Immigrationboards.com

Hi all,

I need some advice, but I will give you a bit of background information/timeline:

> I arrived in the UK from Australia on a Tier 5 (youth mobility) visa on June 2016
> I transferred on a Tier 2 (General) visa on April 2018. I am currently on this visa.

I have been in an unmarried relationship with an EU citizen, and will have been living together for 2 years in November 2020 (I have all the necessary documentation to prove this). So at this time, I will be applying for pre-settled status, as he currently has pre-settled status as we can prove we have lived together for two years as an unmarried couple.

My question relates to if I just apply directly through the EU Settlement Scheme on November 2020. I am already in the UK (and have a tier 2 residence permit), and as I am already in the UK I would not need to apply for an EU family permit. Is this correct? Do I need to undertake biometrics again considering I would have completed these when I undertook my Tier 2 Visa?

Thanks

You need to apply for a Residence card first as an EFM, and if successful you may apply under the settlement scheme.

Please follow the advice given by the user (Obie). I am in close situation as you. I’m in a relationship with an EU national. Before the previous visa I had on expired (had 13months left on my LTR) I called the Home Office to make enquiry concerning my situation and I was ill-advised. The EUSS had just opened to the public and my partner applied earlier and gotten her Settled Status (tho she’s got permanent residency since 2010), the person I spoke to over the phone (from HO) told me to just apply for the EUSS and link my application to my partner’s. I did just that in March of 2019, many months went by and every time I call I was getting the same scripted message (your application is with a decision maker and you will get an email as soon as a decision is made), I got tired and went through my MP only for her to get proper message saying that my application was on hold and that I need to apply for a BRC first as an extended family member of an eea national then as soon I am granted they will automatically communicate with the guys from the EUSS to process my EUSS application. So I literally wasted 8months being patient... made my application for RC and now waiting for a decision.

Sorry about your predicament. The scheme only applies to family members, and a durable partner or extended family member without a residence card, is not classified as a family nember, and hence cannot apply under the settlement scheme.

Hi,

I am in the process of changing my visa status from a Tier 2 visa to an extended family member EEA (EFM) visa to then acquire pre-settled status.

Question 2 asks: Have you been issued with a residence card (biometric format) or biometric residence permit (BRP) in connection with a previous application under the EEA Regulations or for leave to remain?

Now, is the Tier 2 Biometric residence permit issued to me considered in the realms of this question?

The answer to this question would also clarify the question in Section 3 which is the following:

> What is your current immigration status in the UK?
1. I hold a valid EEA residence document issued under the EEA regulations
2. I have leave to enter or remain for a limited period until XXXXXXX
3. I have, or last had, temporary admission until XXXX

Any clarification would be greatly appreciated.

Topics merged.

Question 2 asks: Have you been issued with a residence card (biometric format) or biometric residence permit (BRP) in connection with a previous application under the EEA Regulations or for leave to remain?

Now, is the Tier 2 Biometric residence permit issued to me considered in the realms of this question?

Presumably it is yes.

The answer to this question would also clarify the question in Section 3 which is the following:

> What is your current immigration status in the UK?
1. I hold a valid EEA residence document issued under the EEA regulations
2. I have leave to enter or remain for a limited period until XXXXXXX
3. I have, or last had, temporary admission until XXXX

Option 2.

Argo0986 wrote: ↑

Thu Sep 03, 2020 4:05 pm

I am in the process of changing my visa status from a Tier 2 visa to an extended family member EEA (EFM) visa to then acquire pre-settled status.

A word of caution here. Given the current timelines, you are likely to have to wait 6-7 months before your RC as EEA EFM is issued. Before that happens you are NOT considered the family member of your EU national sponsor. If this card is not issued in 2020 you might run the risk of not being eligible to apply for the Settlement Scheme in 2021, since family members need to either:

a) Have joined their EU family member in the UK before December 31st 2020
b) Have become their family member before December 31st 2020

You are already in the UK but if come December 31st 2020 you still don't have the card it could be argued you do not meet either of the above criteria.

Again this is just a word of caution, I do not know if this will be the interpretation of the Home Office, but I give it my two cents so that whoever can prepare an alternative, just foreseeing a worst-case scenario, does so.

Anyone would like to comment? Is it likely that my interpretation above is correct?

Anyone would like to comment? Is it likely that my interpretation above is correct?

Potentially yes. The EEA EFM status doesn't exist for the purpose of immigration until the Article 10 is issued. So potentially, some people may find themselves in an administrative no mans land. If the card is issued in Jan 2021 for instance, it can be argued that the person wasn't there before Dec 31 at 2300.

But I see recently that the Home Office seems stuck on "YES" for any EU Settlement Scheme application. So I won't be surprised if they keep delivering this status regardless or the technicalities.

Zerubbabel wrote: ↑

Fri Sep 04, 2020 3:04 pm

If the card is issued in Jan 2021 for instance, it can be argued that the person wasn't there before Dec 31 at 2300.

Yes, sort of. Not necessarily contesting their presence but their meeting the specific criteria. It can be argued that that because they were not yet the family member before Dec 31st, even if they were there as a proven fact, then condition a) is not met because they were there without being the family member.

Same situation as say, someone who is in a relationship with a EU national while living in the UK under, say, Tier 2 visa in December 2020. Come January 2021 they marry the EU national. Are they eligible to apply for the Settlement Scheme in January 2021? They were in a relationship with the EU national and lived in the UK in 2020, but not as their family member. What happens in that case? I think whatever applies in this case will apply to the durable partners who obtain their cards in 2021.

But I see recently that the Home Office seems stuck on "YES" for any EU Settlement Scheme application. So I won't be surprised if they keep delivering this status regardless or the technicalities.

This is possible and I would think this is the easiest way to deal with these applications. However, until some provision is specifically written in the EU caseworker guidance, I would be very cautious of suggesting people can bank on it.