How early to apply for Settled Status? (for a non EU family member with valid BRC)

[Magus1984]

I understand from the guidance available online at GOV.UK that if “you’ll reach 5 years’ continuous residence at some point before 30 Dec 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.”

However, for a non-EU family member (husband of EU citizen) with a 5 year biometric residence card (vignette in passport) that expires on 1st December 2019. My question is how early before the “5 year anniversary” to apply for settled status?

1. Should you apply say a month before to ensure a response from Home Office in time before the BRC expires or do you think the settled status will be denied because strictly speaking (according to the immigration rules) to be eligible for ILR/Settled Status the Secretary of State must be satisfied, that, at the date of application, the applicant is a family member of a relevant EEA citizen and the applicant has completed a continuous qualifying period of five years and since then no supervening event has occurred.

2. Should you wait until the 5 year date written on the vignette in the passport to apply? With the risk of having problems at work and airports to proof the right to work and live with an expired BRC.

I just don’t want to be in a situation of being denied ILR/Settled Status because the caseworker is following the rules to the letter but also don’t want to wait until the BRC expires to apply.

I have read all the guidance available online and at this forum and I don't think this questions has been asked before. For a EU citizen is not a problem to wait till the 5 year date but for NON-EU family members this might be a risk?

[kamoe]

2. Should you wait until the 5 year date written on the vignette in the passport to apply?

This is the correct procedure.

With the risk of having problems at work and airports to proof the right to work and live with an expired BRC.

Since you are married to a EU citizen, at least you will not be an illegal overstayer during any time between the expiration of your vignette and the issuing of your new card. Your right to work is also not affected before December 2020.

Now, it is a very common position for visa-required nationals to find themselves locked in the UK because they are awaiting for a new visa or residence card and their application is in process, even if this happens over the Christmas holidays (we've all been there or know someone who's been there). That is life and this is sadly not particular to the Settlement Scheme.

I just don’t want to be in a situation of being denied ILR/Settled Status because the caseworker is following the rules to the letter but also don’t want to wait until the BRC expires to apply.

Just plan it so that you do not go abroad and don't change jobs during the time your application is in process. Good news is, I believe this is taking on average about two weeks. Check the latest timelines for reference.

An alternative approach is for you to apply right now and get Pre-Settled status. This will make sure you have a valid,non-expired BRC by the time your qualify for Settled Status, and you can go abroad in all confidence. Downsides are:

1) You will need to apply twice

2) It is not clear when you can apply for Settled Status if you already applied and got Pre-Settled status. There were reports of people being locked in Pre-Settled status because the application system was not ready yet to update this type of conversion applications (being designed initially for first-time applicants only). There are a number of threads about that situation in this forum, I am unsure if there is an update of that issue already.

[Magus1984]

Update: I contacted the EU Settlement Scheme Resolution centre and got this response:

Applicants can make an application for settled status when they believe that they qualify for it.

To qualify for settled status under the Scheme, you must be able to prove five years’ continuous residence.

Continuous residence means that you have lived in the UK for a minimum of 6 months in any 12-month rolling period. For you to qualify for settled status you will require 5 years continuous residence in the UK without absences of up to six months (or one absence of up to 12 months for a good reason) permitted. This can be 6 months in any 12 months rolling period.

Whilst we fully appreciate your concerns, the Home Office does not provide immigration advice. If you need advice on your individual circumstances, you should contact an Immigration Advisor registered with the Office of the Immigration Services Commissioner (OISC). For more information, please see:

https://www.gov.uk/government/organisat ... mmissioner

[ChiefChief]

Apply now. You have nothing to lose