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IMPORTANT UPDATE

There are provisions for late applications for those who missed the June 30th deadline. New Covid provisions for EU Settlement applications have been published. They include Provisions allowing an absence of over 12 months for people with pre-settled status, a provision for a second absence of up to 12 months and for choosing to spend time out of the UK over Covid related issues.

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EU settlement scheme through Surinder Singh route

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  • LAWYER RESPONSE EU settlement scheme through Surinder Singh route

    Hello everyone, I would like to get some advice on applying for EU settlement scheme via the Surinder Singh route.

    I am a non eu-citizen married to a british/irish national, he was born in the UK but has irish nationality through his dad. We got married in Mexico and moved to Spain because my partner got a job there. We were there from January to August 2020. I managed to obtain my family member residence through his irish nationality, however I never managed to obtain the actual card (there were no appointments in Spain at that moment because of COVID and there still aren't any).

    This is where things get tricky. In August we moved to the UK because we both got job offers, I entered with a Tier 2 visa and we have been living here together since then. I am very confused as to whether I should actually apply for the EU settlement scheme or switch to a family visa (spouse). I was advised that I should apply to the EU settlement scheme because of my partners irish nationality, however, the actual people on the helpline told me that I could only apply via the surinder singh route.

    My main concerns are:

    1. should I attempt to apply through this route, and if so do I need to do anything before I apply for this (read somewhere else that I should have applied for a EEA family residence card but I am already in the UK).
    2. If I get rejected for this, will it affect my current migration status in the UK?
    3. Any clear advice as to I should either apply online by using my partners irish nationality?
    4. Any other advice would be greatly welcomed.

    Thanks everyone I appreciate the time and effort.

  • #2
    Olga M (lawyer) Would you be able to comment on this?

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

    Comment


    • #3
      Originally posted by rnavarro24 View Post

      My main concerns are:

      1. should I attempt to apply through this route, and if so do I need to do anything before I apply for this (read somewhere else that I should have applied for a EEA family residence card but I am already in the UK).
      2. If I get rejected for this, will it affect my current migration status in the UK?
      3. Any clear advice as to I should either apply online by using my partners irish nationality?
      4. Any other advice would be greatly welcomed.

      Thanks everyone I appreciate the time and effort.
      1. Nothing should stop you to try (if you have the correct evidence), it's free and will not affect your current leave .
      2. No, if EUSS is refused, it will not affect your TIER2 leave as long as you observe the conditions of your leave
      3. No you can not apply online, because your partner is dual national. I understand that your partner is British from birth and therefore it would be Surinder Singh application if you meet the conditions.
      4. You are welcome

      I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Olga M for full details.

      Comment


      • #4
        Originally posted by Olga M View Post

        1. Nothing should stop you to try (if you have the correct evidence), it's free and will not affect your current leave .
        2. No, if EUSS is refused, it will not affect your TIER2 leave as long as you observe the conditions of your leave
        3. No you can not apply online, because your partner is dual national. I understand that your partner is British from birth and therefore it would be Surinder Singh application if you meet the conditions.
        4. You are welcome
        Thank you very much, I appreciate the advice. Just one question, should I apply for the EEA family residence card or is it no longer necessary?

        Comment


        • #5
          Originally posted by rnavarro24 View Post

          Thank you very much, I appreciate the advice. Just one question, should I apply for the EEA family residence card or is it no longer necessary?
          Olga M

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

          Comment


          • #6
            No, it is no longer relevant and you can apply to EUSS directly.

            I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Olga M for full details.

            Comment


            • #7
              Originally posted by Olga M View Post
              No, it is no longer relevant and you can apply to EUSS directly.
              Great, thank you so much for your help I really appreciate it!

              Comment


              • #8
                HAPPY ENDING



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                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                Comment

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