Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.
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peter88
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by peter88 » Wed Jan 23, 2019 8:32 pm
Hi All,
I have a few questions and would be very grateful for some information:
1. Now that the settled scheme is live - can we still apply for Permanent Residency ? The reason I'm asking is that in March i will have been working in UK for 6 years which means that if I got PR I could apply for citizenship immediately after receiving the document. With settled status, the earliest I could do that is probably February 2020 so at least 6-8 months later. I'm in no rush but frankly speaking I do not trust UK Government not to change our status under the settlement scheme to make it more difficult later...
2. If I apply for settled status and have it granted - seems like most are approved and decisions are made within 2 weeks - is there anything stopping me from applying for PR after that ? As far as I can tell they are based on 2 separate pieces of legislation.
3. On the PR online form there's a question that asks:
"Did you work for an employer in the UK during the relevant accession period?"
I worked in UK in 2006 for 1 week and 2008 for 3 weeks but without registering.
If I answer yes - it states i worked without permission but then requires me to tick the box saying "Yes, i will provide my WRS". Since I don't have it - I cannot continue with the application.
The guidance document says:
"If you are an EU8 national and claim to have acquired permanent residence by relying on any period of employment between 1 May 2004 to 30 April 2011, you will need to show that (...) If you relyon employment that does not come under either of the conditions above, it will be deemed as unauthorised and so not count towards the 5 year qualifying period you will need to acquire permanent residence"
I am claiming my PR based on a period from 2013 to 2019 and I can prove that.
The question then is: I do NOT RELY on those 4 weeks in 2006 and 2008 and do NOT CLAIM to have obtained PR based on that so can i simply say "NO" since that period is not relevant to my application - or can it be interpreted as a lie and affect my application negatively ?
Many thanks for all the help!
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NikiGio
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by NikiGio » Wed Jan 23, 2019 10:50 pm
peter88 wrote: ↑Wed Jan 23, 2019 8:32 pm
1. Now that the settled scheme is live -
can we still apply for Permanent Residency ?
Yes - the two statuses are basically parallel: one based on EU law, the other based on UK law. Everybody that currently has PR and is then granted Settled Status basically has both until PR becomes obsolete.
2. If I apply for settled status and have it granted - seems like most are approved and decisions are made within 2 weeks -
is there anything stopping me from applying for PR after that ?
No
I'm not knowledgeable on WRS so can't answer the rest of the questions - however, given that the two short periods of work when you didn't have WRS are outside of your qualifying period, I suggest you answer 'No' then add a covering letter where you say that you previously worked in the UK but you're not giving further details as that period is irrelevant as prior to your qualifying period.
I am not an immigration lawyer. My comments are opinions, not legal advice.
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Bouchra9782
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by Bouchra9782 » Fri Jan 25, 2019 10:59 pm
Dear,
Im a belgian who recebtly acquired settled status under the settlement scheme pilot (no residence card issued just confirmation letter)
Im marrying a non-visa national (mexican) in may and wondering whether
A) apply for EEA Family permit as he can enter freely without visa into UK
And/or
B) apply for a UK residence card upon arrival on the basis of family member of a EEA national
In addition, the application for UK residence should be completed as me being a permanent resident even if i havnt been issued a residence card or as a qualified person?
Thank you
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Bobik123
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by Bobik123 » Wed May 08, 2019 3:24 am
Hi.
Anyone here get settled status without wrs or late register on it?
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askmeplz82
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by askmeplz82 » Wed May 08, 2019 4:38 pm
it's 5 years CONTINUES EXERCISING TREATY RIGHT. So for example you can show 2012 - 2017 because WRS not required for A8 national after 2011 .. So even if you show payslip or p60 until 2018 you can still qualify for PR / Citizenship
because your PR will be backdated. it will show 2017 not 2019
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021
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askmeplz82
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by askmeplz82 » Wed May 08, 2019 4:43 pm
A8 national need to work continuously for 1 year with the same employer to get exempt from registration after that you don't have to register anymore. but because you didn't register that means you were working illegally.
it won't have any effect on PR and it also won't have effect on BRITISH CITIZENSHIP APPLICATION because it's more then 10 years ago
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021