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
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sparkie15
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by sparkie15 » Sun May 30, 2021 8:59 pm
Hi everyone, I have a few questions about ILR for 10 years continuous residence but I haven't been able to find any posts with an identical situation to mine.
I have Dutch and South African nationality and have been in the UK since 1998 on the basis of being Dutch. I have my misgivings about settled status so I would like to know if it is possible for me to apply for ILR on the basis of long residency as a South African, even though that long residency was enabled by my Dutch nationality.
I applied for a permanent residence card for EEA nationals in 2017 when there was uncertainty after the referendum but I realise it is no longer valid and I will have to apply for Settled Status asap because there isn't enough time to apply for ILR before the end of June. If I am entitled to ILR at the moment would gaining SS prevent me applying for ILR in the future?
Perhaps someone else has a similar situation or knows more about ILR.
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secret.simon
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by secret.simon » Sun May 30, 2021 9:15 pm
Settled Status *
is* ILR under special rules. If you have got Settled Status, you have got ILR and hence you can't apply for it again.
sparkie15 wrote: ↑Sun May 30, 2021 8:59 pm
I have my misgivings about settled status
Why do you have misgivings about Settled Status?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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zimba
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by zimba » Mon May 31, 2021 12:34 am
You should apply under the EU settlement scheme if you hold a permanent residence card. There will be limitations after 21 June 2021.
If you already have a permanent residence card
If you have EU settled or pre-settled status you can continue to use your residence card. You do not need to apply for a new one.
If you do not have EU settled or pre-settled status your card will be valid until 30 June 2021.
You can use a permanent residence card to confirm your residence status in the UK if:
you want to apply for British citizenship
you want to sponsor your partner’s visa application under the Immigration Rules
After 30 June 2021, you’ll be able to use your card only once to travel to and enter the UK. To remain in the UK you’ll need to apply to the EU Settlement Scheme within 28 days.
https://www.gov.uk/uk-residence-card/pe ... dence-card
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Dantean
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by Dantean » Mon May 31, 2021 5:21 pm
sparkie15 wrote: ↑Sun May 30, 2021 8:59 pm
I applied for a permanent residence card for EEA nationals in 2017…
Having had PR for more than a year, could you not apply for British Citizenship? (not cheap, but less than an LR ILR application). Or do you not want to have 3 nationalities?
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iwolga
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by iwolga » Wed Jun 02, 2021 9:18 pm
Dantean wrote: ↑Mon May 31, 2021 5:21 pm
sparkie15 wrote: ↑Sun May 30, 2021 8:59 pm
I applied for a permanent residence card for EEA nationals in 2017…
Having had PR for more than a year, could you not apply for British Citizenship? (not cheap, but less than an LR ILR application). Or do you not want to have 3 nationalities?
Generally Dutch government does not allow to gain another nationality while keeping Dutch one. There are exclusions to this but most likely they do not apply to the OP.
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sparkie15
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by sparkie15 » Sun Jun 06, 2021 9:34 am
Thanks for the replies everyone.
It's correct that the Dutch don't allow dual but I qualify under one of their exemptions. I do qualify for British citizenship but I would have to give up my Dutch nationality which I'm hesitant to do.
It seems I won't be able to apply for SS first and then ILR since they're the same thing so I will have to get SS and leave it at that. My concern was that there is no physical proof and I know a few people who have been refused work and renting property because not all landlords/employers understand SS or want the hassle of checking.
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zimba
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by zimba » Sun Jun 06, 2021 3:00 pm
For housing, a right to rent check can be done without a BRP or specific document
https://www.gov.uk/check-tenant-right-t ... w-to-check
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice