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Complex EU Settlement Scheme application in No-deal Brexit scenario

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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cpdb
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Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by cpdb » Fri May 31, 2019 3:44 pm

Hello,

Me and my wife are currently living in the UK since April 2019. I'm under a Tier 2 visa and she's under a PBS partner visa. By the end of 2019 (between October and December), she will have an Italian citizenship, thus becoming eligible to apply for the EU Settlement Scheme.

Now, considering a scenario where a no-deal Brexit happens (UK leaving on 31th of October 2019) and my wife gets the EU passport AFTER this date, would we be eligible to apply for pre-settled status? Or does our residence status in the UK as an european and spouse of an european only count after she becomes european? In theory, this wouldn't make a difference, because we're already living in the UK before the October deadline (just on a different residence status), but I fear HO might think differently.

Thanks in advance.

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CR001
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by CR001 » Fri May 31, 2019 3:48 pm

How does she qualify for Italian citizenship?
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cpdb
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by cpdb » Fri May 31, 2019 3:51 pm

She qualifies due to her ancestry.

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CR001
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by CR001 » Fri May 31, 2019 3:53 pm

In what way??

Does she have to apply to naturalise or is she Italian since birth or .........??
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cpdb
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by cpdb » Fri May 31, 2019 3:55 pm

Oh sorry. She is not italian since birth, she has started the application for naturalization.

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CR001
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by CR001 » Fri May 31, 2019 3:56 pm

then her time as an EU citizen would only start once she is Italian, the time already spent here won't count.
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cpdb
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by cpdb » Fri May 31, 2019 4:02 pm

I see, thanks for your answer.

On a different quick question: what should she do after becoming an EU citizen? does she have to contact HO
to notify this change in status? Does this process take much time?

TerryGH
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Re: Complex EU Settlement Scheme application in No-deal Brexit scenario

Post by TerryGH » Sun Jun 02, 2019 11:44 am

CR001 wrote:
Fri May 31, 2019 3:56 pm
then her time as an EU citizen would only start once she is Italian, the time already spent here won't count.
How can HO check if she naturalised and not got her citizenship by birth?

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