ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Settled status period Counting HOW????

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

Locked
raz2
Newbie
Posts: 33
Joined: Wed Feb 01, 2017 1:17 pm

Settled status period Counting HOW????

Post by raz2 » Tue Aug 04, 2020 10:25 pm

Hi Guys , hope you all well
I am trying to find answer one of the question , if some one knew about the case law COA reference please share , new ruling, counting the settled status period from when the HO issued you a document / residence card and should completed 5 years after words on pre-settled status.

I have pre-settled status as an EU EFM ( Extended Family member )on behalf of my brother. i have applied for residence card in 2015 but first instead ,home office refused, fortunately at first hearing in FTT judge allowed my appeal, but due to SALA (No right of appeal EFM) the case went further challenged by HO and remained stayed in the COA. In JUne 2019 HO offer to withdraw the case and signed the consent order after that HO issue the residence documents. Later i applied for settle status but they gave me pre-settled status HO counting the period from the date when issued the documents which is June 2019,MY thinking on that should have to count the period when from the HO admitted as me an EU EFM, because the HO signed the consent order in which HO said new decision will be made in the light of FTT findings ( which is allowed my appeal in sep 2016) so in that why the accepted me as an EFM member from that period .

knew about the COA has the case law on EU EFM the period will count ,for settled status from the date when the HO admitted / issued the documents/ residence card, and completed the 5 years after words.
At this forum any expert who knows about the case law on this, please share the link or case reference, that would be great help to find out the right direction , either will go for JR or just stop legal fight.

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Settled status period Counting HOW????

Post by secret.simon » Wed Aug 05, 2020 10:20 am

I'm not a lawyer, but I think the case law that you may be looking for is Macastena vs SSHD, which essentially ruled that a court can't determine whether a person is an EFM, only the Home Office can. What the Court can do is to ask the Home Office to look again at the case, with any requisite legal clarifications in the judgment.

I think that the Home Office's approach is correct.

The consent order that the Home Office signed was likely one stating that they will reconsider the case. But your stay only became legal when you were issued a Residence Card by the Home Office. So it is quite correct that your pre-settled status was backdated to the date of the Residence Card, not the date of the consent order, which was just an undertaking by the Home Office to the Court to reconsider your application.

I'll cc @Obie into this thread as he is more aware of case law than I am.

As an aside, be aware that you will be able to apply for British citizenship only 10 years after the date of your Residence Card, which is the date your legal stay in the UK started.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Settled status period Counting HOW????

Post by Obie » Wed Aug 05, 2020 10:40 am

I think there has been successive changes in the appeal procedure.

The caselaw you cited inducates that until a residence permit is issued, time does not start to accrue.

The Tribunal can exercise it discretion differently from the Home Office and rule that a person is entitled to a residence card.

However, the effect in relation to residence does not start until after a residence card is issued.
Smooth seas do not make skilful sailors

Locked
cron