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IMPORTANT UPDATE

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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Arrived in Dec 20

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  • LAWYER RESPONSE Arrived in Dec 20

    Thank you for providing this platform.

    My 5 year young son, wife and myself arrived on 20th December 2020 in UK.
    I am an Australian citizen. My wife and son are EU citizens. They applied through EU document check app on 14th Jan 21 and I applied online for settlement scheme. I got my bio metrics done on 10th Feb 21.

    My son received his COA 4 days later on 18th Jan 21. A case worked called a couple of days later on 20th Jan regarding his application and asked for his bank statement. We told her that he is only 5 years old and does not have any bank account in UK. We mentioned to her that my wife's application has bank statement uploaded and her UAN number is mentioned in my son's application.

    The case worker then searched for my wife's UAN. She could find it but could not open to check uploaded documents. She said that she would talk to a senior colleague about it later. She also mentioned that if bank statement was there, both my son and wife would get the status approved within 4-5 days.

    It has been since then almost a month but we have not heard anything. My wife and myself have not even received COA.


    I have following queries:

    1. Since we arrived only on 20th Dec 2020 and applied on 14th Jan, is it an issue?

    We were in UK for 10 months in 2014-15. In 2014, my wife had entered as EU and myself
    accompanying her thus getting EEA family member stamp on my passport. My wife had given birth
    to my son in UK in 2015 and after that worked for 5 months. My son has UK Long birth
    certificate that has ourselves mentioned as parents. We also have NIN numbers and bank account
    since 2014. We then left UK for 6 years and have come back now in Dec'20.

    We visited bank branch on 31 Dec 2020, did cash withdrawal as well as deposit transactions and
    have uploaded bank statement to show it.


    2. Will it be an issue with my application that I am a non EEA spouse of EU wife and parent of EU child but do not have a Family permit?

    My wife and son have entered UK as EU citizens. They requested for passport stamp at UK border and got it. I have entered via e-Gates being a Visa waiver national. At e-Gates, you do not get any stamp on passport.


    3. Am I allowed now to start work in UK being a non EEA spouse of EU wife and parent of EU child while living together in UK?

    I have already submitted settlement application and completed Bio-metrics. I have yet to receive COA, though.


    4. Are we eligible to apply for Universal credits?

    My wife has already started work this month since 1st of Feb 2021. Citizens advice says that unless Govt challenges court decision by 26 Feb 21 for pre-settled status benefits, EU and their family members should be eligible for Universal credit.


    Thanks in advance!

  • #2
    Originally posted by tchoco View Post
    Thank you for providing this platform.

    My 5 year young son, wife and myself arrived on 20th December 2020 in UK.
    I am an Australian citizen. My wife and son are EU citizens. They applied through EU document check app on 14th Jan 21 and I applied online for settlement scheme. I got my bio metrics done on 10th Feb 21.

    My son received his COA 4 days later on 18th Jan 21. A case worked called a couple of days later on 20th Jan regarding his application and asked for his bank statement. We told her that he is only 5 years old and does not have any bank account in UK. We mentioned to her that my wife's application has bank statement uploaded and her UAN number is mentioned in my son's application.

    The case worker then searched for my wife's UAN. She could find it but could not open to check uploaded documents. She said that she would talk to a senior colleague about it later. She also mentioned that if bank statement was there, both my son and wife would get the status approved within 4-5 days.

    It has been since then almost a month but we have not heard anything. My wife and myself have not even received COA.


    I have following queries:

    1. Since we arrived only on 20th Dec 2020 and applied on 14th Jan, is it an issue?
    Afternoon,

    No, it's not an issue, there is no requirement to apply within a specific time of arrival, what counts is showing that the EEA national was here and the relationship was in place, before the end of last year.

    Originally posted by tchoco View Post
    We were in UK for 10 months in 2014-15. In 2014, my wife had entered as EU and myself
    accompanying her thus getting EEA family member stamp on my passport. My wife had given birth
    to my son in UK in 2015 and after that worked for 5 months. My son has UK Long birth
    certificate that has ourselves mentioned as parents. We also have NIN numbers and bank account
    since 2014. We then left UK for 6 years and have come back now in Dec'20.

    We visited bank branch on 31 Dec 2020, did cash withdrawal as well as deposit transactions and
    have uploaded bank statement to show it.
    That should be fine.


    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 tchoco View Post
      2. Will it be an issue with my application that I am a non EEA spouse of EU wife and parent of EU child but do not have a Family permit?
      Not if you arrived before the end of last year, it's only non EEA family members who didn't come here before the end of last year who are no longer able to switch over to pre-settled status and need a family permit.
      Originally posted by tchoco View Post
      My wife and son have entered UK as EU citizens. They requested for passport stamp at UK border and got it. I have entered via e-Gates being a Visa waiver national. At e-Gates, you do not get any stamp on passport.
      Although normally it's the other way round, i.e. non EEA nationals are the ones who get passport stamps, this should be fine, and it looks like they've not asked for additonal evidence of your being here before the end of last year, which strictly speaking, is not required for close family members sponsored by an EEA national, but it does make a difference in terms of what I mentioned above.

      Originally posted by tchoco View Post
      3. Am I allowed now to start work in UK being a non EEA spouse of EU wife and parent of EU child while living together in UK?
      Technically yes, but an employer would need to see a CoA in order to run the online right to work checks and get a positive verification note from the Home Office.
      Originally posted by tchoco View Post
      I have already submitted settlement application and completed Bio-metrics. I have yet to receive COA, though.
      As it's been over a month, you need to chase this up with the resolution centre, even if a decision hasn't been made yet, they should send you the CoA, and you need to tell them that you need it in order to be able to work.

      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


      • #4

        Originally posted by tchoco View Post
        4. Are we eligible to apply for Universal credits?

        My wife has already started work this month since 1st of Feb 2021. Citizens advice says that unless Govt challenges court decision by 26 Feb 21 for pre-settled status benefits, EU and their family members should be eligible for Universal credit.
        Yes, the Fratila case opened up the door for people with pre-settled status to have access to benefits independently from having a right to reside under EU rules, which was the test previously applied to pre-settled status holders, you will find the details here: Access to means-tested benefits for EU citizens with pre-settled status | CPAG

        From what you say, she hasn't yet got her pre-settled status or even a CoA, although strictly speaking, EU nationals only need their EU passport to prove their rights here, such as right to work, till the end of June, the DWP may ask for EUSS status. You really need to chase up the CoAs, there's no reason they should take that long. Ring the resolution centre.

        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


        • #5
          Thanks a lot for your detail and precise responses.
          I will start chasing resolution center.

          Comment


          • #6
            Originally posted by tchoco View Post
            Thanks a lot for your detail and precise responses.
            I will start chasing resolution center.
            Best of luck and do keep us posted!

            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


            • #7
              I contacted Resolution center via email on 23 Feb informing them that my wife and myself have not received COAs. It said that we would get response to our query in 5 days.

              We have still to hear from them.

              Comment


              • #8
                Originally posted by tchoco View Post
                I contacted Resolution center via email on 23 Feb informing them that my wife and myself have not received COAs. It said that we would get response to our query in 5 days.

                We have still to hear from them.
                Give them another week or so, if you still have no joy, do come back to tell us, as this is another issue we need to highlight with the EUSS team.

                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


                • #9
                  We received two responses. Both are same, one is for myself and another for my son. Both of us are EU citizens. They have not responded about my husband since his application has different email linked to his application though UAN is linked to my UAN. He is a non EU citizen. Response is as following:


                  =======
                  Thank you for your email enquiry dated 23/02/2021 regarding yours and your family members .

                  We understand that you have not received your certificate of application, nor has your partner who needs a status to work.

                  We cannot discuss your partner’s application, as the email address linked to that application is different to the one you have provided.

                  Your application is ongoing and the certificate of application will only be provided once the checks that we perform are complete.

                  Your child’s application is linked to your own, once your application is complete, your son will receive the same status as you.

                  Please be aware that the certificate of application cannot be used to prove an individual’s right to work, it is the status you receive at the end of the application which provides this.

                  Your case is currently under consideration. You will be notified by the caseworker if any additional information is required or when a decision is made.
                  ==================

                  Comment


                  • #10
                    Since application submission 49 days have passed, we are yet to receive COA. It is not clear what are the things they need to check that they have stated in the response above. My application is for Pre-settled status only and not for settled status, I suppose it should have been straight forward.

                    I had uploaded the below documents when I completed my application on 14th Jan 2020:
                    1. GP visit appointment card for a visit completed on 31 Dec 2020
                    2. My EU Passport page with UK border stamp of arrival on 20 Dec 2020 in UK; On request UK border did stamp my EU passport though they do not otherwise
                    3. UK bank statement with transactions in UK done during last week of December 2020
                    4. Boarding pass with year stamped on it by Airline

                    Also, they have clearly mentioned in the response above that COA is given at the end of application check completion and COA is not a right to work document.

                    Being an EU citizen, I have been already working for a month and getting paid as my employer accepted my NIN number and my EU passport.

                    My husband an Australian citizen entered UK as a visa waiver national via e-Gates and did not get any stamp on his passport. As a visa waiver national, one is allowed to use e-Gates for 6 months visit to UK. He applied for pre settled status and got his bio metrics completed on 10th Feb 2020. My question is when he gets his COA will he be able to start work being a non EU citizen. He does have NIN number from 6 years ago when we had stayed in UK together for a few months.
                    Last edited by tchoco; 05-03-2021, 11:22 AM.

                    Comment


                    • #11
                      Originally posted by tchoco View Post
                      We received two responses. Both are same, one is for myself and another for my son. Both of us are EU citizens. They have not responded about my husband since his application has different email linked to his application though UAN is linked to my UAN. He is a non EU citizen. Response is as following:


                      =======
                      Thank you for your email enquiry dated 23/02/2021 regarding yours and your family members .

                      We understand that you have not received your certificate of application, nor has your partner who needs a status to work.

                      We cannot discuss your partner’s application, as the email address linked to that application is different to the one you have provided.

                      Your application is ongoing and the certificate of application will only be provided once the checks that we perform are complete.

                      Your child’s application is linked to your own, once your application is complete, your son will receive the same status as you.

                      Please be aware that the certificate of application cannot be used to prove an individual’s right to work, it is the status you receive at the end of the application which provides this.

                      Your case is currently under consideration. You will be notified by the caseworker if any additional information is required or when a decision is made.
                      ==================
                      Hello again,

                      That is rather odd, since when you go to the official website to check for right to work: The worker may be entitled to work in the UK. - Check if a document allows someone to work in the UK - GOV.UK

                      ...you get this:
                      The worker may be entitled to work in the UK.

                      You must ask the Home Office check your worker’s immigration employment status. If the Home Office check says they’re allowed to work, the worker can work for 6 months from the date of the check. You’ll then have to make another check.
                      You may get a civil penalty if the Home Office says the worker is not allowed to do the work you’re offering.

                      If the worker’s Certificate of Application is more than 6 months old

                      The worker must apply for a new Certificate of Application from the Home Office. They can apply by email or post.
                      So yes, they still need to run it past the Home Office in order to get a Positive Verification Note, but the employer needs the CoA in order to start the process, and this has always been the case!

                      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


                      • #12
                        Originally posted by tchoco View Post
                        Since application submission 49 days have passed, we are yet to receive COA. It is not clear what are the things they need to check that they have stated in the response above. My application is for Pre-settled status only and not for settled status, I suppose it should have been straight forward.

                        I had uploaded the below documents when I completed my application on 14th Jan 2020:
                        1. GP visit appointment card for a visit completed on 31 Dec 2020
                        2. My EU Passport page with UK border stamp of arrival on 20 Dec 2020 in UK; On request UK border did stamp my EU passport though they do not otherwise
                        3. UK bank statement with transactions in UK done during last week of December 2020
                        4. Boarding pass with year stamped on it by Airline

                        Also, they have clearly mentioned in the response above that COA is given at the end of application check completion and COA is not a right to work document.

                        Being an EU citizen, I have been already working for a month and getting paid as my employer accepted my NIN number and my EU passport.
                        Eu nationals don't need any status until July 1st so the right to work business is only for non EU nationals at the moment, until the end of June, EEA nationals can prove right to work with EU passport or ID card.

                        Originally posted by tchoco View Post
                        My husband an Australian citizen entered UK as a visa waiver national via e-Gates and did not get any stamp on his passport. As a visa waiver national, one is allowed to use e-Gates for 6 months visit to UK. He applied for pre settled status and got his bio metrics completed on 10th Feb 2020. My question is when he gets his COA will he be able to start work being a non EU citizen. He does have NIN number from 6 years ago when we had stayed in UK together for a few months.
                        As per my responses above.

                        If you wish me to get in touch with the EUSS team about this, since it's fair enough to wait for a decision, but I don't think it's reasonable to wait that long for a CoA, as well as clarifying the issues regarding right to work, you may consider sending your application details to admin@ukcen.com so I can forward them to them, I've often done this with other members who experience unreasonable delays or to clarify points regarding their applications.

                        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


                        • #13
                          Thanks a lot for your great support and advise!

                          I will forward my application details to the email that you have provided.

                          Comment


                          • #14
                            I have come to know important information but I am more confused now. I would like some clarity on it.

                            My son has taken admission in year 1. The school gave me some papers about Schoolmoney parent guide. I was unsure if it is related to universal credit. Hence, I called citizen advisory on universal credit. They cleared the doubt and said it is not related to universal credit. However, talking to them about making universal credit claim, I came to know very important information regarding pre-settled application. It is what I would like to clarify.

                            The information they gave me meant that my Pre-settled application can be jeopardized if I make universal credit claim before getting Pre-settled status.

                            I am non EU but my spouse and son are EU Citizens. They said since I came as visa waiver national to UK meaning it is 6 months visit, I should not be allowed recourse to public funds. Even if I have applied for Pre-settled status, I have not yet been given the status. If I apply for universal credit, my Pre-settled can be rejected based on trying to access public funds.

                            Pre-settled application itself says " Application to extend your stay in UK" and one is allowed to stay till it is rejected irrespective of how long you were given earlier to stay when you entered UK. For example, in my case, I entered UK for 6 months but applied for extension via Pre-settled application. Since I have applied, I am allowed to stay till my application is rejected that could be more than my initial allowed 6 months. Please confirm if this assumption is correct that I do not need to leave UK before my application decision has been made by Home office even if it means that I will be overstaying my initial allowed 6 months. Note that I do not have any Family permit or residence card.

                            Second point, I came to know is very important. Citizen advisory explained to me that universal credit is always applied as a family together. If you are a couple, one member EU and other Non EU then you still need to apply together. If Non EU member is on 6 months visit, he has no access to public funds and hence, benefits office will take out the Non EU member from application. EU member will then get benefits as single person. The point to be noted here is that once Non EU member applied for benefits his Pre-settled application will get jeopardized since he did not have recourse to public funds.

                            My understanding was that being spouse of EU citizen where EU citizen has already got right to reside being a full time worker, Non EU close family member had the same right. Specially, once they both have already applied for Pre-settled status that shows an intention to extend their stay in UK.

                            It looks to me that once you apply for benefits, Pre-settled status application can be jeopardized unless you are not excluded for having recourse to public funds when you entered UK. It simply means Home office will not approve your Pre-settled application until they have seen long enough (probably minimum of 6 months) that you are not trying to access public funds. In this case, it is sure that a Non EU close family member will have to wait for at least 6 months before application will be approved either inside UK or overseas when they are waiting for their Family permits.

                            Sorry for the long post. Please confirm if my understanding is correct. Or, If it is incorrect, and EU family residing in UK is able without doubt to apply for universal credit even when their Pre-settled status is still in process.
                            Last edited by tchoco; 12-03-2021, 12:26 PM.

                            Comment


                            • #15
                              Originally posted by tchoco View Post
                              I have come to know important information but I am more confused now. I would like some clarity on it.

                              My son has taken admission in year 1. The school gave me some papers about Schoolmoney parent guide. I was unsure if it is related to universal credit. Hence, I called citizen advisory on universal credit. They cleared the doubt and said it is not related to universal credit. However, talking to them about making universal credit claim, I came to know very important information regarding pre-settled application. It is what I would like to clarify.

                              The information they gave me meant that my Pre-settled application can be jeopardized if I make universal credit claim before getting Pre-settled status.

                              I am non EU but my spouse and son are EU Citizens. They said since I came as visa waiver national to UK meaning it is 6 months visit, I should not be allowed recourse to public funds. Even if I have applied for Pre-settled status, I have not yet been given the status. If I apply for universal credit, my Pre-settled can be rejected based on trying to access public funds.

                              Pre-settled application itself says " Application to extend your stay in UK" and one is allowed to stay till it is rejected irrespective of how long you were given earlier to stay when you entered UK. For example, in my case, I entered UK for 6 months but applied for extension via Pre-settled application. Since I have applied, I am allowed to stay till my application is rejected that could be more than my initial allowed 6 months. Please confirm if this assumption is correct that I do not need to leave UK before my application decision has been made by Home office even if it means that I will be overstaying my initial allowed 6 months. Note that I do not have any Family permit or residence card.

                              Second point, I came to know is very important. Citizen advisory explained to me that universal credit is always applied as a family together. If you are a couple, one member EU and other Non EU then you still need to apply together. If Non EU member is on 6 months visit, he has no access to public funds and hence, benefits office will take out the Non EU member from application. EU member will then get benefits as single person. The point to be noted here is that once Non EU member applied for benefits his Pre-settled application will get jeopardized since he did not have recourse to public funds.

                              My understanding was that being spouse of EU citizen where EU citizen has already got right to reside being a full time worker, Non EU close family member had the same right. Specially, once they both have already applied for Pre-settled status that shows an intention to extend their stay in UK.

                              It looks to me that once you apply for benefits, Pre-settled status application can be jeopardized unless you are not excluded for having recourse to public funds when you entered UK. It simply means Home office will not approve your Pre-settled application until they have seen long enough (probably minimum of 6 months) that you are not trying to access public funds. In this case, it is sure that a Non EU close family member will have to wait for at least 6 months before application will be approved either inside UK or overseas when they are waiting for their Family permits.

                              Sorry for the long post. Please confirm if my understanding is correct. Or, If it is incorrect, and EU family residing in UK is able without doubt to apply for universal credit even when their Pre-settled status is still in process.
                              Aron F (lawyer) - could you kindly comment? In my view an application for UC does not impact on the pre-settled status application at all...do you know otherwise?

                              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 as the deadline approaches.

                              Comment

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