Should husband have been given settled status instead?

Hi all,

My husband was thankfully granted the eea FP that says to join me in the UK. He's still abroad as he's got to sort out work and family related stuff before he comes here. My questions are:

1. Can he enter the UK after the 31st January, regardless of deal or no deal brexit?

2. If he comes to the UK before the 31st, what can he apply for to continue living here?

3. Same question as above with him coming to the UK after the 31st January?

I'm so confused, thanks in advance

1. Can he enter the UK after the 31st January, regardless of deal or no deal brexit?

Yes, presumably UK will honour existing visas granted under EU regulations regardless. Plus, they keep saying that EU citizens (and their families) rights will not be affected till 31/12/2020 (30/06/2021 with deal Brexit)

2. If he comes to the UK before the 31st, what can he apply for to continue living here?

Presumably both schemes (EEA RC and EUSS) will still run in parallel for some time (potentially till above mentioned deadlines) but this isn't clear. So he can potentially apply for both. Keep in mind that in any case he will need to get pre-settled status by 31/12/2020 (30/06/2021), so your actions are either EEA card and then EUSS status or EUSS status (with card) skipping the first step.

3. Same question as above with him coming to the UK after the 31st January?

Presumably the same as in step 2 as long as the EEA card scheme is opened.

Hello,

I've tried to research the question online but could not find any answers. I have settled status, applied for husband to join me, granted eea family permit, he went to biometric appt, and we received decision yesterday. He was granted the pre settled status, we're glad that he's finally recognised in the UK, but should he not have been given the settled status on the basis that I have it?

Thanks

but should he not have been given the settled status on the basis that I have it?

No. Settled status required 5 years residence for each person applying for settled status. He doesn't get it simply because you have it!!

Wow thanks that was super quick!! The solicitor himself was not 100% sure what the home office would grant. He said they sometimes give the settled status, not sure how often they do that. Have you ever heard such thing?

CoffreDoré wrote: ↑

Tue Oct 13, 2020 8:40 am

Wow thanks that was super quick!! The solicitor himself was not 100% sure what the home office would grant. He said they sometimes give the settled status, not sure how often they do that. Have you ever heard such thing?

It's not a lottery. If he just entered, he will get a pre-settled status and needs 5 years to progress to settled.

There have been cases where people got settled after 4.5 years. But there are no cases where a new entrant is immediately granted a settled status.

That's clear enough, thanks!!