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continuous residence - EU Settlement Scheme

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

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stopz
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EAA EFM Urgently need help

Post by stopz » Sat Nov 28, 2020 4:41 am

Good Evening,

I need some advice in regards of my EEA EFM Application. Here is my story.
I was on Tier 5 GAE Visa which originally valid until end of March 2021 and my employment was terminated at the end of July 2020 due to Covid. Up until now, I have not receive any curtailment letter from the HO. couple days after I was terminated I contacted a solicitor which we applied for EAA EFM unmarried partnership (my partner is Polish). I was a little nervous as my partner and I have not lived 2 years. But my solicitor think that I still have a good chance if I can provide evidence of our relationship.

My first applications was sent at the end of October 2020 and refused because apparently I forgot to sign 1 of the declaration page (duh :roll: ). Second Application was submitted on 6th of November 2020. I have receive my SHORT COA and submitted my finger print on 13th of November.

The reason why I did not contacted HO for my curtailment letter is because I am not protected by Section C. Considering it could takes up to 6 months to get a decision, it will be better to not chasing the curtailment letter (if it make sense).

but still, I just wondered that maybe the letter got lost somewhere or my visa already curtailed without me knowing so I decided to search in this website to see if some people have/had similar problem. And Apparently yes, some people received curtailment letter months after they stop working/terminated.
BUT, someone also pointed out that I can see if my visa is curtailed or not by checking at government website for "Your RIGHT to WORK" using my BRP number, which I did. Upon Checking I was shocked that my "right to work" is changed. It was, no longer the T5 GAE visa that I applied for. It says that I can work in the UK Until 30 June 2021, and I can work in any job with a note: "to keep my rights after the end of EU exit I should apply for EU Settlement Scheme,etc" + It got my picture of when i was taking my Biometric Finger Print for EEA EFM.
I don't understand what does this mean. because the letter that I received was a SHORT COA which means I cannot work until they make the decision of my EEA EFM.
Does it means that my EEA EFM is approved?
Does it means that I can start finding job? because it has been months with no income it is draining my saving pretty fast.
Does it means my previous visa was not curtailed?
On the other note, is it possible for me to get married/form civil partnership while waiting for the decision? We were thinking to have back up plans in case my EEA EFM get rejected such as spouse visa or Eu settlement. I have calculated the time for giving notice (70days) period before able to get married/civil partnership. If we give notice in January we will able to get married/civil partnership before my visa ends.
Do you think this is possible?



I know this is long and complicated but I hope you guys can help me. Thank you so much for taking time to read and help me.

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Zerubbabel
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Re: EAA EFM Urgently need help

Post by Zerubbabel » Sat Nov 28, 2020 11:09 am

I can work in the UK Until 30 June 2021, and I can work in any job with a note: "to keep my rights after the end of EU exit I should apply for EU Settlement Scheme,etc" + It got my picture of when i was taking my Biometric Finger Print for EEA EFM.
The Right to Work site is an official tool. It it says this, it means exactly what it means.

I think your application has been approved. It's just matter of time before you receive the approval letter. As soon as you have the approval letter and the biometric permit (it comes in the letter), please apply immediately under the EU Settlement Scheme.

stopz
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Re: EAA EFM Urgently need help

Post by stopz » Sat Nov 28, 2020 2:31 pm

Zerubbabel wrote:
Sat Nov 28, 2020 11:09 am
I can work in the UK Until 30 June 2021, and I can work in any job with a note: "to keep my rights after the end of EU exit I should apply for EU Settlement Scheme,etc" + It got my picture of when i was taking my Biometric Finger Print for EEA EFM.
The Right to Work site is an official tool. It it says this, it means exactly what it means.

I think your application has been approved. It's just matter of time before you receive the approval letter. As soon as you have the approval letter and the biometric permit (it comes in the letter), please apply immediately under the EU Settlement Scheme.
Thank you for your reply, is this mean if I look for job now it will be fine?
I also see that there are people who receive wrong COA. is it possible that this is the case?

kamoe
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Re: EAA EFM Urgently need help

Post by kamoe » Sat Nov 28, 2020 3:33 pm

stopz wrote:
Sat Nov 28, 2020 4:41 am
Upon Checking I was shocked that my "right to work" is changed. It was, no longer the T5 GAE visa that I applied for. It says that I can work in the UK Until 30 June 2021, and I can work in any job with a note: "to keep my rights after the end of EU exit I should apply for EU Settlement Scheme,etc" + It got my picture of when i was taking my Biometric Finger Print for EEA EFM.
I don't understand what does this mean.
I agree with Zerubbabel, this in all likelihood means your EEA RC was approved and this has already been updated in the site. Specially because your recent picture taken for your EEA RC application is the one displayed.
because the letter that I received was a SHORT COA which means I cannot work until they make the decision of my EEA EFM.
Make an exercise of abstraction here. When did you get your COA? And when did you check the website? I bet there were at least a few weeks in-between?

They usually issue COAs right after application and before any consideration is given to your case, and cannot give you a long COA before your EEA RC is approved. Your short COA was correct, and not issued in error as you seem to suggest in your more recent post.

Now that you have checked the website and you are in a position to show that to a prospective employer, then having a short or long COA is completely irrelevant. Official website trumps piece of paper.
Does it means that my EEA EFM is approved?
As said above, in all likelihood, yes. You seem to have figured out a way for people to check the outcome of their application in advance!
Does it means that I can start finding job? because it has been months with no income it is draining my saving pretty fast.
Think about what you are asking. Even if you were not sure about the outcome of your application, you could by all means start to apply for jobs. It is not illegal to look for jobs. People look for jobs while abroad all the time, before they even have a sponsor. What is illegal, is to start employment without the proper permit or visa to do so.

What you might have meant to ask instead, is what you should tell any prospective employer when asked abut your right to work. Good news is that you already have the backing of the official website telling you have the right to work, which is the official way they will check. Because EEA RCs give a limited validity until 2021, you only need to add, if asked, that you will apply to the EU Settlement Scheme as soon as you have your card.
Does it means my previous visa was not curtailed?
No idea. It does not mean anything. It might or might not have been curtailed. Having a EEA RC would not in itself curtail your old visa.
On the other note, is it possible for me to get married/form civil partnership while waiting for the decision? We were thinking to have back up plans in case my EEA EFM get rejected such as spouse visa or Eu settlement. I have calculated the time for giving notice (70days) period before able to get married/civil partnership. If we give notice in January we will able to get married/civil partnership before my visa ends.
Do you think this is possible?
This does not seem to be relevant anymore, but I will answer for reference. The problem with this backup plan is that the Home Office needs to approve all weddings where one of the couple is from outside the EU. And anyone with soon-to-expire or expired visas are what usually triggers red flags. Not a wonderful backup plan. But not that you need to worry about this now.
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.

stopz
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Re: EAA EFM Urgently need help

Post by stopz » Sat Nov 28, 2020 4:33 pm

Hello,
Thank you for the reply,
To answer your question.
I receive my COA together with bio letter on 11 November it was dated on 6th November and submit my fingerprint on the 13th of November. I Check the website this morning at 4am (28 November). so it has not been that long.
On the "right to work" website, I can share the code for employer to see my "right to work" profile. So I decided to see my own profile on the employer website. In my profile, it stated a note to the employer that

"If you employ this person
To avoid a penalty, you must:

1.check this looks like the person you meet face to face
2.keep a secure copy of this online check (either electronically or in hard copy), for the duration of the employment and for 2 years after.
3.do this check again when their BRC expires on 30 June 2021"

From this, I really believe that this is 100% my EEA EFM application, the BRP number is no longer my T5 GAE.
But I am just not sure because that I saw it took months and months and months for HO to make a decision, and mine was way too fast to be true? I also saw some people receive Wrong COA, so I thought that maybe mine is the case. I receive the short COA, but somehow what website shows is wrong caused by human error.
is there any chance that this is the case? Is it worth it to contact HO and ask the COA department to confirm my right to work?

The reason why I asked if iam allowed to work is because I have a job offered to me. So, If I am allowed to work. I will just accept it and start my employment ASAP. I am just afraid that I am breaching some law here.

Regarding my backup plans, We knew that we will get interview by HO before getting married. We are genuine couple, and we do not want to get separated. Even if we get interviewed, can we say that we are marrying because we do not want to get separated? is it a valid and acceptable reason? of course we want to have big wedding with friends and family but it wont be possible if I have to go back to my own country and be separated.

stopz
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Re: EAA EFM Urgently need help

Post by stopz » Sat Nov 28, 2020 4:41 pm

kamoe wrote:
Sat Nov 28, 2020 3:33 pm
stopz wrote:
Sat Nov 28, 2020 4:41 am
Upon Checking I was shocked that my "right to work" is changed. It was, no longer the T5 GAE visa that I applied for. It says that I can work in the UK Until 30 June 2021, and I can work in any job with a note: "to keep my rights after the end of EU exit I should apply for EU Settlement Scheme,etc" + It got my picture of when i was taking my Biometric Finger Print for EEA EFM.
I don't understand what does this mean.
I agree with Zerubbabel, this in all likelihood means your EEA RC was approved and this has already been updated in the site. Specially because your recent picture taken for your EEA RC application is the one displayed.
because the letter that I received was a SHORT COA which means I cannot work until they make the decision of my EEA EFM.
Make an exercise of abstraction here. When did you get your COA? And when did you check the website? I bet there were at least a few weeks in-between?

They usually issue COAs right after application and before any consideration is given to your case, and cannot give you a long COA before your EEA RC is approved. Your short COA was correct, and not issued in error as you seem to suggest in your more recent post.

Now that you have checked the website and you are in a position to show that to a prospective employer, then having a short or long COA is completely irrelevant. Official website trumps piece of paper.
Does it means that my EEA EFM is approved?
As said above, in all likelihood, yes. You seem to have figured out a way for people to check the outcome of their application in advance!
Does it means that I can start finding job? because it has been months with no income it is draining my saving pretty fast.
Think about what you are asking. Even if you were not sure about the outcome of your application, you could by all means start to apply for jobs. It is not illegal to look for jobs. People look for jobs while abroad all the time, before they even have a sponsor. What is illegal, is to start employment without the proper permit or visa to do so.

What you might have meant to ask instead, is what you should tell any prospective employer when asked abut your right to work. Good news is that you already have the backing of the official website telling you have the right to work, which is the official way they will check. Because EEA RCs give a limited validity until 2021, you only need to add, if asked, that you will apply to the EU Settlement Scheme as soon as you have your card.
Does it means my previous visa was not curtailed?
No idea. It does not mean anything. It might or might not have been curtailed. Having a EEA RC would not in itself curtail your old visa.
On the other note, is it possible for me to get married/form civil partnership while waiting for the decision? We were thinking to have back up plans in case my EEA EFM get rejected such as spouse visa or Eu settlement. I have calculated the time for giving notice (70days) period before able to get married/civil partnership. If we give notice in January we will able to get married/civil partnership before my visa ends.
Do you think this is possible?
This does not seem to be relevant anymore, but I will answer for reference. The problem with this backup plan is that the Home Office needs to approve all weddings where one of the couple is from outside the EU. And anyone with soon-to-expire or expired visas are what usually triggers red flags. Not a wonderful backup plan. But not that you need to worry about this now.
Ah I am sorry, Upon checking, I realises that the picture on the website was the picture of T5 GAE visa. but the right to work is on the new EEA application. I am sorry, its picture of me I look the same on every picture.

kamoe
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Re: EAA EFM Urgently need help

Post by kamoe » Sat Nov 28, 2020 6:20 pm

stopz wrote:
Sat Nov 28, 2020 4:33 pm
I receive my COA together with bio letter
Which only means what I told you before: That COAs are issued before any consideration is given to the case. By default, unmarried partner applicants, and other extended family member applicants, get short COA, since you have absolutely no rights before your case is assessed.

So in your case a short COA is the correct COA to have received, period. Stop wasting your time thinking there was a mistake.
on 11 November it was dated on 6th November and submit my fingerprint on the 13th of November. I Check the website this morning at 4am (28 November). so it has not been that long.
As I said, a few weeks passed between the two. That is long enough during a season with very few applicants. The latest timelines report one month's turnaround time. My second EEA RC was processed within three weeks. Not implausible that yours was approved in the timeline you describe, considering you have not received the card or any official notification.
On the "right to work" website, I can share the code for employer to see my "right to work" profile. So I decided to see my own profile on the employer website. In my profile, it stated a note to the employer that

"If you employ this person
To avoid a penalty, you must:

1.check this looks like the person you meet face to face
2.keep a secure copy of this online check (either electronically or in hard copy), for the duration of the employment and for 2 years after.
3.do this check again when their BRC expires on 30 June 2021"

From this, I really believe that this is 100% my EEA EFM application, the BRP number is no longer my T5 GAE.
Yes, correct, this is all you need to prove your current right to work.
But I am just not sure because that I saw it took months and months and months for HO to make a decision, and mine was way too fast to be true?
Again, check the latest timelines. It is true that EEA RCs have been known to take over 6 months, but that has varied throughout the years. My first one back in 2015 took 5 months, the second, in 2018, took 3 weeks. Your best indicator is always the average of how long they have taken over the last month, and currently that indicates an average of 3-5 weeks turnaround time.
I also saw some people receive Wrong COA, so I thought that maybe mine is the case.
Take that as a pinch of salt. I find that most of the time people who report to have received "a wrong COA" just don't understand the rules. That being said, caseworkers are humans, and human errors happen. But I also find this is the exception and not the rule.
I receive the short COA, but somehow what website shows is wrong caused by human error.
You received the right COA at the time your COA was issued. Period.

The website does not show your COA is wrong, nor does it say it was issued in error. It simply shows your case has now been assed (when your COA was issued your case had not been assed), and likely your card has now been issued and it's on its way.

Do you realise you are yourself an example of someone claiming that their COA is wrong, when it isn't?
is there any chance that this is the case? Is it worth it to contact HO and ask the COA department to confirm my right to work?
No. And No. Just wait for your EEA RC to arrive.
The reason why I asked if iam allowed to work is because I have a job offered to me.
Then why did you ask if you can "start finding a job"?
So, If I am allowed to work. I will just accept it and start my employment ASAP. I am just afraid that I am breaching some law here.
You have used the official tool to confirm your right to work, and you have been told you have the right to work. You will not be found to be at fault in any case.
Regarding my backup plans, We knew that we will get interview by HO before getting married. We are genuine couple, and we do not want to get separated. Even if we get interviewed, can we say that we are marrying because we do not want to get separated? is it a valid and acceptable reason? of course we want to have big wedding with friends and family but it wont be possible if I have to go back to my own country and be separated.
You are a couple who have just proved they are in a durable relationship. No need of much explanation as to why you are getting married. In any case, if at all you are called for interview, no better call than to answer with the truth.

For covid reasons, a big wedding will probably not be possible before summer 2021.
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.

stopz
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Re: EAA EFM Urgently need help

Post by stopz » Sat Nov 28, 2020 7:19 pm

Thank you for replying Kamoe,
Sorry for the choice of wording here, What I am trying to say is that I know I receive a correct COA,but maybe there is a human error while putting it on the website. But I understand what you said clearly.
I Hope that I will get my RC and end this misery then :).

I just wanted double check that If I take any employment now, I will not breaching any law right?
In case there might be human error happened when confirming my right to work.

I will surely posted if I heard anything or get my cards.

Once again, thank you for the help.

kamoe
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Re: EAA EFM Urgently need help

Post by kamoe » Sat Nov 28, 2020 7:49 pm

stopz wrote:
Sat Nov 28, 2020 7:19 pm
I just wanted double check that If I take any employment now, I will not breaching any law right?
In case there might be human error happened when confirming my right to work.
Does the website say the start date of your right to work? That can make a difference between you breaching any laws or not.

You can for sure state to your employer that you have the right to work, and invite them to check for themselves, but best to have the EEA RC card in your hands and make sure the start date on your contract is on or after the issue date of the card.
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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Zerubbabel
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Re: EAA EFM Urgently need help

Post by Zerubbabel » Sun Nov 29, 2020 6:00 pm

kamoe wrote:
Sat Nov 28, 2020 7:49 pm
stopz wrote:
Sat Nov 28, 2020 7:19 pm
I just wanted double check that If I take any employment now, I will not breaching any law right?
In case there might be human error happened when confirming my right to work.
Does the website say the start date of your right to work? That can make a difference between you breaching any laws or not.

You can for sure state to your employer that you have the right to work, and invite them to check for themselves, but best to have the EEA RC card in your hands and make sure the start date on your contract is on or after the issue date of the card.
Many employers I know are nervous these days. Usually HR departments insist that either you have a card in hand or a CoA with the right to work.

stopz
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Re: EAA EFM Urgently need help

Post by stopz » Sun Nov 29, 2020 8:01 pm

Zerubbabel wrote:
Sun Nov 29, 2020 6:00 pm
kamoe wrote:
Sat Nov 28, 2020 7:49 pm
stopz wrote:
Sat Nov 28, 2020 7:19 pm
I just wanted double check that If I take any employment now, I will not breaching any law right?
In case there might be human error happened when confirming my right to work.
Does the website say the start date of your right to work? That can make a difference between you breaching any laws or not.

You can for sure state to your employer that you have the right to work, and invite them to check for themselves, but best to have the EEA RC card in your hands and make sure the start date on your contract is on or after the issue date of the card.
Many employers I know are nervous these days. Usually HR departments insist that either you have a card in hand or a CoA with the right to work.
I will make sure to wait for my BRC to come before accepting or taking any employment. I hope it goes through. fingers crossed. I will update when I get anything :) thank you

stopz
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Re: EAA EFM Urgently need help

Post by stopz » Tue Dec 01, 2020 11:56 am

Well Everyone, Yesterday I did "Request Documents back" from the government website and today Home Office give me a call and stated that my documents were sent back last Thursday because the decision was made on Thursday. It says it has been approved and my card were produced yesterday and should arrive within 7 days. Thank you everyone who gave answer to my frustration post :).

stopz
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continuous residence - EU Settlement Scheme

Post by stopz » Wed Dec 16, 2020 1:07 am

Good Evening,
Im NON-EU and unmarried partner of EEA.
I received my EEA Residence card on 27-11-2020. Received a pre settle status on EU Settlement Scheme on 15th December 2020.
My Question is, regarding Continuous Residence(5 years) to get Settle Status. Does the count start when I receive my EEA Residence Card and become a family member of my Partner? I came here back in April 2016. Under UK law Tier 4 visa does not count towards settlement, but I just wonder if it is the same case as EU Settlement.
So when does this period of continuous residence start?

Thank you

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CR001
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Re: continuous residence - EU Settlement Scheme

Post by CR001 » Wed Dec 16, 2020 5:22 am

Does the count start when I receive my EEA Residence Card and become a family member of my Partner?

Yes.
I came here back in April 2016. Under UK law Tier 4 visa does not count towards settlement, but I just wonder if it is the same case as EU Settlement.
Tier 4 time doesn't count.
So when does this period of continuous residence start?
From the date on your EEA residence card.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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