EU settlement scheme - Non EU Spouse - application with BRP No response

[Hayley01]

Hi All

I have a quick question/need advice regarding the EU settled status scheme. I'm a non EEA national and I entered the UK in 2015 on a Tier 2 General visa with my then fiance who is an EEA national. We got legally married in April 2016 just before the brexit referendum and at the time we decided it was best I stay on the Tier 2 General visa in case there were any implications of brexit on the rights on EU citizens. Fast forward to 2019 and the settled status scheme will open end of March is it advisable to:

1. Apply for an EEA2 residence card at this stage and then for settled status?
2. We will have been in the UK for five years in August 2020, does switching my visa from tier 2 general to pre-settled status mean that my clock will be reset and leave me on the pre-settled status for another five years - alternative being sticking it out on the visa for another 18months
3. As I was not here as the spouse of an EU national but rather on the visa is it likely my pre-settled status application will be accepted

Thank you

[Hayley01]

Hi all

I was wondering if anyone else has applied as a spouse of an EU national to the EU settlement scheme specifically using a biometric residence permit (Tier 2 or other visa that is not an EEA family permit or residence card)?.

I applied on the 31st of April and linked my application to my husbands and my daughter (both EU nationals who have now been granted presettled status). I also added my BRP details to the application along with my marriage certificate and daughter's birth certificate. I also sent my passport to the home office on the 2nd of April where it was signed for as received. I have had no response since. I called them and they said they had seen my passport but that it now needed to be 'manually verified' although it is appearing as having been checked (according to person I spoke to last Wednesday) then received and not yet checked (by the person I spoke to on Friday) . They also said until that check has been done the 9 days processing time will not have yet started which is confusing because the guidance said it starts when they receive your document. They have asked me to check back next week as they don't know when my passport will be checked. I had thought the idea with linking applications was that they would be considered at once.

Has or is anyone else experiencing anything similar or does anyone have any advice?

[Sheikh123123]

hi hayley
same date i send them my passport ....on 2 april but i got my passport back today .. i think you have to wait as i apply i dont get anything yet just passport back..and online applaction still say that i need to send my passport

[Romy88]

1. Apply for an EEA2 residence card at this stage and then for settled status? - you will be offered settled status once you complete 5 years being a spouse of EU.

2. We will have been in the UK for five years in August 2020, does switching my visa from tier 2 general to pre-settled status mean that my clock will be reset and leave me on the pre-settled status for another five years - alternative being sticking it out on the visa for another 18months - well, do you think that it's better idea to spend thousands pounds, sit an exam of Life in the UK plus English language and apply for ILR? *ironic*

3. As I was not here as the spouse of an EU national but rather on the visa is it likely my pre-settled status application will be accepted - why not? Now your immigration route is changed, you got married to someone from Europe, had a child and therefore you are treated as Non-EU spouse of EU.

[Hayley01]

1. Apply for an EEA2 residence card at this stage and then for settled status? - you will be offered settled status once you complete 5 years being a spouse of EU.

2. We will have been in the UK for five years in August 2020, does switching my visa from tier 2 general to pre-settled status mean that my clock will be reset and leave me on the pre-settled status for another five years - alternative being sticking it out on the visa for another 18months - well, do you think that it's better idea to spend thousands pounds, sit an exam of Life in the UK plus English language and apply for ILR? *ironic*

3. As I was not here as the spouse of an EU national but rather on the visa is it likely my pre-settled status application will be accepted - why not? Now your immigration route is changed, you got married to someone from Europe, had a child and therefore you are treated as Non-EU spouse of EU.

Hi Romy thanks for this but I was looking for an answer to my post from today since I have already applied now.

[Hayley01]

hi hayley
same date i send them my passport ....on 2 april but i got my passport back today .. i think you have to wait as i apply i dont get anything yet just passport back..and online applaction still say that i need to send my passport

Thanks Sheikh, feels better knowing my situation is not somehow an outlier. Hoping I hear something back next week fingers crossed.

[Romy88]

Hi Romy thanks for this but I was looking for an answer to my post from today since I have already applied now.
[/quote]

You did not get what I meant but it doesn't really matter

Be patient and just wait.

[yezi0432]

Hi all and Hayley01,

I am in a similar situation. I am non-EEA national and have worked in the UK continuously since Jan 2015 under Tier 2 General work visa, so I am eligible to apply for ILR now. My husband is a EU and British dual national (gained citizenship in early 2018). We have been living together since June 2017 and got legally married in March 2019. My BRP card remains Tier 2 work visa. Could I please ask for some clarifications:

1. If I apply for EU settlement scheme, will I get settled status or pre-settled status?
2. If the 5-year continuous period clock reset when I apply for EU settlement scheme, does it start counting from June 2017 or March 2019?
3. Do I qualify under the Immigration (European Economic Area) Regulations 2016 section 15 (f) to have a right of permanent residence:
a person who—
(i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and
(ii)was, at the end of the period, a family member who has retained the right of residence.

Many thanks!

[NatCam]

Your clock starts March 2019.
It is called EU settlement scheme, so what you did in the past prior to getting married to an EU citizen doesn't really matter.
You will have to do paper application since your husband now is British.
You mentioned retained rights. Are you separeted already?

[yezi0432]

Sorry I didn't understand "retained rights". Not separated, we are still together
If the clock restarts, maybe it's worth just biting the bullet and pay the 2400 to get the ILR It's crazy how expensive this thing is. Only a year ago it was still 1k+.

[CR001]

Sorry I didn't understand "retained rights". Not separated, we are still together
If the clock restarts, maybe it's worth just biting the bullet and pay the 2400 to get the ILR It's crazy how expensive this thing is. Only a year ago it was still 1k+.

A year ago it was not £1k for ILR. It was £2297 in April 2018.