EU settlement Application submitted questions

[Necdet]

Dear All,

I was recently aware of this forum and immediately registered. Me and my wife applied for EU settlement on 10th of September 2020. So i have some questions to whom already gained experience during the process;

1- She is an EU citizen, it has been 1 month with no feedback. Is this normal? I assume it takes much longer for non EU spouses but why so long with EU-Exit App application? ( she has received her CoA immediately after application though)

2-this brings me to the topic; i am a non-EU husband of her since 3 years; due to limitations on UKVCAS i was not able to enroll my biometrics so i have managed to book an appointment for 6th of the October 2020. I see that this is only a beginning and people are waiting so long to get an approval so is it still too slow? Or did they get back on track?

3- Me and my wife came to the UK on 5th of September.
I have got a touristic visa until 2025 but it allows me to stay 180 days maximum in a row! Which means i need to leave before March 2020!

If my process takes too much time, and exceeds March 2020 will i be classified as “overstayed?”

4- What if i leave the UK before a result? Do i lose my rights? Will my application be cancelled?

5-My wife is pregnant, i can not afford to wait 7 months without working! Should i apply for a family visa? But it requires to be outside of the UK if i recall correctly?


6- we only applied with our fly tickets to prove that we are in the country, now after 1 month we have got a tenancy agreement, should we also update our residence evidence documents?

Thank you all for any kind of help and support,
I really appreciate your kind responses.

To be honest i am worried to be stuck in a legal limbo due to facts that has been mentioned in previous messages.

All the best

[Zerubbabel]

Hello

It's always risky to immigrate to the UK on a tourist visa. You should have applied for a family permit from abroad rather than applying as a visitor then trying to settle when past the borders.

The CoA is automatic. Any applicant will get. It's just a receipt that an application has been made but it doesn't tell you anything about the outcome or the time line.

Part of the process under the EU Settlement Scheme is automated with programmatic crosschecks to HRMC (taxes) and National Insurance records. This makes the application really fast for people who have been in the UK for a while and already working and registered everywhere.

If you came in earlier this months, these checks won't work and the application will be processed manually. They will probably ask you at one point to provide some documents.

The system is still very slow. It may take months before they get to your case. You can't work on visitor visa either.

[Zerubbabel]

4- What if i leave the UK before a result? Do i lose my rights? Will my application be cancelled?

Not because you left. But if you return and seek admission as visitor again with a pending immigration application, this will cause issues.

[Necdet]

Hello

It's always risky to immigrate to the UK on a tourist visa. You should have applied for a family permit from abroad rather than applying as a visitor then trying to settle when past the borders.

The CoA is automatic. Any applicant will get. It's just a receipt that an application has been made but it doesn't tell you anything about the outcome or the time line.

Part of the process under the EU Settlement Scheme is automated with programmatic crosschecks to HRMC (taxes) and National Insurance records. This makes the application really fast for people who have been in the UK for a while and already working and registered everywhere.

If you came in earlier this months, these checks won't work and the application will be processed manually. They will probably ask you at one point to provide some documents.

The system is still very slow. It may take months before they get to your case. You can't work on visitor visa either.

Thank you for your answer Zerubbabel,

The reason we hurried up was missing the flights. It is risky and there might be new lockdowns due to covid. If we can not settle until December we were going to lose our rights. Now we have managed to make a tenancy agreement and so on..
So considering the fact that I have rights to entry UK we did not want to wait for a family permit visa. In their website they do not tell this process takes 7 months they say 5 days to 1 month. But what I see from these feedbacks is this is not true!

We also consulted an immigration lawyer and she told us that it is not necessary to apply family permit.
we did not know that the system was too slow....

[Zerubbabel]

They takes from weeks to months for give a definitive answer to someone who has been in the UK for a while. For new entrants like yourself and your wife, I noticed that the processing time is usually longer but it's hard to quantify.

You will know they are working on your application when they come to ask more information.

[Necdet]

it says for applications with short term duration evidences with a flight ticket is ok and it is ok to provide 1 document in last 6 months to get pre-settled at home office's website.

What they should have told us that if you are recently entered to the country this process might take a year so that I could have understood to apply for a family permit!

Evidence that covers shorter periods of time
These documents count as evidence for 1 month if they have a single date on. They can be used to cover a longer period of time if they have a start and end date covering longer than a month.
bank statement showing payments received or spending in the UK
payslip for a UK-based job
water, gas or electricity bill showing a UK address
landline or mobile telephone, TV or internet bill showing a UK address
domestic bill, such as for home repairs, vet’s services or insurance, and evidence of payment
card or letter from your GP, hospital or other healthcare professional confirming appointments you have made or attended
letter from a government department, public service or charity that show you dealt with them on a particular date or for a particular period (for example Job Centre Plus or Citizens Advice)
passport stamp confirming entry at the UK border
used travel ticket confirming you entered the UK from another country (my emphasis)
invoice for work you have done in the UK and evidence of payment

[Zerubbabel]

The flight ticket or hotel booking are fine if they ask you about proofs when you just arrived. But if they contact you in a few months time, there is an expectation that you give them more than that.

But as you are already renting now, you will soon get Council Tax and utility bills.

Also, prepare your marriage certificate and proofs of relationship in case they come to ask you.

[Necdet]

Zerubbabel thanks for your support.Really appreciate it.
I have talked to my barrister, she says that once i have recevied the COA, it allows me to apply for jobs “legally” and even if my visa expires i will not be illegal due to a specific law.

I am writig this to the knowledge of other people with similar situation.


Once you have applied, you will be in the UK lawfully no matter how long it takes to get a decision. This is because after your visa expires you will have something that is called 'Section 3C' leave (section 3C of the 1971 Immigration Act) until a decision is reached. This also will cover your wife if there is no decision for her before Brexit.