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Nit pick: If your husband was a qualified person, or had achieved permanent residence (as opposed to having a DCPR), you were legally permitted to work.
This sounds accurate - a COA only allows you to maintain the status you had, which in this case was a visitor status.Courtneym wrote: ↑Sun Feb 09, 2020 3:20 pmI had called the Eu settlement scheme hotline to ask them when I got my COA if this meant I could work. They said that as I had entered as a tourist and not as a family member with a family permit, I would still be considered a tourist until I recieved the pre settlement status.
Brilliant! Thank you Courtneym, you’ve just saved me a ton of effort and anxiety!! We’re just going to follow the approach you took and hopefully everything works out. I’m also okay with the risk of it not working out ie if I need to leave and Re-enter the country for any reason, as I won’t be looking for a job as soon as I land (I have my existing job in Canada).Courtneym wrote: ↑Mon Feb 10, 2020 2:36 pmI did my biometrics on the 28th of December 2019 and then recieved my decision email on the 28th of January 2020.
I had contacted UKVI and was informed that It would be more ideal to enter with a family permit but because I was from New Zealand I could enter as a tourist/visitor. And then I would be able to apply for either the settled scheme or the EEA FM scheme. A family permit is really only for people who need a visa to get on the plane in the first place and who want/need to work while they are waiting for the application.
I had then contacted the settlement scheme hotline to verify this and they said that it was possible to apply from a visitor/tourist status.
I had been staying with my husband for a few weeks in Scotland (I entered the normal way as a tourist) and then we flew to Denmark to get married in December. When we came back I was prepare to get a stamp as proof of entering the uk. As a nz passport holder I was immediately directed to the egates. When I told them I wanted a stamp they said they don’t give stamps to nz passports anymore and directed me back to the egate. At the egate I walked over to the man at the desk and asked for a stamp and he just scanned my passport and gave it back to me.
They should not have done that. In https://www.gov.uk/uk-border-control/at-border-control it says:Courtneym wrote: ↑Mon Feb 10, 2020 2:36 pmI had been staying with my husband for a few weeks in Scotland (I entered the normal way as a tourist) and then we flew to Denmark to get married in December. When we came back I was prepare to get a stamp as proof of entering the uk. As a nz passport holder I was immediately directed to the egates. When I told them I wanted a stamp they said they don’t give stamps to nz passports anymore and directed me back to the egate. At the egate I walked over to the man at the desk and asked for a stamp and he just scanned my passport and gave it back to me.
If your husband has permanent residence (settled status doesn't count; possession of a DCPR is irrelevant except as evidence), then you were still entitled to work. And I am not sure that you did have visitor status. The Immigration (Leave to Enter and Remain) (Amendment) Order 2019 adds the regulation:When you must see a border control officer
You must see a border control officer and get a stamp in your passport if you’re from a non-EEA country and entering the UK:
* on a short term study visa up to 6 months
* with a Tier 5 Creative or Sporting certificate of sponsorship for up to 3 months (and you want to enter without a visa)
* on a permitted paid engagement
* to accompany or join your EEA family member
So using the egates can't make you a visitor against your will! The downside is that if you need leave to enter and don't have, it is unlawful if not illegal to enter without leave to enter.Further provision as to automatic grant of leave
8B.—(1) A person to whom this article applies may obtain leave to enter the United Kingdom by passing through an automated gate.
(2) This article applies to a person who–
(a)is a national of Australia, Canada, Japan, New Zealand, Singapore, South Korea or the United States of America;
(b)is travelling on a passport issued by one of the countries listed in sub-paragraph (a);
(c)is aged 12 or above; and
(d)is seeking to enter the United Kingdom as a visitor (standard) under Appendix V to the immigration rules.
(3) Leave under paragraph (1) is given for a period of six months.
(4) Such leave is subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).”
Richard W, I didn’t quite understand this part. The way I read it, I’m entering as a visitor if I used the egates. What am I missing?So using the egates can't make you a visitor against your will! The downside is that if you need leave to enter and don't have, it is unlawful if not illegal to enter without leave to enter.
The grant of one form of leave normally cancels any other leave. If passing through the gates conferred leave to enter as a visitor, it would be disastrous for someone with ILR to pass through these gates. Accordingly, requirement (d) ensures that one is only granted leave to enter as a visitor by passing through the gates if that is what one is after.avro1959 wrote: ↑Wed Feb 12, 2020 5:04 amRichard W, I didn’t quite understand this part. The way I read it, I’m entering as a visitor if I used the egates. What am I missing?So using the egates can't make you a visitor against your will! The downside is that if you need leave to enter and don't have, it is unlawful if not illegal to enter without leave to enter.