EU SETTLEMENT SCHEME: Eligible for Settled Status. Pre-Settled Status Offered. Pre-Settled Status Turned Down By Me.

[oraake]

Hello All,

I am a Non EU Family member of an EU National and have been married for 11 years.

Below is my experience with this settlement scheme

EEA PR refused 2ce (2014 & 2016)
EU Settlement Scheme Applied (Eligible for Settled Status) : MARCH 30th 2019
Biometric Done: 29th May 2019
COA: 11th June 2019
HO Email Requesting EU Nationals I.D and Proof Of Residence: 14th June 2019
Email Replied to :14th June 2019
HO Call to Offer Pre-Settled Status Because EU National is yet to Apply for Settled Status: 18th June 2019
Offer Of Pre-Settled Status Turned down by Me : 18th June 2019

I was wondering if anyone has ever turned down an offer of Pre-Settled Status and eventually granted status due to them?

Thank you

[secret.simon]

EEA PR refused 2ce (2014 & 2016)

Do expand on the above. Why was PR refused twice before?

Were both you and the EU national resident in the UK continuously for any five continuous years? Were you asked to submit proof of residency by the Home Office before? What reasons were given for refusing you Settled Status?

[CR001]

EEA PR refused 2ce (2014 & 2016)

Do expand on the above. Why was PR refused twice before?

Were both you and the EU national resident in the UK continuously for any five continuous years? Were you asked to submit proof of residency by the Home Office before? What reasons were given for refusing you Settled Status?

eea-route-applications/pr-appeal-appeal ... l#p1288489

eea-route-applications/pr-appeal-dismis ... l#p1290587

eea-route-applications/change-from-eu-l ... l#p1288973

[Punguru82]

@Oraake - Yeah you can reject the offer with only 2 options;

1- submit/attach fresh evidence of missing gap ( Bank statements or HMRevenue History of employment) if you think do qualify for settled status
2- Wait until qualify period is reached and file another settled status application considering that your current status still valid to live as qualified person with your non EU resident card. There is no short cut am afraid. Someone I know has done option 1 and was successful

[Kmoney1]

Can you explain what year did you and your wife came to the UK.

[CR001]

Can you explain what year did you and your wife came to the UK.

Read through the 3 topic links belonging to the user that I have already posted above, it contains all the information!!

[oraake]

Can you explain what year did you and your wife came to the UK.

I came into the UK as a student in 2004
My Wife came into the UK in 2008

[oraake]

@Oraake - Yeah you can reject the offer with only 2 options;

1- submit/attach fresh evidence of missing gap ( Bank statements or HMRevenue History of employment) if you think do qualify for settled status
2- Wait until qualify period is reached and file another settled status application considering that your current status still valid to live as qualified person with your non EU resident card. There is no short cut am afraid. Someone I know has done option 1 and was successful

There are no gaps.
7 years proof of residence of myself and my wife submitted.
Marriage Certificate submitted.
Proof of I.D for both of us submitted.
Married for 11 years
Been resident in the country for 15 years
Wife been resident in the country for 11 years
I applied online and completed the eligibility questionnaire and I am qualified for SETTLED STATUS.

HO said they offered the PRE-SETTLED STATUS because my wife is yet to apply for her SETTLED STATUS (as if that's a reason !!!)

[oraake]

EEA PR refused 2ce (2014 & 2016)

Do expand on the above. Why was PR refused twice before?

HO used earning threshold in that determination. This they shouldn't have done. Earning threshold for EEA Nationals was introduced in 2014. My 5 year period ran from 2008 to 2013. I appealed it and at the hearing the judge pointed out that I need to re-apply and make sure I submit all documentation from my wife's PAYE and Self Employment. I did that but HO refused it again saying it was refused in 2014 and so I shouldn't have re-applied !!!

Were both you and the EU national resident in the UK continuously for any five continuous years? Were you asked to submit proof of residency by the Home Office before? What reasons were given for refusing you Settled Status?

I have been resident in the UK for 15 years
Married to my French Wife for 11 years
My wife has been resident in the UK for 11 years
Proof Of My I.D and My wife's submitted
Proof Of Our Residency for 7 YEARS submitted.

HO offered Pre- Settled Status because my wife has not applied for Settled Status yet !!!!
I refused the offer citing that as far as I know that is not a criteria for not granting Settled Status

[ephi]

Your situtation seems absolutely annoying. They also screwed up in my application. I wish you good luck mate. Keep us posted.

[oraake]

I don't believe this !!!!!!
The incompetence and ineptitude at the HO (regarding the EU Settlement Scheme) is on another level !!!!

I spoke with the EU Settlement scheme contact centre and after she read the notes on my account she told me that the reason I was offered the PS is because I came into the country in 2015 which is very very untrue.

This is after all the documents showing the date of our marriage (2008) ....in the UK
Documents showing our residency since 2012
And my initial RC dated 2010

I was then put on hold (for a very long time) as she went over all my submitted documents, only to be told what I already know.....that I am right.
The agent said she really doesn't know why the notes stated I arrived in the UK in 2015 nor why I was told that PS is being offered to me because my wife hasn't applied for her SS .

Again, I was put on hold as she agent spoke with the QUALITY TEAM. When she came back, she said as she wanted to leave notes on my account, a case worker had left notes on the account stating that all what I was told (offer of PS) and the notes that said i arrived in the country were wrong and I am actually due SS and that the matter has been escalated to a senior case worker.

So.....this is where I'm at.

Hopefully it'll get sorted sooner than later.

I'll keep you all posted.

[Kings1022osas]

I don't believe this !!!!!!
The incompetence and ineptitude at the HO (regarding the EU Settlement Scheme) is on another level !!!!

I spoke with the EU Settlement scheme contact centre and after she read the notes on my account she told me that the reason I was offered the PS is because I came into the country in 2015 which is very very untrue.

This is after all the documents showing the date of our marriage (2008) ....in the UK
Documents showing our residency since 2012
And my initial RC dated 2010

I was then put on hold (for a very long time) as she went over all my submitted documents, only to be told what I already know.....that I am right.
The agent said she really doesn't know why the notes stated I arrived in the UK in 2015 nor why I was told that PS is being offered to me because my wife hasn't applied for her Surinder Singh route .

Again, I was put on hold as she agent spoke with the QUALITY TEAM. When she came back, she said as she wanted to leave notes on my account, a case worker had left notes on the account stating that all what I was told (offer of PS) and the notes that said i arrived in the country were wrong and I am actually due Surinder Singh route and that the matter has been escalated to a senior case worker.

So.....this is where I'm at.

Hopefully it'll get sorted sooner than later.

I'll keep you all posted.

Hello, any further updates on your case? I have just declined mine as well and waiting to hear from HO

[oraake]

My immigration history/timeline

- Arrived the UK, a Non EU National, in 2004 as a Post graduate Student
- Married my wife, a French national, in 2008.
- Applied for Residence Card in September 2008
- Residence Card granted in January 2010
- Applied for PR in 2014. PR Refused
- Appealed in 2015. Appeal lost (citing lack of documentary evidence).
- Re-applied for PR in 2016 (as Immigration Judge from 2015 appeal advised me to).
- PR Application Refused again in 2016 (HO cited the same refusal reasons from 2015).
- Applied for LEAVE TO REMAIN as a parent of British Citizens (children) in 2017.
- HO requested proof that I am in my children’s lives in August 2019
- Proofs sent but was delayed in post due to August Bank Holiday so arrived late to case worker.
- Application as parent of British Citizen refused in August 2019.
- Applied under the EU Settlement scheme on March 2019 whilst waiting for the outcome of
application for LEAVE TO REMAIN as parent of British Child.

-Biometric for EU Settlement Scheme done May 2019.
- COA Received June 2017.
- HO Requested wife’s I.D & proof of residence on 14th June 2019.
- Wife’s I.D and proof of Residence sent to HO on 14th June 2019.
- HO called and offered me Pre-Settled Status on 18th June 2019.
- HO Offer of Pre-Settled Status Refused by me on 18th June 2019.
- EU Settlement Scheme Status Outcome – Settled Status Granted 10th September 2019.
- Card received in the post 20th September 2019


I know each application is different but to those weary, apprehensive and confused, I implore you to stay strong. Pray, cross all your T’s, dot all your I’s and leave the rest and it’ll surely happen for you.

Goodluck and Godspeed