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Regarding EU settlement scheme application

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AsiCoban
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Joined: Sat Aug 15, 2020 1:29 pm
Turkey

Regarding EU settlement scheme application

Post by AsiCoban » Sat Aug 15, 2020 1:37 pm

Dear members,

I need help on my current situation in UK.

I came to UK with EEA family permit my wife is Bulgarian. I came to UK August 2017 since then never made any application nor left the UK.

Under EEA regulations. Since i came here i was working part time and full time. But i want to visit my mum in Turkey now she is in Hospital so i don't want to have problem with returning to the UK. Should i apply pre-settlement or eu settlement scheme. I have NINO and all i can prove i was working all this time period.

I really need your help my this is very important to me i need your help.

Could you please en-light me regarding this once i do application and provide everything do you think might any problem ?

Thanks

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Regarding EU settlement scheme application

Post by vinny » Sat Aug 15, 2020 2:11 pm

Pre-settled status.
What you were doing may not matter. They may be more interested in what your wife was doing.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

AsiCoban
Newly Registered
Posts: 4
Joined: Sat Aug 15, 2020 1:29 pm
Turkey

Re: Regarding EU settlement scheme application

Post by AsiCoban » Sat Aug 15, 2020 4:58 pm

vinny wrote:
Sat Aug 15, 2020 2:11 pm
Pre-settled status.
What you were doing may not matter. They may be more interested in what your wife was doing.
Hi Vinny

Thank you so much for your time and response. My wife was sick and she went back to Bulgaria she is stayed only 8 month in the UK so once she left i continued staying. I am married almost 11 years already with her.

I will add her NINO passport and ID card to the application.

So do you think is it ok to do application ?

What documents i need to provide ? https://www.gov.uk/settled-status-eu-citizens-families document list is not available in there

Thanks in advance

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Zerubbabel
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Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: Regarding EU settlement scheme application

Post by Zerubbabel » Sat Aug 15, 2020 6:25 pm

Hello

I am sorry to be the bearer of a bad news. But from what you are describing here, you are present illegally in the UK.

You somehow stayed under the radar. Having a job and a National Insurance Number don't make you legal in the UK.

An application under EEA route would automatically fail.

Your presence in the UK is conditional to your wife being in the UK as an EEA national. As she just brought you in then left, you lost all rights when she left the UK.

I know at least a couple of people who stayed in the UK after the departure of their sponsor and, despite holding an EEA card, they have no right to stay in the UK.

AsiCoban
Newly Registered
Posts: 4
Joined: Sat Aug 15, 2020 1:29 pm
Turkey

Re: Regarding EU settlement scheme application

Post by AsiCoban » Tue Aug 18, 2020 6:15 am

Zerubbabel wrote:
Sat Aug 15, 2020 6:25 pm
Hello

I am sorry to be the bearer of a bad news. But from what you are describing here, you are present illegally in the UK.

You somehow stayed under the radar. Having a job and a National Insurance Number don't make you legal in the UK.

An application under EEA route would automatically fail.

Your presence in the UK is conditional to your wife being in the UK as an EEA national. As she just brought you in then left, you lost all rights when she left the UK.

I know at least a couple of people who stayed in the UK after the departure of their sponsor and, despite holding an EEA card, they have no right to stay in the UK.
Thanks Zerubbabel,

What should i do in this case could you help me i did not know that my wife went because of health issues. So what should i do now is there any chance to grant the visa ?

AsiCoban
Newly Registered
Posts: 4
Joined: Sat Aug 15, 2020 1:29 pm
Turkey

Re: Regarding EU settlement scheme application

Post by AsiCoban » Tue Aug 18, 2020 8:53 am

AsiCoban wrote:
Tue Aug 18, 2020 6:15 am
Zerubbabel wrote:
Sat Aug 15, 2020 6:25 pm
Hello

I am sorry to be the bearer of a bad news. But from what you are describing here, you are present illegally in the UK.

You somehow stayed under the radar. Having a job and a National Insurance Number don't make you legal in the UK.

An application under EEA route would automatically fail.

Your presence in the UK is conditional to your wife being in the UK as an EEA national. As she just brought you in then left, you lost all rights when she left the UK.

I know at least a couple of people who stayed in the UK after the departure of their sponsor and, despite holding an EEA card, they have no right to stay in the UK.
Thanks Zerubbabel,

What should i do in this case could you help me i did not know that my wife went because of health issues. So what should i do now is there any chance to grant the visa ?

Is there any chance if she comes back could you please help me ?

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Zerubbabel
Respected Guru
Posts: 2519
Joined: Fri Jul 06, 2018 8:13 am
Mood:
United Kingdom

Re: Regarding EU settlement scheme application

Post by Zerubbabel » Tue Aug 18, 2020 12:02 pm

Hello

Sorry, I didn't see your response before.

The law doesn't consider why the EEA national left the UK. You don't have the right to live and work on your own right. You have been granted a permit in the UK only because you were coming with an EEA national. So to avoid separating EEA nationals from their spouse, the Home Office give them a residence permit under EEA route. But you don't get it under your own right but because your wife wanted to live in the UK.

As your wife left the UK, your right under the EEA route is no longer there. You are just lucky, at the moment your employer, landlord, bank... are not questioning your status but it may come at any time and cause you to lose everything.

Your viable option is to join your wife in her country or get her to come back to the UK. Otherwise, you are really wasting your time in the UK and sooner or later your immigration status will get you into trouble.

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