Zimba wrote: ↑

Mon Jul 04, 2022 11:25 pm

Nothing to do with EEA regulations

Thank you, Zimba, I really appreciate the help!

Pre-settled status is granted under Appendix EU of the UK immigration rules. That was intended to move people who were under the EEA regulations to the UK immigration rules. That means an applicant who moved from Tier 4 to leave under the Appendix EU was never under the EEA regulations at all and h...

If an applicant for 10yr ILR (SET(LR)) is currently on Pre-Settled Status from the EU settlement scheme as a (extended) family member of an EU citizen, does that count as "time spent in the UK with a right to reside under EEA regulations"? Applicant was previously on a Tier 4 valid until 8/2019, app...

I researched this a while ago, more in the context of naturalisation, but also with ILR in mind for a friend. From what I found online and talking to an immigration lawyer, it's more important to show that you were within the limit than the exact dates. As I understand it, the burden of proof for th...

Just to double check, your EEA partner is male, and you are female? If you were both the same gender, I understand the civil partnership would count as "married". For opposite-sex couples, it's more complicated. There was a court ruling a while ago requiring the government to allow civil partnership...

Previous residence under the regulations can be aggregated with time spent with pre-settled status, to secure settled status. The issue is that the poster wasn't here under EEA regulations, but had a visa as the spouse of a British citizen as this was before the Lounes ruling (or they weren't aware...

As far as I understand, you would still count as having exercised treaty rights from the day you got married to the (dual) EEA citizen (or entered the UK, whichever is later). So you would still qualify for settled status after five years of marriage. BUT, I can't find the posts about this now, so d...

I meant the 2nd one. It seems that some people have gotten responses from the EU Settlement Scheme resolution centre stating that pre-settled status would not be revoked in case of a divorce. It's only at the end of the five years that the ex-family member might not be able to apply for settled stat...

I am seriously considering to get divorce from him as everything is going bad living together (I do not want to put examples in here but if needed I can do it) so I would like to know if divorcing from him will make that he loses his granted rights from that moment on. Is your aim for him to keep h...

My understanding would be that you were still lawfully resident without CSI. It's just that you wouldn't meet the requirements for the old EEA-rules permanent residence, but that isn't required for naturalisation, any route toward freedom from immigration time restrictions is fine. Further, I don't ...

OP, my apologies, I misread your post. I thought you were saying you had been living together, but that you didn't have evidence of it due to the university situation. That's a common issue, since people don't often think to keep mail and other evidence just on the off chance they might need it for ...

Have you received any mail to the same address, ideally bills or other official communication? The OP has clearly said their couple has not lived together for more than 5 months. Your suggestion implies you are advising them to trick the Home Office into believing the contrary, which is strictly fo...

1. Can we apply for the unmarried partner VISA under the scope of her pre-settled status? (all the information we see refers to applications with settled status); 2. We have been studying with financial support from full scholarships. Do these count as proof of income?; 3. Would you have any advice...

But you might have spent about 4 years before getting your PSS? Does it mean even as a EEA citizen, the time you spent here is reset and you need to wait for another 5 years for settlement/ILR and eventually naturalisation? Doesn’t make sense! Ah, that's two different questions! One question is how...

No, that is incorrect. Pre-settled status (in my experience) will be valid for five years from the date of the decision letter.

If the letter says you will receive your biometric residence card, then that should indeed mean the application was successful. I think people usually receive their passport together with the other documents, but it might be that they send it separately.

Are you getting to the step where it sends you a PIN by text or email? If not, what ID document are you using? If you've got a BRC, it might be that your status is linked to your BRC number, not your passport number.

As far as I understand it, it doesn't matter. Look up the original Lounes case - in that very case, the relationship started long after British citizenship was acquired.

I called and asked EU resolution scheme about that, They told me all residence cards will be valid IF THEY ARE LINKED TO PRE-SETTLED STATUS(IF it was used when you were applying for PRE-SETTLED status) but those who did not apply for eu settlement scheme, their cards will be invalid. Huh, interesti...

Thing is, it is not only airlines who would need to check this. Employers and landlords/letting agencies/mortgage lenders... As you say, there is no adequate system in place for that, so the likeliest scenario is they keep issuing cards. That part applies to EU citizens as well though post-Brexit, ...

On the website of eu settlement scheme, after I read I thought it will be online, or they just issue it for those who have pre-settled, settled status. I don’t think they will check anything else, because a person has already a right to remain! With pre-settled status this is not 100% clear. With t...

For non-EU family members, they can't. They need to issue physical documents. Aso, if they wanted to make it online only they would not have already issued EU Settlement Scheme biometric cards to people who already did not have EEA biometric cards. The process and format are there, they just though...

Since this isn't really a question to provide an actual solution for under current EEA regulations or EU Settlement Scheme, but rather a general reflection on what might be the case post Brexit, should not this be moved to Referendum-News and Developments ? I was more interested if there is anythin...

Once you have _permanent_ residence, I believe your status does not depend on your sponsor anymore. Perhaps someone else could confirm that? Note however that PR will lapse after an absence of two years. Also, you should apply for settled status at some point before the deadline (late 2020 / mid 202...

This is an interesting question, I think returning even briefly should work, but I'd actually be very curious myself if someone more experienced could confirm this. Also your wife could apply for pre-settled status, this would extend it to two years abroad without loosing the status I think. Note ho...