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Category confusion

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Ruv
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Re: Category confusion

Post by Ruv » Mon May 06, 2019 9:05 am

CR001 wrote:
Mon May 06, 2019 8:54 am
You do realise that the time between your student visa expiring and the issue date of your RC means you had no legal status in the UK.

That aside, you should not pay the IHS as this will change your immigration route. Simply apply for the EU settled scheme now,
Thanks CR001. I applied for ILR first before my student visa expired in 2013 but this was refused because of an unqualified gap I had outside the UK. After appealing they decided I qualified for the EEA instead and granted me an EEA, hence the long gap in between my student visa and EEA.

If I apply for the EU settlement now, won't they say I'm already an illegal as my EEA already expired on 28th April 2019?

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Re: Category confusion

Post by CR001 » Mon May 06, 2019 9:12 am

If you apply using the EU Settlement Scheme, you might be offered the Pre-settled status. It is a free application.
Char (CR001 not Casa)
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Re: Category confusion

Post by Ruv » Mon May 06, 2019 9:26 am

CR001 wrote:
Mon May 06, 2019 9:12 am
If you apply using the EU Settlement Scheme, you might be offered the Pre-settled status. It is a free application.
Thank you for all your help and prompt replies. This is when I wish I would have done my application through an immigration solicitor. They would have corrected my mistakes and saved me time and money. I think I might need to now do it with a solicitor to avoid me making any silly mistakes. Any suggestions of good agency? Again thanks alot.

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Re: Category confusion

Post by CR001 » Mon May 06, 2019 9:32 am

Ruv wrote:
Mon May 06, 2019 9:26 am
CR001 wrote:
Mon May 06, 2019 9:12 am
If you apply using the EU Settlement Scheme, you might be offered the Pre-settled status. It is a free application.
Thank you for all your help and prompt replies. This is when I wish I would have done my application through an immigration solicitor. They would have corrected my mistakes and saved me time and money. I think I might need to now do it with a solicitor to avoid me making any silly mistakes. Any suggestions of good agency? Again thanks alot.
Member are not permitted to name or post details of immigration advisors or solicitors. You also do not need an advisor to do the EU settlement scheme through the mobile app.

Note that even if you had used an immigration solicitor and applied on form SET(M), you would have still been refused ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Ruv
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Re: Category confusion

Post by Ruv » Mon May 06, 2019 11:21 am

CR001 wrote:
Mon May 06, 2019 9:32 am
Ruv wrote:
Mon May 06, 2019 9:26 am
CR001 wrote:
Mon May 06, 2019 9:12 am
If you apply using the EU Settlement Scheme, you might be offered the Pre-settled status. It is a free application.
Thank you for all your help and prompt replies. This is when I wish I would have done my application through an immigration solicitor. They would have corrected my mistakes and saved me time and money. I think I might need to now do it with a solicitor to avoid me making any silly mistakes. Any suggestions of good agency? Again thanks alot.
Member are not permitted to name or post details of immigration advisors or solicitors. You also do not need an advisor to do the EU settlement scheme through the mobile app.

Note that even if you had used an immigration solicitor and applied on form SET(M), you would have still been refused ILR.
Thanks

No I meant if I had used an immigration solicitor he would have realised SET (M) was not the appropriate route for me before submitting the application.

OK will apply for the settlement straight away.

One last question, you mentioned earlier that if I pay for the health surcharge that will change my immigration status. How will that be?

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Re: Category confusion

Post by CR001 » Mon May 06, 2019 12:13 pm

You will likely then be on a new 5 year or 10 year route to ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Category confusion

Post by Ruv » Mon May 06, 2019 12:27 pm

CR001 wrote:
Mon May 06, 2019 12:13 pm
You will likely then be on a new 5 year or 10 year route to ILR.
Thanks for the clarification. Somehow I had the belief that with a 30 months limited, it meant I could even apply for my permanent residence anytime within that 30 months timeline. For example I could choose to pay the surcharge and go ahead applying for my settlement for say a couple of weeks after the limited residence comes out. These processes can be so confusing without reading all the dotted lines.

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Re: Category confusion

Post by CR001 » Mon May 06, 2019 12:57 pm

Ruv wrote:
Mon May 06, 2019 12:27 pm
CR001 wrote:
Mon May 06, 2019 12:13 pm
You will likely then be on a new 5 year or 10 year route to ILR.
Thanks for the clarification. Somehow I had the belief that with a 30 months limited, it meant I could even apply for my permanent residence anytime within that 30 months timeline. For example I could choose to pay the surcharge and go ahead applying for my settlement for say a couple of weeks after the limited residence comes out. These processes can be so confusing without reading all the dotted lines.
Not it does not mean that. You would be on a new route to ILR requiring 2 x 2.5 year visas and completing a new 5 year period before you can apply for ILR.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Ruv
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Re: Category confusion

Post by Ruv » Mon May 06, 2019 1:04 pm

CR001 wrote:
Mon May 06, 2019 12:57 pm
Ruv wrote:
Mon May 06, 2019 12:27 pm
CR001 wrote:
Mon May 06, 2019 12:13 pm
You will likely then be on a new 5 year or 10 year route to ILR.
Thanks for the clarification. Somehow I had the belief that with a 30 months limited, it meant I could even apply for my permanent residence anytime within that 30 months timeline. For example I could choose to pay the surcharge and go ahead applying for my settlement for say a couple of weeks after the limited residence comes out. These processes can be so confusing without reading all the dotted lines.
Not it does not mean that. You would be on a new route to ILR requiring 2 x 2.5 year visas and completing a new 5 year period before you can apply for ILR.
Noted and thank you!

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Re: Category confusion

Post by Ruv » Tue May 07, 2019 11:51 pm

CR001,

Sorry for asking yet another request as i have another question. As i started completing the EU Settlement Scheme application, i did some digging and came across a statement saying 'if you are a non EEA family member holding a residence card, and your sponsor becomes British before your 5 years is up, you would automatically loose your rights as an EEA family member, meaning you won't be able to apply for a permanent residence or settle as an EEA. I've tried to cross check this but i can't. Do you know if this is true and if it still applies? Many thanks

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Re: Category confusion

Post by CR001 » Wed May 08, 2019 6:16 am

It really would be useful to post the weblink to information you claim you found and are posting.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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