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Settled status and Biometric card for Spouse of EEA National

Posted: Wed Jul 31, 2019 10:23 am
by ssoussan44
Hi.
I am Canadian, living in London since 2012. I got married to my EEA national (Italian) husband in June 2014. I then got my residence document on my passport, which is a Definite leave to remain for 5 years. Now with the settled status after Brexit, I am applying for this status which requires me to have a biometric card to verify my identity etc.

My residence permit of 5 years is valid until Sept 2nd 2019.

I am not in the process of applying for my settled status. Because I do not have a biometric card (never requested it in the past) and I am non EU, I cannot use the App on the Android phone but will have to do it via the online form on the gov website.

This is what I am doing, and I have started my application and have booked an appointment on the 16th of August to get my biometric card.

Now, my question is the following: On my biometric card appointment on the 16th of August, what exactly will happen that day and will I be able to secure the settled status then and wait for my card, or will I have to wait for both.

I will have 2 weeks between that appointment and the expiry of my residence document and I am worried that if I dont get the status, Id have to leave the country and avoid overstaying.

Or am I overthinking the whole thing and I am already settled as I already started the application online and it is just a formality?

Thank you in advanced for your help.

S.

Re: Settled status and Biometric card for Spouse of EEA National

Posted: Wed Jul 31, 2019 5:50 pm
by kamoe
ssoussan44 wrote:
Wed Jul 31, 2019 10:23 am
I will have 2 weeks between that appointment and the expiry of my residence document and I am worried that if I dont get the status, Id have to leave the country and avoid overstaying.
Since you are married to a EU national, you are not an overstayer, as long as your husband is a qualified person (i.e. is exercising treaty rights). People who are legally married to EU nationals are direct family members of EU nationals, and direct family members have automatic rights as long as the UK is in the EU, no need to have a card for it. (The card is just a document to facilitate your life, but it's not a legal requirement pre-Brexit.)
Or am I overthinking the whole thing and I am already settled as I already started the application online and it is just a formality?
You will have your status when the card comes, but again, in the meantime, you are not an over stayer.