When to apply for settled status?

lunallena wrote: ↑

Mon Feb 03, 2020 9:26 am

I came to the UK as a student (Tier4 visa) on September 2010. In 2016 I switched my student visa for a work visa (Tier2) and then switched to a RC as the extended family member of a EEA citizen on August 2017 (I applied when my Tier2 was still valid, having a six-month overlap with the two). I applied for pre-settled status last year, which was granted on February 2019.

I know that the EEA RC will not be valid after December 2020 and I assume this document will be replaced with something else, as the settled status is linked to the biometric card and not to the passport as with EEA citizens. My question is: when can I apply for settled status? I have been an extended family member since August 2017 so I would assume I can apply in August 2022. But as my RC won't be valid after 2020, will they ignore this date and I would have to apply in February 2024?

kamoe wrote: ↑

Mon Feb 03, 2020 11:29 am

lunallena wrote: ↑

Mon Feb 03, 2020 9:26 am

I came to the UK as a student (Tier4 visa) on September 2010. In 2016 I switched my student visa for a work visa (Tier2) and then switched to a RC as the extended family member of a EEA citizen on August 2017 (I applied when my Tier2 was still valid, having a six-month overlap with the two). I applied for pre-settled status last year, which was granted on February 2019.

Pretty much my same immigration history, give or take a year!

I know that the EEA RC will not be valid after December 2020 and I assume this document will be replaced with something else, as the settled status is linked to the biometric card and not to the passport as with EEA citizens. My question is: when can I apply for settled status? I have been an extended family member since August 2017 so I would assume I can apply in August 2022. But as my RC won't be valid after 2020, will they ignore this date and I would have to apply in February 2024?

Your are mixing two or three separate and independent questions into one.

On one hand, there is the question of when you are eligible for Settled Status, which is in principle an electronic status (special provisions are in place for non-EU family members of EU citizens, but that is a separate issue). The answer to that, as you correctly assume, is August 2022.

On the other hand is the question of whether you need to replace your BRC card after December 2020. The answer to that is that since you have Pre-Settled status, you could in theory stay legally in the UK without a physical card after December 2020, BUT... if you do that, you might experience some difficulty in proving your right to live and work in the UK, or show potential landlords they can let to you; and definitely you will find it challenging to re enter the UK after travel abroad. This might or might not be relevant or important to you.

So following from the above, and if you find that not having a physical card is an issue for you, there is the third question of how to procure yourself a physical card that is valid after December 2020, and before you are eligible for Settled Status. The answer to that is that there is a conversion service exactly designed for people wanting to covert their EEA BRC into a EU Settlement Scheme BRC. See this post.

Update, replace or transfer your biometric residence card (BRC)
You can use this form to get a biometric residence card (BRC) if you are in the UK, you have been granted leave under the EU Settlement Scheme and if:

• your BRC is lost, stolen or damaged

• you have changed your name, nationality, facial appearance, date of birth, or gender

• you want to upgrade your BRC issued under the EEA regulations to a BRC issued under the EU Settlement Scheme

• you want to change from a pre-settled status BRC to a settled status BRC issued under the EU Settlement Scheme (you can only do this if you have been granted settled status under the EU Settlement Scheme)