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Proving eu settled status when on pbs visa

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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masimo
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Proving eu settled status when on pbs visa

Post by masimo » Sat Sep 12, 2020 6:34 pm

Hi there,


I hope you are well, is it possible to prove 5 years continuous residence when your were on pbs visa? My ewa son (sponsor) was born in 2012

masimo
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Re: Proving eu settled status when on pbs visa

Post by masimo » Sat Sep 12, 2020 6:35 pm

Eea sorry

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CR001
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Re: Proving eu settled status when on pbs visa

Post by CR001 » Sat Sep 12, 2020 6:40 pm

How do hold a PBS visa ( which is a specific employer sponsored work permit) when your previous posts suggest you were granted FLR fp?

https://www.immigrationboards.com/eea-r ... l#p1874010

What is your full UK immigration history?
Char (CR001 not Casa)
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masimo
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Re: Proving eu settled status when on pbs visa

Post by masimo » Sat Sep 12, 2020 6:55 pm

Thanks for your reply, please find my immigration history.

2010 to 2012 tier 4
2012 to 2013 submitted my application for eea unmarried partner
2013 to 2016 eea unmarried partner
2016 to 2017 tier 4
2017 to 2020 outside the country
2020 flr fp’s appeal implemented

Never overstayed and returned my eea family permit to HO when relationships broke down.

secret.simon
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Re: Proving eu settled status when on pbs visa

Post by secret.simon » Sun Sep 13, 2020 8:46 pm

The five years of residence on a PBS visa will not count towards ILR/Settled Status based on Appendix EU/the EEA Regulations, if that is your plan.

You would generally only get ILR based on five years residence if you have resided in the UK on the same (or very similar work related) visa for five continuous years OR if you have been resident in the UK as the family member (spouse or child or dependent parent) of an EEA citizen for five continuous years.

And in any case, your absence for three years will have likely also reset your Long Residence 10 year ILR clock, which allows only a maximum of 540 days of combined absence throughout all ten years and no more than 180 days in a single absence.

So, in your case, if you have received FLR(FP) now, it will be 10 years from now that you will be eligible for ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

masimo
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Re: Proving eu settled status when on pbs visa

Post by masimo » Sun Sep 20, 2020 2:45 pm

Please stop giving wrongful information if you’re not sure, I have contacted the eu settlement scheme and they said it counts. It’s the second time you misguide me.

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vinny
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Re: Proving eu settled status when on pbs visa

Post by vinny » Sun Sep 20, 2020 2:52 pm

masimo wrote:
Sun Sep 20, 2020 2:45 pm
I have contacted the eu settlement scheme and they said it counts.
Be careful.
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masimo
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Re: Proving eu settled status when on pbs visa

Post by masimo » Sun Sep 20, 2020 11:24 pm

vinny wrote:
Sun Sep 20, 2020 2:52 pm
masimo wrote:
Sun Sep 20, 2020 2:45 pm
I have contacted the eu settlement scheme and they said it counts.
Be careful.
I don’t understand why shall I be careful?

masimo
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Re: Proving eu settled status when on pbs visa

Post by masimo » Sun Sep 20, 2020 11:34 pm

masimo wrote:
Sun Sep 20, 2020 11:24 pm
vinny wrote:
Sun Sep 20, 2020 2:52 pm
masimo wrote:
Sun Sep 20, 2020 2:45 pm
I have contacted the eu settlement scheme and they said it counts.
Be careful.
I don’t understand why shall I be careful?
I just clicked on the link I understand now

kamoe
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Re: Proving eu settled status when on pbs visa

Post by kamoe » Tue Sep 22, 2020 9:07 am

masimo wrote:
Sun Sep 20, 2020 2:45 pm
Please stop giving wrongful information if you’re not sure, I have contacted the eu settlement scheme and they said it counts. It’s the second time you misguide me.
masimo: Word of advice: Kindly check what level of forum user you are addressing to before making this kind of comments. Members names marked in bold green or bold blue are either moderators or respected forum members with several year's experience.

If you still need back up data, I'm happy to share the relevant extract of the official outcome letter I received when I was granted only pre-settled status, even though at the time I had already completed over 8 years in the UK as a full UK tax payer. Reason is I had only completed 3 years as a family member, so no, time spent in other immigration categories, including PBS, does not count:
You do not qualify for settled status because the information available to us does not show that you have completed a continuous qualifying period of five years in the UK as a family member of a relevant EU citizen, or in another qualifying category (including those categories allowing for a grant of settled status with less than five years of residence). Although you were resident in the UK between April 2014 and June 2019, you do not meet the requirements for settled status because
  • You were issued with a relevant document as the durable partner of your relevant EU citizen on 01 February 2016 and therefore your UK residence as a family member of an EU citizen commenced on this date for the purposes of the scheme.
You have however been granted pre-settled status under the EU Settlement Scheme and you can remain in the UK.
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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