Immigrationboards.com

Allow me to quote The Guardian:

Hundreds of thousands are being given second-class pre-settled status, which means they will face a new cliff-edge in five years. That’s another disaster waiting to happen.

https://www.theguardian.com/politics/20 ... ain-brexit

Is this already known whether the EEA-route will be around in five years' time after Brexit? I mean, of course, its legacy version, not for newcomers.

In particular, my non-EEA family member and I have been both granted pre-settled status in 2019. If nothing changes in our personal circumstances, could it still happen that my non-EEA family member will be refused settled status in 2024?

The EUSS was launched in hurry. I don't know a lot of immigration systems in the world with "settled and pre-settled" binary status.

However, as we are going forward, we see that the Home Office is slowly adding rules to the Scheme. There will be definitely a cliff edge around 2024 when a lot of people will arrive at the end of the 5-year pre-settlement cards and would face a wall of new requirements.

mulder wrote: ↑

Sun Feb 09, 2020 12:16 pm

Hundreds of thousands are being given second-class pre-settled status, which means they will face a new cliff-edge in five years. That’s another disaster waiting to happen.

In particular, my non-EEA family member and I have been both granted pre-settled status in 2019. If nothing changes in our personal circumstances, could it still happen that my non-EEA family member will be refused settled status in 2024?

If you have been a qualified person since then, and your circumstances stay the same, you could only be refused some functional equivalent of permanent residence if the nominally sovereign power of your place of residence denounced the withdrawal treaty. As far as we can, see the answer to your question is 'No'. Now, if the UK and the EU went to war, I don't know what would happen.

A worrying feature is that it seems to me that you need to apply for settled status before the five years of pre-settled status are complete. For most people, the answer is that they will have completed five years on qualifying routes before the five years of pre-settled status are complete, and can therefore apply before the end of the five years on pre-settled status. Those who forget to apply, or mess up their applications, may have problems.

Richard W wrote: ↑

Sun Feb 09, 2020 1:04 pm

A worrying feature is that it seems to me that you need to apply for settled status before the five years of pre-settled status are complete. For most people, the answer is that they will have completed five years on qualifying routes before the five years of pre-settled status are complete, and can therefore apply before the end of the five years on pre-settled status.

I thought we'd need to apply for another pre-settled status several of months in advance of the date our's expire. And only after 5 years counting from our arrival in 2019 are complete, would we apply for settled. Worrying indeed!

mulder wrote: ↑

Sun Feb 09, 2020 3:47 pm

I thought we'd need to apply for another pre-settled status several of months in advance of the date our's expire. And only after 5 years counting from our arrival in 2019 are complete, would we apply for settled. Worrying indeed!

That looks like a good idea. There are two quite possible problems that may occur
1) They might just give you the same expiry date, as happens when an ILR BRP is renewed. By the current wording, that shouldn't happen.
2) By the end of 2021, pre-settled status might only be given in exceptional circumstances.
These suggestions are only speculation.