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EU settlement / ILR

Posted: Sat Aug 17, 2019 5:38 pm
by dzevel5
Hi all,

I wonder if Gov treat EU Settlement status exactly the same as ILR?

The reason I’m asking is that I’m filing other government documents and there is always a question if I’m PR or ILR, but EU settlement not mentioned.

On my settlement it’s says: “EU Settlement Scheme has been successful and that you have been granted Indefinite Leave in the United Kingdom“
So the certificate is EU settlement? ILR? Or it’s actually both??

I hope I’ve explained myself good enough

Thanks in advance

Re: EU settlement / ILR

Posted: Sat Aug 17, 2019 8:23 pm
by alterhase58
The Settled Status category has been implemented under UK Immigration Law Appendix EU to cover the post-Brexit period.
PR is under EU Regulations which will cease to exist after UK leaves the EU. ILR as it is called is for non-EU citizens under UK law.
Essentially though Settled Status and ILR are effectively the same thing as it gives you indefinite leave to remain in the UK.
I know there are some subtle differences but in principle they are the same - essentially giving you freedom from immigration controls.
NB. my PR decision from the 1980s also stated I had indefinite leave to remain.

Re: EU settlement / ILR

Posted: Sat Aug 17, 2019 9:13 pm
by dzevel5
Thanks for the clarification.

What should I tick in this case?
Have you been granted indefinite leave to enter, or remain, in the UK?(Required)
Answer 'No' if you do not have time restrictions on your stay for another reason. For example, you have a right of abode in the UK.
Sounds like I should tick the No, even though EU settled is like ILR
What do you think?

Re: EU settlement / ILR

Posted: Sat Aug 17, 2019 10:49 pm
by alterhase58
dzevel5 wrote:
Sat Aug 17, 2019 9:13 pm
Thanks for the clarification.

What should I tick in this case?
Have you been granted indefinite leave to enter, or remain, in the UK?(Required)
Answer 'No' if you do not have time restrictions on your stay for another reason. For example, you have a right of abode in the UK.
Sounds like I should tick the No, even though EU settled is like ILR
What do you think?
On the face of it it should be YES - because you have ILR.

Re: EU settlement / ILR

Posted: Sun Aug 18, 2019 12:01 am
by dzevel5
It’s tricky because it’s says also: “Answer 'No' if you do not have time restrictions on your stay for another reason. For example, you have a right of abode in the UK.”

Re: EU settlement / ILR

Posted: Sun Aug 18, 2019 3:46 am
by secret.simon
There are three ways you can be free of time restrictions on your stay in the UK.

a) ILR under the UK Immigration Rules, wither under Appendix EU or some other provision
b) PR under the EEA Regulations
c) Right of Abode (typically by descent or by residence in the UK before 1983)

Take a pick.

Re: EU settlement / ILR

Posted: Sun Aug 18, 2019 9:33 am
by dzevel5
Thanks but, I'm still confused confused what shell i tick, either Yes and No can be relevant here

Should I choose Yes because the EU Settlement is type of ILR?
Or I should choose No because EU Settlement allows me to stay here with no restrictions?

secret.simon - I believe it's (a), however I'd like to know how this is helping for the question above? now it's just sounds like my answer can be Yes or No :lol: