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EU settlement - Non EU family member - CoA and decision time

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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BGB
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Re: EU settlement - Non EU family member - CoA and decision time

Post by BGB » Wed May 13, 2020 8:58 pm

Hello,
Did anyone have to do a paper application? And has anyone applied through their sibling before? As in my case because I’m applying through my sister who has dual nationality, British and French, I have to do a paper application, which I’m kind of nerves about. So if anyone has taken this route please let me know how you found it. Thank you.

BGB
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Re: EU settlement - Non EU family member - CoA and decision time

Post by BGB » Wed May 13, 2020 9:09 pm

BGB wrote:
Wed May 13, 2020 8:58 pm
Hello,
Did anyone have to do a paper application? And has anyone applied through their sibling before? As in my case because I’m applying through my sister who has dual nationality, British and French, I have to do a paper application, which I’m kind of nerves about. So if anyone has taken this route please let me know how you found it. Thank you.
And do you need a residency card or family permit to be eligible for the EU settlement scheme? As I don’t have neither, but I can easily prove my residency as I’ve been to school here since pre-school. I spoke to a lady from the home office today and she said that you’re not obligated to, but I just wanted to double check. Has anyone applied without a residency card or family permit?

Saa123
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Saa123 » Wed May 13, 2020 9:12 pm

Alijee786 wrote:
Wed May 13, 2020 7:18 pm
Hi
Anyone waiting since November or earlier ??? I applied mid November 2019 and despite several efforts still waiting. Everytime its the same answer i get “ its under process”
Hi Ali
I applied beginning of November as well , no answer so far
I have called them yesterday they said your application in final stage
Let’s prey for every one will have good answer soon

lee123123123
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Re: EU settlement - Non EU family member - CoA and decision time

Post by lee123123123 » Wed May 13, 2020 10:25 pm

murmurka wrote:
Wed May 13, 2020 7:15 pm
lee123123123 wrote:
Wed May 13, 2020 2:42 pm
lee123123123 wrote:
Wed May 13, 2020 12:43 pm
I received my pre-settle status today.
My timeline:
Application submitted: 20th of January,2020
Biometrics: 27th of January
COA: 16th of March
Decision: 13th of May
I asked the MP of my Borough to follow up my case and he made an enquiry to the Home Office last week. Maybe it helps my case to get the result.
Hi. Would you mind sharing your email to MP? I might need to contact my MP as well, I submitted my application on 16 Jan, Biometrics 20 Jan, COA 5 Mar, no decision so far..
I only mentioned my situation which I had been writing for the COA more than a month after I submitted the application.

Alijee786
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Alijee786 » Thu May 14, 2020 12:01 am

Saa123 wrote:
Wed May 13, 2020 9:12 pm
Alijee786 wrote:
Wed May 13, 2020 7:18 pm
Hi
Anyone waiting since November or earlier ??? I applied mid November 2019 and despite several efforts still waiting. Everytime its the same answer i get “ its under process”
Hi Ali
I applied beginning of November as well , no answer so far
I have called them yesterday they said your application in final stage
Let’s prey for every one will have good answer soon
Lol same thing they told me. This what they are saying since January. Hope for the best!

Alijee786
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Alijee786 » Thu May 14, 2020 12:03 am

Misfits wrote:
Wed May 13, 2020 8:14 pm
Hi Alijee,

Yes I have been waiting since September 2019, for 6 months straight I called and they told me the same thing “it’s in process keep on eye on your email..”
It was after I contacted my MP , then they emailed me a week later asking for more information.
Standard reply to everyone!

EU_settlement2020
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Re: EU settlement - Non EU family member - CoA and decision time

Post by EU_settlement2020 » Thu May 14, 2020 1:03 am

Alijee786 wrote:
Wed May 13, 2020 7:18 pm
Hi
Anyone waiting since November or earlier ??? I applied mid November 2019 and despite several efforts still waiting. Everytime its the same answer i get “ its under process”
Hi Alijee786,
Waiting since end of November. Same answer from them everyday. Application has been in final stage since last year apparently :?

Jafri
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Jafri » Thu May 14, 2020 1:12 am

Makicaks wrote:
Mon May 11, 2020 11:52 am
I've got my pre-settled today.

So my timeline was:
Application submitted: 16th of January
Biometrics: 20th of January (paid 60 pounds to do it asap)
COA: 28th of February - I called them 3 times and sent an email because it has been more than a month since I submitted biometrics and I did not even have COA. Eventually, they sent it.
Decision: 11th of May- Sent several emails and called 2 times in March and April. The last email was about the expired visa last week and then they called me to make sure that I understand that if I have COA, I am fine. They told me that they are processing applications during the pandemic but under slightly reduced working times.

So it was four months for me. Overall, I am quite happy that it didn't take longer because I know that it took approx. 3-4months even before the virus. I applied with EEA Family Permit as a durable partner, no BRP.

Thank you for all of your support, really. I just wanted to share this info, to help you manage your expectations. I know how stressful it is to be waiting.

And good luck!

M.
Hi there,
Congratulations for your status, will be appreciated if you could help me bit.
I have applied eu settlement same like you did with an EEA FP,
I have given my fingerprints on 16 jan , COA received next day but still waiting for decision,
As my wife applied on 9 December 2019 after they asked some documents she received COA on 13 April,
So my question is does my biometric card and my wife pre settlement status will come together and how long More it could take...?
We both moved in uk on October 28, 2019,
And my EEA FP is already expired now

Regards Jafri

Jafri
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Jafri » Thu May 14, 2020 1:16 am

Makicaks wrote:
Mon May 11, 2020 11:52 am
I've got my pre-settled today.

So my timeline was:
Application submitted: 16th of January
Biometrics: 20th of January (paid 60 pounds to do it asap)
COA: 28th of February - I called them 3 times and sent an email because it has been more than a month since I submitted biometrics and I did not even have COA. Eventually, they sent it.
Decision: 11th of May- Sent several emails and called 2 times in March and April. The last email was about the expired visa last week and then they called me to make sure that I understand that if I have COA, I am fine. They told me that they are processing applications during the pandemic but under slightly reduced working times.

So it was four months for me. Overall, I am quite happy that it didn't take longer because I know that it took approx. 3-4months even before the virus. I applied with EEA Family Permit as a durable partner, no BRP.

Thank you for all of your support, really. I just wanted to share this info, to help you manage your expectations. I know how stressful it is to be waiting.

And good luck!

M.
Hi there,
Congratulations for your status, will be appreciated if you could help me bit.
I have applied eu settlement same like you did with an EEA FP,
I have given my fingerprints on 16 jan , COA received next day but still waiting for decision,
As my wife applied on 9 December 2019 after they asked some documents she received COA on 13 April,
So my question is does my biometric card and my wife pre settlement status will come together and how long More it could take...?
We both moved in uk on October 28, 2019,
And my EEA FP is already expired now

Regards Jafri

lifeinpain101
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Italy

Re: EU settlement - Non EU family member - CoA and decision time

Post by lifeinpain101 » Thu May 14, 2020 11:20 am

Jafri wrote:
Thu May 14, 2020 1:16 am
Makicaks wrote:
Mon May 11, 2020 11:52 am
I've got my pre-settled today.

So my timeline was:
Application submitted: 16th of January
Biometrics: 20th of January (paid 60 pounds to do it asap)
COA: 28th of February - I called them 3 times and sent an email because it has been more than a month since I submitted biometrics and I did not even have COA. Eventually, they sent it.
Decision: 11th of May- Sent several emails and called 2 times in March and April. The last email was about the expired visa last week and then they called me to make sure that I understand that if I have COA, I am fine. They told me that they are processing applications during the pandemic but under slightly reduced working times.

So it was four months for me. Overall, I am quite happy that it didn't take longer because I know that it took approx. 3-4months even before the virus. I applied with EEA Family Permit as a durable partner, no BRP.

Thank you for all of your support, really. I just wanted to share this info, to help you manage your expectations. I know how stressful it is to be waiting.

And good luck!

M.
Hi there,
Congratulations for your status, will be appreciated if you could help me bit.
I have applied eu settlement same like you did with an EEA FP,
I have given my fingerprints on 16 jan , COA received next day but still waiting for decision,
As my wife applied on 9 December 2019 after they asked some documents she received COA on 13 April,
So my question is does my biometric card and my wife pre settlement status will come together and how long More it could take...?
We both moved in uk on October 28, 2019,
And my EEA FP is already expired now

Regards Jafri
Hi,
Each one of you will eventually get his result seperately, probably your wife first as she is the EU national and thus acts as your sponsor.
As for the timeline, it is a bit random according to applicants' experiences. You just have to wait.
As for the family permit, you still have the legal right to stay in the UK as a family member of an EU national until the end of the year because of free movement.

Good luck

Makicaaa
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Makicaaa » Thu May 14, 2020 12:10 pm

Jafri wrote:
Thu May 14, 2020 1:16 am
Makicaks wrote:
Mon May 11, 2020 11:52 am
I've got my pre-settled today.

So my timeline was:
Application submitted: 16th of January
Biometrics: 20th of January (paid 60 pounds to do it asap)
COA: 28th of February - I called them 3 times and sent an email because it has been more than a month since I submitted biometrics and I did not even have COA. Eventually, they sent it.
Decision: 11th of May- Sent several emails and called 2 times in March and April. The last email was about the expired visa last week and then they called me to make sure that I understand that if I have COA, I am fine. They told me that they are processing applications during the pandemic but under slightly reduced working times.

So it was four months for me. Overall, I am quite happy that it didn't take longer because I know that it took approx. 3-4months even before the virus. I applied with EEA Family Permit as a durable partner, no BRP.

Thank you for all of your support, really. I just wanted to share this info, to help you manage your expectations. I know how stressful it is to be waiting.

And good luck!

M.
Hi there,
Congratulations for your status, will be appreciated if you could help me bit.
I have applied eu settlement same like you did with an EEA FP,
I have given my fingerprints on 16 jan , COA received next day but still waiting for decision,
As my wife applied on 9 December 2019 after they asked some documents she received COA on 13 April,
So my question is does my biometric card and my wife pre settlement status will come together and how long More it could take...?
We both moved in uk on October 28, 2019,
And my EEA FP is already expired now

Regards Jafri

To be honest, I don't know if you will receive it at the same time. In my case, my partner lived in the uk before and I joined him. He already had presettled when I applied and linked my application to his status. But don't worry that your fp expired. When you receive COA, your visa is automatically extended by the date when you receive the application outcome. If you call resolution centre, they can confirm that. I hope all goes well with your applications.

Makicaaa
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Makicaaa » Thu May 14, 2020 12:16 pm

BGB wrote:
Tue May 12, 2020 10:18 am
Makicaaa wrote:
Tue May 12, 2020 12:06 am
BGB wrote:
Mon May 11, 2020 7:33 pm
lifeinpain101 wrote:
Mon May 11, 2020 2:11 pm
Congratulations!!
If I may ask, what did you bring with you to your biometrics appointment and did you book it through UKVCAS? And did you go to a core or enhanced service point?
Hello

For the biometrics, you need to book through the UKVCAS website and it does not matter if it is core or enhanced. Just book the most convenient for you in terms of date, location and price (some can be free, you just have to search carefully but it might be a later appointment than paid appointments that can be for the next day).
You just need to bring your passport, the receipt for the appointment and they will take your picture, your fingerprints and your signature. That is it.
Thank you for replying you’re helping me so much. Another question where do I get the biometric receipt from? Will it come by post or email? Cos I have an email saying I should book my biometric appointment which of course I can’t do it right now, and other than my passport I don’t need to bring other documents right? Because my UKVCAS has a section that says upload documents, so do I bring those same documents to the appointment?
I know what you mean, upload the same documents you did uploaded before. You don't bring documents with you, just passport, brp if you have and confirmation of appointment. You cannot book now I guess (because of covid19), but when they reopen you book through ukvcas. Hope it helps.


So the same documents I upload on my EU application I should upload them on my UKVCAS account? Thanks one again.
[/quote]

Yea, that is what I did. I found it odd, but you just upload everything again. Honestly, they say it is straightforward but it is not. It is not intuitive and not clear. I am talking about people who need to do biometrics.

Jafri
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Posts: 6
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United Kingdom

Re: EU settlement - Non EU family member - CoA and decision time

Post by Jafri » Thu May 14, 2020 1:18 pm

lifeinpain101 wrote:
Thu May 14, 2020 11:20 am
Jafri wrote:
Thu May 14, 2020 1:16 am
Makicaks wrote:
Mon May 11, 2020 11:52 am
I've got my pre-settled today.

So my timeline was:
Application submitted: 16th of January
Biometrics: 20th of January (paid 60 pounds to do it asap)
COA: 28th of February - I called them 3 times and sent an email because it has been more than a month since I submitted biometrics and I did not even have COA. Eventually, they sent it.
Decision: 11th of May- Sent several emails and called 2 times in March and April. The last email was about the expired visa last week and then they called me to make sure that I understand that if I have COA, I am fine. They told me that they are processing applications during the pandemic but under slightly reduced working times.

So it was four months for me. Overall, I am quite happy that it didn't take longer because I know that it took approx. 3-4months even before the virus. I applied with EEA Family Permit as a durable partner, no BRP.

Thank you for all of your support, really. I just wanted to share this info, to help you manage your expectations. I know how stressful it is to be waiting.

And good luck!

M.
Hi there,
Congratulations for your status, will be appreciated if you could help me bit.
I have applied eu settlement same like you did with an EEA FP,
I have given my fingerprints on 16 jan , COA received next day but still waiting for decision,
As my wife applied on 9 December 2019 after they asked some documents she received COA on 13 April,
So my question is does my biometric card and my wife pre settlement status will come together and how long More it could take...?
We both moved in uk on October 28, 2019,
And my EEA FP is already expired now

Regards Jafri
Hi,
Each one of you will eventually get his result seperately, probably your wife first as she is the EU national and thus acts as your sponsor.
As for the timeline, it is a bit random according to applicants' experiences. You just have to wait.
As for the family permit, you still have the legal right to stay in the UK as a family member of an EU national until the end of the year because of free movement.

Good luck
Thank you so much

Mani913
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Posts: 30
Joined: Mon Dec 23, 2019 8:48 pm
Pakistan

Re: EU settlement - Non EU family member - CoA and decision time

Post by Mani913 » Thu May 14, 2020 7:27 pm

lifeinpain101 wrote:
Mon Apr 27, 2020 11:53 am
Hello

Has anybody who did his/her biometrics in Feb or March 2020 got an answer (CoA or status)?

Thank you
Hello

I applied for settle status on basis of 5 years residence card as unmarried partner of EU national.

Application Submitted: 29-02-20
Biometrics: 03-03-20
Emailed received from home office regarding photo:06-05-20
Phone call received for another photograph:08-05-20
CoA Received: 14-05-20
Final Decision: Waiting

Mooked
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Posts: 11
Joined: Sat Sep 14, 2019 3:01 pm
United Kingdom

Re: EU settlement - Non EU family member - CoA and decision time

Post by Mooked » Fri May 15, 2020 8:46 pm

Hi all,

just thought I'd update you on the timeframe of my wife (non EU citizen) to give you some perspective!

Applied for Pre Settled Satus: 18/03
Biometrics: 20/03
Received the CoA: 13/05

Not too bad, considering that there is this Corona situation going on! I will keep you all posted on when we receive the pre-settled status, but I suppose that now it's just a waiting game! :D

Showboy12
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Posts: 1
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Nigeria

Re: EU settlement - Non EU family member - CoA and decision time

Post by Showboy12 » Fri May 15, 2020 9:06 pm

Good day to you all I have been following up on this so I have a quick update for you guys. I applied for pre settled status Last year march which was granted after 3 months, my marriage was 5 years this January so I went ahead to apply for settled status, so just to let you all know after waiting for nearly 5 months my settled status arrived on the 14 of May on my email I am so happy after a long wait I wish you all the best of luck

minttie
Newbie
Posts: 35
Joined: Mon Nov 02, 2015 11:49 am
China

Re: EU settlement - Non EU family member - CoA and decision time

Post by minttie » Sat May 16, 2020 4:02 pm

Husband EEA 5 years HMRC data
I’m non EEA more than 5 years UK residency with residence card

31/03/2020 applied for husband via the app
01/04/2020 ILR/settled status granted via email
01/04/2020 applied for myself via the app, scanned passport and residence card via app, uploaded bank statements and council tax bill to prove 5 years UK residency online (because I only have 3 years on HRMC database)
04/05/2020 rang customer resolution centre, “we’ve got all your documents, no further request atm, just having a delay due to current situation”
14/05/2020 rang again, same response, not possible to accelerate the application at all

Looking at other posts here, I’d assume I need to wait for another 5 months for the result then :cry:

Already cost me a mortgage application on a new house as lender (BOI UK) is not happy with my legal status in the UK, they want to see my ILR even though my residence card expires in 2021 :cry:

minttie
Newbie
Posts: 35
Joined: Mon Nov 02, 2015 11:49 am
China

Re: EU settlement - Non EU family member - CoA and decision time

Post by minttie » Sat May 16, 2020 5:09 pm

Thanks to everyone that mentioned “write to MP” in this thread! I’ve sent an email to mine, fingers crossed.

khannn99
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Re: EU settlement - Non EU family member - CoA and decision time

Post by khannn99 » Sun May 17, 2020 1:11 pm

Hi guys .. can anyone please tell me
If i can apply to EU SETTLEd/pre settled status as spouse of EU citizen. We both live in the UK and she works here. previously i got refused a residence card under EU Fm case back in 2018. Is it possible to apply under EU settled/pre settled status without any residence card or valid visa.

Ed1993
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Posts: 1
Joined: Sun May 17, 2020 1:01 pm
Brazil

Re: EU settlement - Non EU family member - CoA and decision time

Post by Ed1993 » Sun May 17, 2020 1:17 pm

Hi everybody!
I am Brazilian married to a settled German (he also has indefinite leave to remain under UK Immigration Law) and I have submitted my fingerprints on March 17th and got my Coa on May 13th.
I have emailed a lawyer and she said that the letter is enough to prove that I can work in the country but my research shows something different!
I think I have received what they call a “short” COA. I was reading “An Employer’s Guide to Rights to Work Check”, published by the Home Office and updated in January 2019, and it says that:

“If you are presented with a ‘short’ Certificate of Application that does not state that work is permitted, this will not demonstrate a right to work and the Home Office Employer Checking Service will provide a Negative Verification Notice.”

The question now is: does my letter state that work is permitted or not?

The full letter says:

“This certificate of application confirms receipt of your valid application under the EU Settlement Scheme. You will receive a decision in due course.
You can continue to rely on any rights you have as an EEA or Swiss citizen, or as the family member of an EEA or Swiss citizen or as a person with a derivative right of residence under EU law whilst those rights remain in force in the UK. Further information can be found at www.gov.uk/right-to-reside .
If you have sent us your passport or identity document in support of your application, and it is not enclosed with this certificate of application, we will return it as soon as we can. You should not make any travel plans until it is returned to you. If you need your passport because you have to travel urgently and unexpectedly, please use the return of documents request form at: www.gov.uk/visa-documents-returned .
We will contact you if we need any further information in order to process your application.
We will use the email address and mobile phone number you gave us in your application to contact you and to tell you about the decision on your application. If these details have changed, you need to tell us by going to 'Update your EU Settlement Scheme details' which can be found at: update-your-details.homeoffice.gov.uk/.
If you have any queries about your application, you can call the EU Settlement Resolution Centre (SRC);
Calling from inside the UK: 0300 123 7379 Calling from outside the UK: +44 203 080 0010
Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi- inside-outside-uk.
Note for employers
A person who has applied under the EU Settlement Scheme may already have a right to work in the UK on the basis of EU law.
Currently, EEA and Swiss citizens can demonstrate their right to work with their valid EEA or Swiss passport or national identity card. Non-EEA family members of EEA or Swiss citizens, or a person with a derivative right of residence can demonstrate their right to work in the UK with a valid biometric residence document for as long as they continue to have those rights under EU law.
If a non-EEA family member of an EEA or Swiss citizen does not have a biometric residence document, you can request information about their right to work by using the e- form which can be found at: www.immigrationstatuscheck.service.gov.uk/employers/.
Further information about the Employer Checking Service and the responsibilities of employers can be found at: www.gov.uk/employee-immigration-employment-status.
Yours sincerely,
UKVI European Casework
On Behalf of the Secretary of State”

eke123
Junior Member
Posts: 91
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Nigeria

Re: EU settlement - Non EU family member - CoA and decision time

Post by eke123 » Sun May 17, 2020 1:32 pm

khannn99 wrote:
Sun May 17, 2020 1:11 pm
Hi guys .. can anyone please tell me
If i can apply to EU SETTLEd/pre settled status as spouse of EU citizen. We both live in the UK and she works here. previously i got refused a residence card under EU Fm case back in 2018. Is it possible to apply under EU settled/pre settled status without any residence card or valid visa.
It's possible
Are you married or are you in a durable relationship
Please read the guidelines below


EU Settlement Scheme: evidence of relationship to an EU citizen

If you hold a valid document which confirms your right of permanent residence in the UK

You’ll not need to provide any evidence about your family relationship to an EU citizen if you have a valid permanent residence card issued to you under the EEA Regulations on the basis of your family relationship to that EU citizen.

If you hold a residence card as the family member of an EU citizen

If you have a valid biometric residence card (BRC) as a family member of an EU citizen which does not confirm your right of permanent residence in the UK, this will be accepted as evidence of your relationship to that person if it was issued to you on the basis of that relationship and that relationship continues to exist (or did so for the period of residence relied upon).

You can tell if it’s the right type of BRC if:

on the back it says ‘EU Right to Reside’at the bottom it says ‘Residence card of a Family member of a union citizen’ or ‘Residence card issued under the EEA regulations’

You’ll also need to provide evidence of:

the identity and nationality of that EU citizenthe continuous UK residence of that EU citizen

You’ll need to provide evidence of your family relationship to an EU citizen resident in the UK if:

your BRC was not issued to prove your family relationship to an EU citizenyour BRC was issued to prove your family relationship to an EU citizen but you’re now relying on a family relationship with a different EU citizenyou do not have a BRC

Documents you must provide to show evidence of your relationship to an EU citizen

You can upload evidence of your relationship in your application. This evidence can be scans or photos of documents. The Home Office can require you to submit the original document where it has reasonable doubt as to the authenticity of the copy relied upon.

If you’re their spouse or civil partner

You’ll only need to provide this evidence if you do not have a relevant document issued to you on the basis that you’re the EU citizen’s spouse or civil partner.

A relevant document here includes:

a family permita residence card

You must provide evidence of your marriage or civil partnership. Accepted forms of evidence include:

a valid document of record of a marriage or civil partnership recognised under the law of England and Wales, Scotland or Northern Ireland, such as a marriage or civil partnership certificatea valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004

If you’re their unmarried (durable) partner

You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EU citizen.

A relevant document here includes:

a family permit
a residence card

You must provide evidence that your durable partnership with the EU citizen continues to subsist.

The list below gives some examples but is not exhaustive. Each case will be considered on a case by case basis.

Evidence that you’ve lived together for at least the past 2 years:

bank statements or utility bills in joint names at the same addressresidential mortgage statement or tenancy agreement in joint namesofficial correspondence that links you at the same address

Evidence of joint finances, business ventures or commitments for at least the past 2 years:

tax returns, business contracts or investments

Evidence of joint responsibility for a child:

the child’s birth certificate which names both parentsa custody agreement showing that you’re living together and sharing parental responsibility

Alijee786
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Mood:
Pakistan

Re: EU settlement - Non EU family member - CoA and decision time

Post by Alijee786 » Sun May 17, 2020 2:28 pm

khannn99 wrote:
Sun May 17, 2020 1:11 pm
Hi guys .. can anyone please tell me
If i can apply to EU SETTLEd/pre settled status as spouse of EU citizen. We both live in the UK and she works here. previously i got refused a residence card under EU Fm case back in 2018. Is it possible to apply under EU settled/pre settled status without any residence card or valid visa.
If you are recognised married partner only then you can apply directly for euss.

Alijee786
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Re: EU settlement - Non EU family member - CoA and decision time

Post by Alijee786 » Sun May 17, 2020 2:32 pm

Ed1993 wrote:
Sun May 17, 2020 1:17 pm
Hi everybody!
I am Brazilian married to a settled German (he also has indefinite leave to remain under UK Immigration Law) and I have submitted my fingerprints on March 17th and got my Coa on May 13th.
I have emailed a lawyer and she said that the letter is enough to prove that I can work in the country but my research shows something different!
I think I have received what they call a “short” COA. I was reading “An Employer’s Guide to Rights to Work Check”, published by the Home Office and updated in January 2019, and it says that:

“If you are presented with a ‘short’ Certificate of Application that does not state that work is permitted, this will not demonstrate a right to work and the Home Office Employer Checking Service will provide a Negative Verification Notice.”

The question now is: does my letter state that work is permitted or not?

The full letter says:

“This certificate of application confirms receipt of your valid application under the EU Settlement Scheme. You will receive a decision in due course.
You can continue to rely on any rights you have as an EEA or Swiss citizen, or as the family member of an EEA or Swiss citizen or as a person with a derivative right of residence under EU law whilst those rights remain in force in the UK. Further information can be found at www.gov.uk/right-to-reside .
If you have sent us your passport or identity document in support of your application, and it is not enclosed with this certificate of application, we will return it as soon as we can. You should not make any travel plans until it is returned to you. If you need your passport because you have to travel urgently and unexpectedly, please use the return of documents request form at: www.gov.uk/visa-documents-returned .
We will contact you if we need any further information in order to process your application.
We will use the email address and mobile phone number you gave us in your application to contact you and to tell you about the decision on your application. If these details have changed, you need to tell us by going to 'Update your EU Settlement Scheme details' which can be found at: update-your-details.homeoffice.gov.uk/.
If you have any queries about your application, you can call the EU Settlement Resolution Centre (SRC);
Calling from inside the UK: 0300 123 7379 Calling from outside the UK: +44 203 080 0010
Further details on contacting us can be found on our website: www.gov.uk/contact-ukvi- inside-outside-uk.
Note for employers
A person who has applied under the EU Settlement Scheme may already have a right to work in the UK on the basis of EU law.
Currently, EEA and Swiss citizens can demonstrate their right to work with their valid EEA or Swiss passport or national identity card. Non-EEA family members of EEA or Swiss citizens, or a person with a derivative right of residence can demonstrate their right to work in the UK with a valid biometric residence document for as long as they continue to have those rights under EU law.
If a non-EEA family member of an EEA or Swiss citizen does not have a biometric residence document, you can request information about their right to work by using the e- form which can be found at: www.immigrationstatuscheck.service.gov.uk/employers/.
Further information about the Employer Checking Service and the responsibilities of employers can be found at: www.gov.uk/employee-immigration-employment-status.
Yours sincerely,
UKVI European Casework
On Behalf of the Secretary of State”
I did my ecs and it came positive. But still struggling to find work as employers dont seem to accept it. When i spoke to resolution centre they said its upto employers if they want to accept it or not. We cannot do anything. This is totally a mess.

khannn99
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Re: EU settlement - Non EU family member - CoA and decision time

Post by khannn99 » Sun May 17, 2020 6:16 pm

Alijee786 wrote:
Sun May 17, 2020 2:28 pm
khannn99 wrote:
Sun May 17, 2020 1:11 pm
Hi guys .. can anyone please tell me
If i can apply to EU SETTLEd/pre settled status as spouse of EU citizen. We both live in the UK and she works here. previously i got refused a residence card under EU Fm case back in 2018. Is it possible to apply under EU settled/pre settled status without any residence card or valid visa.
If you are recognised married partner only then you can apply directly for EU Settlement Scheme.

What is a recognise partner? We are married and have a polish marriage certificate.

khannn99
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Re: EU settlement - Non EU family member - CoA and decision time

Post by khannn99 » Sun May 17, 2020 6:17 pm

eke123 wrote:
Sun May 17, 2020 1:32 pm
khannn99 wrote:
Sun May 17, 2020 1:11 pm
Hi guys .. can anyone please tell me
If i can apply to EU SETTLEd/pre settled status as spouse of EU citizen. We both live in the UK and she works here. previously i got refused a residence card under EU Fm case back in 2018. Is it possible to apply under EU settled/pre settled status without any residence card or valid visa.

We are married and have a Polish marriage certificate. Along with certified english translation .

It's possible
Are you married or are you in a durable relationship
Please read the guidelines below


EU Settlement Scheme: evidence of relationship to an EU citizen

If you hold a valid document which confirms your right of permanent residence in the UK

You’ll not need to provide any evidence about your family relationship to an EU citizen if you have a valid permanent residence card issued to you under the EEA Regulations on the basis of your family relationship to that EU citizen.

If you hold a residence card as the family member of an EU citizen

If you have a valid biometric residence card (BRC) as a family member of an EU citizen which does not confirm your right of permanent residence in the UK, this will be accepted as evidence of your relationship to that person if it was issued to you on the basis of that relationship and that relationship continues to exist (or did so for the period of residence relied upon).

You can tell if it’s the right type of BRC if:

on the back it says ‘EU Right to Reside’at the bottom it says ‘Residence card of a Family member of a union citizen’ or ‘Residence card issued under the EEA regulations’

You’ll also need to provide evidence of:

the identity and nationality of that EU citizenthe continuous UK residence of that EU citizen

You’ll need to provide evidence of your family relationship to an EU citizen resident in the UK if:

your BRC was not issued to prove your family relationship to an EU citizenyour BRC was issued to prove your family relationship to an EU citizen but you’re now relying on a family relationship with a different EU citizenyou do not have a BRC

Documents you must provide to show evidence of your relationship to an EU citizen

You can upload evidence of your relationship in your application. This evidence can be scans or photos of documents. The Home Office can require you to submit the original document where it has reasonable doubt as to the authenticity of the copy relied upon.

If you’re their spouse or civil partner

You’ll only need to provide this evidence if you do not have a relevant document issued to you on the basis that you’re the EU citizen’s spouse or civil partner.

A relevant document here includes:

a family permita residence card

You must provide evidence of your marriage or civil partnership. Accepted forms of evidence include:

a valid document of record of a marriage or civil partnership recognised under the law of England and Wales, Scotland or Northern Ireland, such as a marriage or civil partnership certificatea valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership Act 2004

If you’re their unmarried (durable) partner

You must hold a relevant document issued to you under the EEA Regulations on the basis that you’re the durable partner of an EU citizen.

A relevant document here includes:

a family permit
a residence card

You must provide evidence that your durable partnership with the EU citizen continues to subsist.

The list below gives some examples but is not exhaustive. Each case will be considered on a case by case basis.

Evidence that you’ve lived together for at least the past 2 years:

bank statements or utility bills in joint names at the same addressresidential mortgage statement or tenancy agreement in joint namesofficial correspondence that links you at the same address

Evidence of joint finances, business ventures or commitments for at least the past 2 years:

tax returns, business contracts or investments

Evidence of joint responsibility for a child:

the child’s birth certificate which names both parentsa custody agreement showing that you’re living together and sharing parental responsibility

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