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So by the statutory instrument that make it set in stone and part of UK law going forward?alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 am"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
lake1 wrote: ↑Fri Mar 22, 2019 11:31 amYes, everything is on the table - but we just don't know the answer to those questions.alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 amEverything is on the table even cancellation of Brexit, no one know where Brexit is heading it might not happen at all., I understand this is a long shot but it's not impossible.
So lets assume Brexit doesn't happen what happens to the Settled Status (ILR) already issued? I can see the route closing for future applications as RC and PR will suffice but what about the ones already granted?
It may be that the HO postpones the date when Settled Dtatus is officially open from 30th March to 13th April, given yesterday's developments.
As to what happens to those already granted Settled Status if Art.50 is revoked and Brexit cancelled - no one knows the answer to that as the HO hasn't said anything about this possibility.
lake1 wrote: ↑Fri Mar 22, 2019 11:31 amYes, everything is on the table - but we just don't know the answer to those questions.alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 amEverything is on the table even cancellation of Brexit, no one know where Brexit is heading it might not happen at all., I understand this is a long shot but it's not impossible.
So lets assume Brexit doesn't happen what happens to the Settled Status (ILR) already issued? I can see the route closing for future applications as RC and PR will suffice but what about the ones already granted?
It may be that the HO postpones the date when Settled Dtatus is officially open from 30th March to 13th April, given yesterday's developments.
As to what happens to those already granted Settled Status if Art.50 is revoked and Brexit cancelled - no one knows the answer to that as the HO hasn't said anything about this possibility.
Very interesting.alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 am"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
mkhan2525 wrote: ↑Fri Mar 22, 2019 8:48 pmIt will depend very much on the form of brexit we have. If we get a soft Brexit where UK retains access to the single market then free movement continues and applications will have to assessed on the basis of exercising a treaty rights as opposed to just residence under the EU settlement scheme.
Norway and other countries part of the EEA agreement have to accept free movement in order to access the single market and have to apply the free movement Directive to entry and residence of EU/EEA Citizens regardless of the fact that their citizens do not have EU Citizenship.
The scheme may not be pulled if the UK were to negotiate some sort of access to the single market without the need for free movement. The EEA agreement for example does allow free movement to be suspended in certain circumstances but has not been tested by the EEA Member States.
beaujam90 wrote: ↑Fri Mar 22, 2019 9:19 pmBrexit or not, if you've been granted ILR after having applied for Settled status under the UK immigration law you are Settled, You have been given indefinite leave to remain in the UK.
I was deemed to be settled in the 90s but I have lost my status as the law changed in 2000. It said that if I haven't applied for the ILR before the 2nd October 2000, I was not deemed Settled anymore. I didn't know about the change so I haven't applied for it.
So after I have been settled from June 1989 to oct 2000, I only became settled again in jan 2019 even though I have lived here continuously since 1989. In my case it was the EU law that screwed my situation but the UK immigration law solved it.
mulder wrote: ↑Sat Mar 23, 2019 10:46 amVery interesting.alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 am"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?
There is no need to be all prickly and sweaty over the future of settled status. It was never mandatory until 2021. Those who applied and got it FREE, only have an e document which can be downloaded. It may turn out to be worthless but what did u lose? Half an hour (if your phone is not compatible), less if u have a newer phone. So chill out and wait for the final outcome.lake1 wrote: ↑Sat Mar 23, 2019 11:15 ammulder wrote: ↑Sat Mar 23, 2019 10:46 amVery interesting.alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 am"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?
I would think so as it mentions the fact that if a relationship is before a certain date then they are covered.
I know for sure it covers direct family which include parents that are already in the UK and I don't think dependency need to be proved.
Good point, but using your pension example, they could choose to apply the new rule even if you'll be worse off but they chose not too. So you're at their mercy.alterhase58 wrote: ↑Sat Mar 23, 2019 11:22 amUK law can be amended or over-turned by any elected government. Rarely do they act retrospectively though. PR is under EU regulations therefore cannot be overturned and a Statutory Instrument was necessary to implement Appendix EU for settled status. Another example, state pension rules are changing but if the new basis means you would get less pension then you receive pension amounts under the old rules. In my case I obtained PR in the early 80s under the then rules and it was accepted for BC in 2016 (despite EU regulations changing in 2006).
It's true I asked for opinions but I wasnt expecting, "prickly, sweaty and chill out", anyway thanks for your comments.joeano353 wrote: ↑Sat Mar 23, 2019 11:38 amThere is no need to be all prickly and sweaty over the future of settled status. It was never mandatory until 2021. Those who applied and got it FREE, only have an e document which can be downloaded. It may turn out to be worthless but what did u lose? Half an hour (if your phone is not compatible), less if u have a newer phone. So chill out and wait for the final outcome.lake1 wrote: ↑Sat Mar 23, 2019 11:15 ammulder wrote: ↑Sat Mar 23, 2019 10:46 amVery interesting.alterhase58 wrote: ↑Fri Mar 22, 2019 11:21 am"Appendix EU" was added to UK domestic immigration regulations by statutory instrument - the government said whatever happens they'll go ahead anyway, deal or no deal. Cancellation of Brexit is not on the table, not with the current government anyway.
Does this "Appendix EU" also address family members (in particular, dependent parents) who are not in the UK? I.e. would they be allowed to join?
I would think so as it mentions the fact that if a relationship is before a certain date then they are covered.
I know for sure it covers direct family which include parents that are already in the UK and I don't think dependency need to be proved.
Well said, I think they'll likely close the route (the method of application, eform, online etc isn't relevant) if Brexit is cancelled (very possible if a 2nd referendum is granted) and people already with the Settled status will keep it but it won't be open to new applicants.beaujam90 wrote: ↑Sat Mar 23, 2019 5:06 pmI am confident that a settled status, that was legally granted, will not be canceled. It's an application, even though that the HO calls it ''registration''.
The Uk government is sovereign and can decide to grant ILR how it pleases, but cannot cancel the ILR in contradiction of it s own laws. The reason of the cancelation which the UK would remain in the EU is not a valid one. The 'intent' that the UK is leaving or not has no consequence on the ILR which was already granted.
Anyone who is married with a brit and who has the settled status under the EU registration scheme can apply now for the BC. And children born from parents with this Surinder Singh route are British. Because the Settled status is law, I doubt the HO can nullify their British citizenship.
Yes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.
But had you already applied for and were granted PR under the old rules? I think the point is that they would be unlikely to take an immigration status away from you after it's been granted, even if the rules change for the worse.rooibos wrote: ↑Sun Mar 24, 2019 9:28 amYes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.
And just one more word: Windrush!
Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.
rooibos wrote: ↑Sun Mar 24, 2019 9:28 amYes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.
And just one more word: Windrush!
Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.
sfljiaf wrote: ↑Sun Mar 24, 2019 9:59 amBut had you already applied for and were granted PR under the old rules? I think the point is that they would be unlikely to take an immigration status away from you after it's been granted, even if the rules change for the worse.rooibos wrote: ↑Sun Mar 24, 2019 9:28 amYes they did, when the con-lib govt changed the criteria for eligibility for EEA-PR back in 2014 retroactively. I was eligible according to the old criteria but not the new ones.
And just one more word: Windrush!
Any government can change immigration rules for the worse anytime they want. EU citizens will not be protected by the ECJ and that's what matters.
Yes, "likely" is one thing, "possible" is another thing. Will they likely take granted rights away? Probably not, although they tried it with the Windrush affair. Can they do it? Yes, they can.