My FP expiring next year still haven’t got my pre settled status

[Faro786]

Hello please can someone experience help me out im in the uk on a family permit im a non eu, i applied for pre settled status on 5th of November and had my biometrics appointment on 12th of November i got my certificate of application on 13th of November since then I haven’t heard anything from them, now im a bit worried and concerned that my family permit is expiring on 10 of January 2020 and still i haven’t got my my pre settled status can someone experience guide me what to do if my family permit visa expires and still i haven’t got my pre settled status ? Ill be really grateful thank you

[kamoe]

Hello please can someone experience help me out im in the uk on a family permit im a non eu

What is your relationship to your EU family member?

[Faro786]

Dependent on my brother thank you kameo

[kamoe]

Dependent on my brother thank you kameo

You are an Extended Family Member, and that means, I'm afraid, any rights as family member you have acquired with your Family Permit only last as long as that Family Permit is valid. Family Permits lasts for 6 months to allow people to apply for RC in due time, you are not supposed to wait until they are about to expire to apply.

Since you cannot turn back time, if you have not received your new card before your Family Permit expires, to avoid being an overstayer the safest and lawful thing to do is to arrange to leave the UK until your receive your documentation. This is a situation in which, sadly, a number of members of this forum have found themselves into, and it has always been met with the same answer: Leave the UK, re apply for a Family Permit abroad, re-enter the UK with a new Family Permit (alternatively have your new card sent to you abroad via secure post and use it to re-enter the UK).

[Faro786]

Howcome kamoe ? I have read the law says as an eea family permit holder u can stay in the country even ur fp expires? But u have to apply for a residence card which i already applied even more than a month ago why should i leave the country and then re enter with another fp u r really confusing me

[kamoe]

Howcome kamoe ? I have read the law says as an eea family permit holder u can stay in the country even ur fp expires?

That is incorrect. You are an extended family member, NOT a direct family member. There is a difference. Your rights are not automatic and depend on your EEA FP being valid.

According to the guidance on Free Movement Rights: extended family members of EEA nationals:

Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the 2016 regulations, an extended family member has the same rights as a direct family member. They must continue to satisfy the conditions of regulation 8 and have been issued with one of the following documents which remains in force:
• an EEA family permit
• a registration certificate
• a residence card
• a permanent residence card
• a document certifying permanent residence

The key thing to highlight above is the sentence which remains in force. You are covered by these rights only as long as your Family Permit is valid.

But u have to apply for a residence card which i already applied even more than a month ago why should i leave the country and then re enter with another fp u r really confusing me

Again, as your rights are not automatic, merely having applied does not confer you any rights. The only rights you rely on before your new card is issued are those conferred by your existing Family Permit, as long as it is valid.

You are free to make your own decisions on what to do. We can only point you towards what is lawful to do.

[Magus1984]

That is incorrect. You are an extended family member, NOT a direct family member. There is a difference. Your rights are not automatic and depend on your EEA FP being valid.

Hi kamoe,
So in your view when should a Non-eu extended family member (unmarried partner) with a residence card (5 year validity) apply for permanent residency (under EU law) or EU Settled Status?

If you apply before completing the qualifying period of 5 years then Home Office might refuse the permanent residency application (or give you pre-settled status if under the EUSS).

If you wait till you complete your qualifying 5 years period (your residence card would expire) and then you will have to leave the UK to apply for permanent residency (or settled status)?

Surely it does not make sense to expect that an extended family member that has lived in the UK for 5 years, working, paying taxes, etc has to leave whilst the permanent residency/settled status is approved?

[CR001]

That is incorrect. You are an extended family member, NOT a direct family member. There is a difference. Your rights are not automatic and depend on your EEA FP being valid.

Hi kamoe,
So in your view when should a Non-eu extended family member (unmarried partner) with a residence card (5 year validity) apply for permanent residency (under EU law) or EU Settled Status?

If you apply before completing the qualifying period of 5 years then Home Office might refuse the permanent residency application (or give you pre-settled status if under the EU Settlement Scheme).

If you wait till you complete your qualifying 5 years period (your residence card would expire) and then you will have to leave the UK to apply for permanent residency (or settled status)?

Surely it does not make sense to expect that an extended family member that has lived in the UK for 5 years, working, paying taxes, etc has to leave whilst the permanent residency/settled status is approved?

1. The Poster in this topic is NOT an unmarried partner.

2. The Poster has a 6 month validity Family Permit, NOT a 5 year RC.

If you are trying to ask your own questions in this topic, please desist from doing this and taking the thread off the original question and causing confusion.

[kamoe]

If you are trying to ask your own questions in this topic, please desist from doing this and taking the thread off the original question and causing confusion.

Question addressed in separate post.

[CR001]

If you are trying to ask your own questions in this topic, please desist from doing this and taking the thread off the original question and causing confusion.

Fair enough. Question addressed in separate post.

@ kamoe - obvs my post was not directed at you

[kamoe]

If you are trying to ask your own questions in this topic, please desist from doing this and taking the thread off the original question and causing confusion.

Fair enough. Question addressed in separate post.

@ kamoe - obvs my post was not directed at you

I know. Just being efficient

[Obie]

Dependent on my brother thank you kameo

You are an Extended Family Member, and that means, I'm afraid, any rights as family member you have acquired with your Family Permit only last as long as that Family Permit is valid. Family Permits lasts for 6 months to allow people to apply for RC in due time, you are not supposed to wait until they are about to expire to apply.

Since you cannot turn back time, if you have not received your new card before your Family Permit expires, to avoid being an overstayer the safest and lawful thing to do is to arrange to leave the UK until your receive your documentation. This is a situation in which, sadly, a number of members of this forum have found themselves into, and it has always been met with the same answer: Leave the UK, re apply for a Family Permit abroad, re-enter the UK with a new Family Permit (alternatively have your new card sent to you abroad via secure post and use it to re-enter the UK).

You must not follow that advise, it is wrong. There is no need to leave the UK. To protect your brother's position, you may need to apply for a Residence card under regulation 18(1), pending the conclusion of the Settlement scheme application.

He will get a COA with a right to work.

[kamoe]

You must not follow that advise, it is wrong. There is no need to leave the UK.

.

[Obie]

I apologise if I inadvertently misinterpreted a view you expressed in good faith as an advise.

It did appear to me that way, and hence the basis for my intervention.

Sorry I mistakingly edited your post.

[kamoe]

Sorry I mistakingly edited your post.

Thanks, I thought I was going crazy! No worries

I just said my post was not meant to be red as advice, and I never intended to suggest the OP should absolutely need to leave the UK. Just saying leaving the UK would be the safest thing to do to avoid becoming an over stayer as FP no longer valid (which I think is clear by now). And glad to see there might be alternatives form him.

[Obie]

Sorry I mistakingly edited your post.

Thanks, I thought I was going crazy! No worries

Your faculties are all working properly, just a technical issue on my part, which I am unable to make right.

[CR001]

Sorry I mistakingly edited your post.

Thanks, I thought I was going crazy! No worries

Your faculties are all working properly, just a technical issue on my part, which I am unable to make right.

We all have these moments Obie, myself and Casa included

[Obie]

Thanks Char. I felt horrible by what I did. I should be careful next time not to mess with the edit button as opposed to the quote.

[CR001]

Thanks Char. I felt horrible by what I did. I should be careful next time not to mess with the edit button as opposed to the quote.

Not as bad as me that completely deleted a long running topic the other day by mistake in the Irish sub forum

[Fbiboy2002]

So
CR001 , obie and kamoe
Instead of chatting together what is your final advice to faro786?
Its very important step in his life in uk to take and you chatting!

[kamoe]

So
CR001 , obie and kamoe
Instead of chatting together what is your final advice to faro786?
Its very important step in his life in uk to take and you chatting!

1) The OP has already been given two options long ago.

2) No one here can tell them what to do, or give anyone officinal immigration advice if one is not a certified advisor; only point towards lawful alternatives.

3) This forum is not a professional solicitors' firm with final paid-for, signed, "definite answer"; it's an open space where volunteers contribute their opinions in the time they have available.

Kindly respect this disposition.