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

eke123 · Post by **eke123** » Sun Jun 14, 2020 4:36 pm

mellina wrote: ↑
Sun Jun 14, 2020 12:20 pm

eke123 wrote: ↑
Sat Jun 13, 2020 9:06 pm
Hello everyone
I've heard back from my MP
And this is what HO replied

On 18 January 2020, Mr xxx applied under the EU Settlement Scheme. I am sorry for the delay in concluding his application.

The published processing times for applications under the EU Settlement Scheme specify that applications usually take between five working days and a month to process. However, processing times can be extended where:

* A caseworker needs to request more information from the applicant
* An applicant is applying as a minor and their application is not linked to an adult
* They submit a paper application
* They have a relevant criminal record
* The applicant is a non-European Economic Area or non-Swiss citizen and is applying based on a relationship they have not relied on in a previous application to the Home Office.

As Mr xxx is applying under the EU Settlement Scheme based on a relationship that he has not relied on in a previous application to the Home Office, his application will take longer to process. In these instances, processing times will vary on a case-by-case basis.

Part of the application process entails routinely conducting checks with other government departments and external agencies. The extent and length of time taken to complete these checks varies according to the particular circumstance of each application, and only once these checks are complete can a decision be made on whether to issue status under the EU Settlement Scheme. However, the progress of these checks is regularly monitored.

So far, our enquiries have not been completed with regards to Mr xxx's application. We are continuing to process applications during this time, however, due to the coronavirus (COVID-19) pandemic we have changed our working practices to keep both staff and customers safe. In light of this, I am unable to provide a timescale as to when a decision will be made as applications may take longer than usual to conclude and we kindly ask for your patience during this period.

Once a decision has been made, Mr xxxxx will be notified accordingly.

So I'm wondering what kind of checks they're conducting with other government departments and external agencies.

Application 18/01/2020
Biometrics 27/01/2020
COA 16/04/2020.
My wife has been granted settled status and I submitted our marriage certificate and my three year old sons birth certificate.

Can some shed a light on this please
Im confused
Hi,

how long did it take the HO to answer to your MP, please?
Thank you!

Two weeks
I messaged him on 29th of May
Got a reply from him this Friday that just passed.

cooldude2020 · Post by **cooldude2020** » Mon Jun 15, 2020 12:10 pm

applied Mid January, 2020 as non-eu family member and got Settled status today after five months.
Although I am ecstatic at being granted the status however, there is something concerning me and i dont know what to do.
I have been married to my EU partner for under Five years, more than four but less than five. although, i have been living in the UK on other Tier visas and have national insurance / tax contributions over a period greater then five years. When I made my application to the Eu Settlement scheme, based on my NI record I was told that I would be considered for settled status. however, i have been keeping a keen eye on posts on this website and found out that the key thing is the 'marriage date' for settled status and any time spent before that on other visas is irrelevant.

So, what should I do now. should i call the EU settlement scheme and tell them that i was expecting a pre-settled status or should i just take it as the onus is on UKVI to get it right. is there any other rule that i am not aware off that might have gone in my favour.

aw17 · Post by **aw17** » Mon Jun 15, 2020 12:34 pm

cooldude2020 wrote: ↑
Mon Jun 15, 2020 12:10 pm
applied Mid January, 2020 as non-eu family member and got Settled status today after five months.
Although I am ecstatic at being granted the status however, there is something concerning me and i dont know what to do.
I have been married to my EU partner for under Five years, more than four but less than five. although, i have been living in the UK on other Tier visas and have national insurance / tax contributions over a period greater then five years. When I made my application to the Eu Settlement scheme, based on my NI record I was told that I would be considered for settled status. however, i have been keeping a keen eye on posts on this website and found out that the key thing is the 'marriage date' for settled status and any time spent before that on other visas is irrelevant.

So, what should I do now. should i call the EU settlement scheme and tell them that i was expecting a pre-settled status or should i just take it as the onus is on UKVI to get it right. is there any other rule that i am not aware off that might have gone in my favour.

this is not first time i heard this, and nobody update what happen if some body contact to eu resolution center and what they say, if you contact them please share here as well what was there answer . thanks

jossywilliams · Post by **jossywilliams** » Mon Jun 15, 2020 3:48 pm

cooldude2020 wrote: ↑
Mon Jun 15, 2020 12:10 pm
applied Mid January, 2020 as non-eu family member and got Settled status today after five months.
Although I am ecstatic at being granted the status however, there is something concerning me and i dont know what to do.
I have been married to my EU partner for under Five years, more than four but less than five. although, i have been living in the UK on other Tier visas and have national insurance / tax contributions over a period greater then five years. When I made my application to the Eu Settlement scheme, based on my NI record I was told that I would be considered for settled status. however, i have been keeping a keen eye on posts on this website and found out that the key thing is the 'marriage date' for settled status and any time spent before that on other visas is irrelevant.

So, what should I do now. should i call the EU settlement scheme and tell them that i was expecting a pre-settled status or should i just take it as the onus is on UKVI to get it right. is there any other rule that i am not aware off that might have gone in my favour.

Before they gave a status, they have made the necessary checks and enquiries. So, for you to have been granted settled status, it simply means that you are qualified and entitled to it. So stop worrying instead start marrying....

cooldude2020 · Post by **cooldude2020** » Mon Jun 15, 2020 6:41 pm

i know that the home office would have done their checks but at the same time i dont want this error on their part, if its an error, to haunt me when i make a naturalisation application or even after i get a british passport.
i suppose the home office can just revoke this status citing an error on their behalf? or once i get a passport and the basis of that would be this settled status so if they wud cancel this status five years from now, will i loose the corresponding passport as well?
too many question marks so i have written to the eu resolution centre and waiting for their reply.

cooldude2020 · Post by **cooldude2020** » Mon Jun 15, 2020 8:05 pm

The Home Secretary's guidance on revocation of ILR states;

4.3 Previously Overlooked or Considered
Indefinite leave should not normally be revoked where the decision maker had the information
available and either previously overlooked it, could reasonably have been expected to act on it
or considered it and granted anyway.
Where the decision maker had the power/authority to grant leave and did so in error and if
there was no deception by the applicant, it will not normally be appropriate to revoke the
indefinite leave to remain or enter.

cooldude2020 · Post by **cooldude2020** » Tue Jun 16, 2020 9:40 am

For all the people who are in a similar situation as myself i.e granted Settled status when expecting Pre-Settled status, below is a summary of the response from Home office for their peace of mind.

When 'settled status'/ILR is granted, it can only be revoked/cancelled on relevant grounds mentioned in the legislation such as if deception is used or information is witheld deliberately from the home office. If an error is made by the Home office in the grant of leave, it is not a valid ground for revocation and the status will not be revoked.
so, if anyone has been granted 'settled status' by mistake, take it and chill.

Aussire · Post by **Aussire** » Tue Jun 16, 2020 10:34 am

Hi,
I have filed for pre-settled status using the online EU settlement application process as the non-EU spouse of an EU national. My wife's status is complicated (she was born in Northern Ireland and holds an Irish passport and identifies as Irish). We have returned from Australia to live in NI and I submitted my application in early Dec. 2019. I completed my biometrics and received my COA in mid December 2019. That's it, nothing since.
I've phoned the Home Office at least 8 times since February but feel like I'm getting nowhere.
That is, until I said I wanted to make a formal complaint, around the middle of May. I received what read like a standard pro-forma response to the complaint, stating that they are still completing checks on my application, sorry for delay etc etc.
However, a few days later, just last week, they emailed me asking for additional information regarding my wife's parents' status at the time of her birth;

Mother & Father's DOB;
Places of birth;
Nationalities;
Marital Status;

I was able to ring up and provide these details to the call centre operator who noted this info to pass on to the case worker. During the call I was also advised that if it comes back that either of my wife's parents are dual citizens (British and Irish) then my application is null and void!! He also said that I then have the option of applying by the paper route, which would re-start the application process. I don't understand what the difference would be!
We are now concerned that the Home Office will use my wife's parents' status as a reason to reject my application. Both of them were born in N Ireland.
We have read about the Emma de Souza case which is similar to ours (her spouse is American and she successfully fought an initial decision to deny her the right to apply for settlement for him, as an EU citizen herself) She fought and was successful in her argument that she had the right to identify as Irish under the Good Friday Agreement and didn't need to renounce British citizenship.
We are wary still, because even though Mrs de Souza has got what she wanted, an article states that this law is effective from August 2020 until June 2021. Perhaps my application will not have this new change applied?
Please excuse such a long first post - thanks to anyone who takes the time to read and respond!

madycal · Post by **madycal** » Tue Jun 16, 2020 10:36 am

I was married with my EU partner for4 years and I have pre-settled status granted as well last year. Now I am divorced. Eu settlement scheme say I do not need to apply again for pre settled status because change of circumstance . Shall I give a try to get settled status/wait to complete my 5 year of marriage. I came in UK 2010 and married in July 2016.

shrutideb · Post by **shrutideb** » Tue Jun 16, 2020 2:09 pm

I, an Indian citizen applied for a BRP as a non EU spouse of French citizen. The application was submitted on 13 January and my COA with work was issued on 24 January, I have been waiting since. Anyone else on this group who applied as spouse of EU national in January and is still waiting?

Boo47 · Post by **Boo47** » Tue Jun 16, 2020 3:37 pm

Hi shrutideb,
I submitted my application on the 20th of January 2020 and i'my still waiting.
Stay safe

roro_15 · Post by **roro_15** » Tue Jun 16, 2020 4:39 pm

Applied in March, biometrics in June (as centres were shut), COA the very next day and awaiting.

The timelines above are worrisome as I have a job lined up depending on this coming through within the next month.

One of the EU settlement support employees mentioned that the case work was shut / at reduced capacity during March-April-May and now it's back to full capacity. Hopefully they make decisions quicker.

Anyone who got it quicker (I seek hope)?

adham1990mizo · Post by **adham1990mizo** » Tue Jun 16, 2020 6:33 pm

Hi all! GREAT NEWS during these difficult times

I received my pre-settled status today after 4 months (3 months working days) and I want to thank every helpful comment in this forum. You guys rock!

I want to give back to the forum and share my experience:

Background: I am married to an EU citizen with pre-settled. Used the 'passport' by post route even though I have a tier 2 visa. This was advised by several members on this forum. As it is vague online.

14/02/2020 - Application submitted online

17/02/2020 - Went to biometric appointment (paid 110GBP)

18/02/2020 - COA received

04/06/2020 - sent an e-mail to my MP for an inquiry to be made into my case, as per suggested on the forum. Mentioning the delay and that I am seeking a new job due to redundancy. And unfortunately employers do not accept the 6 months temporary visa.

10/06/2020 - sent a formal complaint to UK Visas and Immigration as per suggested on the forum via this link mentioning the delay and that I have a job coming and I really need the visa ASAP!
https://www.gov.uk/government/organisat ... -procedure

16/06/2020 - today I received the outcome e-mail from UKVI European Casework pre-settled status!

Should receive the card within 10 working days!!!

I am certain the e-mails to the MP & the formal complaint do make a difference! Thanks to both the MP and the Home Office. I think the whole process is excellent except for the waiting times.

Let me know if anyone wants any more information.

There is light at the end of the tunnel.

joewat · Post by **joewat** » Tue Jun 16, 2020 8:38 pm

Hi all,
Many thanks for all the great contributions in this thread.

I was wondering if anybody has tried varying (ie: switching) their EU Settlement application towards a Family Visa Application to speed things up massively ?

Pros :
- The Family Visa process is really fast compared to the EU Settlement for Non EU Family Member, especially if you use the Priority Service. Looks like it could take 1 month from start to finish.

Cons :
- Much more Costly than EU Settlement Application : Cost of Visa + NHS Surcharge + Priority service Fee + Optional Solicitor (I'd say £3K or £4K max.) .
However, for those who can't work until they get their biometric card, these costs are potentially largely offset by the fact that you will be able to work months sooner than by waiting for your Settle/pre-Settle Status

Best wishes

Nasara1 · Post by **Nasara1** » Tue Jun 16, 2020 10:33 pm

adham1990mizo wrote: ↑
Tue Jun 16, 2020 6:33 pm
Hi all! GREAT NEWS during these difficult times

I received my pre-settled status today after 4 months (3 months working days) and I want to thank every helpful comment in this forum. You guys rock!

I want to give back to the forum and share my experience:

Background: I am married to an EU citizen with pre-settled. Used the 'passport' by post route even though I have a tier 2 visa. This was advised by several members on this forum. As it is vague online.

14/02/2020 - Application submitted online

17/02/2020 - Went to biometric appointment (paid 110GBP)

18/02/2020 - COA received

04/06/2020 - sent an e-mail to my MP for an inquiry to be made into my case, as per suggested on the forum. Mentioning the delay and that I am seeking a new job due to redundancy. And unfortunately employers do not accept the 6 months temporary visa.

10/06/2020 - sent a formal complaint to UK Visas and Immigration as per suggested on the forum via this link mentioning the delay and that I have a job coming and I really need the visa ASAP!
https://www.gov.uk/government/organisat ... -procedure

16/06/2020 - today I received the outcome e-mail from UKVI European Casework pre-settled status!

Should receive the card within 10 working days!!!

I am certain the e-mails to the MP & the formal complaint do make a difference! Thanks to both the MP and the Home Office. I think the whole process is excellent except for the waiting times.

Let me know if anyone wants any more information.

There is light at the end of the tunnel.

Congratulations!!!!

Maani787 · Post by **Maani787** » Wed Jun 17, 2020 2:24 am

Hi
Non EU separated
My time line is as follows
Applied 16 Oct 2019
Biometric 22nd Oct
Coa 7th Nov 2019
Additional document request 8th June 2020
My question is how long they take to make decision after sending them additional documents. As I have been waiting long enough for decision of settled status. Now it's been one week since I provided them additional documents.
Thanks in advance .

Nasara1 · Post by **Nasara1** » Wed Jun 17, 2020 4:12 am

Maani787 wrote: ↑
Wed Jun 17, 2020 2:24 am
Hi
Non EU separated
My time line is as follows
Applied 16 Oct 2019
Biometric 22nd Oct
Coa 7th Nov 2019
Additional document request 8th June 2020
My question is how long they take to make decision after sending them additional documents. As I have been waiting long enough for decision of settled status. Now it's been one week since I provided them additional documents.
Thanks in advance .

I am the same situation as you,although my application was made in July 2019.I received a call requesting for additional documents which I provided.It’s been 5 working days now and still waiting.I hope anybody with similar experience will update us on how long it took them to have a decision after uploading their requested documents.

Nasara1 · Post by **Nasara1** » Wed Jun 17, 2020 4:13 am

Maani787 wrote: ↑
Wed Jun 17, 2020 2:24 am
Hi
Non EU separated
My time line is as follows
Applied 16 Oct 2019
Biometric 22nd Oct
Coa 7th Nov 2019
Additional document request 8th June 2020
My question is how long they take to make decision after sending them additional documents. As I have been waiting long enough for decision of settled status. Now it's been one week since I provided them additional documents.
Thanks in advance .

I am in the same situation as you,although my application was made in July 2019.I received a call requesting for additional documents which I provided.It’s been 5 working days now and still waiting.I hope anybody with similar experience will update us on how long it took them to have a decision after uploading their requested documents.

Misfits · Post by **Misfits** » Wed Jun 17, 2020 8:06 am

Hi guys ,

Thought I might be of help here as my case was very similar.

I am separated from non EU spouse , did Application in August 2019 and was asked to submit additional information in March 2020 .

It took them 2 months and couple days to get back to me and that was only because I kept calling, I was able to speak to a manager and also write to MP a second time . June 4th they granted my Settle Status .

Good luck everyone, it will seem long and weary but don’t give up !

Nasara1 · Post by **Nasara1** » Wed Jun 17, 2020 10:57 am

Misfits wrote: ↑
Wed Jun 17, 2020 8:06 am
Hi guys ,

Thought I might be of help here as my case was very similar.

I am separated from non EU spouse , did Application in August 2019 and was asked to submit additional information in March 2020 .

It took them 2 months and couple days to get back to me and that was only because I kept calling, I was able to speak to a manager and also write to MP a second time . June 4th they granted my Settle Status .

Good luck everyone, it will seem long and weary but don’t give up !

Thanks for your reply and congratulations for your new status.

bjoflondon · Post by **bjoflondon** » Wed Jun 17, 2020 4:52 pm

Hi All,
Spoke with the Resolution centre today for updates on my application they lady said there was no update and even said there was no record of the call I made last week when the manager assured me of escalating the case and that I will hear from them within 10 days. Anyways so I blew out and ask to speak with a manager again. Pass me to another manager who said she found the record of the call and that an email was sent to my Solicitor yesterday. I straight away rang the solicitor who checked and said there was no email from the home office regarding my application.
Has anyone experienced this? Are they just fooling me? What can I do please. Being waiting since September 2019.

Misfits · Post by **Misfits** » Wed Jun 17, 2020 5:19 pm

bjoflondon wrote: ↑
Wed Jun 17, 2020 4:52 pm
Hi All,
Spoke with the Resolution centre today for updates on my application they lady said there was no update and even said there was no record of the call I made last week when the manager assured me of escalating the case and that I will hear from them within 10 days. Anyways so I blew out and ask to speak with a manager again. Pass me to another manager who said she found the record of the call and that an email was sent to my Solicitor yesterday. I straight away rang the solicitor who checked and said there was no email from the home office regarding my application.
Has anyone experienced this? Are they just fooling me? What can I do please. Being waiting since September 2019.

Hi bjoflondon

Yes that same thing happened to me about a month ago , I called to speak with manage , he was actually a supervisor who was very rude , he told me that an email was sent to my solicitor requesting all sort !! I rang my solicitor straight away and nothing like that . No email what so ever.

Things might be looking up for you because I sent mine August 2019 around the same time as you.
Good luck

Hope16 · Post by **Hope16** » Wed Jun 17, 2020 7:13 pm

Maani787 wrote: ↑
Wed Jun 17, 2020 2:24 am
Hi
Non EU separated
My time line is as follows
Applied 16 Oct 2019
Biometric 22nd Oct
Coa 7th Nov 2019
Additional document request 8th June 2020
My question is how long they take to make decision after sending them additional documents. As I have been waiting long enough for decision of settled status. Now it's been one week since I provided them additional documents.
Thanks in advance .

It’s been 2 moths since they requested further documents/evidence from me all submitted but haven’t heard anything till now

bjoflondon · Post by **bjoflondon** » Wed Jun 17, 2020 8:36 pm

Hope16.
What sort of document did they requested for please. I am really tired of this process

Georges11 · Post by **Georges11** » Wed Jun 17, 2020 11:03 pm

Maani787 wrote: ↑
Wed Jun 17, 2020 2:24 am
Hi
Non EU separated
My time line is as follows
Applied 16 Oct 2019
Biometric 22nd Oct
Coa 7th Nov 2019
Additional document request 8th June 2020
My question is how long they take to make decision after sending them additional documents. As I have been waiting long enough for decision of settled status. Now it's been one week since I provided them additional documents.
Thanks in advance .

Hi i am in the same situation non EU separated my Ex got her settled status.
I have been waiting for 1 year & 2 months. I have received an email from HO saying:
In order to continue with your application and have a decision we need you to come for an interview.
did anyone been asked for an interview? and why they need an interview to decide an application.
Thanks.

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

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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

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

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

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

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

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

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

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