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  • LAWYER RESPONSE EU settlement status

    Hi! I have submitted my application for the Settled Status last Tuesday evening, 3rd of September. They estimate to get back to us on 4 calendar days. It has been almost a week. What should I do? I have been in the UK for 14 years and before the final submission they predicted to give me Settled Status because they have records that I have been in the country for 5 years at least.

  • #2
    Hi! You have nothing to worry, as we have seen anything between 20 minutes and six weeks in terms of approval times for Settled Status. The approval times vary wildly. Give it a few more days and if you still haven't received it, give the EU Settlement Scheme Resolution Centre a ring:

    ☎️ For any questions about the application, contact the EU Settlement Scheme Resolution Centre by calling 0300 123 7379 (inside the UK) or +44 (0) 203 080 0010 (outside the UK). Find out about call charges on Call charges and phone numbers - GOV.UK . You can also ask a question using the online submissions form
    Cookies are required to use this service – GOV.UK

    Also remember to check your email spam folder, as the approval email from the HO might have ended up in there.

    Comment


    • #3
      Hi! It has been 6 weeks already and nothing. The Polish here in my work all have got it and many of them applied after I did. Not sure what is going on, but they aren't certainly following the order they receive the applications.

      Comment


      • #4
        Originally posted by Mokita View Post
        Hi! It has been 6 weeks already and nothing. The Polish here in my work all have got it and many of them applied after I did. Not sure what is going on, but they aren't certainly following the order they receive the applications.
        Unfortunately we have been informed that the Home Office has now a backlog of thousands of application due to a sudden surge in people applying. This hopefully will be resolved soon. Please rest assured... There is no obligation to have settled status or pre settled status until 1 Jan 2021 in case of no deal and 30 June 2021 in case of a deal.

        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


        • #5
          Thanks for the reply, though it is contradictory to what is being posted elsewhere. Someone just posted from your website that it takes up to a month. It has been 7 weeks for me. Now, every time I talk about this people think I am lying, because it takes other people a few days or a couple of weeks, or because they use the info from the app saying it takes up to a month.Soon I will have to have a new passport to change my name by marriage and this will be unresolved which will give me problems; many people don't know you have until 2021. I feel discriminated and I am sure this will give me problems at the airport or even with my employee, because soon they will start asking for the proof and I won't have anything to show. I won't bother you anymore with this issue, because in my case it seems there is no point. At least, keep up the good work with the people you can help. Thanks anyway.

          Comment


          • #6
            Originally posted by Mokita View Post
            Thanks for the reply, though it is contradictory to what is being posted elsewhere. Someone just posted from your website that it takes up to a month. It has been 7 weeks for me. Now, every time I talk about this people think I am lying, because it takes other people a few days or a couple of weeks, or because they use the info from the app saying it takes up to a month.Soon I will have to have a new passport to change my name by marriage and this will be unresolved which will give me problems; many people don't know you have until 2021. I feel discriminated and I am sure this will give me problems at the airport or even with my employee, because soon they will start asking for the proof and I won't have anything to show. I won't bother you anymore with this issue, because in my case it seems there is no point. At least, keep up the good work with the people you can help. Thanks anyway.
            If you are asked for proof of settlement scheme before the mandatory dates that would be discriminatory. If this happens please let us know.

            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


            • #7
              Originally posted by Mokita View Post
              Thanks for the reply, though it is contradictory to what is being posted elsewhere. Someone just posted from your website that it takes up to a month.
              You are probably referring to the post I made yesterday, regarding processing times. This was based on the information provided by the Home Office, who had previously been quoting highly unrealistic times of "2 to 5 days". But we have seen a number of members wait much longer than that, however, at the latest user group meeting on Friday, the Home Office confirmed there have been only TWO refusals, on the grounds on serious criminality. TWO out of nearly 2 million applications means the odds of being refused are extremely low, and the refusals have been for a reason that's clearly set out in the guidance. In other words, there is absolutely no need to worry, regardless of how long the process takes.

              Originally posted by Mokita View Post
              It has been 7 weeks for me. Now, every time I talk about this people think I am lying, because it takes other people a few days or a couple of weeks, or because they use the info from the app saying it takes up to a month.
              Processing times vary wildly, in the early days, some people got a decision in just 6 hours, this was when there weren't many applications being made. On the other hand, one of our members got his settled status after 6 months, although they are from outside the EU and the application was complex. But it goes to show the actual timings can be from 6 hours to 6 months!

              Originally posted by Mokita View Post
              Soon I will have to have a new passport to change my name by marriage and this will be unresolved which will give me problems; many people don't know you have until 2021.
              It is written all over the government pages, anyone who isn't aware can just be pointed in the right direction.

              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


              • #8
                Originally posted by Mokita View Post
                I feel discriminated and I am sure this will give me problems at the airport
                Actually, the Home Office has confirmed border control are not able to access EUSS records, and they don't even know whether they will be able to access them in 2021! The requirement to have status under the EUSS is not intended for border control.

                Originally posted by Mokita View Post
                or even with my employee, because soon they will start asking for the proof and I won't have anything to show.
                They have no right to do so and it's clearly written here: Check if a document allows someone to work in the UK - GOV.UK

                ...where it says:

                There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.
                This issue was discussed last Friday at the Home Office user group meeting, and they said any employer demanding status under the EUSS before 2021 could find themselves in the Employment Tribunal.

                Originally posted by Mokita View Post
                I won't bother you anymore with this issue, because in my case it seems there is no point. At least, keep up the good work with the people you can help. Thanks anyway.
                We can only help people apply, we can't get the Home Office to make faster decisions, but, as can be seen above, we CAN help clarify issues.

                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


                • #9
                  Hi everyone! Thank you so much for all your help and answers. I have one practice question today. Person reserved EU SS family permit and going to visit UK at the end of December for a one week and then come back in January, can she apply for Pre set status in January? And the second question what will happen if person reserved pre settled status but was abroad more that 180 days a year during 5 year Period. Thank you so much for your answer.

                  Comment


                  • #10
                    Originally posted by Natmgela View Post
                    Hi everyone! Thank you so much for all your help and answers. I have one practice question today. Person reserved EU SS family permit and going to visit UK at the end of December for a one week and then come back in January, can she apply for Pre set status in January?
                    Morning,

                    The requirement to live here before the end of this year is for EEA nationals coming to live here in their own right. If they already have a family permit, they can apply before the end of June, ideally before their family permit expires, these are usually valid for 6 months.

                    Originally posted by Natmgela View Post
                    And the second question what will happen if person reserved pre settled status but was abroad more that 180 days a year during 5 year Period. Thank you so much for your answer.
                    We have covered this here: Residence criteria

                    ...where you'll see:


                    If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status BUT you will need to maintain your continuous residence if you want to qualify for settled status. See below:

                    VERY IMPORTANT NOTE FOR PEOPLE WITH PRE-SETTLED STATUS:

                    Although pre-settled status allows up to 2 years outside the UK without losing your status, if you spend more than 6 months outside the UK during the 5 years you need to get settled status, you will not be able to apply for settled status, nor will you be able to extend your pre-settled status or re-apply for pre-settled status after the deadline, which is currently end of December 2020.

                    This means that, if you break the continuity of residence during the 5 years your pre-settled status is valid for, you will only be able to stay in the UK until the expiry date of your pre-settled status, after that, you will have to either leave the UK or find another route to stay here, such as applying for a visa under the UK Immigration Rules, which may not be easy, nor an option for everyone.

                    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


                    • #11
                      Also note there is a provision for:
                      A single period of up to 12 months abroad for an important reason, such as childbirth, serious illness, study, vocational training or an overseas work posting is allowed.
                      However, it will be necessary to show evidence of this being really an "important reason", as noted above.

                      Also worth reading: UKCEN Citizenship and Residence for European Nationals and their families

                      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


                      • #12
                        Originally posted by Site Admin View Post
                        Morning,

                        The requirement to live here before the end of this year is for EEA nationals coming to live here in their own right. If they already have a family permit, they can apply before the end of June, ideally before their family permit expires, these are usually valid for 6 months.


                        We have covered this here: Residence criteria

                        ...where you'll see:


                        If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status BUT you will need to maintain your continuous residence if you want to qualify for settled status. See below:

                        VERY IMPORTANT NOTE FOR PEOPLE WITH PRE-SETTLED STATUS:

                        Although pre-settled status allows up to 2 years outside the UK without losing your status, if you spend more than 6 months outside the UK during the 5 years you need to get settled status, you will not be able to apply for settled status, nor will you be able to extend your pre-settled status or re-apply for pre-settled status after the deadline, which is currently end of December 2020.

                        This means that, if you break the continuity of residence during the 5 years your pre-settled status is valid for, you will only be able to stay in the UK until the expiry date of your pre-settled status, after that, you will have to either leave the UK or find another route to stay here, such as applying for a visa under the UK Immigration Rules, which may not be easy, nor an option for everyone.
                        Thank you for answer, so if EU citizens partner will spend more than 6month in 5 year period when pre-set. status will end partner can not apple for settled status they should go through new rules, am I understand right? Thank you

                        Comment


                        • #13
                          Originally posted by Natmgela View Post

                          Thank you for answer, so if EU citizens partner will spend more than 6month in 5 year period when pre-set. status will end partner can not apple for settled status they should go through new rules, am I understand right? Thank you
                          Yes, both the sponsor and the applicant must meet the residence criteria to obtain settled status in 5 years. With regards to spouses, these wouldn't be new rules as in the new points system, none of that refers to family visas, it would be the spousal visa route, which may or may not change by the time this becomes relevant to someone's specific case, but it's not set to change with effect from January 1st, unlike the rest of the points system. That route isn't exactly easy and it can al$o be ob$cenely expen$$ive, this should give you an idea (based on the way things stand at the moment): What's The Price Of Love? £7265.99

                          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


                          • #14
                            Thank you so much! Sponsor already has settled status, but spouse may stay more than 6 month abroad because of the parents who stay in home country and they need care because of there are. Than I am asking to know what is the next step after 5 years of pre-set.

                            Comment


                            • #15
                              Originally posted by Natmgela View Post
                              Thank you so much! Sponsor already has settled status, but spouse may stay more than 6 month abroad because of the parents who stay in home country and they need care because of there are. Than I am asking to know what is the next step after 5 years of pre-set.
                              Morning,

                              The next step is settled status, and we have already covered the fact that pre-settled cannot be exteneded nor renewed, unlike other visas, so people really need to think carefully about this. Although there is a provision for a single absence up to 6 months for an important reason such as work, serious illness, etc. whether the absence is accepted under this exception or not would depend on the individual circumstances.

                              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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