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Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

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

lake1
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Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Fri Mar 22, 2019 10:54 am

Hi all,

I've not seen this top discussed anywhere, hence my questions.

Please correct me if am wrong, the EU settlement scheme granting Pre-settled and Settled status (ILR) is part of the withdrawal agreement negotiated by Theresa May and the withdrawal agreement has failed to pass in the parliament? if this is correct, how is possible that the home office has been granting people Pre-settled and Settled status? was this passed separately in Parliament and the necessary law already set in stone and part of UK law, I understand that when you get the Pre-settled and Settled status it states that its granted under UK immigration rule, how is this possible? have the necessary process and law already been enacted and ratified so it's already part of the UK law?

My next question is, what if Brexit is cancelled altogether and it never happens, what happens to in this case the settled status (ILR) that has been granted, will it be cancelled also? Am assuming if the UK doesn't leave the EU then there is no need for the Pre-settled and Settled status as RC or PR will suffice.

Am curious to hear the view of people on these and also from people that are vast in UK process, regulations and laws.

Thanks.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by alterhase58 » Fri Mar 22, 2019 11:21 am

"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

lake1
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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Fri Mar 22, 2019 11:31 am

alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
So by the statutory instrument that make it set in stone and part of UK law going forward?

Everything is on the table even cancellation of Brexit, no one know where Brexit is heading it might not happen at all., I understand this is a long shot but it's not impossible.

So lets assume Brexit doesn't happen what happens to the Settled Status (ILR) already issued? I can see the route closing for future applications as RC and PR will suffice but what about the ones already granted?

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by NikiGio » Fri Mar 22, 2019 11:52 am

lake1 wrote:
Fri Mar 22, 2019 11:31 am
alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
Everything is on the table even cancellation of Brexit, no one know where Brexit is heading it might not happen at all., I understand this is a long shot but it's not impossible.

So lets assume Brexit doesn't happen what happens to the Settled Status (ILR) already issued? I can see the route closing for future applications as RC and PR will suffice but what about the ones already granted?
Yes, everything is on the table - but we just don't know the answer to those questions.
It may be that the HO postpones the date when Settled Dtatus is officially open from 30th March to 13th April, given yesterday's developments.
As to what happens to those already granted Settled Status if Art.50 is revoked and Brexit cancelled - no one knows the answer to that as the HO hasn't said anything about this possibility.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Fri Mar 22, 2019 2:14 pm

Interesting point so if Brexit is cancelled, the Settled status (ILR) is not worth the paper its written on. This is the reason why I asked initially if the Settle status is set in stone in UK law because as far as I know its part of May's withdrawal agreement that Parliament hasnt passed.

I'll like to hear view from others too.



lake1 wrote:
Fri Mar 22, 2019 11:31 am
alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
Everything is on the table even cancellation of Brexit, no one know where Brexit is heading it might not happen at all., I understand this is a long shot but it's not impossible.

So lets assume Brexit doesn't happen what happens to the Settled Status (ILR) already issued? I can see the route closing for future applications as RC and PR will suffice but what about the ones already granted?
Yes, everything is on the table - but we just don't know the answer to those questions.
It may be that the HO postpones the date when Settled Dtatus is officially open from 30th March to 13th April, given yesterday's developments.
As to what happens to those already granted Settled Status if Art.50 is revoked and Brexit cancelled - no one knows the answer to that as the HO hasn't said anything about this possibility.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by mkhan2525 » Fri Mar 22, 2019 8:48 pm

It will depend very much on the form of brexit we have. If we get a soft Brexit where UK retains access to the single market then free movement continues and applications will have to assessed on the basis of exercising a treaty rights as opposed to just residence under the EU settlement scheme.

Norway and other countries part of the EEA agreement have to accept free movement in order to access the single market and have to apply the free movement Directive to entry and residence of EU/EEA Citizens regardless of the fact that their citizens do not have EU Citizenship.

The scheme may not be pulled if the UK were to negotiate some sort of access to the single market without the need for free movement. The EEA agreement for example does allow free movement to be suspended in certain circumstances but has not been tested by the EEA Member States.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by beaujam90 » Fri Mar 22, 2019 9:19 pm

Brexit or not, if you've been granted ILR after having applied for Settled status under the UK immigration law you are Settled, You have been given indefinite leave to remain in the UK.
I was deemed to be settled in the 90s but I have lost my status as the law changed in 2000. It said that if I haven't applied for the ILR before the 2nd October 2000, I was not deemed Settled anymore. I didn't know about the change so I haven't applied for it.
So after I have been settled from June 1989 to oct 2000, I only became settled again in jan 2019 even though I have lived here continuously since 1989. In my case it was the EU law that screwed my situation but the UK immigration law solved it.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by mulder » Sat Mar 23, 2019 10:46 am

alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Very interesting.

Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 11:02 am

Thanks for all the contributions, more opinion is welcome.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 11:04 am

mkhan2525 wrote:
Fri Mar 22, 2019 8:48 pm
It will depend very much on the form of brexit we have. If we get a soft Brexit where UK retains access to the single market then free movement continues and applications will have to assessed on the basis of exercising a treaty rights as opposed to just residence under the EU settlement scheme.

Norway and other countries part of the EEA agreement have to accept free movement in order to access the single market and have to apply the free movement Directive to entry and residence of EU/EEA Citizens regardless of the fact that their citizens do not have EU Citizenship.

The scheme may not be pulled if the UK were to negotiate some sort of access to the single market without the need for free movement. The EEA agreement for example does allow free movement to be suspended in certain circumstances but has not been tested by the EEA Member States.

If UK goes for a soft Brexit and accepts free movement then there is no need to settled status again as they'll simply apply RC or PR.

So what happens to the Settled status already granted.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 11:12 am

beaujam90 wrote:
Fri Mar 22, 2019 9:19 pm
Brexit or not, if you've been granted ILR after having applied for Settled status under the UK immigration law you are Settled, You have been given indefinite leave to remain in the UK.
I was deemed to be settled in the 90s but I have lost my status as the law changed in 2000. It said that if I haven't applied for the ILR before the 2nd October 2000, I was not deemed Settled anymore. I didn't know about the change so I haven't applied for it.
So after I have been settled from June 1989 to oct 2000, I only became settled again in jan 2019 even though I have lived here continuously since 1989. In my case it was the EU law that screwed my situation but the UK immigration law solved it.

Am inclined to support your view, I feel once you get the Settled status that's it for life unless you lose it yourself by been out of the UK etc.

I think this view is supported by the fact that EU Nationals that had ILR before the start of RC and PR are told they don't need to apply for this one again as they will be fine.

But is this view correct ? Can't the whole settled status be cancelled if Brexit is cancelled? Especially as you have no prove of it as the HO isn't issuing any paper document and the main reason it came into play is because of Brexit that has now been cancelled.

This is also why am asking how the Settled status is enshrined in UK law, can it be overruled by something else?

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 11:15 am

mulder wrote:
Sat Mar 23, 2019 10:46 am
alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Very interesting.

Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?

I would think so as it mentions the fact that if a relationship is before a certain date then they are covered.

I know for sure it covers direct family which include parents that are already in the UK and I don't think dependency need to be proved.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by alterhase58 » Sat Mar 23, 2019 11:22 am

UK law can be amended or over-turned by any elected government. Rarely do they act retrospectively though. PR is under EU regulations therefore cannot be overturned and a Statutory Instrument was necessary to implement Appendix EU for settled status. Another example, state pension rules are changing but if the new basis means you would get less pension then you receive pension amounts under the old rules. In my case I obtained PR in the early 80s under the then rules and it was accepted for BC in 2016 (despite EU regulations changing in 2006).
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by joeano353 » Sat Mar 23, 2019 11:38 am

lake1 wrote:
Sat Mar 23, 2019 11:15 am
mulder wrote:
Sat Mar 23, 2019 10:46 am
alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Very interesting.

Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?

I would think so as it mentions the fact that if a relationship is before a certain date then they are covered.

I know for sure it covers direct family which include parents that are already in the UK and I don't think dependency need to be proved.
There is no need to be all prickly and sweaty over the future of settled status. It was never mandatory until 2021. Those who applied and got it FREE, only have an e document which can be downloaded. It may turn out to be worthless but what did u lose? Half an hour (if your phone is not compatible), less if u have a newer phone. So chill out and wait for the final outcome.

lake1
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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 4:32 pm

alterhase58 wrote:
Sat Mar 23, 2019 11:22 am
UK law can be amended or over-turned by any elected government. Rarely do they act retrospectively though. PR is under EU regulations therefore cannot be overturned and a Statutory Instrument was necessary to implement Appendix EU for settled status. Another example, state pension rules are changing but if the new basis means you would get less pension then you receive pension amounts under the old rules. In my case I obtained PR in the early 80s under the then rules and it was accepted for BC in 2016 (despite EU regulations changing in 2006).
Good point, but using your pension example, they could choose to apply the new rule even if you'll be worse off but they chose not too. So you're at their mercy.

I guess this is all hypothetical but it seems the settled status (ILR) even if you're granted now can be made invalid in future so it's not guaranteed.

Thanks for your contribution.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 4:37 pm

joeano353 wrote:
Sat Mar 23, 2019 11:38 am
lake1 wrote:
Sat Mar 23, 2019 11:15 am
mulder wrote:
Sat Mar 23, 2019 10:46 am
alterhase58 wrote:
Fri Mar 22, 2019 11:21 am
"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Very interesting.

Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?

I would think so as it mentions the fact that if a relationship is before a certain date then they are covered.

I know for sure it covers direct family which include parents that are already in the UK and I don't think dependency need to be proved.
There is no need to be all prickly and sweaty over the future of settled status. It was never mandatory until 2021. Those who applied and got it FREE, only have an e document which can be downloaded. It may turn out to be worthless but what did u lose? Half an hour (if your phone is not compatible), less if u have a newer phone. So chill out and wait for the final outcome.
It's true I asked for opinions but I wasnt expecting, "prickly, sweaty and chill out", anyway thanks for your comments.

It might not be mandatory until 2021 but the discussion is to find out if the already granted settled status can be cancelled if Brexit is.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by beaujam90 » Sat Mar 23, 2019 5:06 pm

I am confident that a settled status, that was legally granted, will not be canceled. It's an application, even though that the HO calls it ''registration''.
The Uk government is sovereign and can decide to grant ILR how it pleases, but cannot cancel the ILR in contradiction of it s own laws. The reason of the cancelation which the UK would remain in the EU is not a valid one. The 'intent' that the UK is leaving or not has no consequence on the ILR which was already granted.
Anyone who is married with a brit and who has the settled status under the EU registration scheme can apply now for the BC. And children born from parents with this SS are British. Because the Settled status is law, I doubt the HO can nullify their British citizenship.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sat Mar 23, 2019 6:58 pm

beaujam90 wrote:
Sat Mar 23, 2019 5:06 pm
I am confident that a settled status, that was legally granted, will not be canceled. It's an application, even though that the HO calls it ''registration''.
The Uk government is sovereign and can decide to grant ILR how it pleases, but cannot cancel the ILR in contradiction of it s own laws. The reason of the cancelation which the UK would remain in the EU is not a valid one. The 'intent' that the UK is leaving or not has no consequence on the ILR which was already granted.
Anyone who is married with a brit and who has the settled status under the EU registration scheme can apply now for the BC. And children born from parents with this Surinder Singh route are British. Because the Settled status is law, I doubt the HO can nullify their British citizenship.
Well said, I think they'll likely close the route (the method of application, eform, online etc isn't relevant) if Brexit is cancelled (very possible if a 2nd referendum is granted) and people already with the Settled status will keep it but it won't be open to new applicants.

I very much doubt they'll say sorry, we aint leaving again your settled status (ILR) is gone.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by rooibos » Sun Mar 24, 2019 9:28 am

alterhase58 wrote:
Sat Mar 23, 2019 11:22 am
Rarely do they act retrospectively though.
Yes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.

And just one more word: Windrush!

Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by sfljiaf » Sun Mar 24, 2019 9:59 am

rooibos wrote:
Sun Mar 24, 2019 9:28 am
alterhase58 wrote:
Sat Mar 23, 2019 11:22 am
Rarely do they act retrospectively though.
Yes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.

And just one more word: Windrush!

Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.
But had you already applied for and were granted PR under the old rules? I think the point is that they would be unlikely to take an immigration status away from you after it's been granted, even if the rules change for the worse.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sun Mar 24, 2019 7:16 pm

rooibos wrote:
Sun Mar 24, 2019 9:28 am
alterhase58 wrote:
Sat Mar 23, 2019 11:22 am
Rarely do they act retrospectively though.
Yes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.

And just one more word: Windrush!

Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.

What happened to the people of Windrush sends shivers down the spine of most.

Agreed they can change the rule but am not sure they can take it away once you've got it or can they ?

I guess in your case you hadn't applied before the change.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Sun Mar 24, 2019 7:24 pm

sfljiaf wrote:
Sun Mar 24, 2019 9:59 am
rooibos wrote:
Sun Mar 24, 2019 9:28 am
alterhase58 wrote:
Sat Mar 23, 2019 11:22 am
Rarely do they act retrospectively though.
Yes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.

And just one more word: Windrush!

Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.
But had you already applied for and were granted PR under the old rules? I think the point is that they would be unlikely to take an immigration status away from you after it's been granted, even if the rules change for the worse.


That's what I think too, it's a case of you've got it you're sorted but others that follow can't get it.

But then again how can someone prove it with the status been online and only linked to your passport.

I think the argument that if you have a child now in the UK they are British proves they're unlikely to take it away as you can't just strip the child of their British nationality.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by rooibos » Mon Mar 25, 2019 9:47 am

sfljiaf wrote:
Sun Mar 24, 2019 9:59 am

But had you already applied for and were granted PR under the old rules? I think the point is that they would be unlikely to take an immigration status away from you after it's been granted, even if the rules change for the worse.
Yes, "likely" is one thing, "possible" is another thing. Will they likely take granted rights away? Probably not, although they tried it with the Windrush affair. Can they do it? Yes, they can.

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by beaujam90 » Mon Mar 25, 2019 4:05 pm

EU Immigration was one of the main issues that that Brits were concerned about when voting for Brexit.
Even if the UK would like to remain a member, it would want to have guarantees that it would control who can come to the UK and how many EU citizens could come.
The UK gov said that they want the EU citizens to stay. Removing the Settled status to those who already received it would be seen as part of the hostile environment.
Already 200 000 Eu cit have been granted ILR. The HO wished to register all of us, Brexit or no Brexit. Changing course of this EU registration scheme will discourage those EU citizens who haven't registered to register under another registration scheme. The actual EU Registration scheme has cost already over £ 300 M. As well as for registering Eu cits to see who are here, this scheme is designed to fix some issues for the EU cits for example the luck of health issuance issue that blocks settlements status for EU citizens who are not Exercising treaty rights ( such as stay at home mothers, disabled people, homeless...).

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Re: Brexit Cancelled, What next for Settled (ILR) and Pre-Settled Status

Post by lake1 » Mon Mar 25, 2019 8:29 pm

Looking at all the views, I think most people agree its very unlikely the settled status (ILR) will be cancelled or taken away if it's already granted, this will probably cause lots of uproar and issues than just letting people keep it.

I did read a post here from someone that applied for RC or PR (can't remember which one exactly now) and they were told about the settled and pre-settled application starting on 30th March, this shows the HO is directing people toward this and it's unlike they'll pull the plug once granted.

Thanks for all the contributions guys.

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