Do you think exercising treaty rights will be a requirement of getting settled status in the future?

[Cye]

Hello

I am a non-EU citizen with pre-settled status. My husband is an EU national with settled status. I moved to the UK in an Ancestry visa but switched to the EU settlement scheme last year. I will have been married to my husband for five years in December 2021 which is when I can apply for settled status. My husband however is a student and not working. He does not have comprehensive sickness insurance. I work though and I pay tax. I understand that the EU settlement scheme is based on residence though and not exercising treaty rights. However in the withdrawal agreement only the rights of EU citizens and their family members who exercise treaty rights are protected. My worry is that the law might change to say that only the family members of EU nationals exercising treaty rights will be entitled to settled status. What do you think the chances of this happening are? Do you think the EU settlement scheme will still be purely residence based in December 2021 which is when I can currently apply for settled status? Will it make a difference that my husband has settled status if this does happen as he technically has permanent residence?

[Cye]

Anyone?

[Cye]

Hello. I am a non-EU citizen with presettled status married to an EU citizen with settled status. My husband is a student without comprehensive sickness insurance and is therefore not exercising treaty rights. I work full time though. I am worried that the Home Office will change the law to say that your EU spouse needs to be exercising treaty rights in order for the non-EU to get settled status. What do you think the chances are of them changing the law in this way?

[alterhase58]

Treaty Rights will no longer be available after 31 Dec 2020, the end of the transition phase.
Settled Status is based on residency - as it's under UK regulations the government is free to adjust these.
If you are aiming for naturalisation UKVI could ask whether CSI was held or not, and why, based on the revised caseworker guidance.

[secret.simon]

No, because settled status is provided under the Withdrawal Agreement, which has already been signed between the UK and the EU.

However, exercise of Treaty Rights has recently (in the past two-three weeks) been made a condition for applying for British citizenship.

You may be required to prove that treaty rights were exercised by the EEA citizen in the five years preceding the date of application for British citizenship, in addition to having Settled Status.

[Cye]

I was on an Ancestry Visa prior to getting pre-settled status so I don’t think it would matter that my husband wasn’t exercising treaty rights prior to me getting settled status when it comes to me applying for naturalisation as I was lawfully resident on my Ancestry Visa.

[secret.simon]

If you were on an Ancestry visa, why did/do you not apply for ILR based on the Ancestry visa? You could have qualified/can qualify for British citizenship much earlier.

[askmeplz82]

very bad choice .. but it is upto you

[Cye]

If you were on an Ancestry visa, why did/do you not apply for ILR based on the Ancestry visa? You could have qualified/can qualify for British citizenship much earlier.

I switched because the fees for ILR are very expensive whereas Settled Status is free. Askmeplz82, why do you think it was a bad choice?

[secret.simon]

Askmeplz82, why do you think it was a bad choice?

I'm guessing probably because the rules and paperwork around the Ancestry visa are easier to comply with and probably the easiest immigration pathway in the UK Immigration system that I can think of.

By moving from the Ancestry pathway to any other pathway, you simply increase the amount of paperwork and the amount of preparedness and stress that you will undergo. You exchange stress and paperwork for money.

[Obie]

No, because settled status is provided under the Withdrawal Agreement, which has already been signed between the UK and the EU.

However, exercise of Treaty Rights has recently (in the past two-three weeks) been made a condition for applying for British citizenship.

You may be required to prove that treaty rights were exercised by the EEA citizen in the five years preceding the date of application for British citizenship, in addition to having Settled Status.

This hopeless government giving with one hand and taking with the other.

There is a possibility that they will start applying the good character test to EU nationals who resided here without exercising treaty rights, prior to acquiring settled status, with the consequences being they will need to wait for 10 years from when settled status was acquired, to get citizenship.