Immigrationboards.com

Hi!

I have a question about Brexit and pre-settled status, I hope I chose the correct section. I am a European citizen from Latvia. I was originally planning to move to the UK in 2020 to complete my studies and possibly find a job after I finish my studies, but seeing that no-Brexit deal seems very likely now I am considering moving to the UK this month.

On gov.uk website it says:

If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal).

If you could help me clarify a few things, I would really appreciate it:

*If I arrive in the UK on 25th October(assuming no-deal Brexit happens on 31st October) and I rent a flat, open a bank account and have a phone contract from Vodafone or some other carrier, is that enough proof for my arrival or do I need to live certain amount of months to qualify for pre-settled status?

*Pre-settled status is granted for 5 years, from what I understand, if I live in the UK for 5 years with my pre-sttled status, I can then apply for "settled status" afterwards?

Thanks!

Kendriy wrote: ↑

Thu Oct 10, 2019 1:18 am

If I arrive in the UK on 25th October(assuming no-deal Brexit happens on 31st October) and I rent a flat, open a bank account and have a phone contract from Vodafone or some other carrier, is that enough proof for my arrival or do I need to live certain amount of months to qualify for pre-settled status?

That will be enough, no specific length required.

*Pre-settled status is granted for 5 years, from what I understand, if I live in the UK for 5 years with my pre-sttled status, I can then apply for "settled status" afterwards?

Yes, you can appliy for Settled status in 5 years' time.

Thank you!

I used my boarding card as proof my son and I arrived in the UK and they accepted it.

*If I arrive in the UK on 25th October(assuming no-deal Brexit happens on 31st October) and I rent a flat, open a bank account and have a phone contract from Vodafone or some other carrier, is that enough proof for my arrival or do I need to live certain amount of months to qualify for pre-settled status?

I am an EEA national. Imagine I go tomorrow to France, rent a flat, get a landline, a broadband, open a bank account in a local branch...

Does it show I was in France during that time? Yes. There is a paper trail to demonstrate it.

Does it prove I was exercising Treaty Rights and actively trying to settle in France? No.

Renting a flat or opening a bank account doesn't fund the Treaty Rights. I was in Ireland the other day and I have a receipt for groceries and fuel. These are private transactions similar to renting a flat, and don't mean anything by themselves.

Read this document, it shows how to the UK Government tests if someone is exercising Treaty Right:

https://assets.publishing.service.gov.u ... Policy.pdf

The document itself is about children born in the UK to EEA nationals. They explain how to tell if the EEA national is exercising Treaty Rights (As opposed to an EEA national who just happened to visit the country).

As an EEA national, it's not because you happen to be in the UK at one point that you can demonstrate you were effectively exercising Treaty Rights.

This category is close to what you want I think:



It means, if you arrive October 25th, 2019, it won't be about renting a flat or getting a SIM from Vodafone, but actively looking for a job and being able to demonstrate it later.

When you are working, it's easy because you get payslips that demonstrate salary and contributions. But if you are not working, you need to distinguish yourself from the tourist visiting London to take photos.

If we crash with no deal, the relationship with the EU can get nasty and you don't want the Home Office to tell you later you weren't exercising Treaty Rights before October 3st, so you have no right to be in the UK under pre-Brexit EEA regulations.

You can also read this:
https://www.gov.uk/government/publicati ... ter-brexit

There will be still provisions for EEA nationals arriving after October 31st but they won't be classic EEA routes as we know them. They are talking about some schemes but the details are not fully known yet.

Zerubbabel wrote: ↑

Sat Oct 12, 2019 10:26 am

I am an EEA national. Imagine I go tomorrow to France, rent a flat, get a landline, a broadband, open a bank account in a local branch...

Does it show I was in France during that time? Yes. There is a paper trail to demonstrate it.

Does it prove I was exercising Treaty Rights and actively trying to settle in France? No.

The OP is asking how to be eligible for the Settlement Scheme. For this, the exercising of treaty rights is irrelevant.

All the info you posted above is very useful for the question about how to be eligible for the EEA route, i.e. how to exercise treaty rights, but that was NOT the question asked by the OP.