EUSS for non-EU partner

[vinny]

In what way did you "become" an EU citizen in 2021?

[Joseph_Gill]

In what way did you "become" an EU citizen in 2021?

Thanks vinny.

By Naturalisation.

Also, I have just realized that in my pattern's application form there was the following question (with drop-down answers- see below the selected answer):

Question: How are you applying?
Answer: Based on your relationship to someone eligible for the EU Settlement Scheme or a person of Northern Ireland.

Base on the above question and the answers available, it seems like the key criteria is to have a sponsor eligible for the EUSS - I was granted a pre-settled status!

Please, let me know your thoughts.

Cheers
Joseph

[vinny]

I agree you may have problems, if you were not a relevant EEA citizen prior to the specified date.

Even if they don’t revoke your pre-settled status now, I agree they may refuse your settled status applications in the future.

[Joseph_Gill]

I agree you may have problems, if you were not a relevant EEA citizen prior to the specified date.

Even if they don’t revoke your pre-settled status now, I agree they may refuse your settled status applications in the future.

Does it mean that if the casework makes a mistake the applicant would endure the consequences? I can believe everything except this! I believe that there is justice.

All the information/details I shared with the HO are correct and I used to hold a Global Talent visa - I will settle either way.

Please vinny, let me know your thoughts.

Regards
Joseph

[kamoe]

A few things:

I have just contacted the EU resolution center and they said that I am eligible for a pre-settled status that's why I was granted with it - but as I become an EU citizen in 2021, I cannot sponsor!

The EU resolution centre is not a legal immigration advice service. They do not employ qualified immigration solicitors to answer their phones. Their line is open to answer general questions regarding the scheme, not to provide advice to complex cases, nor to comment with legal authority on a specific decision made.

It is not the first time I hear that faced with a question demanding actual knowledge of the terms of the withdrawal agreement, the EU resolution centre provides incorrect information (anyone with the minimal basic understanding of the terms of the withdrawal agreement will tell you straight away what I already told you three times). Only someone who does not understand the nature of the withdrawal agreement would tell you that you qualify for the scheme but cannot sponsor a family member. That would breach the basic rights the withdrawal agreement seeks to protect.

I also tried to talk to several legal immigration advisers but they did not manage to assist me on that!

What exactly do you mean by this? It's their job. What reason did they tell you for their refusal to take your case?

Please note that you need to pay for good service. This probably cannot be solved with a free consultation; some solicitors might offer this, but some don't, and in any case you cannot expect people to give you their time for free, specially when you have an atypical case.

CR001, manci, would you like to advise whether my partner would be able to extend her PBS Dependent visa while me being under the EUSS?

Curious to see if others have a different opinion on this, but to me it does not make sense for your partner to be able to extend their leave as PBS Dependent if you do not yourself have a PBS visa.

[kamoe]

Base on the above question and the answers available, it seems like the key criteria is to have a sponsor eligible for the EUSS

Correct. That is the key criteria.

- I was granted a pre-settled status!

You were granted pre-settled status... IN ERROR.

You are not eligible for the EUSS, therefore, you cannot sponsor. That is why I said that the refusal of your partner's application was a solid confirmation that your status was granted in error. There is no contradiction there.

[Joseph_Gill]

Base on the above question and the answers available, it seems like the key criteria is to have a sponsor eligible for the EUSS

Correct. That is the key criteria.

- I was granted a pre-settled status!

You were granted pre-settled status... IN ERROR.

You are not eligible for the EUSS, therefore, you cannot sponsor. That is why I said that the refusal of your partner's application was a solid confirmation that your status was granted in error. There is no contradiction there.

Thanks kamoe.

That error was made by a caseworker not by me or any member of my family. In that case, would it be reasonable - justice wise - that myself, my partner and our upcoming child endure the consequences of that error? Can you comment on that please.

Cheers
Joseph

[kamoe]

That error was made by a caseworker not by me or any member of my family. In that case, would it be reasonable - justice wise - that myself, my partner and our upcoming child endure the consequences of that error? Can you comment on that please.

You are going on a tangent, and you are wasting time.

At this point it makes little difference what individual members of this forum think of how and why you got to your current situation. Remember, under forum aliases we are not acting in any professional capacity, so comments won't help you here. What matters is what concrete actions you take, with the support of a qualified immigration solicitor.

You have been made aware of an error in your case. You have already been given a substantial amount of comment. Good luck.

[CR001]

Curious to see if others have a different opinion on this, but to me it does not make sense for your partner to be able to extend their leave as PBS Dependent if you do not yourself have a PBS visa.

@kamoe already answered in a topic OP started on Friday, now locked

indefinite-leave-to-remain/pbs-dependen ... l#p2082714

[vinny]

That error was made by a caseworker not by me or any member of my family. In that case, would it be reasonable - justice wise - that myself, my partner and our upcoming child endure the consequences of that error? Can you comment on that please.

Unfortunately, it’s self-evident from successful Appeals and ARs that the UKVI do make mistakes. The complexity of the rules hugely contribute to mistakes. Most mistakes are against the immigrants but some are for them.

If they had mistakenly granted you Indefinite leave instead, then I think they may have more difficulties in revoking it, although some try.

A recent judgment apparently found it reasonable for a blameless child to suffer from their mistake.

[kamoe]

The point I was trying to make is that it will be more useful to your particular case if you hired a qualified immigration solicitor, who would advise on next steps and can provide professional comment, rather than relying on anonymous comments here.

Whilst we are all here to help, only a registered adviser is allowed to give you immigration advice on the precise next steps you should take. (Anyone else attempting to tell you what to do would be acting illegally). Keep that in mind.

[JB007]

Base on the above question and the answers available, it seems like the key criteria is to have a sponsor eligible for the EUSS

Correct. That is the key criteria.

- I was granted a pre-settled status!

You were granted pre-settled status... IN ERROR.

You are not eligible for the EUSS, therefore, you cannot sponsor. That is why I said that the refusal of your partner's application was a solid confirmation that your status was granted in error. There is no contradiction there.

Thanks kamoe.

That error was made by a caseworker not by me or any member of my family. In that case, would it be reasonable - justice wise - that myself, my partner and our upcoming child endure the consequences of that error? Can you comment on that please.

Cheers
Joseph

It seems from your posts that you are after 3 things? Therefore shouildn't your questions be: what have you achieved by being granted pre-settled status in error?

Will you be granted settlemed status in 5 years time?
Will your partner be able to get settlement?
Will your baby be British?

If the answers are that you being granted pre-settled status in error will not give that, then perhaps you should look at ways to achieve what you want. As kamoe has repeatedly said, you need advise from an immigration solicitor.

What nobody has mentioned; but I assume you know; is that as you are now a French citizen, you can use Free Movement to live in an EEA country or Switzerland. Your familly members can live there with you and all be on route to settlement under the EU regulations.

[kamoe]

Also, do not get the below buried in all the substantive comments already made:

I also tried to talk to several legal immigration advisers but they did not manage to assist me on that!

What exactly do you mean by this? It's their job. What reason did they tell you for their refusal to take your case?

Please note that you need to pay for good service. This probably cannot be solved with a free consultation; some solicitors might offer this, but some don't, and in any case you cannot expect people to give you their time for free, specially when you have an atypical case.

[kamoe]

I just noticed your are planning to go abroad, according to what you say in this recent post.

Has there been any progress, or any further communication with the case worker, since your latest comments above?