Immigrationboards.com

Good evening dear forum members and respected gurus!

I do apologise if this question was asked in the past, but I couldn't find it through the search engine on this forum.

With all Brexit situation, I'd like to switch from PR to ILR. I'm aware that they're technically the same statuses at the moment. But I'd like to insure myself against any possible "unexpected/unpleasant" changes to EEA/PR holders and move under UK immigration law.

For this purpose should I use SET (O) or (LR)?

I've been in the UK since 2003, I'm Russian citizen, and currently PR holder. I do not want to apply for a British passport due to own personal reason.

Thank you
Artur

You have 'settled status'. Any changes that happen post brexit are unlikely to be applied retrospectively to people already settled in the UK through the EU route.

What are you wanting to do doesn't make sense to be honest.

...no sense and not possible. You haven't followed the route to settlement under the UK Regulations and ILR isn't applicable.

I agree CR001, formally I've got 'settled status'.
But all this uncertainty with government's view on Europeans and their family members, makes me think of moving to ILR.
Where again I totally understand it doesn't make sense "moving from one settled status to another".
Just worried a bit

You can't just 'move' to ILR unfortunately, it doesn't work like that.

I see...

Back in the days (2013) when I was applying for RoR (after divorce), the solicitor that I was using advised me that I could apply for ILR using discretionary route. She was stating that prior "boarding" European train (let me call it this way ) I was legal and adding my ex-wife's treaty rights papers for the period we were married I could apply for ILR. But I decided not to go that way as it was a bit expensive and would have taken time to receive SAR from HO.

Do you think discretionary route back then would have helped?

There is no 'discretionary' route to ILR. You either qualify for it or you don't.

If you have been in the UK since 2003, then yes you could have applied for ILR based on 10 years long residence but as your solicitor advised, you would have required ALL the paperwork of your ex EU spouse and evidence of spouse exercising treaty rights and being a 'qualified person' for the WHOLE period that you relied on the EEA FM/RC route.

Even if you could 'switch/moved' to the ILR route now, you would STILL need ALL her paperwork for the whole period plus pay the substantial ILR fee (£1875 for postal or £2375 for in person appointment). Applying for British citizenship is cheaper.

Artur111 wrote:I see...

Back in the days (2013) when I was applying for RoR (after divorce), the solicitor that I was using advised me that I could apply for ILR using discretionary route. She was stating that prior "boarding" European train (let me call it this way ) I was legal and adding my ex-wife's treaty rights papers for the period we were married I could apply for ILR. But I decided not to go that way as it was a bit expensive and would have taken time to receive SAR from HO.

Do you think discretionary route back then would have helped?

No, because it was not guaranteed - it was discretionary.

You say now have settled status already so you are in a good place.

Thank you CR001, Casa and Noajthan for your replies,

I do have all the treaty rights' paperwork for my ex-wife for the whole period that I rely on - EEA FM/RC. I used those papers for my RoR and PR applications. So HO accepted that paperwork twice.

The only worry is the period in 2009-2010.

I had my student visa expiring on the 30th of June 2009. I applied for the extension on the same day.
While my student visa application was under consideration me and my ex-wife applied for the permission to marry in Oct 2009.
We received permission and got married in Feb 2010.
In May 2010 we applied for RC and I received it in Nov 2010.
My passport came a couple of days later after me receiving RC. The passport was sent along with the refusal of my student visa application. So all that period of 1.5 year my passport was with the HO. I didn't do anything about that refusal at that time as I thought I was given RC so therefore student visa was rejected as I wasn't allowed to have two leaves at the same time.

Six years later I'm still thinking if I was legal that period between 2009 and 2010.

Your valuable opinions will be much appreciated.
Kind regards
Artur

Artur111 wrote:Thank you CR001, Casa and Noajthan for your replies,

I do have all the treaty rights' paperwork for my ex-wife for the whole period that I rely on - EEA FM/RC. I used those papers for my RoR and PR applications. So HO accepted that paperwork twice.

The only worry is the period in 2009-2010.

I had my student visa expiring on the 30th of June 2009. I applied for the extension on the same day.
While my student visa application was under consideration me and my ex-wife applied for the permission to marry in Oct 2009.
We received permission and got married in Feb 2010.
In May 2010 we applied for RC and I received it in Nov 2010.
My passport came a couple of days later after me receiving RC. The passport was sent along with the refusal of my student visa application. So all that period of 1.5 year my passport was with the HO. I didn't do anything about that refusal at that time as I thought I was given RC so therefore student visa was rejected as I wasn't allowed to have two leaves at the same time.

Six years later I'm still thinking if I was legal that period between 2009 and 2010.

Your valuable opinions will be much appreciated.
Kind regards
Artur

Your domestic visa status will have continued until the decision was made if you applied in time (and you say you did).
Assuming sponsor was a qualified person at the time, as soon as you married in early 2010 you were covered by EU Regs so the later outcome of the visa application is immaterial.

The extension application only ran for 8 months until the full power and weight of the EU Directive launched you into an EU migration trajectory.

However I cannot see any advantage in making a 10 year LR application as you are settled already.
If you have ambitions for citizenship you could apply next year whilst UK is still safely enveloped in EU. Or apply sooner if you happen to have a British spouse. So ILR is unnecessary.

Thank you Noajthan for your thoughts,

Yes, my ex-wife was qualified person at the time of marriage (I do have all her self-employed paperwork for that period). So it means I had legal status over 2009-2010 due to two reasons - my application was with the HO and sent before my last visa had expired, and also my ex-wife was qualified at the time of marriage.

I will now consider whether to apply for ILR using SET (O) discretionary or wait for the government's actions in regards to residents like myself.

I don't understand how you believe it is possible to apply for 'settled status' at a substantial cost, when 'settled status' exactly what you already hold?

FYI - ILR based on long residence is Set(LR) and NOT Set(O).

I understand it is a substantial cost, but the current uncertainty worries me.

You said above that it is unlikely that the government will apply anything retrospectively, but again no one is 100% what will happen to EEA FM/RC/PR holders in the UK once Brexit mechanism will come in action.

Someone whom I know is submitting an ILR application this month just because she's not sure what to expect what current government in regards to non-Europeans who hold PR.

Artur111 wrote:I understand it is a substantial cost, but the current uncertainty worries me.

You said above that it is unlikely that the government will apply anything retrospectively, but again no one is 100% what will happen to EEA FM/RC/PR holders in the UK once Brexit mechanism will come in action.

Someone whom I know is submitting an ILR application this month just because she's not sure what to expect what current government in regards to non-Europeans who hold PR.

Its hard to see any advantage in making a 10 year LR application as you are settled already.

If you have ambitions for citizenship you could apply next year whilst UK is still safely enveloped in EU. Or apply sooner if you happen to have a British spouse. So ILR is unnecessary.

My 2 Euros...
focus your efforts and funds on naturalisation.

noajthan wrote:My 2 Euros...
focus your efforts and funds on naturalisation.

+1.

You should qualify for naturalisation (assuming you meet the other requirements, absence, etc) in a year's time, well before Michel Barnier's cutoff of October 2018 for the end of negotiations. So, you should be fine.

Stripping PR from people who have already acquired it will almost certainly require a full Act of Parliament post end-of-Brexit as any statutory instrument attempting to do so can be challenged on the basis of legitimate expectations. It is unlikely and also enough into the future for you to worry less about it.

But I commend you for thinking about the issue and attempting to plan for it on your own. Anxiety and worry do have their benefits.

Artur111 wrote:Good evening dear forum members and respected gurus!

I do apologise if this question was asked in the past, but I couldn't find it through the search engine on this forum.

With all Brexit situation, I'd like to switch from PR to ILR. I'm aware that they're technically the same statuses at the moment. But I'd like to insure myself against any possible "unexpected/unpleasant" changes to EEA/PR holders and move under UK immigration law.

For this purpose should I use SET (O) or (LR)?

I've been in the UK since 2003, I'm Russian citizen, and currently PR holder. I do not want to apply for a British passport due to own personal reason.

Thank you
Artur

Note in the opening post, Artur111 doesn't want to apply for BC due to personal reasons.

Casa wrote:

Artur111 wrote:...

I've been in the UK since 2003, I'm Russian citizen, and currently PR holder. I do not want to apply for a British passport due to own personal reason.

Thank you
Artur

Note in the opening post, Artur111 doesn't want to apply for BC due to personal reasons.

Good point. But he may still naturalise. The passport cherry on the cake is optional.

Thank you for all your inputs ladies and gentlemen,

In regards to naturalization (I'm completely clueless on this path), let's say I applied for naturalization and received the certificate (I assume HO send you some sort of a certificate which confirms your naturalization).

Can I just keep the certificate and not to apply for BC? Or does the certificate need to be redeemed in within specific period of time?

One of the reasons I don't want to apply for BC as I've already hold two citizenships. Obtaining third one (BC) will create certain amount of problems with one of them as I'm legally not allowed to have more than two.

Artur111 wrote:Thank you for all your inputs ladies and gentlemen,

In regards to naturalization (I'm completely clueless on this path), let's say I applied for naturalization and received the certificate (I assume HO send you some sort of a certificate which confirms your naturalization).

Can I just keep the certificate and not to apply for BC? Or does the certificate need to be redeemed in within specific period of time?

One of the reasons I don't want to apply for BC as I've already hold two citizenships. Obtaining third one (BC) will create certain amount of problems with one of them as I'm legally not allowed to have more than two.

The certificate confirms you have been naturalised by attending the oath/pledge ceremony and are thus a British citizen.

It is the British passport (a travel document) that is then optional.

The certificate itself means that you have acquired British citizenship.

The passport is optional.

It is called dual citizenship, but in reality, it is invariably multiple nationalities. It would be very unusual for a country to attempt to cap the number of foreign nationalities at one. If you are OK with it, can you provide me with the names of the two nationalities (purely for the purpose of research)?

If you have got the certificate (i.e have become a British citizen), you can apply for a CoE-RoA sticker in your foreign passport, which allows you to enter, reside and exit the UK on a permanent basis, but which does not state that you are a British citizen. That is considered acceptable by some countries who do not allow dual citizenship (such as India for children born with dual British-Indian citizenship).

Just to clarify the process, you would first be notified that your BC application has been approved.

The designated Council would then invite you to attend your Citizenship ceremony (with 90 days).

At the ceremony you would be presented with your Citizenship certificate, confirming you are now a BC.

If you fail to attend your ceremony within the specified time, your BC approval would be cancelled.

I can only PM this info Simon.

Thank you Casa and Noajthan for your explanations of the process.

I'm now leaning towards the decision of sitting and seeing what will happen further to PR holders.