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EUSS Applying after 31st Dec

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

Adamron
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Poland

EUSS Applying after 31st Dec

Post by Adamron » Sun Jan 31, 2021 2:43 pm

Hello,

My unmarried partner is a non-eea, she's a student (doesn't hold any doc other than tenancy for being togather for 3 years) and her visa will expire in a year time.

I'd like to kindly know if she travels back and apply for euss family permit, might be able to make an application for a pre-settled before jan 30th once comes back.

I am sorry if this topic is repeated somewhere elese.

Best,
Adam

NatCam
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Re: EUSS Applying after 31st Dec

Post by NatCam » Sun Jan 31, 2021 3:36 pm

You need to be married in order for her to apply to EU settlement scheme.

Adamron
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Re: EUSS Applying after 31st Dec

Post by Adamron » Sun Jan 31, 2021 4:33 pm

NatCam wrote:
Sun Jan 31, 2021 3:36 pm
You need to be married in order for her to apply to EU settlement scheme.
But how, you mean we should been married beforehand, or we should plan to get married asap.

I read that EUSS family permit holders after 31st are entaited to apply till before 1 july 2021.

But am really confussed.

Thank you so much.
Adam

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Tue Feb 02, 2021 6:13 pm

Adamron wrote:
Sun Jan 31, 2021 2:43 pm
I'd like to kindly know if she travels back and apply for euss family permit,
Not for the EUSS family permit, but for the soon-to-be retired EEA family permit. They are different. As per my other post, seems this might still possible.
might be able to make an application for a pre-settled before jan 30th once comes back.
If she succeeds in getting the EEA FP, NOT the EUSS one, then yes, this might be possible. Did you exercise treaty rights before December 31st 2020?
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.

Adamron
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Poland

Re: EUSS Applying after 31st Dec

Post by Adamron » Tue Feb 02, 2021 9:17 pm

[/quote]
If she succeeds in getting the EEA FP, NOT the EUSS one, then yes, this might be possible. Did you exercise treaty rights before December 31st 2020?
[/quote]

Many thanks for your replay.

Yes, i work and have a pre-setteled status.

About the papers some modatoray like,

1) If ----- is a member of the ****(me)
household, provide evidence that ---- is living with them in
their house. For example, this could be social service letters, documents from
an official organization, mortgage or tenancy agreements, bank statements or
utility bills addressed to ----- at this address.

* in this case we have tenancy agreements, bank statements and
utility bills, do we need to cirtify these evedince or just do copies.



2) Evidence that the sponsor is either:
-living in the UK as a qualified person as listed in the 2016 regulations
(the evidence you supply will depend on which qualification they are
living in the UK under); or
-will be travelling to the UK within 6 months of the application date
(evidence can include, for example, flight bookings to the UK and hotel
bookings in the UK)

* The first one does it mean my EUSS status letter.

Hope you can give me an idea about theses evidences or any other evidences that i may need to include as extra supporting evedinces.

May thanks for taking the time to reply to my post.
Adam

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Wed Feb 03, 2021 10:32 am

Adamron wrote:
Tue Feb 02, 2021 9:17 pm
If she succeeds in getting the EEA FP, NOT the EUSS one, then yes, this might be possible. Did you exercise treaty rights before December 31st 2020?
Many thanks for your replay.

Yes, i work and have a pre-setteled status.
This does not answer my question.

I asked if you exercised treaty rights before 31st december 2020, not if you are working now.
Also, having Pre-Settled status means absolutely nothing regarding your previous exercise of treaty rights (a common misunderstanding). Anyone having spent a second in the UK before December 31st 2020 will receive Pre-Settled Status even if they never exercised treaty rights in the UK.

So:

Have you worked in the UK, contributing to National Insurance, and paying taxes, prior to December 31st 2020? If so, since when?
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.

Cris21
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Brazil

Re: EUSS Applying after 31st Dec

Post by Cris21 » Wed Feb 03, 2021 7:42 pm

[/quote]
This does not answer my question.

I asked if you exercised treaty rights before 31st december 2020, not if you are working now.
Also, having Pre-Settled status means absolutely nothing regarding your previous exercise of treaty rights (a common misunderstanding). Anyone having spent a second in the UK before December 31st 2020 will receive Pre-Settled Status even if they never exercised treaty rights in the UK.

So:

Have you worked in the UK, contributing to National Insurance, and paying taxes, prior to December 31st 2020? If so, since when?
[/quote]

Yes, so I have been working in the uk since late 2015 under my NI, paid taxes (but I don’t have copy of the papers). However, on the 30th of Nov 2020, I received my p45, so I had a plan ready since the beganing of this pandemic, and I applied for home food business (cuz I am a chef) and registered my business on the 10th of Dec 2020.

Hope this is not a problem, should I give my girlfriend both the p45 and the registration email for the business registration to attach to her application?

Thank you so much.
Adam

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Wed Feb 03, 2021 8:05 pm

If you are going to quote, there is an easy way and a hard(er) way. Seems you do not want to use the easy way (jut click on the quote " icon, then write your reply right below the quoted text).

If you are going to use the hard(er) way, please, please, please be aware that the tags for stating and ending quotes are different (I'm adding spaces so that these do not get interpreted as quotes):

[ quote ] is for opening

[ / quote] is for closing

You seem to thinks it's all one and the same tag and are using the closing [ / quote ] tag everywhere. Please stop.

If in doubt, please, please, please use the preview button before you submit your answers. Otherwise will be really difficult to read.
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.

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Wed Feb 03, 2021 8:20 pm

Cris21 wrote:
Wed Feb 03, 2021 7:42 pm
Yes, so I have been working in the uk since late 2015 under my NI, paid taxes (but I don’t have copy of the papers). However, on the 30th of Nov 2020, I received my p45, so I had a plan ready since the beganing of this pandemic, and I applied for home food business (cuz I am a chef) and registered my business on the 10th of Dec 2020.

Hope this is not a problem, should I give my girlfriend both the p45 and the registration email for the business registration to attach to her application?

Thank you so much.
Adam
So as per the list of documents you should provide, it says: https://www.gov.uk/family-permit/eea-family-permit
If your family member has been in the UK for more than 3 months, you must show that they have a permanent residence document or provide evidence that they are: (<= This means prove they exercised treaty rights)
  • working - for example an employment contract, wage slips or a letter from an employer
  • self-employed - for example contracts, invoices or audited accounts with bank statements
  • studying - for example a letter from the school, college or university
  • financially independent (‘self-sufficient’) - for example bank statements
Your partner must have full health insurance (comprehensive sickness insurance) if they’re studying or self-sufficient.
If you are no longer employed, you need to decide which of 'self-employed' or 'financially independent' you want to present yourself as. It really depends on wether your business is already functional or not, and wether you already have proof of this. Do you have signed contracts, and audited accounts (as in audited by an accountant) of your business money? If none of this has already happened, then you are probably 'financially independent', and in that case note that you need to have full comprehensive sickness insurance.
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.

Adamron
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Poland

Re: EUSS Applying after 31st Dec

Post by Adamron » Wed Feb 03, 2021 11:25 pm

Sorry about misusing the qoutes.

So, my work as defined by the local council letter received "sole trader" and mentions the start date as effective from the 15th of Dec, and operated from my flat k itchen. I have started on my own working, payments are received in cash, but am keeping the recored for the HMRC.

I don't really know how to prove this.


I also did communicate few emails to few places before starting my business, i don't know if i would even qulify for the right to be a job seeker.

and i dont have comprehensive sickness insurance.


Thank you so much.
Adam

Adamron
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Poland

Re: EUSS Applying after 31st Dec

Post by Adamron » Thu Feb 04, 2021 7:10 am

Sorry, just was a bit confussed because the name on my italian card.

I think it says on the back (European Health Insurance Card), i think this might be an evedence of comprehensive sickness insurance.

But for the month of december (after being unemployed) i had little money in my bank account.

Can you kindly tell me what our options are?

Thank you,,,
Adam

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Thu Feb 04, 2021 10:31 am

I am assuming that you are one and the same poster (because the misuse in quotes has been so consistent :D ).
Please use just one account, multiple accounts are not allowed.
Cris21 wrote:
Wed Feb 03, 2021 7:42 pm
Yes, so I have been working in the uk since late 2015 under my NI, paid taxes (but I don’t have copy of the papers). However, on the 30th of Nov 2020, I received my p45
Back to your question, I just picked up that you might have completed a full period of 5 years as a full-time, taxpayer worker. If so, you might present yourself as a relevant EEA with permanent residence under the EEA rules (not just Settled Status, which by the way should be Settled not Pre-Settled!). What was your exact date of start of employment in the UK in 2015?
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.

Adamron
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Poland

Re: EUSS Applying after 31st Dec

Post by Adamron » Thu Feb 04, 2021 11:18 am

Sorry I did not mean to have two accounts.

I first landed about mid july then secured a job on 12 Sep 2015. Yeah but haven't applied for Settled Status yet, i really lost track of time.

How to go about that please? Does she need to travel and apply?

Thank you so much,,,
Adam

geezerpl
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Re: EUSS Applying after 31st Dec

Post by geezerpl » Sun Feb 07, 2021 12:05 am

Adamron wrote:
Sun Jan 31, 2021 2:43 pm
Hello,

My unmarried partner is a non-eea, she's a student (doesn't hold any doc other than tenancy for being togather for 3 years) and her visa will expire in a year time.

I'd like to kindly know if she travels back and apply for euss family permit, might be able to make an application for a pre-settled before jan 30th once comes back.

I am sorry if this topic is repeated somewhere elese.

Best,
Adam
As unmarried partner she is not eligible for EUSS FP. She must apply for EEA FP.
I am in the same situation and worried because I've seen mixed reports on this.

Some say the meaning of "the relationship must have started before 31 Dec 2020" (in order to be eligible for EU pre-settled) is family permit or EEA FM card issued before 31 Dec 2020. Others say the permit holder must have entered UK before 31 Dec.

geezerpl
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Re: EUSS Applying after 31st Dec

Post by geezerpl » Sun Feb 07, 2021 12:10 am

kamoe wrote:
Tue Feb 02, 2021 6:13 pm

Did you exercise treaty rights before December 31st 2020?
It is not relevant. It is enough for the EU sponsor to have started living in (moved to) the UK before 31 Dec
As far as I'm aware sponsor can be enjoying initial residence period before the need to become a qualified person.

geezerpl
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Re: EUSS Applying after 31st Dec

Post by geezerpl » Sun Feb 07, 2021 12:22 am

kamoe wrote:
Wed Feb 03, 2021 10:32 am

I asked if you exercised treaty rights before 31st december 2020, not if you are working now.
Also, having Pre-Settled status means absolutely nothing regarding your previous exercise of treaty rights (a common misunderstanding). Anyone having spent a second in the UK before December 31st 2020 will receive Pre-Settled Status even if they never exercised treaty rights in the UK.

Have you worked in the UK, contributing to National Insurance, and paying taxes, prior to December 31st 2020? If so, since when?
1. Pre-settled status acquired before 31 Dec 2020 matters if EEA sponsor would like to accompany a non-EEA partner into the UK now (got this info in the UKCEN forum)

2. Being a qualified person is not reserved to workers only. EEA national can be also a jobseeker.

3. How about EEA national (sponsor) enjoying initial period of residence of 3 months ?
According to EEA Family Permit guidelines for UKVI / UKBA staff an ECO cannot refuse family permit just because EEA national has been residing in the UK less than 3 months

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Sun Feb 07, 2021 9:32 am

Adamron wrote:
Thu Feb 04, 2021 11:18 am
I first landed about mid july then secured a job on 12 Sep 2015. Yeah but haven't applied for Settled Status yet, i really lost track of time.

How to go about that please? Does she need to travel and apply?
You misunderstand me. Asking about your own status is not a side question. It is actually crucial to facilitate your girlfriend case.

Now, the key is not wether you have Settled Status or not (you would if you applied today, I do not know what is holding you back), the main point is, looks like you acquired Permanent Residence under the EEA route at the stroke of midnight on the 5th anniversary of your starting your first job in the UK. As such, you could present yourself as a person with permanent residence, and in this case, it does not matter what you are doing now, if you are employed or self-sufficient, or if you have comprehensive sickness insurance or not.

Now, you say you have no proof of your employment? No payslips saved? How about your yearly P60s?
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.

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Sun Feb 07, 2021 9:33 am

geezerpl wrote:
Sun Feb 07, 2021 12:10 am
kamoe wrote:
Tue Feb 02, 2021 6:13 pm

Did you exercise treaty rights before December 31st 2020?
It is not relevant. It is enough for the EU sponsor to have started living in (moved to) the UK before 31 Dec
As far as I'm aware sponsor can be enjoying initial residence period before the need to become a qualified person.
It is relevant if the person has not just arrived. As the OP has clearly said, they have been here for a number of years.
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.

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Sun Feb 07, 2021 9:38 am

geezerpl wrote:
Sun Feb 07, 2021 12:22 am
1. Pre-settled status acquired before 31 Dec 2020 matters if EEA sponsor would like to accompany a non-EEA partner into the UK now (got this info in the UKCEN forum)
Just so that this does not mislead other people reading this:

The point is not wether one has or has not pre-Settled status, the point is, having Pre-Settled or Settled Status is not the same as having exercised treaty rights. There have been examples in this forum of people seeing EEA applications refused because they assumed having Pre-Settled Status meant being in exercise of traty rights, when that is not the case.
2. Being a qualified person is not reserved to workers only. EEA national can be also a jobseeker.
Yes, no one has said the opposite. Qualified person is: student with health insurance, worker, job seeker, self-sufficient with health insurance. If a person has been in the UK for more than 3 months, they are not working, and have no health insurance, then the onus is on them to prove they have been seeking work.
3. How about EEA national (sponsor) enjoying initial period of residence of 3 months ?
As said before, the OP has been in the UK for a number of years, and this post is about the OP. They case is likely easier to be approached assuming permanent residence, as already advised above. If you have a question regarding a different scenario, please start your own 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.

Adamron
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Poland

Re: EUSS Applying after 31st Dec

Post by Adamron » Sun Feb 07, 2021 11:22 am

I really do not know how to thank you enough.

Thank you for taking the time to look into this.

It's crystal clear for me now.

Just one last question, if she's lucky enough and got the permit, would that revoke her tier 4 visa?

And if you kindly can point me to, a good source for supporting doc for the application, because the only thing we have is a tenancy agreement with both names and a bit of exchanged texts and photos, i would really be grateful.

Best,,,
Adam

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Sun Feb 07, 2021 11:58 am

Adamron wrote:
Sun Feb 07, 2021 11:22 am
I really do not know how to thank you enough.

Thank you for taking the time to look into this.

It's crystal clear for me now.
Anytime. But remember that to present yourself as qualified person because of your acquired permanent residence, you still need to prove you acquired permanent residence. So that means changing the focus of finding proof of your current employment or occupation, but rather proof of your 5-year past working history. That is achieved most easily showing payslips or P60s.
Just one last question, if she's lucky enough and got the permit, would that revoke her tier 4 visa?
No. EEA routes can coexist with Tier visas at the same time.
And if you kindly can point me to, a good source for supporting doc for the application, because the only thing we have is a tenancy agreement with both names and a bit of exchanged texts and photos, i would really be grateful.
Compilation of my own experience here. Hope it helps.
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.

geezerpl
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Re: EUSS Applying after 31st Dec

Post by geezerpl » Mon Feb 08, 2021 9:55 pm

kamoe wrote:
Sun Feb 07, 2021 9:33 am

It is relevant if the person has not just arrived. As the OP has clearly said, they have been here for a number of years.
Oh I am sorry. Overlooked the fact you were referring strictly to Adamron's case - not generalising.

geezerpl
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Re: EUSS Applying after 31st Dec

Post by geezerpl » Fri Feb 12, 2021 4:35 pm

kamoe wrote:
Sun Feb 07, 2021 9:38 am

...having Pre-Settled or Settled Status is not the same as having exercised treaty rights.

There have been examples in this forum of people seeing EEA applications refused because they assumed having Pre-Settled Status meant being in exercise of traty rights, when that is not the case.
I know the difference between a qualified person (EEA regulations) and pre-settled (EU/UK regulations).

I was referring to a case when EU national was last minute migrant in late 2020.
Those who arrived in the UK in Nov/Dec (like myself) could not exercise treaty rights due to the 3-month initial period of residence but they had to arrive before 31/12 in order to secure pre-settled status.

An EU national who didn't set foot in the UK in the last months of 2020 couldn't sponsor non-EEA partner in 2021. Having secured EU pre-settled automatically means EU national WAS in the UK before Brexit.

A question remains what if such EU national left the UK and will want to accompany an unmarried partner later this year ? Is the EEA FP to acc route still open or only to join ??

BTW...
Sorry for stealing somebody's else post.

kamoe
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Re: EUSS Applying after 31st Dec

Post by kamoe » Fri Feb 12, 2021 5:14 pm

geezerpl wrote:
Mon Feb 08, 2021 9:55 pm
kamoe wrote:
Sun Feb 07, 2021 9:33 am

It is relevant if the person has not just arrived. As the OP has clearly said, they have been here for a number of years.
Oh I am sorry. Overlooked the fact you were referring strictly to Adamron's case - not generalising.
That's why there are topics. Answers should relate to the OPs question, anything else is tangential and should be treated in its separate topic.

Read the rules before posting:
12) I found a previous question just like mine so I added my question to it but noone replied. Why not?

Members are advised to ask their own questions in their own topic rather reviving some aged and out of date topic.
Its no good asking members who are no longer around, especially when immigration law and regulations may well have moved on since then.
And it is considered bad manners to tag onto and hijack someone else's current case.
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.

geezerpl
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Re: EUSS Applying after 31st Dec

Post by geezerpl » Fri Feb 12, 2021 5:14 pm

I have read these guidelines (updated on 31/12/2020) and made a shocking discovery that now unmarried partners are eligible to apply for EUSS Family Permits.

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Can anybody please correct me if I am wrong.
Thank you.

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