Correspondence from "EU settlement - Non EU family member - CoA and decision time" is copied below...
by RJW » Sun Sep 01, 2019 3:45 pm
UK Resident: 10 years (Ancestry Visa)
Durable Partner of EU Citizen: 6 1/2 years (married 28 April 2019)
Applied: 14 May 2019
Biometric Residence Permit submitted for Proof of Identity: 15 May 2019
Request for Biometrics: 18 June 2019
Biometrics provided: 25 July 2019
Certificate of Application: 2 August 2019
Decision (Pre-Settled Status): 16 August 2019
Process initially delayed due to using BRP to prove identity. (Called Resolution Centre beforehand to question why three options were noted in the applicant guidance but only two on the application form - was told to select biometric residence card and that not having BRP option on form was an oversight that would be corrected.)
Told on two separate occasions that biometrics would not be required, and also once that I would not be contacted by letter while away in Canada for a family medical emergency. Letter requesting biometrics found by relative checking mail during my absence - requested and received extension to provide biometrics when I returned to UK.
Complained via phone that applicant guidance suggests non-EU family members of EU citizens will receive settled status if they have been resident in UK 5 years or more. Requirement to have "relevant document" for that that period ("family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card") disadvantages residence permit holders such as those having a UK Ancestry Visa.
Written complaint re BRP delay, biometrics request misinformation and negligent applicant guidance submitted to Resolution Centre. Will update when response received.
by askmeplz82 » Mon Sep 02, 2019 2:39 pm
RJW wrote: ↑Sun Sep 01, 2019 3:45 pm
Complained via phone that applicant guidance suggests non-EU family members of EU citizens will receive settled status if they have been resident in UK 5 years or more. Requirement to have "relevant document" for that that period ("family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card") disadvantages residence permit holders such as those having a UK Ancestry Visa.
.
You can not get Settled Status for 2 reasons
- You are not married to an EU citizen for 5 years and lived in the UK as an EEA family member
- Even if you are in relationship with the EU citizen for more then 6 years you never send any application under EEA LAW and it's accepted by Home Office
So your right under EEA Law start from Marriage date. You are only eligible for Pre settled status. There is nothing you can do. everything written in Appendix EU legislation
by AshJK » Mon Sep 02, 2019 3:21 pm
RJW wrote: ↑Sun Sep 01, 2019 3:45 pm
Complained via phone that applicant guidance suggests non-EU family members of EU citizens will receive settled status if they have been resident in UK 5 years or more. Requirement to have "relevant document" for that that period ("family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card") disadvantages residence permit holders such as those having a UK Ancestry Visa.
Written complaint re BRP delay, biometrics request misinformation and negligent applicant guidance submitted to Resolution Centre. Will update when response received.
I'm in a similar situation where one gets punished for changing to a EU Settlement visa with all previous years getting nullified (except if used towards a 10 yr period based settled status which costs a potload more) and one has to wait for another 5 yrs for settled status because the caseworker guidance is written that way. I don't think you you will get any useful response on your complaint since they have acted as per the written caseworker guidance. The situation calls for a change in law and has to be taken up with the home secretary and/or the law has to be challenged in court.
Bringing press attention and writing to non-right winger MPs may help the cause.
Assuming the 3 million figure often highlighted in the press is about EU nationals, I would extrapolate that over a 100000 non-EU spouses are adversely affected by this caseworker guidance that dumps many people who have spent well over 5 yrs in the UK, most of them tax payers, into pre settled status with a further 5 yr wait required for just settled status.
Perhaps worth starting an independent thread since this one is now loaded with a ton of stuff unrelated to the original topic.
by RJW » Mon Sep 02, 2019 5:14 pm
Thanks for your replies, askmeplz82 and AshJK.
I'm aware that the pre-settlement status decision I received won't be changed to a settlement one - at least, not in the short term! Apart from noting the administrative errors, my complaint focussed on the negligent lack of detail for non-EU family members in the document found at [applicant guidance link]. Again, even Resolution Centre representatives admitted that it wasn't clear enough for us.
It was only after my application was submitted that I became aware of being able to access the caseworker guidance and Appendix EU online. Important decisions had been made by then. Even just one sentence referring non-EU family members to those documents for further details would have made a world of difference to me (and to others, no doubt).
Somewhat surprisingly, employees in my Conservative MP's office were very generous in their assistance. It's telling that they also initially figured I should receive settled status. However, once it became absolutely clear to all of us that legal change would be required before my pre-settlement decision could be altered, I said that it was a battle for another time. Any EU Settlement Scheme-related energy I've had since has gone into pushing for the faulty applicant guidance to be improved.
As you suggest, AshJK, I'll start a new thread ending with "Switching Status" instead of "CoA and decision time".
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