EU SETTLEMENT SCHEME/ Lounes application

Hi,
I need some advise please I hold both passports, Croatian and British. I gained British citizenship in 2007, prior to this I had indefintive leave to remain with my Croatian passport My wife is here on a British spouse visa and she holds a Serbian passport. She originally came over to the UK in 2015, June We have been advised that she can qualify for EU Settlement as a result of me being Croatian too. We applied in November 2019 and we are still awaiting a decision. We applied through this route because we was assured by the EU resolution team that she would 100% qualify as a result of me being Croatian and British We received a call from the Home office saying that the application is absolutely fine, however there is one small issue which is the fact that Croatia only joined the EU in 2013, and not 2007 meaning I never technically lived in the EU prior to gaining British citizenship. They said, we don't want to refuse you because of this small issue because that's not your fault and they referred it to a senior case worker It's now been 10 months since we applied! We are now so worried that she might get refused and ultimately deported because her spouse visa has expired in August this year. We would have applied for indefinitive leave to remain through the normal channel in May this year which costs £2400, however we was advised that she would qualify through the EU Settlement scheme way too which is free. Our local MP has also been in touch with the Home Office but her involvement is not putting any pressure on them We have two kids and we all hold British citizenship apart from my wife Can anybody offer any advise? Should we involve a solicitor or just wait? Thanks

Hello

What you describe here is really messy.

If you read the guidance about Lounes case here:
https://assets.publishing.service.gov.u ... idance.pdf

(form page 15):



You are not a "Relevant British Citizen" for the purpose of Lounes immigration sponsorship. When you obtained the British citizenship in 2007, your country wasn't part of the EU at that time and you weren't exercising Treaty Right and you never did. When Croatia joined the EU in 2013, you were already British for 6 years.

this small issue because that's not your fault

This is not a small issue but a big one as it concerns eligibility criteria.

Also, I don't know where this concept of "not your fault" came from. Because it can open the door to wild things. Why not considering a Nigerian national as EEA national because it's not his fault he wasn't born in the EU and becoming an EU national? You see, we can take it far.

There is also the risk that your wife breaches legal stay in the UK which makes her ineligible for British citizenship for 10 years.

Get a credit card, pay £2400 and apply for ILR if you still can.

Hi,

Thanks for your reply

I was advised at least 10 times by the EU Settlement team that she qualifies for eu settlement as a result of me being Croatian and British

I would have not applied had I not been advised by the EU resolution team. It seemed like a straight forward case because they advised me that everything was fine.

Case worker rang me 3 months ago and said everything is fine apart from the fact that Croatia did not join the EU until 2013

If i withdraw this application now, will she eligible to apply for indefinitive leave to remain through the normal channel as she has passed her life in the UK test and B1 test

Thanks

What you are told on the phone is not contractual. You are merely talking with an external company contracted by the Home Office to answer these numbers and guide the public.

I have already met with people misled by this line. They are getting better with time but they usually cover simple cases.

Had you moved to the UK in 2014 then naturalised in 2020, your story would've been straigtforward.

But as it stand, you never exercised Treaty Rights. The core of Lounes cases is to allow people who exercised Treaty Rights to keep the right to sponsor relatives under EEA law when they naturalise British citizen. Actually, before this case, many EEA nationals didn't want to apply for British citizenship just to avoid being penalised.

I can't predict the outcome of your application. But it's obvious that you don't meet the eligibility criteria. From that point, they may or may not eventually grant that status to your wife. If they don't, you won't have any recourse as they will be in their own right by refusing.

I don't know the rest of your wife's immigration history. But may take is that if the windows of opportunity is still open now, just go and apply for the ILR. She can then immediately apply for British Citizenship.

If the EU Settlement Scheme fails for her, her immigration story would start from zero.

Thanks again for your advice

I came to UK in 99 as an asylum seeker, obtained Indefinitive leave to remain in 2004 on a Croatian passport and then in 2006 or 2007 I gained British citizenship. In june 2015 my wife came to UK on a spouse visa which expired in August this year because we applied for EU Settlement in November 2019.

She has passed her B1 and life in the UK test 3 weeks ago. I have now written to the ice if we can switch the application or start a new application for indefinitive leave to remain and pay the fee of £2400, but they are simply not replying

It's so nerve racking because we are in such a mess now, we are afraid that she might get deported.
We have kids together, one is 6 and the other one is 1. We all have British passports apart from my wife.

My MP has also written to the Home Office too but they just said the application is fine and it's going through its normal checks

Thanks again for your help!

How long ago did her current visa expire?

You don't need confirmation from anyone to apply for ILR. If you have the money or a credit card to cover the fees, just go online and apply for that ILR.

If you delay, you will create a significant gap in her immigration status. This would make her eligible for British citizenship in 2030. As they want to see 10 years continuous legal residence to approve a citizenship application. If her leave expired not too long ago, you will have a window of opportunity to limit the damage.

Her spouse visa expired on 12th of August 2020

Will it be refused straight away because her visa has expired?

Thanks

She can't apply now.

Normally, you need to apply for further leave before the expiration of the previous one. In extreme scenarios and with a very valid reason, you may still lodge an application up to 14 days after the expiry of your previous leave. Once you go beyond 14 days, new applications have to be made outside the UK.

So, what do the do now then?

We have clearly been manipulated or misadvised by the EU team

From a done deal she can't even apply for ILR

What a joke

Thanks anyway for your help

You could email your case worker who emailed you and ask about varying the application to ILR.

https://www.gov.uk/government/publicati ... procedures

You would still need to apply and pay online though.

See similar topic and advice in this very recent thread below.

indefinite-leave-to-remain/administrati ... 06501.html

That's perfect

I have emailed her so many times over the past 2 weeks but she has stopped her communication since the case was referred for further consideration to a senior case worker

Thanks again, I really appreciate your help!!!

If you just send the same email asking again about the status of the EU Settlement Scheme/Lounes outcome, they will start ignoring if there is nothing new for you.

But if you tell them you will like to go ILR, they may take action as it will give them an easy way out of this complex case. You need to write a paragraph explaining your family situation, that you have children and they cannot be separated from their mother due to administrative delays.

The people you interacted with on the phone initially wanted probably to "help" you. Many of these guys are too optimistic and tend to say "yes" to nearly anything. With that attitude, they just cause delays and prevent people from seeking correct solutions to their situation.

Hi,

I have written to my case worker again asking to switch to ILR and included everything else you suggested

Also spoke with another solicitor, they agree with you

Red1985 wrote: ↑

Fri Sep 25, 2020 11:11 am

Hi,

I have written to my case worker again asking to switch to ILR and included everything else you suggested

Also spoke with another solicitor, they agree with you

Hope they will be reactive this time. I believe it's the most reasonable and damage limiting way out.

Please keep us updated of the outcome.

EU Settlement would not allow us to switch to ILR application according to their call centre

My solicitor will write to the Home Office with the support of my MP explaining that we have been mislead and to allow us to apply for ILR without getting rejected because as it stands they will reject it because the spouse visa has expired

My solicitor is hoping they'll take on board the whole situation

Thanks

Hi guys,

Just to confirm my local MP has decided to write a letter of support for us

Our solicitor thinks there is a good chance the Home Office should be sympathetic in understanding that we wait for the other application so long that's why her visa expired
So far I have prepared the following documents and will be submitting it online over the weekend

Passports for both me and my wife
Declaration form, I need to print this, sign and then scan it and upload it?
Contract of employment
6 letters addressed to me and my wife showing that we lived together for the last 2.5 years
Council tax bill
My British passport
Letter from my employer
Cover letter explaining why we waited 2 months after her spouse visa expired
P60
Biometric card
Evidence of monthly housing costs for the accommodation in the UK where you live or will live, is this our referring to bank statements for last 6 months?
My pay slips are all in pdf, is this OK?

Anything else I should be aware of?

Thanks