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EU Settlement Scheme - Eligible?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Lolirk
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Joined: Sat Aug 08, 2020 12:39 pm
Germany

EU Settlement Scheme - Eligible?

Post by Lolirk » Sat Aug 08, 2020 12:44 pm

Hi all,

I am a EU citizen, but I am not sure I am eligible for the EU Settlement Scheme.

I will move to the UK in February 2021 to start a full-time job, so after the end of the transition period. I worked for a month for a company in London. However, due to COVID, I could not go to the UK but worked remotely from a EU country. I do not have a NI number but have payslips.

Am I eligible for pre-settled status or since I wasn't physically in the UK I am not?

Thank you very much!

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alterhase58
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Posts: 8685
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: EU Settlement Scheme - Eligible?

Post by alterhase58 » Sat Aug 08, 2020 1:15 pm

Suggest you arrive and apply before 31.12.2020, if you really want to come here !
Quote from the official guidance:
"If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020."
https://www.gov.uk/settled-status-eu-ci ... atus-means
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Zerubbabel
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United Kingdom

Re: EU Settlement Scheme - Eligible?

Post by Zerubbabel » Sat Aug 08, 2020 1:20 pm

December 31, 2020 is a hard limit.

You must be in the UK before if you want to go under that scheme. Working remotely for a UK based company doesn't help. You need to be physically in the UK with the intention to reside (not as a mere visitor).

UK borders are open. Covid is not a factor.

kamoe
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Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EU Settlement Scheme - Eligible?

Post by kamoe » Fri Aug 14, 2020 10:07 pm

Lolirk wrote:
Sat Aug 08, 2020 12:44 pm
I worked for a month for a company in London. However, due to COVID, I could not go to the UK but worked remotely from a EU country. I do not have a NI number but have payslips.
If you do not have a NI either you worked illegally, or you did not work for a UK company.

You might have legally worked for a EU company that is a supplier of a company in the UK, and have such payslips. This does not make you an employee of the UK company, but rather an employee of the EU company. Big difference.

In other words, to say that you "worked for a company in the UK" you need to have been enrolled in their UK payroll, which you cannot do without a NI.
Am I eligible for pre-settled status or since I wasn't physically in the UK I am not?
As you have described, and if you have not been in the UK exercising treaty rights before the end of 2020 in any other way (studying, looking for work, or self-sufficiently paying UK tax), then you are not.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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