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Applied for EUSS settled status as a late application but haven’t heard anything yet but need my settled status to apply for my husbands ILR

Dear all, I would be really greatful if you could help me here .
I was married to EU husband. But after four years we got divorced. lt was because he cheated on me. I received permanent Residency through that marriage. 7 years after the divorce I met this wonderful man and we got married. He is here in uk as my dependent.

At the end of last year when I was trying to apply for British citizenship , I found out that my Permanent residency document was invalid . I was supposed to transfer my permanent residency to settled status by july 2021( post Brexit) But I didn’t realised or knew that changes until recently. With the help of my solicitor I managed to get the COA and it’s been 6month now , that I am waiting for my settled status .

But the thing is , now my husband who is my dependent in uk is due to apply for his indefinite leave to remain. We have all documents ready apart from my immigration status . He is required to send a copy of my document( British passport or indefinite leave to Remain) along with other documents. And I don’t have that yet. I called home office on the euss line but the lady said all I have to do is wait for the decision and she doesn’t know the time frame.

Can you guys suggest me please? What I can do in this situation. If he doesn’t apply then he will be illegal in the country. He has already resided in the county for five years as my dependent. I am bit worried as he must apply for ILR before his current visa expires . My question is can he still apply for ILR with a cover letter explaining why we haven’t provided my (sponsor) immigration document.

Please Help Help Help.

None of the old EU residence cards have any legal value, given the UK left the EU on 1 Jan 2021. You must have applied under the EU settlement scheme before the deadline in 2022 as you found out. You do not have any lawful residence in the UK now and I assume you are staying here unlawfully. No EU residence card has any legal value, even if it has not expired yet

Now when you say your spouse is your dependant, what does not even mean? Do you mean your spouse also has an old EU family residence permit ?? In that case, he is a migrant without valid immigration status as his EU residence card has no legal validity in the UK, as explained above. Family members who had EU residence permits also had to apply under the EU settlement scheme to get pre-settled status before the deadline. If that is the case, then he has the same problem as you do

Dear zimba thank you for your reply. My husband came as my dependent under standard spouse visa (2.5 years) later he applied for FLRM visa (again 2.5 years). Now his FLRM is coming to an end . In next 2 month (in August)he will complete his 60month in UK. We had to meet all the requirements (for eg £18600, health surcharge, tenancy agreement etc…).

I understand my residency was invalid until we received the COA from EUSS. Now as I am waiting for the decision for my application under EUSS , I don’t know what to do for my husband’s ILR application. He still has a 3month extra visa which will last until the end of November. I am worried what if I don’t receive my decision before his visa expires ? We must apply before his visa expires isn’t it ?

My reason when applying for late EUSS was I was not aware. I was able to change jobs and work like usual with the same residency document , my husband received FLRM using my same old document)

Any suggestions will be greatly appreciated.

Thank you.

A COA is just a confirmation of your application, it is not going to help your spouse secure ILR. You need to be given settled status under UK immigration rules before he can get ILR. His ILR depends on your status and your case, I am afraid

Dear zimba, thank you for your reply. I agree his ILR depends on my settled status. It’s been already 6month I have been waiting for the decision. It seems like they don’t have a time frame.
My question is there any thing I can do to solve this situation?
Will it help if I ask my MP and my solicitor to write a letter to home office ?
Please suggest me if there is a way.

I am checking everyday for the decision on my email.

I am afraid this can take a while as you applied after the deadline.