we used the PACS Certificate as the Evidence of Relationship.
This is what the letter says : "You state that you are a durable partner of a relevant EEA citizen. However, you have not provided sufficient evidence to confirm this"
The letter also advises us to apply for a EEA Residence Card instead, but that feels like a very bad advice for many reasons, not least because EEA Residence Cards will stop being recognised at the end of 2020 due to Brexit, which is soon.
I have read the "CaseWorker Guidance" and it clearly states that valid certificates of Oversea Civil Partnerships (not just same-sex) recognised in the UK are the relevant Evidence to provide for Civil Partners :
https://www.gov.uk/government/publicati ... r-guidance

This seems like a gross mistake for the Caseworker.

I'm now considering two different options :
- Launching an Administrative review of the EU Settlement Refusal decision but this could be lengthy/unreliable
- Applying for a Spouse Visa which is more Costly (Visa Fee + Health Surcharge + optional Priority Service Fee) but is more likely to work quickly and would results in my Partner getting "Right To Work" much faster

I would be very keen to hear about other people experiences.
Kind regards and best of luck !

lichzz
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Taiwan

Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Thu Jul 09, 2020 12:56 am

JulieL wrote:
Tue Jul 07, 2020 5:24 pm
lichzz wrote:
Fri Mar 13, 2020 8:44 pm
Hi thank you for your reply.
We are opposite sex couple, my partner is working permanently in the UK since 2018.
We get our PACS in 2019.

I found PACS is a very complicated issue here, I email my local registration office and present my PACS certificate to them. I ask if this is recognized in the UK and if not, we would like to register in the UK. And they told me yes it is recognized so I wouldn’t be allow to register since I’m already in a civil partner status.

My partner now applied EEA (QP) and include me in this application. Our immigration advisor told us to do this. We will have to go to appointment and I’ll give biometric...etc.
I hope this will be a correct path. Still wondering should I do the administrative review though.
Hi, thanks for sharing your experience and I feel really sorry that the process took so much effort...

I'm in the exactly same situation as you and I'm worried about the recognition of opposite-sex Pacs by the EU settlement scheme as well. I call the resolution center 2 times it seems there is no problem but the answer is quite vague...

Could you please let us know if your new application get approved ? Do you mind explain under what type of visa did you submitted the application ? I'm currently holding a standard visitor visa. But I'm not sure if I'm allow to apply the sttelement scheme in a visitor status or should I apply for a EU settlement Family Permit :?:
Hey, firstly I would like to say that the resolution center also told me PACs is recognized before I apply and I got refused... that’s that.

Second, I was under Tier 4 visa when I applied. Generally I understand that EU settlement family permit is for people that are not already in the UK to come to the UK. If you’re already here than you should just apply for Settle or pre settle status. I don’t know about the detail of your situation so I can’t give more advice. Sorry for that.

And I will update my visa situation at my next reply.

lichzz
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Re: Urgent! I got a refusal on EU settlement scheme

Post by lichzz » Thu Jul 09, 2020 1:11 am

joewat wrote:
Tue Jul 07, 2020 8:30 pm
Hi all,
I'm exactly in the same situation than lichzz.
I'm a French Male with Settled Status in the UK and I'm PACSED to my Non EU Female Partner.
Since the "Equal Civil Partnerships" change of law end of 2019, a lot of Oversea Opposite Sex Civil Partnerships are now fully recognised in the UK (including the French PACS for which the gov page has been updated : https://www.gov.uk/marriage-abroad/y/fr ... posite_sex) .

My Australian Partner applied to the EU Settled Scheme as my Civil Partner and, after a 4.5 months wait, we just got a refusal letter stating that we weren't qualifying as "Durable Partners" which is crazy as this not what we applied for ! We applied as Civil Partners and we used the PACS Certificate as the Evidence of Relationship.
This is what the letter says : "You state that you are a durable partner of a relevant EEA citizen. However, you have not provided sufficient evidence to confirm this"
The letter also advises us to apply for a EEA Residence Card instead, but that feels like a very bad advice for many reasons, not least because EEA Residence Cards will stop being recognised at the end of 2020 due to Brexit, which is soon.
I have read the "CaseWorker Guidance" and it clearly states that valid certificates of Oversea Civil Partnerships (not just same-sex) recognised in the UK are the relevant Evidence to provide for Civil Partners :
https://www.gov.uk/government/publicati ... r-guidance

This seems like a gross mistake for the Caseworker.

I'm now considering two different options :
- Launching an Administrative review of the EU Settlement Refusal decision but this could be lengthy/unreliable
- Applying for a Spouse Visa which is more Costly (Visa Fee + Health Surcharge + optional Priority Service Fee) but is more likely to work quickly and would results in my Partner getting "Right To Work" much faster

I would be very keen to hear about other people experiences.
Kind regards and best of luck !
Hi Joewat,

I have reply to your post but I will update my situation here again.

After I got refused I have consulted several lawyers and found that doing administrative review is not a good option. It might be 1) the guideline for EU settlement scheme have reflect the law 2) As I read the law, oversea civil partnership is still being recognized only if it’s same sex.

Anyway it’s a mess there.

Most of the lawyers advice me to go for residence card under EEA law. They say the department are known to be nice to EU family members, and they are familier with PACS (unlike EU settlement scheme).

I apply online With my partner 2 week after I got refused. We gather a bunch of evidence. Sent my application on 16,March. Went for biometric on 26,March. And I got my long COA which confirm my right of employment. (It means HO see me as a family member not extend family member). They need to give you your COA in 21 days. Or you can send a mail stating urgent to request it.

I received my decision on 22, June and for my BRC in the following week. And this all happened during lock down. My card state I’m a family member and I’m like why EU settlement scheme think I’m durable partner!??

On the day I get my Residence card (29, June) I used it to apply EU settlement scheme. Apparently using a Residence card which state that I’m a family member of EU citizen will make my application very straight forward.

TBH after I got my COA I was fine. Cause I just need to show my employer I can work. So atm I’m pretty at ease and thank you all who have given my advice!
Good luck Joewat. Ask me anything and I’ll try to share my experience.

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