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EU Settlement Scheme : Re-applying for pre-settled status and evidences required

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  • #31
    Originally posted by ijk View Post

    Hello,

    Have you got any updates from EUSS on this issue?
    Site Admin

    I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #32
      Originally posted by ijk View Post

      Hello,

      Have you got any updates from EUSS on this issue?
      I'm afraid not, responses may take a few days or longer at times.

      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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #33
        I'm afraid not, responses may take a few days or longer at times.
        Hello,

        Thanks for your reply. Can we request the EUSS if they can reply at least before 30-June-2021 as that being the last date to apply for EU Settlement Scheme. If they reply after 30-June-2021 then it will be of no use even if someone wants to re-apply for EU Settlement Scheme.

        Thanks for taking this ahead and keeping an eye on it. I really appreciate your efforts.

        Comment


        • #34
          Originally posted by ijk View Post

          Hello,

          Thanks for your reply. Can we request the EUSS if they can reply at least before 30-June-2021 as that being the last date to apply for EU Settlement Scheme. If they reply after 30-June-2021 then it will be of no use even if someone wants to re-apply for EU Settlement Scheme.

          Thanks for taking this ahead and keeping an eye on it. I really appreciate your efforts.
          Site Admin

          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #35
            Originally posted by ijk View Post

            Hello,

            Thanks for your reply. Can we request the EUSS if they can reply at least before 30-June-2021 as that being the last date to apply for EU Settlement Scheme. If they reply after 30-June-2021 then it will be of no use even if someone wants to re-apply for EU Settlement Scheme.

            Thanks for taking this ahead and keeping an eye on it. I really appreciate your efforts.
            Afternoon,

            Just to clarify, the reason for contacting them on this was because it looked like they were giving out the wrong information and, obviously, that wasn't very helpful if others also received the wrong info, not because we really needed to confirm that a new application does not revoke the original status, that's already written in the guidance in BW as per our earlier discussions. You don't need to take my word for it, you can see for yourself how they are instructed to handle multiple applications, there is no mention of a second one revoking the first, only that, if successful, the second would extend the validity of the pre-settled status. So the question was just for them to make sure those who deal with enquiries do give out the correct info.

            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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #36
              Afternoon,

              Just to clarify, the reason for contacting them on this was because it looked like they were giving out the wrong information and, obviously, that wasn't very helpful if others also received the wrong info, not because we really needed to confirm that a new application does not revoke the original status, that's already written in the guidance in BW as per our earlier discussions. You don't need to take my word for it, you can see for yourself how they are instructed to handle multiple applications, there is no mention of a second one revoking the first, only that, if successful, the second would extend the validity of the pre-settled status. So the question was just for them to make sure those who deal with enquiries do give out the correct info.
              Hello,

              Thanks you for your reply.

              I called them on 11-June-2021 and asked the same question to the advisor if the 2nd pre-settle application is rejected then what will happen to the 1st application. And this time as well, I was told by the advisor that if the 2nd application gets rejected then it will surely replace the 1st successful application, even though this information is not mentioned in the guidance.

              However, I was also told that, this policy is under review and the advisor does not know if the review will be completed by 30-June-2021 or not and what the final decision will be. I thought since someone has escalated this, the EUSS has taken a note of it and started working on it. In order to check if the policy is finalized, I called the EUSS on 15-June-2021 and asked the advisor if there is any decision made on the policy. Advisor on the call said that he has no idea on it.

              I also sent the same query to their online form a month ago so that I will get the reply. I got their reply and as expected it was of no use because they have mentioned in the email the steps how to apply for EU Settlement Scheme, How to apply as an EU national without a biometric passport, How to apply as a non-EEA National without a biometric residence card, How to apply for a child, How to apply with no identity document or an expired document.... My query was not answered ! From this, it seems that they have an automated email which is sent to to any kind of query.

              At least it is good to know that this particular policy is under review but it will be bad if the policy is not finalized before 30-June-2021.

              Policy being reviewed shows that the EUSS is thinking over it and if the 2nd rejected pre-settle status application is not replacing the 1st successful status (as per you), then why would there be a need to review it?

              Comment


              • #37
                Originally posted by ijk View Post

                Hello,

                Thanks you for your reply.

                I called them on 11-June-2021 and asked the same question to the advisor if the 2nd pre-settle application is rejected then what will happen to the 1st application. And this time as well, I was told by the advisor that if the 2nd application gets rejected then it will surely replace the 1st successful application, even though this information is not mentioned in the guidance.

                However, I was also told that, this policy is under review and the advisor does not know if the review will be completed by 30-June-2021 or not and what the final decision will be. I thought since someone has escalated this, the EUSS has taken a note of it and started working on it. In order to check if the policy is finalized, I called the EUSS on 15-June-2021 and asked the advisor if there is any decision made on the policy. Advisor on the call said that he has no idea on it.

                I also sent the same query to their online form a month ago so that I will get the reply. I got their reply and as expected it was of no use because they have mentioned in the email the steps how to apply for EU Settlement Scheme, How to apply as an EU national without a biometric passport, How to apply as a non-EEA National without a biometric residence card, How to apply for a child, How to apply with no identity document or an expired document.... My query was not answered ! From this, it seems that they have an automated email which is sent to to any kind of query.

                At least it is good to know that this particular policy is under review but it will be bad if the policy is not finalized before 30-June-2021.

                Policy being reviewed shows that the EUSS is thinking over it and if the 2nd rejected pre-settle status application is not replacing the 1st successful status (as per you), then why would there be a need to review it?
                Hello again,

                As per my post on the other thread, I have forwarded a further enquiry about this after yesterday's meeting:

                A number of people who broke their continuity of residence due to Covid decided to make a new application for pre-settled status to restart their residence, this was also indicated in the previous version of the Covid provisions published at the end of December 2020 and provided for in the guidance, where it is stated that a new grant of pre-settled status would extend the validity of the current leave, while the start date of their leave remains the unchanged. However, when contacting the EUSS resolution centre over the phone, people have been told that, in the event their second application for pre-settled status was unsuccessful on eligibility grounds (usually because they were not able to prove residence under 6 months ago, despite being here before the end of last year), their original leave would be revoked, effectively leaving them out of status! This is in direct contradiction to what the written guidance says, and it’s quite concerning that people are being told their initial status would be revoked.
                I can't see how this particular policy can be "under review", I suspect they may have got things mixed up with the Covid provisions to allow extra time out of the UK, those were the ones under review, you will recall they had been withdrawn back in April/May and only replaced with the new ones a week ago. You may remember that the old provisions ended up saying "If you broke your residence by spending more than 12 months out of the UK, you need to restart your residence period before the end of December 2020". Which tied in with the need to make a new application, as that would be the only way to restart your residence. Under the new provisions, there is even an allowance to spend over 12 months out of the UK, so this is very likely the policy that was under review and not the one about multiple applications, but this ties in, because people were making new applications as instructed in the old provisions from December, if you see what I mean.

                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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #38
                  hi, i dont understand. Doesnt the clock of your absence from the Uk start from where you actually left the UK? Not when you were granted the PSS?

                  Comment


                  • #39
                    Originally posted by zarag View Post
                    hi, i dont understand. Doesnt the clock of your absence from the Uk start from where you actually left the UK? Not when you were granted the PSS?
                    Well, yesterday I sent an enquiry to the Home Office, their (very long) response was as follows:


                    Originally posted by EEA Applications said
                    Our Policy colleagues have informed that under both EU free movement and the EU Settlement Scheme, any EEA citizen will be allowed a single period of absence of up to 12 months in any five year continuous qualifying period where that absence is for an important reason. Usually, those important reasons include overseas study, childbirth and things of that nature, but it can also include serious illness.

                    In regards to those EEA citizens who have been outside of the UK because of the COVID-19 pandemic, the Government’s current position is that if an EEA citizen, or a person with whom they are living, is suffering from the disease and they are either too ill to travel or forcibly in quarantine for public health reasons, we will consider an absence in excess of six months (but less than 12 months) to be for an important reason, thus the EEA citizen would be able to maintain their residence in the UK.

                    The latest guidance in relation to COVID based absences from the UK is contained within the link below, this reflects our latest policy position adopted to account for the limited time that is now left before the end of the grace period on the 30 June 2021.

                    Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK (Welcome to GOV.UK)

                    In terms of extended or prolonged absences from the UK I would proceed to direct you to the definitions section of Appendix EU duly paying particular attention to the information pertaining to the continuous qualifying period which I have copied below for your assistance:
                    Continuous qualifying period a period of residence in the UK and Islands (save in condition 3 in the table in paragraph EU12 of this Appendix; in condition 2 in the table in paragraph EU14 of this Appendix; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table; in sub-paragraph (c) of the entry for ‘person who has ceased activity’ in this table; and in the entry for ‘person with a derivative right to reside’ and for ‘person with a Zambrano right to reside’ in this table, where (in each case) the period of residence must be in the UK and the reference in sub-paragraphs (b)(i) and (ii) below to the UK and Islands is to be read as a reference to the UK):
                    (a) which began before the specified date; and
                    (b) during which none of the following occurred:
                    (i) absence(s) from the UK and Islands which exceeded a total of six months in any 12-month period, except for:
                    (aa) a single period of absence which did not exceed 12 months and was for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting); or
                    (bb) any period of absence on compulsory military service; or
                    (cc) any period of absence on a posting on Crown service or (as a spouse, civil partner, durable partner or child) any period of absence accompanying a person on a posting on Crown service; or
                    (dd) any period spent working in the UK marine area (as defined in section 42 of the Marine and Coastal Access Act 2009); or
                    (ii) the person served or is serving a sentence of imprisonment of any length in the UK and Islands; or
                    (iii) any of the following, unless it has been set aside or no longer has effect in respect of the person:
                    (aa) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the Immigration (European Economic Area) Regulations of the Isle of Man); or
                    (bb) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1) of the EEA Regulations (or the equivalent decision, subject to the equivalent qualification, under the Immigration (European Economic Area) Regulations of the Isle of Man); or
                    (cc) an exclusion decision; or
                    (dd) a deportation order, other than by virtue of the EEA Regulations; or
                    (ee) an Islands deportation order; or
                    (ff) an Islands exclusion decision; and
                    (c) (where – save for the purposes of the reference to continuous qualifying period in condition 6 in the table in paragraph EU11 of this Appendix and in sub-paragraph (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table (as that reference applies to, as the case may be, the relevant EEA citizen or the qualifying British citizen) – the period is less than five years and the person has not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man) which continues at the date of application
                    I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.

                    To this end under the terms of the Withdrawal Agreement, any EU citizen resident in the UK by the end of the transition period on 31 December 2020, and granted status under the EU Settlement Scheme, can be joined in the UK at any point in the future by their existing close family members (a spouse, civil partner, durable partner, child or dependent parent) who live overseas at the end of the transition period, where the relationship existed then and continues to exist when the family member seeks to come to the UK.

                    That family member will be able to apply for status under the scheme to remain here with the EU citizen. They will need to provide proof as entitlement to apply as a family member of relevant EU citizen. They do not need to have entered the UK under the EU Settlement Scheme.”

                    Provisions for joining family members have been incorporated into Appendix EU, specifically through the new rule EU11A.

                    The relevant changes to the Immigration Rules (HC 813) were laid in Parliament on 22 October, the Statement of Changes and Explanatory Memorandum can be found at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-813-22-october-2020 and the associated Written Ministerial Statement at https://questions-statements.parliament.uk/written-statements/detail/2020-10-22/hcws533.

                    I trust that this information adequately clarifies the position.

                    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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #40
                      As can be seen above, it's perfectly fine to re-apply. As for when the period starts, you simply need to have built up enough residence to be able to obtain settled status by the date when your pre-settled expires, subject to the provisions noted above. But you don't need to wait till it expires if you are able to show 5 years' residence before then, that's just your ultimate deadline.

                      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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #41
                        Sorry Site Admin for stupidity again, but I do not understand that answer at all. Does your absence count from the day you left the UK or the granting of your status?

                        Comment


                        • #42
                          sorry, I do not know how to quote, but the following bits are a little unclear:

                          "In regards to those EEA citizens who have been outside of the UK because of the COVID-19 pandemic, the Government’s current position is that if an EEA citizen, or a person with whom they are living, is suffering from the disease and they are either too ill to travel or forcibly in quarantine for public health reasons, we will consider an absence in excess of six months (but less than 12 months) to be for an important reason, thus the EEA citizen would be able to maintain their residence in the UK."

                          >> this is not in line with what has been circulated about the consideration up to 12 months for e.g. choosing a country where there are less restrictions, or what am I missing?


                          Point 2

                          I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.

                          .> Doesnt the bolded bit mean that you would need to be in the UK to reapply even if you were in the UK on 31 December 2021?

                          Many thanks for your continued help.

                          Comment


                          • #43
                            Hello again,

                            As per my post on the other thread, I have forwarded a further enquiry about this after yesterday's meeting:

                            A number of people who broke their continuity of residence due to Covid decided to make a new application for pre-settled status to restart their residence, this was also indicated in the previous version of the Covid provisions published at the end of December 2020 and provided for in the guidance, where it is stated that a new grant of pre-settled status would extend the validity of the current leave, while the start date of their leave remains the unchanged. However, when contacting the EUSS resolution centre over the phone, people have been told that, in the event their second application for pre-settled status was unsuccessful on eligibility grounds (usually because they were not able to prove residence under 6 months ago, despite being here before the end of last year), their original leave would be revoked, effectively leaving them out of status! This is in direct contradiction to what the written guidance says, and it’s quite concerning that people are being told their initial status would be revoked.


                            Site Admin Sorry to bother you, have you got any updates on this issue from EUSS, why the advisors give contradicting information on the call?

                            Thanks for your continuous support!

                            Comment


                            • #44
                              Originally posted by ijk View Post

                              Site Admin Sorry to bother you, have you got any updates on this issue from EUSS, why the advisors give contradicting information on the call?

                              Thanks for your continuous support!
                              Morning

                              Although I have not received a response regarding that specific enquiry, I made a slightly different enquiry and I received the following response:

                              Originally posted by EEA Applications said
                              I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.
                              Although the response came from the generic EEA Applications email address, I do have the full details of the person who provided this response, which shall remain private as agreed, however, should anyone experience any issues with a second application, they could easily be referred back to the above response.

                              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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                              Comment


                              • #45
                                Hello Site Admin ,

                                I have an update on this issue. Yesterday I call EUSS and spoke to the advisor and asked the same question - "What will happen to the 1st successful pre-settle application if the 2nd pre-settle application is rejected ?".

                                I was told that, they have received an email from their head according to which even if the 2nd pre-settle application is rejected, it will not replace the 1st successful application. However, in that case the person needs to request EUSS to remove the 2nd rejected application from his record, otherwise, it will show the latest status as rejected.

                                I asked the advisor if she can forward that email to me or point me if it is mentioned in gov.uk site. Advisor informed the she can not forward that to me as that email was from their internal communication and also it is not mentioned in the gov.uk site

                                This was something new for me hence thought of sharing with you.

                                Comment

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