Tier 4 to EU family member residence card - EUSS

[apanskov]

Hi,

We've just received my partners EU family member residence card (unmarried partners) yesterday (YAY!). Now applying to EU settlement scheme for her. Question: as I understand, even though she has been in the UK for over 5 years (tier 4 student), but only got her EU residence card yesterday, we apply for pre-setteld (<5 years residence)?

Are there any other caviats awaiting us? Proof of relationship with a bunch of other paperwork? We gave got the EU card yesterday, hoping that EUSS will be a simple process as a similar application was literally just approved.

Thanks!

[apanskov]

I have a further question - will my non EU partner receive a new residence card after applying for settlement? Hopefully with a much longer validity

[kamoe]

even though she has been in the UK for over 5 years (tier 4 student), but only got her EU residence card yesterday, we apply for pre-setteld (<5 years residence)?

You do not have to choose between Pre-Settled or Settled Status when applying. It's the system who decides what to grant. She will receive Pre-Settled Status, since previous Tier residence does not count, her clock toward the 5 years necessary for Settled Status just started from zero when she was issued the card.

Are there any other caviats awaiting us? Proof of relationship with a bunch of other paperwork? We gave got the EU card yesterday, hoping that EUSS will be a simple process as a similar application was literally just approved.

EUSS application will be straightforward with the EEA RC and app, and this will give her electronic status. No need to upload or send any other document.

Caveat is, she will not receive a new card, and officially her brand new EEA RC card will expire on Dec 31st 2020. We have inquired with the EUSS Resolution Centre, and apparently if the EEA RC card is used to apply for the EUSS then its validity is extended until the printed expiration date on the card. It is unclear wether it is wise to rely on this when travelling after Dec 31st 2020.

If she is uncomfortable having only electronic status and EEA RC card, and she wants a card issued under the EUSS, she will have to apply to convert her EE RC card into a EUSS card, this involves new biometrics.

[apanskov]

If she is uncomfortable having only electronic status and EEA RC card, and she wants a card issued under the EUSS, she will have to apply to convert her EE RC card into a EUSS card, this involves new biometrics.

Thanks so much for the reply! I really appreacitae the straight-forward answer to the point
Quick question on the above quote - correct me if I am wrong, but to my understanding she can have the electronic status and enter the UK (after travelling for holidays) even after her EEA RC expires (30 June 2021 printed exparation on the card)? What will she need to provide at the border - non-EU passport only, or an already expired EEA RC?

[kamoe]

correct me if I am wrong, but to my understanding she can have the electronic status and enter the UK (after travelling for holidays) even after her EEA RC expires (30 June 2021 printed exparation on the card)?

I do not think so. Non EEA nationals need to have a valid physical card at all times. The only reason she was not issued a new EUSS card is because she already had a EEA RC card. So before that card expires she needs to make sure she has a EUSS one! I would even add that it is unwise to bank on the EEA RC card being valid after Dec 31st... do note that I highlight the extended validity is not widely known or recognized.