Immigrationboards.com

Hi,

I am a New Zealand citizen and am currently on a Tier 5 visa which comes to an end in mid October. I'm currently living with my partner who is a EU national (Czech Republic) who has acquired a pre-settled status - she has been in the UK for almost 3.5 years.

We have been in a relationship for 3 years and have lived together in the same dwelling for over 2 years.

Based on the information available to us we decided to apply for the EU Settlement Scheme (we were considering the EEA EFM visa option but we found that it has been replaced by the EU Settlement Scheme).

The case officer assigned to review our application has asked for our marriage certificate (even though we applied on the basis that me and my partner are in a durable relationship). I called the Home Office and they directed me to the following link and suggested that I make sure I have the relevant evidence: https://www.gov.uk/guidance/eu-settleme ... eu-citizen

Questions:
1) Is it correct to state that the EU Settlement Scheme has replaced the EEA EFM visa application?
2) I received a Certificate of Application and I've been told that I can stay in the UK and not be marked as an over stayer until this application is in progress. Am I still allowed to work? How do I prove this to my employer?
3) I do not have a Family Permit or a Residence card, did we correctly apply for the EU Settlement Scheme or should we have only applied for this once we have the permit/residence card?
4) How do we obtain the permit/card if we can't apply for EEA EFM from UK?

Thanks for your help in advance!

Jolz369 wrote: ↑

Thu Oct 03, 2019 11:25 pm

Hi,

I am a New Zealand citizen and am currently on a Tier 5 visa which comes to an end in mid October. I'm currently living with my partner who is a EU national (Czech Republic) who has acquired a pre-settled status - she has been in the UK for almost 3.5 years.

We have been in a relationship for 3 years and have lived together in the same dwelling for over 2 years.

Based on the information available to us we decided to apply for the EU Settlement Scheme (we were considering the EEA EFM visa option but we found that it has been replaced by the EU Settlement Scheme).

You are not eligible to apply for the settlement scheme as an unmarried partner if you do not already have an EEA document as their unmarried partner (see documents to supply):

If you’re their unmarried (durable) partner
You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EU citizen.

A relevant document here includes:

a family permit
a residence card

As such, the only route available to you is the EEA Residence Card or Family Permit first, then the Settlement Scheme.

The case officer assigned to review our application has asked for our marriage certificate (even though we applied on the basis that me and my partner are in a durable relationship). I called the Home Office and they directed me to the following link and suggested that I make sure I have the relevant evidence: https://www.gov.uk/guidance/eu-settleme ... eu-citizen

Which is what I highlighted above. The HO message is code for "you are not eligible if you do not already have an EEA Residence Card". Instead of confusing you going round in circles, they should have directly advised yo uto apply for a EEA document!!!!

Questions:
1) Is it correct to state that the EU Settlement Scheme has replaced the EEA EFM visa application?

No, since the UK has not yet left the EU, and the EEA EFM Residence Card (it's not a visa) is still available: https://www.gov.uk/apply-for-a-uk-residence-card

2) I received a Certificate of Application and I've been told that I can stay in the UK and not be marked as an over stayer until this application is in progress. Am I still allowed to work? How do I prove this to my employer?

Since your application for the Settlement Scheme will not be successful, you will need to apply for EEA documentation instead, and that CoA will NOT protect you from an overstayer status.

3) I do not have a Family Permit or a Residence card, did we correctly apply for the EU Settlement Scheme or should we have only applied for this once we have the permit/residence card?

As explained above, you should only apply once you have an EEA document.

4) How do we obtain the permit/card if we can't apply for EEA EFM from UK?

You can still apply for an EEA Residence Card from within the UK as of now as shown in first link above. But since you might need to leave the UK to avoid an overstayer status, you could apply for a EEA Family Permit, which is a 6-month entry permit which will allow you back in, and which will allow you to apply for the Settlement Scheme. BUT Brexit timeline pending, EEA documentation applications might cease to be available soon, so the soonest you do this the better.

Thank you so much for your response - it was really helpful.

I'm looking to apply for the EEA Family Permit.

I've reached out to the Home Office to see if I can leave the UK and apply for the permit from Europe while the EU Settlement Scheme application is in progress (or if it can be placed on hold while I get the permit). They couldn't provide an answer over the phone and they've told me that they will reach out to me with a response (no time frame provided).

• Do you by any chance know if this is possible? I.e. Apply for EEA Family Permit while the EU Settlement Scheme application is still pending.

• Also, what sort of time frame does the EEA Family Permit normally take? I've been told this could take up 2 weeks

Jolz369 wrote: ↑

Tue Oct 08, 2019 11:05 pm

• Do you by any chance know if this is possible? I.e. Apply for EEA Family Permit while the EU Settlement Scheme application is still pending.

Yes, no conflicts there.

The EEA family permit is issued under EU regulations, while the Settlement Scheme is issued under UK law. You can have -and apply to- two documents, one under each regulation, concurrently without them being mutually exclusive. What you cannot do is apply and have two documents both under UK law (e.g. a Tier 4 student visa and a Tier 2 work visa at the same time, or a Tier 2, or 4, and Settled Status at the same time).

• Also, what sort of time frame does the EEA Family Permit normally take? I've been told this could take up 2 weeks

It entirely depends on the country you apply. They are usually treated in priority. I got mine in Colombia within 3 working days.

Kamoe - would just like to thank you for your assistance on this post - it was more valuable than you can imagine.

I just got back into the UK with my EEA Family Permit - the process from application to biometrics to receiving my passport took 5 weeks. This is partly due to the 3rd Party company (TLSContact) only having their offices in Prague open on Wednesday's to perform biometrics.

I have contacted the EU Settlement Scheme and they informed me to upload my EEA Family Permit to the application and the case officers will review my application.

Waiting game yet again but at least I am back in the UK, can work and should have all that's required for our application to be successful (fingers crossed!).

Wonderful news. Glad it worked out. Hope the rest is as smooth and also works out.