EEA Route after brexit

[feezee]

Hello

I plan to get married in Thailand in May so after brexit date.
I am Polish and my future wife is Thai.
Yesterday I applied for ILR through EU Exit app and I was granted settled status.
After the wedding I plan to bring my wife to UK.
If I understand correctly EU Settlement Scheme would replace EEA Family Permit after 30 of March 2019.
I understand also that at the moment it is in test phase and available only to those married already, with EEA Family Permits and wanting to stay in UK.
But how will it work, especially after no deal brexit, for those married after Brexit who want to join spouse in UK?
All guidance on home office website explain only current situation for those who are already in UK and planning to stay in UK

Thank you

[kamoe]

Yesterday I applied for ILR through EU Exit app and I was granted settled status.

ILR and Settled Status are different things. ILR is for non-European migrants. If you used the EU Exit app, you applied for Settled Status, NOT for ILR.

If I understand correctly EU Settlement Scheme would replace EEA Family Permit after 30 of March 2019.

It will replace the EEA route, so all documents issued under the EEA route, including, but not limited to, EEA Family Permit (also Residence Cards, and Qualified Person Certifficate).

I understand also that at the moment it is in test phase and available only to those married already, with EEA Family Permits and wanting to stay in UK.

It is available to Eu citizens, and their family members who have a EEA Residence card (with chip on it). Being married or not has nothing to do with it (you can have a card and be unmarried partner).

But how will it work, especially after no deal brexit, for those married after Brexit who want to join spouse in UK?
All guidance on home office website explain only current situation for those who are already in UK and planning to stay in UK

As advised on https://www.gov.uk/settled-status-eu-ci ... n-to-apply

"If you will not have 5 years’ continuous residence by 30 June 2021
You will not be eligible for settled status before the deadline for the EU Settlement Scheme. However if you meet all the eligibility criteria, you’ll get pre-settled status if you apply anytime before 30 June 2021.

You can then change your pre-settled status to settled status as soon as you have 5 years’ continuous residence."

[mia777]

The Settled Status decision letter and the Immigration Rules Appendix EU both use the phrase indefinite leave to remain:

EU1. This Appendix sets out the basis on which an EU citizen and their family members, and the family members of a qualifying British citizen, will, if they apply under it, be granted indefinite leave to remain or limited leave to remain.

Is there any difference between the original ILR and this ILR via the Appendix EU once either is obtained?

The only outstanding issue I saw was when you lose ILR. It may be 5 years under the Settled Status scheme rather than 2 years but this needs to be decided by Parliament.

[feezee]

Thank you very much

Actually in the letter from Home Office it does say Indefinite Leave to Remain which is also referred as settled status.

[kamoe]

Is there any difference between the original ILR and this ILR via the Appendix EU once either is obtained?

The only outstanding issue I saw was when you lose ILR. It may be 5 years under the Settled Status scheme rather than 2 years but this needs to be decided by Parliament.

After you have obtained the status, in practical terms, I suppose the only difference is as you state (but someone correct us if we are wrong).

I think it is important to make the difference between the two, as applying for ILR is quite expensive and not at all the same procedure, or eligibility, than Settled Status. It can be confusing for other people if we call it the same, so I advise not to.

[kamoe]

Actually in the letter from Home Office it does say Indefinite Leave to Remain which is also referred as settled status.

How odd. We applied yesterday through the app as well, and it does not say Indefinite Leave to Remain anywhere. It says "EU Settlement Scheme" and "EU Settlement Status".

[feezee]

[kamoe]

Cool! Congratulations!

We have not received that yet, just the COA, which does not mention ILR. So it seems, yes, once granted, it's the same thing.

Again, I always make the distinction as the application process is different in the two cases (EU route, and Points Based System).