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Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 12:15 pm
by Get2DaChopper
Hi
Thank you to everyone who responds. Apologies in advance if this has already been answered.
Hoping someone can clarify next steps please.☺
Current status:
Expired Residence card, Dec - 2020.
Indian Passport.
Have lived in the UK since 2010.Five as a student, 4 as a family member of an EEA national. We separated in 2019.
Working full time.
Questions:
Think I'm qualified for both the British citizenship (over 10 yrs) and for the settled status route.
What would you suggest is the best approach?
Thanks again.
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 2:17 pm
by contorted_svy
You are not eligible for settled status yet, you need one more year, without ILR (either under EUSS or other routes) you can't apply for citizenship.
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 2:40 pm
by Get2DaChopper
contorted_svy wrote: ↑Tue Apr 23, 2024 2:17 pm
You are not eligible for settled status yet, you need one more year, without ILR (either under EUSS or other routes) you can't apply for citizenship.
Thank you for the response.
Think below already applies to me. 3 years is the requirement to being married. Is this no longer the case?
"
You are a family member of an EU, EEA or Swiss citizen who has retained the right of residence by virtue of a relationship with a relevant EEA citizen who has passed away or from whom you have separated or where the family relationship has broken down"
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 2:42 pm
by Get2DaChopper
Get2DaChopper wrote: ↑Tue Apr 23, 2024 2:40 pm
contorted_svy wrote: ↑Tue Apr 23, 2024 2:17 pm
You are not eligible for settled status yet, you need one more year, without ILR (either under EUSS or other routes) you can't apply for citizenship.
Thank you for the response.
Think below already applies to me. 3 years is the requirement to being married. Is this no longer the case?
"
You are a family member of an EU, EEA or Swiss citizen who has retained the right of residence by virtue of a relationship with a relevant EEA citizen who has passed away or from whom you have separated or where the family relationship has broken down"
Maybe it's retained right of residence instead of settled status?
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 2:48 pm
by contorted_svy
You still need to have lived in the UK for five years as a family member of an EEA citizen, or have retained your rights (which is your case) but you have to wait until that date. You can't apply until 5 years have elapsed from your wedding.
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 2:59 pm
by Get2DaChopper
contorted_svy wrote: ↑Tue Apr 23, 2024 2:48 pm
You still need to have lived in the UK for five years as a family member of an EEA citizen, or have retained your rights (which is your case) but you have to wait until that date. You can't apply until 5 years have elapsed from your wedding.
Thank you for the response.
Sorry, don't quite follow.
We got married in 2015. Divorced in 2018.
I would have thought that I can apply for Settled status as a qualified individual. Is this not the case?
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 3:16 pm
by Get2DaChopper
I guess my question after a bit more research is;
Should/ Can I apply for Settled Status?
or
Is there a separate application for Retained Rights?
or
Are both the same thing and I can apply together?
Again, sorry for the inconvenience all.
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 3:21 pm
by contorted_svy
Get2DaChopper wrote: ↑Tue Apr 23, 2024 3:16 pm
I guess my question after a bit more research is;
Should/ Can I apply for Settled Status?
or
Is there a separate application for Retained Rights?
or
Are both the same thing and I can apply together?
Again, sorry for the inconvenience all.
You hadn't stated marriage date in your initial post hence my confusion. Did you inform the HO about your change in circumstances? You should be eligible to apply for settled status but you need to show you are retaining your rights
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 3:25 pm
by Get2DaChopper
contorted_svy wrote: ↑Tue Apr 23, 2024 3:21 pm
Get2DaChopper wrote: ↑Tue Apr 23, 2024 3:16 pm
I guess my question after a bit more research is;
Should/ Can I apply for Settled Status?
or
Is there a separate application for Retained Rights?
or
Are both the same thing and I can apply together?
Again, sorry for the inconvenience all.
You hadn't stated marriage date in your initial post hence my confusion. Did you inform the HO about your change in circumstances? You should be eligible to apply for settled status but you need to show you are retaining your rights
Brilliant, thank you for your response again.
I did think I may have not been very clear, sorry.☺
I have not informed the HO. Didn't think I needed to.
Is there a particular form I need to complete and show my retained rights of residence?
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 4:30 pm
by contorted_svy
I don't know if there is a separate form - hopefully another more knowledgeable member can comment in this regard.
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Tue Apr 23, 2024 4:34 pm
by meself2
Before 2020 (and now in EU member states, eg Ireland), you were supposed to apply for retained rights, be granted those (it's not an automatic process) and only then you could apply for permanent residence.
If your relationship was broken down, you were supposed to inform the authorities and go through retained rights process.
It all might be different now due to Brexit, but seeint your relationship broke down before it, it'd be goos to know if you've done anything of this sort.
On what basis are you currently in the UK? Do you have pre settled status or is (physical) residence card your only document?
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Wed Apr 24, 2024 2:15 am
by Get2DaChopper
meself2 wrote: ↑Tue Apr 23, 2024 4:34 pm
Before 2020 (and now in EU member states, eg Ireland), you were supposed to apply for retained rights, be granted those (it's not an automatic process) and only then you could apply for permanent residence.
If your relationship was broken down, you were supposed to inform the authorities and go through retained rights process.
It all might be different now due to Brexit, but seeint your relationship broke down before it, it'd be goos to know if you've done anything of this sort.
On what basis are you currently in the UK? Do you have pre settled status or is (physical) residence card your only document?
Thank you for the response.
Just the expired residence card.
Re: Next Steps - Expired Residence Card - Settled Status or Citizenship?
Posted: Wed Apr 24, 2024 6:52 am
by meself2
Then you might be in trouble - if you don't have pre settled status, I'm not even sure if you're legally in the country (unless I misunderstood and you did apply for EUSS). You can't do it now as you're separated long ago. Why do you think your residence is legal right now?
I'm not sure what's the best way forward here - other members that are more knowledgeable will advise.