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Apply for PR with settled status
Posted: Tue Oct 29, 2019 11:18 pm
by Dantean
If I understand correctly, one has to have ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’) for 1 year to be eligible for applying for citizenship.
If an EU citizen has applied for and received settled status, but has also been in the UK for 6 years, can that person also make an EEA PR application? If they get permanent residence, they would be able to apply for citizenship right away (having had PR for 1 year already, though currently without documentation) instead of having to wait a year.
Re: Apply for PR with settled status
Posted: Wed Oct 30, 2019 11:57 am
by kamoe
Dantean wrote: ↑Tue Oct 29, 2019 11:18 pm
If I understand correctly, one has to have ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’) for 1 year to be eligible for applying for citizenship.
Correct.
If an EU citizen has applied for and received settled status, but has also been in the UK for 6 years, can that person also make an EEA PR application?
If they meet the criteria for PR (if they have exercised treaty rights for 5 years, plus stayed an extra year after that), then yes, they can.
If they get permanent residence, they would be able to apply for citizenship right away (having had PR for 1 year already, though currently without documentation) instead of having to wait a year.
Correct, but it must be stressed that, as you say, they do need to apply for PR first. Completing the 6 years then applying for citizenship while skipping the PR step wouldn't work; the PR document is a necessary piece of documentation for the citizenship application.
Re: Apply for PR with settled status
Posted: Wed Oct 30, 2019 12:10 pm
by secret.simon
Also keep in mind that the onus of proving that you acquired PR earlier is on you. You need to submit the documents that prove that you acquired PR earlier. The Home Office will only cross-reference and verify what you submitted. So make sure that you documentation is thorough.
Otherwise, you will end up with a DCPR likely stating the wrong or later date.
Re: Apply for PR with settled status
Posted: Thu Oct 31, 2019 12:21 pm
by Dantean
Thanks both. I suppose there isn't much downside in applying for PR (other than the work of finding documentation, filling in the application and paying the fee). Even if the date is for some reason different, they will still be eligible for citizenship after having 'settled status' for a year.
Re: Apply for PR with settled status
Posted: Mon Nov 04, 2019 10:29 pm
by it91
kamoe wrote: ↑Wed Oct 30, 2019 11:57 am
Dantean wrote: ↑Tue Oct 29, 2019 11:18 pm
If I understand correctly, one has to have ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’) for 1 year to be eligible for applying for citizenship.
Correct.
If an EU citizen has applied for and received settled status, but has also been in the UK for 6 years, can that person also make an EEA PR application?
If they meet the criteria for PR (if they have exercised treaty rights for 5 years, plus stayed an extra year after that), then yes, they can.
If they get permanent residence, they would be able to apply for citizenship right away (having had PR for 1 year already, though currently without documentation) instead of having to wait a year.
Correct, but it must be stressed that, as you say, they do need to apply for PR first. Completing the 6 years then applying for citizenship while skipping the PR step wouldn't work; the PR document is a necessary piece of documentation for the citizenship application.
What??? Isn’t Settled Status equivalent to ILR and PR? Aren’t we supposed to be able to apply for one year after Settled Status granted?
Re: Apply for PR with settled status
Posted: Mon Nov 04, 2019 10:30 pm
by it91
it91 wrote: ↑Mon Nov 04, 2019 10:29 pm
kamoe wrote: ↑Wed Oct 30, 2019 11:57 am
Dantean wrote: ↑Tue Oct 29, 2019 11:18 pm
If I understand correctly, one has to have ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’) for 1 year to be eligible for applying for citizenship.
Correct.
If an EU citizen has applied for and received settled status, but has also been in the UK for 6 years, can that person also make an EEA PR application?
If they meet the criteria for PR (if they have exercised treaty rights for 5 years, plus stayed an extra year after that), then yes, they can.
If they get permanent residence, they would be able to apply for citizenship right away (having had PR for 1 year already, though currently without documentation) instead of having to wait a year.
Correct, but it must be stressed that, as you say, they do need to apply for PR first. Completing the 6 years then applying for citizenship while skipping the PR step wouldn't work; the PR document is a necessary piece of documentation for the citizenship application.
What??? Isn’t Settled Status equivalent to ILR and PR? Aren’t we supposed to be able to apply for one year after getting Settled Status granted?
Re: Apply for PR with settled status
Posted: Mon Nov 04, 2019 10:52 pm
by Dantean
it91 wrote: ↑Mon Nov 04, 2019 10:29 pm
What??? Isn’t Settled Status equivalent to ILR and PR? Aren’t we supposed to be able to apply for one year after Settled Status granted?
From what I understand, they are not quite equivalent.
But yes, 1 year after getting settled status you should be able to apply for citizenship.
The difference is that you get PR automatically, after 5 years of exercising treaty rights. Then, one year after having PR, you can apply for citizenship, but only if you get a PR card. So if you've already had the PR for 1 year, then you get the proof (the card), you can apply for citizenship on the same day.
The issue is that even if you have PR, you still need the proof (the PR card) to apply. Settled status is a different designation which you get when you apply for it, and once you've had it for 1 year, you can apply for citizenship.
So an EU citizen who has been here for 6 years exercising treaty rights still has to wait a year after getting settled status (unless they get the PR card).
Re: Apply for PR with settled status
Posted: Tue Nov 05, 2019 2:25 pm
by kamoe
it91 wrote: ↑Mon Nov 04, 2019 10:29 pm
What??? Isn’t Settled Status equivalent to ILR and PR? Aren’t we supposed to be able to apply for one year after Settled Status granted?
Just to clarify things for anyone reading this:
ILR = For non-EU citizens.
Issued under UK regulation.
PR = For EU citizens and their non-EU family members,
before Brexit was a thing.
Issued under EU regulaiton.
Settled Status = For For EU citizens and their non-EU family members,
since Brexit is a thing.
Issued under UK regulation.
All of the above grant permission (if UK regulation) or confirm the right (if EU regulation) to remain in the UK indefinitely.
And all of the above open a route into UK citizenship after one year.
The one oddity is that, since PR it is not a permission but a confirmation of a right through EU regulations, it is acquired automatically after 5 years of exercising treaty rights in the UK. So weather you have the PR card or not, you have the right of permanent residence on the 5th anniversary of your arrival to the UK. When you apply for your PR card, if you apply well after your 5th anniversary, and provide proof that your 5th anniversary has long passed, chances are the extra year has already passed and you have already completed the condition of the extra year, and this could make you eligible to apply for British citizenship straight away.
So in essence, all of the three routes above grant you equivalent ability to stay in the UK and ultimately apply for nationality, but they can come with somewhat different timings.
Also, UK and EU regulations are NOT mutually exclusive. This means you can have Settled Status and Permanent Residence at the same time.
Re: Apply for PR with settled status
Posted: Tue Nov 05, 2019 2:32 pm
by kamoe
*Small clarification: When I say 5th anniversary of arrival in the UK I mainly mean 5th anniversary of your exercising treaty rights in the UK. There is a difference.
Re: Apply for PR with settled status
Posted: Tue Nov 05, 2019 2:41 pm
by Archibald
"Settled" status confirms that you are a resident from the date the document was issued.
So it will say "05.11.2019" if issued today, even if you have been here for 10 years.
You need to wait 12 months from this date to apply for citizenship.
PR states when you became a resident, so it will say for example that you become a permanent resident on 01.05. 2012. Add 5 years and if the date is before today, you can apply for naturalisation (once Life in the UK and English exam is completed)
Re: Apply for PR with settled status
Posted: Fri Nov 08, 2019 7:36 am
by it91
kamoe wrote: ↑Tue Nov 05, 2019 2:25 pm
it91 wrote: ↑Mon Nov 04, 2019 10:29 pm
What??? Isn’t Settled Status equivalent to ILR and PR? Aren’t we supposed to be able to apply for one year after Settled Status granted?
Just to clarify things for anyone reading this:
ILR = For non-EU citizens.
Issued under UK regulation.
PR = For EU citizens and their non-EU family members,
before Brexit was a thing.
Issued under EU regulaiton.
Settled Status = For For EU citizens and their non-EU family members,
since Brexit is a thing.
Issued under UK regulation.
All of the above grant permission (if UK regulation) or confirm the right (if EU regulation) to remain in the UK indefinitely.
And all of the above open a route into UK citizenship after one year.
The one oddity is that, since PR it is not a permission but a confirmation of a right through EU regulations, it is acquired automatically after 5 years of exercising treaty rights in the UK. So weather you have the PR card or not, you have the right of permanent residence on the 5th anniversary of your arrival to the UK. When you apply for your PR card, if you apply well after your 5th anniversary, and provide proof that your 5th anniversary has long passed, chances are the extra year has already passed and you have already completed the condition of the extra year, and this could make you eligible to apply for British citizenship straight away.
So in essence, all of the three routes above grant you equivalent ability to stay in the UK and ultimately apply for nationality, but they can come with somewhat different timings.
Also, UK and EU regulations are NOT mutually exclusive. This means you can have Settled Status and Permanent Residence at the same time.
Yes I know all of this, my husband got naturalised directly after 6 years of his residence (just two months after getting his PR card). But my question is, what would be the case after Settlement Scheme? Once pre-settled expires after 5 years of continued residence, apply for SS (equivalent of old PR and ILR) then wait for another year?
Re: Apply for PR with settled status
Posted: Fri Nov 08, 2019 10:26 am
by kamoe
it91 wrote: ↑Fri Nov 08, 2019 7:36 am
Yes I know all of this, my husband got naturalised directly after 6 years of his residence (just two months after getting his PR card). But my question is, what would be the case after Settlement Scheme? Once pre-settled expires after 5 years of continued residence, apply for Surinder Singh route (equivalent of old PR and ILR) then wait for another year?
It is not clear to me how all the detail above still doesn't answer your initial query (is Settled Status equivalent to ILR and PR). That has been answered in detail.
Since the OP's question has already been answered, and since you are now adding a Surinder Singh component to it out of nowhere, this is officially starting to deviate from the OP. Please open a new post with your particular question or situation, which we will be happy to address.