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non-EU spouse of EEA (pre-settled status) -- procedures from EU Settlement Scheme Family permit to Pre-settled status

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  • non-EU spouse of EEA (pre-settled status) -- procedures from EU Settlement Scheme Family permit to Pre-settled status

    Dear all,


    Many thanks for your helpful website. I have a question concerning my wife’s application to Pre-Settled status. I am an EU citizen living and working in the UK and with Pre-settled status. My wife is American living and working in the US, and she just got her EU Settlement Scheme family permit, available until January 2020. She does not have a biometric residence card.

    About the next step for her application to pre-settled status:

    If we understand correctly:
    • She cannot apply to the pre-settled status with the EU Exit Android Application because she does not have a biometric residence card (required)
    • She cannot submit the online application of settlement scheme (Link), because, when invited to “Go to an identity document scanning location”, locations she is invited to use requires an EU biometric passport, which does not apply to her US passport.

    Should she:
    • book an appointment directly on ukvcas.co.uk? But this implies an UKVI account, that she cannot get on the webpage for the EU settlement scheme application, as mentioned above.
    • Any other route we are not seeing?

    Alternately: she already gave her biometric information for her EU SS Family visa (last July, outside of UK), perhaps it means she does not have to give them again (even though we doubt this)?


    Many thanks in advance for your help, and apologies if a similar case was discussed already,

  • #2
    Originally posted by JCPP View Post
    Dear all,

    Many thanks for your helpful website. I have a question concerning my wife’s application to Pre-Settled status. I am an EU citizen living and working in the UK and with Pre-settled status. My wife is American living and working in the US, and she just got her EU Settlement Scheme family permit, available until January 2020. She does not have a biometric residence card.

    About the next step for her application to pre-settled status:

    If we understand correctly:
    She cannot apply to the pre-settled status with the EU Exit Android Application because she does not have a biometric residence card (required)
    Morning,

    That is correct, the main reason for this is that people from outside the EU need to be issued with a biometric document to travel, unless they already have one, they need to enroll biometrics in order to be issued with this document.

    Originally posted by JCPP View Post
    She cannot submit the online application of settlement scheme (Link), because, when invited to “Go to an identity document scanning location”, locations she is invited to use requires an EU biometric passport, which does not apply to her US passport.
    There are two separate steps here. The application is still done online, however, for the purpose of identity verification, a different type of appointment is required, the ID scanning centres are just for people who haven't got a suitable Android phone to scan their documents, but who don't need to do biometrics. The centres in question don't need to be equipped with biometric equipment.

    Originally posted by JCPP View Post
    Should she:
    book an appointment directly on ukvcas.co.uk? But this implies an UKVI account, that she cannot get on the webpage for the EU settlement scheme application, as mentioned above.
    UKVCAS appointments can only be booked as part of an application and not directly.

    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


    • #3
      Originally posted by JCPP View Post
      Any other route we are not seeing?
      Yes, there is, it is described here: Applying without a valid biometric residence card (non EEA family members) - UKCEN Citizenship and Residence for European Nationals and their families

      Please note that the wording isn't very clear, since the box is labelled "By post", however, the passports get checked at the biometrics appointment, so they are not really sent by post.

      The form explains the process to book the biometrics appointment and what to do next.

      Originally posted by JCPP View Post
      Alternately: she already gave her biometric information for her EU SS Family visa (last July, outside of UK), perhaps it means she does not have to give them again (even though we doubt this)?
      You are correct in doubting it, since she will need to be issued with a biometric card under the EUSS, this information will have to be provided again at the appointment.

      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


      • #4
        Please note that biometrics and passport verification is just a preliminary step, the rest of the application still has to be completed using the online form as noted here: How to apply for settled or pre-settled status - UKCEN Citizenship and Residence for European Nationals and their families

        You may also want to look at this post regarding evidence for family members: Evidence for family members - UKCEN Citizenship and Residence for European Nationals and their families

        Also note that, while the application for the EUSS family permit has to be made outside the UK, the one for pre-settled status has to be made in the UK in order to be able to complete the process noted above.

        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


        • #5
          Have question regarding EUSS family permit, applied on TLScontact on the 23.09.2020 still no respond, is it Juan normal delay or it can mean than it is refusing?

          Comment


          • #6
            Non-lawyer here, just offering my personal input. My understanding is that if you are refused you will received a formal refusal letter, so if you have not heard back yet it doesn't mean anything bad necessarily. I assume they are overwhelmed due to the double whammy of lockdown and the upcoming Brexit deadline.

            To clarify, are you talking about the family permit itself (ie the stamp in your passport that grants a non-EU family member the right to enter the UK and apply for settlement status), or are you referring to the biometric residence card that you are issued if granted settled status once in the EU?

            Comment


            • #7
              Originally posted by Natmgela View Post
              Have question regarding EUSS family permit, applied on TLScontact on the 23.09.2020 still no respond, is it Juan normal delay or it can mean than it is refusing?
              How long ago did you apply?

              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


              • #8
                On the 23.09.2020.

                Comment


                • #9
                  Originally posted by Cooper View Post
                  Non-lawyer here, just offering my personal input. My understanding is that if you are refused you will received a formal refusal letter, so if you have not heard back yet it doesn't mean anything bad necessarily. I assume they are overwhelmed due to the double whammy of lockdown and the upcoming Brexit deadline.

                  To clarify, are you talking about the family permit itself (ie the stamp in your passport that grants a non-EU family member the right to enter the UK and apply for settlement status), or are you referring to the biometric residence card that you are issued if granted settled status once in the EU?
                  As they are referring to applying through TLS, that means the application was made abroad and they are referring to the family permit, applications for pre-settled status require biometrics done via UKVCAS in the UK.

                  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


                  • #10
                    Originally posted by Natmgela View Post
                    Have question regarding EUSS family permit, applied on TLScontact on the 23.09.2020 still no respond, is it Juan normal delay or it can mean than it is refusing?
                    Tariq N (lawyer) do you have experience of application of this kind and what is the best way forward? Many thanks.

                    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


                    • #11
                      Originally posted by Site Admin View Post

                      As they are referring to applying through TLS, that means the application was made abroad and they are referring to the family permit, applications for pre-settled status require biometrics done via UKVCAS in the UK.
                      Eu ss for not eu family member, for 6 month to enter to the uk

                      Comment


                      • #12
                        Originally posted by Natmgela View Post

                        Eu ss for not eu family member, for 6 month to enter to the uk
                        The 6 month visa is the family permit.

                        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


                        • #13
                          Thank you, phone correction family permit of course, just bit confused about long waiting

                          Comment


                          • #14
                            Yes so long waiting don’t know if it normal delay for now, or not .

                            Comment


                            • #15
                              Originally posted by Natmgela View Post
                              Yes so long waiting don’t know if it normal delay for now, or not .
                              Morning,

                              Unfortunately these delays were common even before we had the infamous virus to contend with.

                              Hopefully it won't be long now.

                              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

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