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Presumably it is yes.Question 2 asks: Have you been issued with a residence card (biometric format) or biometric residence permit (BRP) in connection with a previous application under the EEA Regulations or for leave to remain?
Now, is the Tier 2 Biometric residence permit issued to me considered in the realms of this question?
Option 2.The answer to this question would also clarify the question in Section 3 which is the following:
> What is your current immigration status in the UK?
1. I hold a valid EEA residence document issued under the EEA regulations
2. I have leave to enter or remain for a limited period until XXXXXXX
3. I have, or last had, temporary admission until XXXX
A word of caution here. Given the current timelines, you are likely to have to wait 6-7 months before your RC as EEA EFM is issued. Before that happens you are NOT considered the family member of your EU national sponsor. If this card is not issued in 2020 you might run the risk of not being eligible to apply for the Settlement Scheme in 2021, since family members need to either:
Potentially yes. The EEA EFM status doesn't exist for the purpose of immigration until the Article 10 is issued. So potentially, some people may find themselves in an administrative no mans land. If the card is issued in Jan 2021 for instance, it can be argued that the person wasn't there before Dec 31 at 2300.Anyone would like to comment? Is it likely that my interpretation above is correct?
Yes, sort of. Not necessarily contesting their presence but their meeting the specific criteria. It can be argued that that because they were not yet the family member before Dec 31st, even if they were there as a proven fact, then condition a) is not met because they were there without being the family member.Zerubbabel wrote: ↑Fri Sep 04, 2020 2:04 pmIf the card is issued in Jan 2021 for instance, it can be argued that the person wasn't there before Dec 31 at 2300.
This is possible and I would think this is the easiest way to deal with these applications. However, until some provision is specifically written in the EU caseworker guidance, I would be very cautious of suggesting people can bank on it.But I see recently that the Home Office seems stuck on "YES" for any EU Settlement Scheme application. So I won't be surprised if they keep delivering this status regardless or the technicalities.