EUSS for non-EU partner

Hi all,

Hope my message finds you well.

I have been an EU citizen living in the UK since October 2019 and holding a pre-settled status under the EUSS. I entered the UK via the Skilled Worker visa route and brought my partner in October 2020 via PBS Dependent visa.

In 2021 I got an EU citizenship and applied for the EUSS and got a pre-settled status in February 2022. Subsequently, my partner (a non-EU citizen) applied for the EUSS and got a message from the case worker asking her to provide evidence that her sponsor (myself) has held an EU nationality for the continuous qualifying period that you are relying on.

Does it mean that I need to be an EU citizen before the 31st of Dec 2020 to be able to sponsor her although I hold a pre-settled status and it was clearly stated in my EUSS application that I became an EU citizen in 2021? Is it ok to show to the case worker that my EU nationality was granted in 2021?

Your help will be much appreciated.

Hi,

Any help regarding the above question?

Cheers

Joseph_Gill wrote: ↑

Thu Jun 16, 2022 8:05 am

In 2021 I got an EU citizenship and applied for the EUSS and got a pre-settled status in February 2022.

Was it clear on your own application for pre-settled status that you only became a EU citizen after 31st December 2020?

I ask because it doesn't seem to me that you were really eligible to receive pre-settled status in the first place. The EU Settlement Scheme is open to EEA citizens who are and were EEA citizens throughout their qualifying period, which should have begun before 31st December 2020. You are a EEA citizen now, but you were not one by December 31st 2020, which means any time you spent in the UK before that date was not "qualifying period" because that was not time spent exercising a right to reside in accordance with EU law.

The wording on the personal scope of the withdrawal agreement, Article 10 (page 20), makes this condition clear and explicit:

Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end of the transition period and continue to reside there thereafter;

The same condition, although a bit convoluted and difficult to read, can be deducted from the definitions of the Appendix EU:

EEA citizen:

a person who is (and throughout any continuous qualifying period relied upon, was):
(a)(i) a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland; and

continus qualifying period:

a period of residence in the UK and Islands (save in condition 3 in the table in paragraph EU12 of this Appendix; in condition 2 in the table in paragraph EU14 of this Appendix; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table; in sub-paragraph (c) of the entry for ‘person who has ceased activity’ in this table; and in the entry for ‘person with a derivative right to reside’ and for ‘person with a Zambrano right to reside’ in this table, where (in each case) the period of residence must be in the UK and the reference in subparagraphs (b)(i) and (ii) below to the UK and Islands is to be read as a reference to the UK):
(a) which, unless the person is a joining family member of a relevant sponsor, is a relevant EEA family permit case, is a specified relevant person of Northern Ireland (or is the dependent relative of such a person) or relies on sub-paragraph (b)(i)(cc), (b)(i)(dd) or (b)(i)(ee) below, began before the specified date;

specified date:

(a) (where sub-paragraph (b) below does not apply) 2300 GMT on 31 December 2020

Now, regarding your questions:

Subsequently, my partner (a non-EU citizen) applied for the EUSS and got a message from the case worker asking her to provide evidence that her sponsor (myself) has held an EU nationality for the continuous qualifying period that you are relying on.

This verification should have happened when you applied for your own status, in line to all I have quoted above.

Does it mean that I need to be an EU citizen before the 31st of Dec 2020 to be able to sponsor her although I hold a pre-settled status and it was clearly stated in my EUSS application that I became an EU citizen in 2021?

Not only to sponsor her but to have the status yourself!!! Again, this is because you should have lived in the UK while exercising a right to reside under EU law, which you did not do if before the end of the transition period you were not a EU citizen.

Is it ok to show to the case worker that my EU nationality was granted in 2021?

Again, this should have been made explicit when you applied for your own status.

Joseph_Gill wrote: ↑

Thu Jun 16, 2022 8:05 am

Is it ok to show to the case worker that my EU nationality was granted in 2021?

Not only OK, but what you should do. Any attempt to circumvent or purposely avoid explicitly saying when you became a EU national would be akin to misleading the Home Office.

In confirming that you only became EU national after December 31st 2020, she'll probably get a refusal, which will confirm everything I have just said above.

But... if at all that is not the case (because strange things happen), I would be very interested to know.

kamoe wrote: ↑

Sun Jun 19, 2022 9:34 am

Joseph_Gill wrote: ↑

Thu Jun 16, 2022 8:05 am

Is it ok to show to the case worker that my EU nationality was granted in 2021?

Not only OK, but what you should do. Any attempt to circumvent or purposely avoid explicitly saying when you became a EU national would be akin to misleading the Home Office.

Thank you kamoe for your replies.

It was clearly stated in the application form that I got my EU citizenship in 2021 (I do have a copy of the submitted application form). I will share that application form with the case and see the final decision.

Please read the following example for people with existing limited leave to enter or remain that is published in the case worker guidance (page 48 of 237):

"Example
P is now an EEA citizen who, when he was previously a non-EEA citizen, was granted limited leave to remain as a skilled worker under the Immigration Rules in 2018, which expired in July 2021. He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. P makes an application to the scheme in September 2021 after a friend alerted him to this. These are reasonable grounds for P’s delay in making his application to the scheme."

In the above example it is stated that P is now an EEA citizen. It is not mentioned that the EU citizenship should have been granted before the 31st of December 2020! Has the case worker considered this option? I do not know!

Any further input would be much appreciated.

Cheers

Joseph_Gill wrote: ↑

Sun Jun 19, 2022 11:09 am

Please read the following example for people with existing limited leave to enter or remain that is published in the case worker guidance (page 48 of 237):

"Example
P is now an EEA citizen who, when he was previously a non-EEA citizen, was granted limited leave to remain as a skilled worker under the Immigration Rules in 2018, which expired in July 2021. He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. P makes an application to the scheme in September 2021 after a friend alerted him to this. These are reasonable grounds for P’s delay in making his application to the scheme."

Please note that this is meant to be an example of a valid reason for applying late (the fact of having an existing leave and waiting for its expiration date). It is NOT supposed to give a thorough list of all requirements that must be met by an applicant to qualify for the EU Settlement Scheme. That is covered in the relevant sections of the guidance, which quotes very precisely in page 16 of that same guidance who is defined as a EEA citizen (a definition you do NOT meet):

An ‘EEA citizen’ is defined in Annex 1 to Appendix EU as a person who is (and, throughout any continuous qualifying period relied upon, was)

In other words, just because you have a valid reason to apply late doesn't mean requirements to actually qualify for the EU Settlement scheme can be ignored.

Please note the highlighted sentence: "He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. " must be interpreted as: "P is also eligible to apply to the EU Settlement Scheme but he was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. " And that assumes that all conditions, including being a EU citizen before 31st December 2020, must be met.

I think this example has been so badly worded, that the caseworker, and yourself, have taken to mean that you can waive a key eligibility requirement just because you tick the box of a valid reason for late applications.

In the above example it is stated that P is now an EEA citizen. It is not mentioned that the EU citizenship should have been granted before the 31st of December 2020!

Again, that is because the example is not an example of a checklist of all requirements the EEA citizen must meet (it is obviously assumed that by this point of the application the caseworker has already determined that all conditions are met). What this examples is intended to do, is help a caseworker ponder is, not wether the applicant are eligible to apply, but wether they are allowed to apply late. Is it misleading? Yes. Should it have specified that P is eligible because it became a EU citizen before December 31st? Yes, yes, and yes.

Has the case worker considered this option? I do not know!

If you ask me, the caseworker got confused and made the same mistake you just made.

Any further input would be much appreciated.

I am curious to see if someone else has a different take on this. To me, an error has been made and you should not have been granted Pre-Settled Status as you simply don't meet the requirements. Please note that I am not saying I agree or that I think this is fair, I'm just interpreting the legal texts available.

Also please note I am not an immigration adviser and if you are concerned by this and by the consequences on your status you should seek professional advice.

kamoe wrote: ↑

Sun Jun 19, 2022 12:02 pm

Joseph_Gill wrote: ↑

Sun Jun 19, 2022 11:09 am

Please read the following example for people with existing limited leave to enter or remain that is published in the case worker guidance (page 48 of 237):

"Example
P is now an EEA citizen who, when he was previously a non-EEA citizen, was granted limited leave to remain as a skilled worker under the Immigration Rules in 2018, which expired in July 2021. He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. P makes an application to the scheme in September 2021 after a friend alerted him to this. These are reasonable grounds for P’s delay in making his application to the scheme."

Please note that this is meant to be an example of a valid reason for applying late (the fact of having an existing leave and waiting for its expiration date). It is NOT supposed to give a thorough list of all requirements that must be met by an applicant to qualify for the EU Settlement Scheme. That is covered in the relevant sections of the guidance, which quotes very precisely in page 16 of that same guidance who is defined as a EEA citizen (a definition you do NOT meet):

An ‘EEA citizen’ is defined in Annex 1 to Appendix EU as a person who is (and, throughout any continuous qualifying period relied upon, was)

In other words, just because you have a valid reason to apply late doesn't mean requirements to actually qualify for the EU Settlement scheme can be ignored.

Please note the highlighted sentence: "He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. " must be interpreted as: "P is also eligible to apply to the EU Settlement Scheme but he was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. " And that assumes that all conditions, including being a EU citizen before 31st December 2020, must be met.

I think this example has been so badly worded, that the caseworker, and yourself, have taken to mean that you can waive a key eligibility requirement just because you tick the box of a valid reason for late applications.

In the above example it is stated that P is now an EEA citizen. It is not mentioned that the EU citizenship should have been granted before the 31st of December 2020!

Again, that is because the example is not an example of a checklist of all requirements the EEA citizen must meet (it is obviously assumed that by this point of the application the caseworker has already determined that all conditions are met). What this examples is intended to do, is help a caseworker ponder is, not wether the applicant are eligible to apply, but wether they are allowed to apply late. Is it misleading? Yes. Should it have specified that P is eligible because it became a EU citizen before December 31st? Yes, yes, and yes.

Has the case worker considered this option? I do not know!

If you ask me, the caseworker got confused and made the same mistake you just made.

Any further input would be much appreciated.

I am curious to see if someone else has a different take on this. To me, an error has been made and you should not have been granted Pre-Settled Status as you simply don't meet the requirements. Please note that I am not saying I agree or that I think this is fair, I'm just interpreting the legal texts available.

Also please note I am not an immigration adviser and if you are concerned by this and by the consequences on your status you should seek professional advice.

Hi kamoe,

I am still waiting for the case worker's feedback.

Would the HO revoke my pre-settled status although all the details mentioned in my application form are correct? If so, will I be put back to the immigration status I was holding before I got the pre-settled status?

Joseph_Gill wrote: ↑

Wed Jun 29, 2022 10:59 am

kamoe wrote: ↑

Sun Jun 19, 2022 12:02 pm

Joseph_Gill wrote: ↑

Sun Jun 19, 2022 11:09 am

Please read the following example for people with existing limited leave to enter or remain that is published in the case worker guidance (page 48 of 237):

"Example
P is now an EEA citizen who, when he was previously a non-EEA citizen, was granted limited leave to remain as a skilled worker under the Immigration Rules in 2018, which expired in July 2021. He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. P makes an application to the scheme in September 2021 after a friend alerted him to this. These are reasonable grounds for P’s delay in making his application to the scheme."

Please note that this is meant to be an example of a valid reason for applying late (the fact of having an existing leave and waiting for its expiration date). It is NOT supposed to give a thorough list of all requirements that must be met by an applicant to qualify for the EU Settlement Scheme. That is covered in the relevant sections of the guidance, which quotes very precisely in page 16 of that same guidance who is defined as a EEA citizen (a definition you do NOT meet):

An ‘EEA citizen’ is defined in Annex 1 to Appendix EU as a person who is (and, throughout any continuous qualifying period relied upon, was)

In other words, just because you have a valid reason to apply late doesn't mean requirements to actually qualify for the EU Settlement scheme can be ignored.

Please note the highlighted sentence: "He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. " must be interpreted as: "P is also eligible to apply to the EU Settlement Scheme but he was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. " And that assumes that all conditions, including being a EU citizen before 31st December 2020, must be met.

I think this example has been so badly worded, that the caseworker, and yourself, have taken to mean that you can waive a key eligibility requirement just because you tick the box of a valid reason for late applications.

In the above example it is stated that P is now an EEA citizen. It is not mentioned that the EU citizenship should have been granted before the 31st of December 2020!

Again, that is because the example is not an example of a checklist of all requirements the EEA citizen must meet (it is obviously assumed that by this point of the application the caseworker has already determined that all conditions are met). What this examples is intended to do, is help a caseworker ponder is, not wether the applicant are eligible to apply, but wether they are allowed to apply late. Is it misleading? Yes. Should it have specified that P is eligible because it became a EU citizen before December 31st? Yes, yes, and yes.

Has the case worker considered this option? I do not know!

If you ask me, the caseworker got confused and made the same mistake you just made.

Any further input would be much appreciated.

I am curious to see if someone else has a different take on this. To me, an error has been made and you should not have been granted Pre-Settled Status as you simply don't meet the requirements. Please note that I am not saying I agree or that I think this is fair, I'm just interpreting the legal texts available.

Also please note I am not an immigration adviser and if you are concerned by this and by the consequences on your status you should seek professional advice.

Hi kamoe,

I am still waiting for the case worker's feedback.

Would the HO revoke my pre-settled status although all the details mentioned in my application form are correct? If so, will I be put back to the immigration status I was holding before I got the pre-settled status?

Usually if they make a mistake like they accidentally granted you pre-settled/settled status, then they do not revoke it. I have heard from a couple of friends, somebody supposed to be granted pre-settled and lived 6 months in the uk only, but received settled status instead, flagged this to HM but they said whatever is granted will stay as it is... but of course there is no guarantee.

Joseph_Gill wrote: ↑

Wed Jun 29, 2022 10:59 am

Hi kamoe,

I am still waiting for the case worker's feedback.

Would the HO revoke my pre-settled status although all the details mentioned in my application form are correct? If so, will I be put back to the immigration status I was holding before I got the pre-settled status?

I do not know what the HO will do, and honestly I don't think anyone can know for sure.

But by answering truthfully to their request, you have done the right thing.

It would be wise of you to contact Settled immediately: https://settled.org.uk/contact/ and ask their opinion.

I say this, because even if you have a status now, you and your partner might not have a guaranteed status in the future, and waiting for months to hear back for a definitive answer from the Home Office might be counter productive.

Good luck.

Allenmarkarian wrote: ↑

Fri Jul 01, 2022 10:08 am

Usually if they make a mistake like they accidentally granted you pre-settled/settled status, then they do not revoke it. I have heard from a couple of friends, somebody supposed to be granted pre-settled and lived 6 months in the uk only, but received settled status instead, flagged this to HM but they said whatever is granted will stay as it is... but of course there is no guarantee.

I have also seen in these forums cases of people flagging glaring mistakes to the Home Office and being told there is no error/the error won't be rectified, and statuses will be left as they are. So your status might be safe now...
...BUT, the fact that a mistake was allowed does not mean they will or can make the same mistake again, and that affects:

1. Your partner status.
2. Your own future Settled status. In 4 years time you won't meet the 5-year requirement of a continuous residence period starting before December 31st 2020, so if by then pre-Settled status is your only status, you might be stuck.

Hence why asking professional advice right now is not a bad idea.

kamoe wrote: ↑

Fri Jul 01, 2022 10:26 am

Allenmarkarian wrote: ↑

Fri Jul 01, 2022 10:08 am

Usually if they make a mistake like they accidentally granted you pre-settled/settled status, then they do not revoke it. I have heard from a couple of friends, somebody supposed to be granted pre-settled and lived 6 months in the uk only, but received settled status instead, flagged this to HM but they said whatever is granted will stay as it is... but of course there is no guarantee.

I have also seen in these forums cases of people flagging glaring mistakes to the Home Office and being told there is no error/the error won't be rectified, and statuses will be left as they are. So your status might be safe now...
...BUT, the fact that a mistake was allowed does not mean they will or can make the same mistake again, and that affects:

1. Your partner status.
2. Your own future Settled status. In 4 years time you won't meet the 5-year requirement of a continuous residence period starting before December 31st 2020, so if by then pre-Settled status is your only status, you might be stuck.

Hence why asking professional advice right now is not a bad idea.

Allenmarkarian & kamoe, thanks for your replies, really appreciated it.

I understand that there is uncertainty in my partner's application, however, it is clearly stated in the HO website that: "You can apply as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein if all of the following are true:

they started living in the UK by 31 December 2020
they have settled or pre-settled status, have applied and are waiting for a decision or are eligible for settled or pre-settled status"

Would not be the fact that I do hold a pre-settled status (regardless on which basis the decision was made) pushes the case worker to accept my partner's application? After all, how come I will stay under the EUSS and my partner not - a bit of inconsistency!

Please Allenmarkarian & kamoe, let me know your opinion.

Joseph

Joseph_Gill wrote: ↑

Fri Jul 01, 2022 11:14 am

it is clearly stated in the HO website that: "You can apply as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein if all of the following are true:

they started living in the UK by 31 December 2020
they have settled or pre-settled status, have applied and are waiting for a decision or are eligible for settled or pre-settled status"

Same issue as before. These website texts are oversimplifications of the actual withdrawal agreement (that I have quoted to you already three times) that do not reflect every possible case people find themselves in. In other words, do not treat these texts as a thorough list of requirements, because they are not.

By saying "they started living in the UK by 31 December 2020" they actually mean "they started living in the UK by 31 December 2020 as a EU citizen" (as per withdrawal agreement).

Would not be the fact that I do hold a pre-settled status (regardless on which basis the decision was made) pushes the case worker to accept my partner's application?

I would not bank on it, after all, they came back asking you for more, if your having pre-settled status was enough, they would have granted her status already. That's the reason I am telling you that it is not a bad idea to seek legal advice.

After all, how come I will stay under the EUSS and my partner not - a bit of inconsistency!

Your status was granted in error!!! That's how come.
If you keep highlighting the fact that things are an inconsistence, the one thing to do to "put things right" would be to revoke your status, so be careful with what you wish for.

For the third time, it is not a bad idea to seek legal advice.

Joseph_Gill wrote: ↑

Fri Jul 01, 2022 11:14 am

...it is clearly stated in the HO website that: "You can apply as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein if all of the following are true:

they started living in the UK by 31 December 2020
they have settled or pre-settled status, have applied and are waiting for a decision or are eligible for settled or pre-settled status"

I guess we all read things differently when examples are given. My bold above.
I read that example as - their "someone from the EU" had to living in the UK by 31 December 2020... Therefore as you were not an EU citizen by 31 December 2020, that requirement in not met.

I was wating to see what kamoe said

kamoe wrote: ↑

Fri Jul 01, 2022 11:38 am

By saying "they started living in the UK by 31 December 2020" they actually mean "they started living in the UK by 31 December 2020 as a EU citizen" (as per withdrawal agreement).

Joseph_Gill wrote: ↑

Fri Jul 01, 2022 11:14 am

kamoe wrote: ↑

Fri Jul 01, 2022 10:26 am

Allenmarkarian wrote: ↑

Fri Jul 01, 2022 10:08 am

Usually if they make a mistake like they accidentally granted you pre-settled/settled status, then they do not revoke it. I have heard from a couple of friends, somebody supposed to be granted pre-settled and lived 6 months in the uk only, but received settled status instead, flagged this to HM but they said whatever is granted will stay as it is... but of course there is no guarantee.

I have also seen in these forums cases of people flagging glaring mistakes to the Home Office and being told there is no error/the error won't be rectified, and statuses will be left as they are. So your status might be safe now...
...BUT, the fact that a mistake was allowed does not mean they will or can make the same mistake again, and that affects:

1. Your partner status.
2. Your own future Settled status. In 4 years time you won't meet the 5-year requirement of a continuous residence period starting before December 31st 2020, so if by then pre-Settled status is your only status, you might be stuck.

Hence why asking professional advice right now is not a bad idea.

Allenmarkarian & kamoe, thanks for your replies, really appreciated it.

I understand that there is uncertainty in my partner's application, however, it is clearly stated in the HO website that: "You can apply as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein if all of the following are true:

they started living in the UK by 31 December 2020
they have settled or pre-settled status, have applied and are waiting for a decision or are eligible for settled or pre-settled status"

Would not be the fact that I do hold a pre-settled status (regardless on which basis the decision was made) pushes the case worker to accept my partner's application? After all, how come I will stay under the EUSS and my partner not - a bit of inconsistency!

Please Allenmarkarian & kamoe, let me know your opinion.

Joseph

Overal, I would suggest that you should either withdraw your partner's EUSS application or she should definitely submit truth(So she should reply when you granted EU citizenship and provide correct evidence)
I think your case is a bit stuck in terms of sponsoring your partner. Looks like you received pre-settled in error and %99 HM will let you to keep it even they admit it is due to an error.

However, the other case worker will probably refuse your partner's EUSS application as she does not meet the criterias and for sure HM will not grant another status because of first one was an error.
If you/your partner mislead them about your EU citizenship timing, it would be the worst thing and can effect your entire future here.
If you challenge them that you hold pre-settle, why did they grant to you but not granting your partner etc. I think it would result revooking your status rather than granting one more error for your partner.

But I understand that you want to/need to sponsor your partner somehow as current situation seems stuck for doing that, you may seek for professional advice as Kamoe said but I think you either will need to come back to your previous immigration status to sponsor your partner from that as well or your partner needs to find another path to maintain her residency here until you get settled status and sponsor her.

But who knows, getting professional advice is the safetiest in your case.

Hi Allenmarkarian,

Thanks for your reply.

Yes my partner has submitted a document that I was given when I got my EU citizenship where it is clearly mentioned that it was granted in 2021. In addition, in my application for the EUSS there is a clear question on when I got my EU nationality where I replied by "2021".

My partner was under a PBS dependent visa (I sponsored her when I was holding Tier 2 visa) which expires in November 2022. If the caseworker will reject her EUSS application, will she be automatically put back to her PBS dependent visa? If so, can she extend next November to reach 5 years and then apply for ILR?

If in the future I will have a child with an EU nationality, will he/she be granted status under the EUSS?

If the HM admits that granting me a pre-settled status was an error and will not revoke it, will I get a settled status after spending 5 years in the UK (or after 5 years from the year I was granted the EU nationality i.e., 2021)?

Looking forward to your feedback,

Cheers
Joseph

Joseph_Gill wrote: ↑

Fri Jul 01, 2022 7:41 pm

Hi Allenmarkarian,

Thanks for your reply.

Yes my partner has submitted a document that I was given when I got my EU citizenship where it is clearly mentioned that it was granted in 2021. In addition, in my application for the EUSS there is a clear question on when I got my EU nationality where I replied by "2021".

My partner was under a PBS dependent visa (I sponsored her when I was holding Tier 2 visa) which expires in November 2022. If the caseworker will reject her EUSS application, will she be automatically put back to her PBS dependent visa? If so, can she extend next November to reach 5 years and then apply for ILR?

If in the future I will have a child with an EU nationality, will he/she be granted status under the EUSS?

If the HM admits that granting me a pre-settled status was an error and will not revoke it, will I get a settled status after spending 5 years in the UK (or after 5 years from the year I was granted the EU nationality i.e., 2021)?

Looking forward to your feedback,

Cheers
Joseph

If your partner submitted everything in, clearly. I woukld suggest that you wait until you receive an outcome/reply from HM, this is up to them, I guess no one can know what they will decide at trhis stage according to your/your parner's action.

You might be lucky that your partner will be granted.

Whsat I can say that I heard from one of friend that he was only 6-20 month in the UK but by mistakenly he received settled instead of pre-settled, he questioned it but he answer was like no matter what, if HM decided, it is certain and you keep the status. But I remember that that Friend couln't get British passport cos he was granted setked status which is ok, just the other conditions did not meet(like timing in UK etc.), he would escalete it further but he was adviced to not do cos they would rather cancel this error instead, so he just decided to keep it until meeting citizenship criteria timing.

Of course again, I am just ordinary qualified finance person, don't take my advice for immigrations pls, you might get exact advice from immigration professionals.


REGARDIN
"My partner was under a PBS dependent visa (I sponsored her when I was holding Tier 2 visa) which expires in November 2022. If the caseworker will reject her EUSS application, will she be automatically put but back to her PBS dependent visa? If so, can she extend next November to reach 5 years and then apply for ILR?"

I do not think so, these 2 things are totally different statusses, They would just refuse her applicatin and that's it. it is up to ur parther to find another route... HM will consider it whatever you submit versus whatever is on their paperwork.(Excluding errors)

REGARDIN,
"If in the future I will have a child with an EU nationality, will he/she be granted status under the EUSS?
"
I think yes, HM would not mess with your status any more, you got it, it is confirmed by HM, however, unless you mess with them via court, administration etc...

REGARDIN
If the HM admits that granting me a pre-settled status was an error and will not revoke it, will I get a settled status after spending 5 years in the UK (or after 5 years from the year I was granted the EU nationality i.e., 2021)?""

Yes, you did right thing, you declared truth, they granted it. They would not mess at the end with checking your very poast history and or their error etc, they would seek for 5 years of residency rule, I assume you would stay and maintain for further 5 years with no breake... So you should be fine.
There are certain law and rules but it does n ot work always minute by minute, might be minor exemptions
lik4 EUs are in the UK,

Anyway, I think that if you challenge HM for ur parther reasoning that u have pre-settled, HM would take that escalation but would result cancelling your status rather than giving your partner further error... I would recommend you to beextra carefull here and do not mess with HO :/

But anyway, best of the luck!

kamoe wrote: ↑

Fri Jul 01, 2022 11:38 am

Joseph_Gill wrote: ↑

Fri Jul 01, 2022 11:14 am

it is clearly stated in the HO website that: "You can apply as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein if all of the following are true:

they started living in the UK by 31 December 2020
they have settled or pre-settled status, have applied and are waiting for a decision or are eligible for settled or pre-settled status"

Same issue as before. These website texts are oversimplifications of the actual withdrawal agreement (that I have quoted to you already three times) that do not reflect every possible case people find themselves in. In other words, do not treat these texts as a thorough list of requirements, because they are not.

By saying "they started living in the UK by 31 December 2020" they actually mean "they started living in the UK by 31 December 2020 as a EU citizen" (as per withdrawal agreement).

Would not be the fact that I do hold a pre-settled status (regardless on which basis the decision was made) pushes the case worker to accept my partner's application?

I would not bank on it, after all, they came back asking you for more, if your having pre-settled status was enough, they would have granted her status already. That's the reason I am telling you that it is not a bad idea to seek legal advice.

After all, how come I will stay under the EUSS and my partner not - a bit of inconsistency!

Your status was granted in error!!! That's how come.
If you keep highlighting the fact that things are an inconsistence, the one thing to do to "put things right" would be to revoke your status, so be careful with what you wish for.

For the third time, it is not a bad idea to seek legal advice.

Thanks Kamoe, really appreciated your reply.

Can you please share your opinion on the following questions:

1. My partner was under a PBS dependent visa (I sponsored her when I was holding Tier 2 visa) which expires in November 2022. If the caseworker will reject her EUSS application, will she be automatically put back to her PBS dependent visa? If so, can she extend next November to reach 5 years and then apply for ILR?

2. If in the future I will have a child with an EU nationality, will he/she be granted status under the EUSS?

3. If the HM admits that granting me a pre-settled status was an error and will not revoke it, will I get a settled status after spending 5 years in the UK (or after 5 years from the year I was granted the EU nationality i.e., 2021)?

Looking forward to your feedback,

Cheers
Joseph

Allenmarkarian wrote: ↑

Fri Jul 01, 2022 10:31 pm

If your partner submitted everything in, clearly. I woukld suggest that you wait until you receive an outcome/reply from HM, this is up to them, I guess no one can know what they will decide at trhis stage according to your/your parner's action.

The danger of this being, they might take months to come back. Only to refuse it. And this might happen after the partner's current visa expires. Not a good situation to find oneself in. That's why seeking legal support and advice by a specialised organisation RIGHT NOW is not a bad idea.

REGARDIN,
"If in the future I will have a child with an EU nationality, will he/she be granted status under the EUSS?
"
I think yes, HM would not mess with your status any more, you got it, it is confirmed by HM, however, unless you mess with them via court, administration etc...

Not at all.
The OP's status is extremely fragile, it's there but it was issued in error, and that offers no guarantee that any derived statuses will be successful. Do not bank on it, and do not lead people to believe they can bank on it.

REGARDIN
If the HM admits that granting me a pre-settled status was an error and will not revoke it, will I get a settled status after spending 5 years in the UK (or after 5 years from the year I was granted the EU nationality i.e., 2021)?""

Yes, you did right thing, you declared truth, they granted it. They would not mess at the end with checking your very poast history and or their error etc, they would seek for 5 years of residency rule, I assume you would stay and maintain for further 5 years with no breake... So you should be fine.
There are certain law and rules but it does n ot work always minute by minute, might be minor exemptions
lik4 EUs are in the UK,

NOT AT ALL.

The OP is not eligible for Pre-Settled status because their continuous residency period started in 2021; that means in 4-5 years they will not be eligible for Settled Status either, even if they complete 5 continuous years in the UK with zero absences. The condition of start of continuous residence before December 2020 will still apply, and they won't meet it. That's why I said they might find themselves stuck with pre-Settled Status with no way of upgrading to Settled.

Joseph_Gill wrote: ↑

Sat Jul 02, 2022 7:46 am

1. My partner was under a PBS dependent visa (I sponsored her when I was holding Tier 2 visa) which expires in November 2022. If the caseworker will reject her EUSS application, will she be automatically put back to her PBS dependent visa? If so, can she extend next November to reach 5 years and then apply for ILR?

Generally speaking, if someone applies for a visa/permit/status while holding another valid visa/permit/status, two things can happen:

a. The application is successful: The person will be issued a new visa/permit/status and the old one will get revoked
b. The application is unsuccessful :nothing happens. They won't be issued a new status, and won't be revoked their current status.

Also, none of the above happens before the application is decided, the fact of applying doesn't mean you lose your current visa/permit/status, so if her current leave is valid there is no "putting her back" on it, since she has never lost it.

Now... I do not know if her current dependent visa is valid given you no longer have that visa yourself!!! The moment you got your Pre-Setteld status, your Skilled Worker visa was revoked. I fear that means hers also was? This is really becoming entangled, really, for the forth time, PLEASE you should seek professional advice ASAP, instead of relying in well-intentioned but amateur advice on here (some people here are very knowledgeable and professional, but most of us do not have the legal capacity to advise).

2. If in the future I will have a child with an EU nationality, will he/she be granted status under the EUSS?

Your status is fragile, don't bank on it.

3. If the HM admits that granting me a pre-settled status was an error and will not revoke it, will I get a settled status after spending 5 years in the UK (or after 5 years from the year I was granted the EU nationality i.e., 2021)?

Already answered this above. If after 5 continuous years you apply and your case worker misinterprets the rules in the same way as the one that granted you Pre-Settled status, then you might get lucky and get it. If on the other hand, you end up with a more competent case worker as thorough as the one handling your partner's case right now, you'll get your Settled Status refused, and there would be nothing you can do about it. No amount of extra time can fix the fact that you did not start living in the UK as a EU citizen before 31st December 2020.

I already said all I could said about this, seriously, contact Settled RIGHT NOW: https://settled.org.uk/contact/
(They might or might not be able to help you directly, but if they can't they'll point you in the right direction).

Hi,

I am still waiting for a decision on my partner's application which has been submitted on the 20th of February 2022.

To expedite the process, would it be advisable to chase the HO up? If so, what is the best way to do so?

Cheers
Joseph

Joseph_Gill wrote: ↑

Fri Jul 08, 2022 10:18 am

To expedite the process

There is no way to expedite the process. The Home Office will make a decision when it will make a decision. But..

would it be advisable to chase the HO up? If so, what is the best way to do so?

...You can reach out if you have a special context/question that you want to highlight. I know of two ways people have tried in the past, but I cannot guarantee any of them give you an answer quickly, or that they actually do anything:

1. Write to Furthernationalityenquiries@homeoffice.gov.uk
2. Write to your MP, and ask them to chase the Home Office on your behalf

Good luck.

Also, SERIOUSLY, for the FIFTH time:

kamoe wrote: ↑

Sat Jul 02, 2022 10:31 am

I already said all I could said about this, seriously, contact Settled RIGHT NOW: https://settled.org.uk/contact/
(They might or might not be able to help you directly, but if they can't they'll point you in the right direction).

I won't answer any more questions until you report that you have shown this thread to someone at Settled, and asked for their opinion on best next steps.

Hi,

My partner has just received the following update from the case worker:

"We note you have provided details of your relevant EEA citizen however they have stated they did not become an EEA citizen until 2021 therefore does not qualify. Please provided details of an alternative sponsor so we can consider your application."

As my partner does not have an alternative sponsor, this application is not going anywhere! my question is: will my partner be put back on PBS Dependent visa (valid till November 2022)? If so, will it be possible to apply for ILR after spending 5 years under PBS Dependent route?

kamoe, I have reached Settled for an advise and they advised me to seek expert immigration legal advice (I initially thought that they provide a legal immigration advise!)

Looking forward to your reply,

Cheers,
Joseph

Joseph_Gill wrote: ↑

Wed Jul 27, 2022 1:18 pm

will my partner be put back on PBS Dependent visa (valid till November 2022)?

Please read carefully what I already explained to you in previous answers:

Applying for a given visa, or residence permit, does NOT mean the applicant loses their current visa or residence permit. Cancellation of a previous visa/permit only happens if the new application is successful, since it is not possible to have two different permits at the same time. Because her application was not successful, your partner hasn't lost whatever permit she has, and therefore there is no "putting her back"; she hasn't lost it.

What you need to think about is how to renew her dependent visa come November. BTW, the first thing you need to think about is your own status. Your partner's application refusal confirms that your status was issued in error, and there is no way for you to claim you did not know this. If you do not do anything about it, you will likely be stuck when you want to get Settled Status: you will not meet the 5 year residence requirement because it did not start before 31st December 2020. Ask the adviser about your status and start planning to get your PBS permit back. Don't bank on your pre-settled status, you won't have it for long and you won't be able to convert it to Settled Status.

If so, will it be possible to apply for ILR after spending 5 years under PBS Dependent route?

You need to ask that question in the relevant section for family members outside of the EU Settlement Scheme: immigration-for-family-members/

kamoe, I have reached Settled for an advise and they advised me to seek expert immigration legal advice (I initially thought that they provide a legal immigration advise!)

Did they not suggest you a list of trusted advisers? (I thought they could). The other suggestion I can give you is to follow The3Million suggestion for legal advisers (https://the3million.org.uk/useful-links) and seek for one near you: https://ilpa.org.uk/members-directory/

kamoe wrote: ↑

Wed Jul 27, 2022 1:54 pm

Joseph_Gill wrote: ↑

Wed Jul 27, 2022 1:18 pm

will my partner be put back on PBS Dependent visa (valid till November 2022)?

Please read carefully what I already explained to you in previous answers:

Applying for a given visa, or residence permit, does NOT mean the applicant loses their current visa or residence permit. Cancellation of a previous visa/permit only happens if the new application is successful, since it is not possible to have two different permits at the same time. Because her application was not successful, your partner hasn't lost whatever permit she has, and therefore there is no "putting her back"; she hasn't lost it.

What you need to think about is how to renew her dependent visa come November. BTW, the first thing you need to think about is your own status. Your partner's application refusal confirms that your status was issued in error, and there is no way for you to claim you did not know this. If you do not do anything about it, you will likely be stuck when you want to get Settled Status: you will not meet the 5 year residence requirement because it did not start before 31st December 2020. Ask the adviser about your status and start planning to get your PBS permit back. Don't bank on your pre-settled status, you won't have it for long and you won't be able to convert it to Settled Status.

If so, will it be possible to apply for ILR after spending 5 years under PBS Dependent route?

You need to ask that question in the relevant section for family members outside of the EU Settlement Scheme: immigration-for-family-members/

kamoe, I have reached Settled for an advise and they advised me to seek expert immigration legal advice (I initially thought that they provide a legal immigration advise!)

Did they not suggest you a list of trusted advisers? (I thought they could). The other suggestion I can give you is to follow The3Million suggestion for legal advisers (https://the3million.org.uk/useful-links) and seek for one near you: https://ilpa.org.uk/members-directory/

Thanks kamoe for your reply.

I have just contacted the EU resolution center and they said that I am eligible for a pre-settled status that's why I was granted with it - but as I become an EU citizen in 2021, I cannot sponsor!

I also tried to talk to several legal immigration advisers but they did not manage to assist me on that!

CR001, manci, would you like to advise whether my partner would be able to extend her PBS Dependent visa while me being under the EUSS?

Cheers
Joseph