Immigrationboards.com

Hi all,

I just found this forum which is very useful for expats!

I moved to the UK in March 2019 on EEA visa with my EU spouse. Right after arrival, we both applied to EU settlement scheme and my wife and I ot pre-settle status, eventuallly I also received EU settlement scheme residence card.

My question is, should I also apply or can I also apply to EEA residence permit? I am afraid that EU settlement scheme is only under British law and I might loose some privillage if I dont hold EEA residence permit.(i.e in case of seperation/ROR etc.) Being only under British law only might resrict some right moving forward? Also my wife did not apply to EU QP too, she only applied to EU settlement scheme.

What would you advice on this?

thank you in advance

letmeask wrote: ↑

Mon Sep 02, 2019 7:43 pm

My question is, should I also apply or can I also apply to EEA residence permit?

You can, but you do not necessarily have to.

I am afraid that EU settlement scheme is only under British law and I might loose some privillage if I dont hold EEA residence permit.(i.e in case of seperation/ROR etc.) Being only under British law only might resrict some right moving forward?

A comprehensive comparison of both routes is available in this post.

Also my wife did not apply to EU QP too, she only applied to EU settlement scheme.

You can apply for the EEA RC even if she does not apply for QP. She cna also apply for QP is she wants, but, again, she doesn't have to.

kamoe wrote: ↑

Tue Sep 03, 2019 10:23 am

letmeask wrote: ↑

Mon Sep 02, 2019 7:43 pm

My question is, should I also apply or can I also apply to EEA residence permit?

You can, but you do not necessarily have to.

I am afraid that EU settlement scheme is only under British law and I might loose some privillage if I dont hold EEA residence permit.(i.e in case of seperation/ROR etc.) Being only under British law only might resrict some right moving forward?

A comprehensive comparison of both routes is available in this post.

Also my wife did not apply to EU QP too, she only applied to EU settlement scheme.

You can apply for the EEA RC even if she does not apply for QP. She cna also apply for QP is she wants, but, again, she doesn't have to.

Thank you but it is just general comparison...

What I am currious is that with pre-settled status, the person will be only under the UK immigration rules which can be restricted easly moving forward, especially for family members. I.e. Before there was no revoking option for pre-settle status holders in case of seperation, but they says that in September 2019 rules have changed and now there is no retained right route in pre-settle status for family members and in case of seperation, it is revoked right away. See this post [/quote]

Home Office recently updated it's policy .. you can read more in here ..

" The rules also provide for the cancellation of leave where the applicant no longer meets the requirements of Appendix EU. Pre-settled status granted under these Rules is in no means a guaranteed route to settlement, it is now not guaranteed a person can retain pre-settled status to acquire the opportunity to apply for settled status. For example, a family member may cease to be a family member during the pre-settled status grant but cannot in any other way retain their status, they would find their leave cancelled and will need to investigate other routes to acquiring leave under the Rules or apply on human rights grounds to remain in the UK "

https://www.freemovement.org.uk/welcome ... -analysis/

https://www.gov.uk/government/publicati ... ember-2019
[/quote]
Beicase it is under UK law and it was the one of reason that UK wants to leave EU so they can make it worse in the future if somebody has only pre-settle status.

That is why I am asking is it also worth to appy and get EEA residency/qualified person status? It can be negotiated differently with EU so those people who holds EEA status might have more stronger status in the future rather than the people who only holds pre-settled/settled.

Can anyone advise? What are your thoughts?

Is it worth to hold Qualified person status for EU member and EEA residency status for non-EU spouse? As having only settled/pre-settled status can be restricted any time by UK? Who holds EEA residency can have more rights moving forward i.e. retained rights route appears in EEA route but removed in settlement route.

letmeask wrote: ↑

Sun Sep 22, 2019 6:42 pm

That is why I am asking is it also worth to appy and get EEA residency/qualified person status?

Generally speaking, and from a purely personal point of view, I believe there is no harm in having the EEA documents as well (RC, QP, PR), simply because it's always backup, for now, and these are not that expensive and nowadays don't take that long to issue.

Now... no one can tall how Brexit will unfold, so it is really up to you to judge if you want to do it. A year ago I would have said to anyone 100% go for it, as worst-case scenario you'll still have a good year of valid documents. But in September 2019, Brexit looming soon now, it's less clear cut: A bit more subjective, a bit of a gamble of possibilities. These documents could be useful in case of a delayed Brexit of more than 6 months, or they might become obsolete very soon if Brexit does happen this year, for example. Up to you, really.

kamoe wrote: ↑

Sun Sep 22, 2019 6:55 pm

letmeask wrote: ↑

Sun Sep 22, 2019 6:42 pm

That is why I am asking is it also worth to appy and get EEA residency/qualified person status?

Generally speaking, and from a purely personal point of view, I believe there is no harm in having the EEA documents as well (RC, QP, PR), simply because it's always backup, for now, and these are not that expensive and nowadays don't take that long to issue.

Now... no one can tall how Brexit will unfold, so it is really up to you to judge if you want to do it. A year ago I would have said to anyone 100% go for it, as worst-case scenario you'll still have a good year of valid documents. But in September 2019, Brexit looming soon now, it's less clear cut: A bit more subjective, a bit of a gamble of possibilities. These documents could be useful in case of a delayed Brexit of more than 6 months, or they might become obsolete very soon if Brexit does happen this year, for example. Up to you, really.

Hi, if Brexit comes in October as - sort of - planned what will happen with the right to use EEA RC to travel visa free to the rest of Europe? Is it somewhere described (I assume for deal Brexit)? Somehow I'm hoping that it can be valid for another year (till 31/12/20) or valid through cards' validity. Do you know the details?

I have two questions concerning the non-EEA family members of EEA citizens (permanently settled):

• I read that the application for RC (pre-settled) under EUSS is online+post and biometric enrollment. Will it be necessary to post the passport or they will just scan it during the biometric enrollment? As I understand, the family member would get a BRP rather than a sticker in the passport.

• A lot of people here apply for EEA(FM) and later will probably apply for EUSS pre-settled status. I saw there is a service to simply exchange the card, converting to the EUSS route. However, has anyone tried doing it backwards: first apply for the pre-settled status and then EEA(FM)?

I am asking because we plan to travel and, looking at the timelines in this forum, EEA(FM) can take month or sometimes even a few. We don't want the passport to be taken for months. EUSS route seems to be simpler and quicker, but EEA(FM) benfits would be useful and it's something we can apply for later. So, we are just thinking about options.

letmeask wrote: ↑

Sun Sep 22, 2019 6:42 pm

I am afraid that EU settlement scheme is only under British law and I might loose some privillage if I dont hold EEA residence permit.(i.e in case of seperation/ROR etc.) Being only under British law only might resrict some right moving forward?


Home Office recently updated it's policy .. you can read more in here ..

" The rules also provide for the cancellation of leave where the applicant no longer meets the requirements of Appendix EU

Plenty of people in this forum complained that their EEA RC got revoked for various reason including Permanent Residency . So it does not matter EEA RC / EEA PR / EU Settled / EU Presetted nothing is 100% safe. Home Office can cancel any Residence card issued under EU or UK Law. Only British Citizenship is extreamly hard to revoke

My friend got his EEA RC cancelled at the airport because he couldn't answer where his wife is that was after his seperation . It took for him 3 years to get that RC back after few appeal and court hearing

iwolga wrote: ↑

Mon Sep 23, 2019 8:53 am

Hi, if Brexit comes in October as - sort of - planned what will happen with the right to use EEA RC to travel visa free to the rest of Europe? Is it somewhere described (I assume for deal Brexit)? Somehow I'm hoping that it can be valid for another year (till 31/12/20) or valid through cards' validity. Do you know the details?

In the event of no deal, EEA documents will likely cease to have any validity outside of the UK, with immediate effect.

In the event of a deal, then yes, this pretty much depend on the specifics of that deal itself.

I'm sure you realize that since May's deal was rejected by parliament, and anything remotely resembling a Johnson's deal does not yet exist, no one can possibly have any details to share as of today.