EU settlement - Non EU family member - CoA and decision time

[katerina_k]

You have holder a BRP , can you tell us after they have accepted your application, did they ask you to send to your BRP in order to give you a new BRC , or they just posted the new BRC to you ?

They have no interest in my BRP since I used the Passport as id process flow. I took the passport with me to the biometrics appointment. (You should take any other documents that are requested during the application to your biometrics appointment. I wasn't asked for anything.) Never posted the BRP to them. They posted the BRC to me on the 11th working day.

So basically they left the BRP with you , and issued you another BRC!!
What kind of BRP you had !?

I also did not post anything and I hold Tier 4 BRP. Since I chose passport as my ID document, they did not even ask me about my BRP

[katerina_k]

Thanks for your detailed answer. Sorry, I should have explained my situation better.
According to my NI number I was offered a pre-settled status. I thought to provide evidence of me being in the country for more than 5 years, and thus hoping it would qualify for a settled status. I submitted all the documentation, but then i found 'EU settlement scheme caseworker guidance' , where it says that I have to be in the country for more than 5 years as a family member to qualify for settled status.
Page 39 on the following guidance :
https://assets.publishing.service.gov.u ... h-v1.0.pdf

So I relied on this guidance as a reflection of the law

I have read this text before and to me this can mean one of two things.
- You could be perfectly right and this means you have to be married for the 5 yr period before you get settled status
- Or this only means that you have to reach the 5 yr point of legal residence in the UK AS the spouse of a EU national, or holding some derivative right to remain from the list of possibilities mentioned

At this point I don't want to venture a guess on what the correct interpretation is. We've seen no cases of non EU nationals who have got approved settled status to conclude anything based on data.

Personally I don't think being married for 5 yrs makes any rational sense as a requirement. The law states that even if you were married to an EU citizen about 5 yrs ago, and got a divorce after 3 months, you can still merrily get yourself settled status. It seems tremendously irrational to have a law that says being married to the EU national for the past 4 years when you lived in the UK for 5 is not good enough, but if you were married to someone 5 yrs ago, got a BRC issued and got a quickie divorce after 3 months, then that is perfectly good enough for you to get settled status.

Another situation I can think of is someone who was on a Tier 4 student visa for 2 years, then went on to a Tier 2 General visa for 2 yrs, then married a EEA national and decided to apply for the pre settled status. This person was one year away from getting an ILR. It makes zero sense to say that just because the person moved on to a EU settlement status, he or she is now expected to wait another 5 yrs for an ILR.

Anyway, time will tell on what the rule really is.

Rational or irrational, but I called the resolution centre in the evening and I was told by the caseworker that there is a note attached to my application. The note states that I can only be offered pre-settled status, since I only lived in the UK as a EEA spouse for one year ( and not 5 which is a requirment). Then the caseworked put another 'note' to my application, saying that he informed me of this information.

Hopefully things will speed up now.

And in terms of ILR, Tier 4 is not counted toward your ILR in the timespan on 5 years. I have been in the country for 8 years on Tier 4 and I am not eligible. You need to be working (=paying taxes) for 5 years to be eligible for ILR, thus this 2 year span on Tier 4 (from your example) is irrelevant. Or you need to be on different visa types for 10 years and then you will be eligible for ILR. Things get more complicated with marriage. Even if you are one year away from ILR and you get married and then,for example, switch to an old type of family residence card, all your residence years are 'annuled' and you need to live on this family visa ( i think the proper way to call it is EEA residence card) for 5 years to be eligible for ILR. I beleive these rules are applicable to the current settelment scheme as well.

Rationality is not the word that goes well together with the Home Office.

[AshJK]

On the bright side, you have been here for 8 yrs, and now the LTR will be issued for 5 yrs, and so after 2 more years you can throw an ILR party.

[Askım12700]

Hi all,

Update to my Timeline:

Applied: 10st ofApril
Biometrics done on : 12st of April
COA received : 25th of April

[Ajay8]

You have holder a BRP , can you tell us after they have accepted your application, did they ask you to send to your BRP in order to give you a new BRC , or they just posted the new BRC to you ?

They have no interest in my BRP since I used the Passport as id process flow. I took the passport with me to the biometrics appointment. (You should take any other documents that are requested during the application to your biometrics appointment. I wasn't asked for anything.) Never posted the BRP to them. They posted the BRC to me on the 11th working day.

So basically they left the BRP with you , and issued you another BRC!!
What kind of BRP you had !?

I also did not post anything and I hold Tier 4 BRP. Since I chose passport as my ID document, they did not even ask me about my BRP

Hi,

What I understood from the resolution centre is that if we add details of the document (passport or BRP) in the beginning of the application (prove your identity), then this will be the same document we should post/send by mail. But now you already applied and you have a COA so I assume they approved your application.

Anyway I emailed the Resolution centre and I they will confirm it with me and I will update everyone here. I understand that non-EU families cannot use the app. But whats strange is that I did not see any Law firm or organization showing a walk-through video or screenshots or text about how to apply as a non-EU family with a BRP. Law firms and organizations did videos, online, screenshots and websites based on EU citizens and non-EU families with a BRC (Biometric residence card) only.

[CR001]

Rational or irrational, but I called the resolution centre in the evening and I was told by the caseworker that there is a note attached to my application. The note states that I can only be offered pre-settled status, since I only lived in the UK as a EEA spouse for one year ( and not 5 which is a requirment). Then the caseworked put another 'note' to my application, saying that he informed me of this information.

Hopefully things will speed up now.

And in terms of ILR, Tier 4 is not counted toward your ILR in the timespan on 5 years. I have been in the country for 8 years on Tier 4 and I am not eligible. You need to be working (=paying taxes) for 5 years to be eligible for ILR, thus this 2 year span on Tier 4 (from your example) is irrelevant. Or you need to be on different visa types for 10 years and then you will be eligible for ILR. Things get more complicated with marriage. Even if you are one year away from ILR and you get married and then,for example, switch to an old type of family residence card, all your residence years are 'annuled' and you need to live on this family visa ( i think the proper way to call it is EEA residence card) for 5 years to be eligible for ILR. I beleive these rules are applicable to the current settelment scheme as well.

Rationality is not the word that goes well together with the Home Office.

You are incorrect in the highlighted advice above based on the user you are responding to. Time spent on the EEA FM route does count for ILR based on 10 years long residence, provided the EU spouse is a qualified person exercising treaty rights and has all the evidence to support it for the whole time an applicant for ILR LR is using EEA route time combined with UK Immigration rule visas to make up 10 year residence for ILR LR.

The 5 years EEA FM only counts the time on EEA FM, which is correct if the applicant had previous visas prior to marrying an EU citizen but the poster you are responding to appears to be trying to get to the 10 year long residence route.

[Uk2715]

Got my COA today. Applied on 01/04' did biometric on 12/04. To i received coa by email tell me that i will get decision shortly.

Am qualified for settled having married for 10 yrs by sept 19. Divorced 2014 got ROR 2015 thay will expire 2020.

What are my chances of getting my settled status by weekend?

UPDATE: Got my settled status email today and BRC to come in seven days time. Thanks every one for the useful info. It helped. Wish everyone success.

[iberks]

Hi guys

Here is my process

Application: 06.04.2018
Biometric: 12.04.2018
BRC: Don't have (still Family Permit owner)
CoA: Pending
Decision: Pending

Tomarrow, I have a so important job interview with one of my dream company and they insistly would like to see my decision or CoA. I called the settlement scheme helpline as always and finally they escalated my application but they still couldnt give me estimated time for decision. Hope, tomarrow i can get the CoA before my interview and wish i can prove my right to work without BRC. (My EU citizen wife got her answer within 5 working days)

[Sheikh123123]

Update

Apply 30/03/2019
Send passport on 01/04/2019
Got passport back 12/04/2019
CoA. 23/04/2019
Granted settlement status 26/042019

Good luck all

[skasyap]

Update

Apply 30/03/2019
Send passport on 01/04/2019
Got passport back 12/04/2019
CoA. 23/04/2019
Granted settlement status 26/042019

Good luck all

Congrats and you must be very pleased now !!

Did you contact resolution centre after getting your COA on 23rd of April ? or you just decided to wait !!

[Sheikh123123]

Thanks
I contact till I don't get Coa after I don't call them

[iberks]

Hi guys

Here is my process

Application: 06.04.2018
Biometric: 12.04.2018
BRC: Don't have (still Family Permit owner)
CoA: 26.04.2018
Decision: Pending

Tomarrow, I have a so important job interview with one of my dream company and they insistly would like to see my decision or CoA. I called the settlement scheme helpline as always and finally they escalated my application but they still couldnt give me estimated time for decision. Hope, tomarrow i can get the CoA before my interview and wish i can prove my right to work without BRC. (My EU citizen wife got her answer within 5 working days)

[Expert3000]

*Application for pre-settled status as EU QP including non-EU spouse submitted online: 26/03/2019
*Application acknowledgement email (one for QP, another one for non-EU spouse) with two different case IDs received on: 26/03/2019
*Fee paid online at the time of application submittal: 130.00 GBP
*Attended EPRS appointment on (booked 1 month prior): 02/04/2019
*Both EU passport+non-EU passport certified during EPRS appointment and originals returned on the spot.
*Certified copies of both passports + thick pack of original documents (printed application, marriage/birth certs, photos, employment letter, payslips, bank statements, etc.) retained by EPRS officer and posted to HO directly on: 02/04/2019
*EPRS fee for both passports + postage: 42.00 GBP
*Documents arrived in HO on: 05/04/2019
*Biometrics letter to non-EU spouse issued on: 05/04/2019
*Biometrics enrolled in Post Office on: 11/04/2019
*Biometrics enrollment fee paid: 19.20 GBP
*COA issued on: pending for both EU QP and non-EU spouse.

Total paid: 191.20 GBP - mainly to ensure we can travel abroad freely while our applications are being reviewed, as application acknowledgement emails advise that waiting time is up to 6 months.

UPDATE
*COA for non-EU spouse with right to work received in the post on: 26/04/2019 (dated 18/04/2019)
*COA for EU QP: pending
*Return of original docs: pending
*BRP for non-EU spouse: pending

[Romy88]

*Application for pre-settled status as EU QP including non-EU spouse submitted online: 26/03/2019
*Application acknowledgement email (one for QP, another one for non-EU spouse) with two different case IDs received on: 26/03/2019
*Fee paid online at the time of application submittal: 130.00 GBP
*Attended EPRS appointment on (booked 1 month prior): 02/04/2019
*Both EU passport+non-EU passport certified during EPRS appointment and originals returned on the spot.
*Certified copies of both passports + thick pack of original documents (printed application, marriage/birth certs, photos, employment letter, payslips, bank statements, etc.) retained by EPRS officer and posted to HO directly on: 02/04/2019
*EPRS fee for both passports + postage: 42.00 GBP
*Documents arrived in HO on: 05/04/2019
*Biometrics letter to non-EU spouse issued on: 05/04/2019
*Biometrics enrolled in Post Office on: 11/04/2019
*Biometrics enrollment fee paid: 19.20 GBP
*COA issued on: pending for both EU QP and non-EU spouse.

Total paid: 191.20 GBP - mainly to ensure we can travel abroad freely while our applications are being reviewed, as application acknowledgement emails advise that waiting time is up to 6 months.

UPDATE
*COA for non-EU spouse with right to work received in the post on: 26/04/2019 (dated 18/04/2019)
*COA for EU QP: pending
*Return of original docs: pending
*BRP for non-EU spouse: pending

I think you 1. Applied for residence card. 2. Used wrong post to give your timeline.

[Sky777]

I am confused about something. I am a non-EU family member with a Biometric Residence Permit (BRP) Card. Please note, this is not the Biometric Residence Card (BRC). However, both have biometric chips and both are pink blue-ish cards.

So, on the EU settlement scheme website. It says "you must send your document by post if you have a BRP". I wish I can use the EU Exit app...it will make me feel comfortable...but anyways...

I tried to apply "online and by post" so I am OK with that. I clicked on apply online and when I was clicking next.. Next... I was in front of 2 choices: use a passport or use a UK residence card with a Biometric chip (does it mean BRC or BRP?)

Should I select the second option use the "UK residence card with a Biometric chip" and enter my BRP card number?

But when I emailed the EU resolution centre, they said I can apply online and use the BRP. But when I tried to apply online I don't see a third option like the following:
1. passport
2. UK residence card with biometric chip
3. BRP
I only see option 1 and 2. So I am confused.

1.) Can anyone share the process of application? Anyone who used their BRP to apply "online and post"?

2.) To people who are similar to my case, did you still send in your passport? Because I want to send my BRP only and use my passport at ukvcas to do a new finger print and face photo. I cannot send my passport.

3.) If you enter the details of the document in the beginning of the online application process (like a BRP card), it will be the same document (BRP card) you will send by post..right?

Thank you. Please let me know.

Hi

I had a similar situation to you in that I also have a BRP (Tier 2). I selected the option to add the BRP number online which is what I think you are asking. After that when I had completed all the answers I was still asked to send my passport to the home office by post (did not have to do another biometric appointment - I assume this is because that BRP only expires in 2021). Seems it differs from person to person. I sent both my passport and BRP to home office, they have been returned to me now (on the way to me that is, and not sure if they have also sent back the BRP as I would expect a new one should my application be successful ). Takes about 3 weeks it seems, but faster for other people so again just depends on your luck.

Hi Hayley.
When did they ask you to submit the passport? After you clicked submit on your online application or before you clicked the submit button?

I really don't like to post my passport by mail. The EU resolution centre confirmed to me 4 times over the phone and on email that I can use my Biometric Residence Permit (BRP) Card. It is strange they still ask people with BRP to post the passport. They don't even allow family members with BRP (it has a biometric chip) to use the EU EXIT app which I find this weird and doesn't make sense.

Anyone who are going through the same application process, please share here so everyone can understand. Thanks.
[/quote

We had send brp card
Applications done on 30.03
Brp card send 3.04
Brp card back 21.04
No coa
No mail
Nothing waiting
We called Ho them said basically still in progress etc
Still waiting
Some ppl getting mail late evening looks like Ho waits Saturday or Sunday?

[Sky777]

Hi everyone,

So here is an update. I called the EU settlement scheme resolution centre this morning. The person who answered was very helpful. I asked her exactly what I wrote in my post above. And she said since I have a BRP and I already did my biometrics (did it in November 2018 for my current BRP), then I have to select "prove my identity using UK residence card with a Biometric chip" option. I then asked her if I choose this option, would I still have to send my passport by mail? She said no. I would send my BRP card only.

In order to double check even more, I sent the EU resolution centre an email asking the same thing in my post above. Just to make sure.

I will update everyone once I receive an answer by email. So people can have a clear idea what to expect and what will happen if you select this or that option.

Hi
Our timeframe
Application done on 30.3.
Brp send 3.4
Brp back 20.4
Since then silence nothing
No coa nothing waiting
We called couple times and HO say under process etc
We also send brp card as above apply for pre settlement status

[danielpdo]

Hi all,
Please I need support!
I currently hold a BRP (tier 2 - visa) and I have use my passport to prove my identity. I sent my passport and they have returned back to me already. In the email after submitting the application, it mentions that I should book a biometric appointment and instructions were on my submission section. However, in the submission section it only said about sending my passport and nothing about biometrics.

Do you know how can I book an appointment and if I have to do it?

I called the resolution center like 3 times already and they keep telling me that since I have a BRP already, I don't need to submit my biometrics, but I see many comments here of people that have a BRP and had to submit the biometrics anyway.

I will appreciate your help.
thanks!!

[Hayley01]

Hi all,
Please I need support!
I currently hold a BRP (tier 2 - visa) and I have use my passport to prove my identity. I sent my passport and they have returned back to me already. In the email after submitting the application, it mentions that I should book a biometric appointment and instructions were on my submission section. However, in the submission section it only said about sending my passport and nothing about biometrics.

Do you know how can I book an appointment and if I have to do it?

I called the resolution center like 3 times already and they keep telling me that since I have a BRP already, I don't need to submit my biometrics, but I see many comments here of people that have a BRP and had to submit the biometrics anyway.

I will appreciate your help.
thanks!!

Hi

Did you enter your BRP number in the application? I did that and after I only had to send my passport. I am also on a Tier 2. The message about sending your passport is just static and will remain on that page. I also called and was told I don't need to send in anything else other than my passport

[danielpdo]

Hi all,
Please I need support!
I currently hold a BRP (tier 2 - visa) and I have use my passport to prove my identity. I sent my passport and they have returned back to me already. In the email after submitting the application, it mentions that I should book a biometric appointment and instructions were on my submission section. However, in the submission section it only said about sending my passport and nothing about biometrics.

Do you know how can I book an appointment and if I have to do it?

I called the resolution center like 3 times already and they keep telling me that since I have a BRP already, I don't need to submit my biometrics, but I see many comments here of people that have a BRP and had to submit the biometrics anyway.

I will appreciate your help.
thanks!!

Hi

Did you enter your BRP number in the application? I did that and after I only had to send my passport. I am also on a Tier 2. The message about sending your passport is just static and will remain on that page. I also called and was told I don't need to send in anything else other than my passport

Hi! Yes I entered my BRP information on the application. So I guess everything is ok and it’s a matter of waiting ? And did you received a CoA or A new BRP or also waiting?
Thanks!

[Sky777]

Good morning
My wife applied for pre settlement status , she use online and post . She use her Brp card ( spouse visa )
I’m Polish and British citizenship (sponsor)
Applied 30.03
Send brp card 3.4
Brp card back 20.4
No coa
Nothing waiting
My wife called them couple times and HO said everything is ok regarding using brp card
In our understanding now her date will be transferred to new brc card and not need new biometric appointment
As brp card still valid

[Hayley01]

Hi all,
Please I need support!
I currently hold a BRP (tier 2 - visa) and I have use my passport to prove my identity. I sent my passport and they have returned back to me already. In the email after submitting the application, it mentions that I should book a biometric appointment and instructions were on my submission section. However, in the submission section it only said about sending my passport and nothing about biometrics.

Do you know how can I book an appointment and if I have to do it?

I called the resolution center like 3 times already and they keep telling me that since I have a BRP already, I don't need to submit my biometrics, but I see many comments here of people that have a BRP and had to submit the biometrics anyway.

I will appreciate your help.
thanks!!

Hi

Did you enter your BRP number in the application? I did that and after I only had to send my passport. I am also on a Tier 2. The message about sending your passport is just static and will remain on that page. I also called and was told I don't need to send in anything else other than my passport

Hi! Yes I entered my BRP information on the application. So I guess everything is ok and it’s a matter of waiting ? And did you received a CoA or A new BRP or also waiting?
Thanks!

Yes it would seem so. I called them a few times to check when they would send my passport back and confirm that I didn't need to do any more biometrics. Based on a discussion with one of the staff at the resolution centre,your application only starts once they actually check your passport and upload it to your application. So I applied 31.03.19, sent passport on 2nd of April which is when they received it. They checked it etc on the 24th I think and I got the passport back the next day, so technically my application is only 4 days in as at today (based on discussion with someone at the resolution centre today). I had called to check on when I can expect a COA. I have been advised to wait a further two weeks as BRP applications can be a bit more 'complex' so yea. Based on comments by other posters on this thread seems the process can take up to 90 days but nothing has been said explicitly about that I think. So yes, we just have to wait and hope for the best. By the way I posted both by passport and BRP to them and they sent both back to me.

[Sky777]

Hi all,
Please I need support!
I currently hold a BRP (tier 2 - visa) and I have use my passport to prove my identity. I sent my passport and they have returned back to me already. In the email after submitting the application, it mentions that I should book a biometric appointment and instructions were on my submission section. However, in the submission section it only said about sending my passport and nothing about biometrics.

Do you know how can I book an appointment and if I have to do it?

I called the resolution center like 3 times already and they keep telling me that since I have a BRP already, I don't need to submit my biometrics, but I see many comments here of people that have a BRP and had to submit the biometrics anyway.

I will appreciate your help.
thanks!!

Hi

Did you enter your BRP number in the application? I did that and after I only had to send my passport. I am also on a Tier 2. The message about sending your passport is just static and will remain on that page. I also called and was told I don't need to send in anything else other than my passport

Hi! Yes I entered my BRP information on the application. So I guess everything is ok and it’s a matter of waiting ? And did you received a CoA or A new BRP or also waiting?
Thanks!

Yes it would seem so. I called them a few times to check when they would send my passport back and confirm that I didn't need to do any more biometrics. Based on a discussion with one of the staff at the resolution centre,your application only starts once they actually check your passport and upload it to your application. So I applied 31.03.19, sent passport on 2nd of April which is when they received it. They checked it etc on the 24th I think and I got the passport back the next day, so technically my application is only 4 days in as at today (based on discussion with someone at the resolution centre today). I had called to check on when I can expect a COA. I have been advised to wait a further two weeks as BRP applications can be a bit more 'complex' so yea. Based on comments by other posters on this thread seems the process can take up to 90 days but nothing has been said explicitly about that I think. So yes, we just have to wait and hope for the best. By the way I posted both by passport and BRP to them and they sent both back to me.

Hi
Sorry to jumping in post
90 days !!!!!
Our case
Application 30.3.
Brp card send 3.4
Recived back 20.4
No coa
Nothing
Called few times still in process
Look like really brp card holders need to wait extra long
Hmmmmm
But what about when brp card expired in next 2 months
And still no coa or so

[Sky777]

Hi everyone
Regarding Brp card holders etc
Looks like brp card holders need to wait extra longer to get answer hmmmmm
We get our brp back but still nothing no coa nothing
But what worry me
If brp card expire next 2 months and u still no get answer not even coa
We called them they said nothing to worry about but HO. Can take really ages

[danielpdo]

Hi all,
Please I need support!
I currently hold a BRP (tier 2 - visa) and I have use my passport to prove my identity. I sent my passport and they have returned back to me already. In the email after submitting the application, it mentions that I should book a biometric appointment and instructions were on my submission section. However, in the submission section it only said about sending my passport and nothing about biometrics.

Do you know how can I book an appointment and if I have to do it?

I called the resolution center like 3 times already and they keep telling me that since I have a BRP already, I don't need to submit my biometrics, but I see many comments here of people that have a BRP and had to submit the biometrics anyway.

I will appreciate your help.
thanks!!

Hi

Did you enter your BRP number in the application? I did that and after I only had to send my passport. I am also on a Tier 2. The message about sending your passport is just static and will remain on that page. I also called and was told I don't need to send in anything else other than my passport

Hi! Yes I entered my BRP information on the application. So I guess everything is ok and it’s a matter of waiting ? And did you received a CoA or A new BRP or also waiting?
Thanks!

Yes it would seem so. I called them a few times to check when they would send my passport back and confirm that I didn't need to do any more biometrics. Based on a discussion with one of the staff at the resolution centre,your application only starts once they actually check your passport and upload it to your application. So I applied 31.03.19, sent passport on 2nd of April which is when they received it. They checked it etc on the 24th I think and I got the passport back the next day, so technically my application is only 4 days in as at today (based on discussion with someone at the resolution centre today). I had called to check on when I can expect a COA. I have been advised to wait a further two weeks as BRP applications can be a bit more 'complex' so yea. Based on comments by other posters on this thread seems the process can take up to 90 days but nothing has been said explicitly about that I think. So yes, we just have to wait and hope for the best. By the way I posted both by passport and BRP to them and they sent both back to me.

Correct! I just called them and they insisted that if I have already a biometric document, either BRP or BRC, I don't need to book a biometric appointment. At least not for now, unless they request it in the next weeks. They told me next step will be to wait for an email with the COA. It should arrive soon according to them, but who knows! let's hope for the best, and please keep me updated if you finally receive your COA, as we are in the same boat now. thanks!

[skasyap]

Update as of 28th of April:
My wife EU national - sent her id in a post on 8th of April.
Received by HO - On 9th of April
Me as a Non EU- only uploaded marriage certificate and residence card sticker on my passport on 4th of April when submitted application.
Biometric requirement - appointment booked for 12 th of April due to no other free services before.
Biometric completed - on 12 th of April.
Non EU COA received : 25th of April
Decision: Settled status granted on 28th of April.

EU national :
ID card received: 23rd of April
COA received : 26th April
Decision: Settled status granted on 26th of April
Good luck everyone!!