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mihcis wrote: ↑Sat Jun 06, 2020 12:14 pmI am a dual UK/EU national, and my non-EU spouse joined me in UK 2 years ago on an EEA Family Permit, which was then upgraded to a Residence Card.
After the Settlement Scheme launch, I didn't bother applying for the settled status (as I have gotten UK citizenship), but my spouse submitted a Lounes-type application. As she entered UK for the first time as a resident 2 years ago, we thought she'd be eligible for the pre-settled status only.
I've just looked over the application (which we kept a copy of for records) and there was no question asking for a date when she entered UK. Instead, it asked for an NI number, which I assume they use to look up the working history/residency, but my spouse only got that less than 2 years ago. However, she relied on me as a spouse/sponsor in the Lounes-type application, where I had both a British citizenship and, prior to that, a long period of residence (> 5 years) in the UK as a qualifying EU citizen with a Permanent Residence certificate.
We thought that it was my spouse's length of residence which would determine whether a pre-settled or a settled status would be granted. I wonder if they've granted a settled status by mistake in our favour, and if so, whether we should do anything about it?
Unless they are using the "settled status" as a term encompassing both pre-settled and settled variants? Which I doubt.
I think that the OP will be fine, as Settled Status (or more precisely, ILR under Appendix EU of the Immigration Rules) is a grant by the Home Office. If they make a mistake, it is not that easy to undo, because it was an active decision by them and they are responsible for it.Zerubbabel wrote: ↑Tue Jun 09, 2020 2:06 pmHowever, I am not comfortable with the outcome here as it seems it was given without the applicant meeting the eligibility criteria.
Do you have any insight with regards to a subsequent application for British citizenship for my spouse. We originally thought she would get pre-settled status first, and then upgrade to settled status after accumulating 5 years of residence, in which case she could apply for citizenship immediately. But now she got the settled status after only 2 years of residence. Would she be able to apply for citizenship after accumulating 3 years of residence as a spouse of a British citizen (i.e. myself, who is a dual British-EU national)?secret.simon wrote: ↑Wed Jun 10, 2020 12:36 pmI think that the OP will be fine, as Settled Status (or more precisely, ILR under Appendix EU of the Immigration Rules) is a grant by the Home Office. If they make a mistake, it is not that easy to undo, because it was an active decision by them and they are responsible for it.
By contrast, PR was automatically acquired. All the Home Office did was to verify its existence. And such verification could have been in error and therefore the documentation (not the status itself, which may not have been acquired) could be revoked as being in error.
4.3 Previously Overlooked or Considered
Indefinite leave should not normally be revoked where the decision maker had the information available and either previously overlooked it, could reasonably have been expected to act on it or considered it and granted anyway.
Where the decision maker had the power/authority to grant leave and did so in error and if there was no deception by the applicant, it will not normally be appropriate to revoke the indefinite leave to remain or enter.
British Citizenship is not an immigration application and it's processed by an entirely different teams. Before applying, you have to ensure you meet all eligibility criteria for citizenship.mihcis wrote: ↑Sun Jun 14, 2020 9:13 pmDo you have any insight with regards to a subsequent application for British citizenship for my spouse. We originally thought she would get pre-settled status first, and then upgrade to settled status after accumulating 5 years of residence, in which case she could apply for citizenship immediately. But now she got the settled status after only 2 years of residence. Would she be able to apply for citizenship after accumulating 3 years of residence as a spouse of a British citizen (i.e. myself, who is a dual British-EU national)?secret.simon wrote: ↑Wed Jun 10, 2020 12:36 pmI think that the OP will be fine, as Settled Status (or more precisely, ILR under Appendix EU of the Immigration Rules) is a grant by the Home Office. If they make a mistake, it is not that easy to undo, because it was an active decision by them and they are responsible for it.
By contrast, PR was automatically acquired. All the Home Office did was to verify its existence. And such verification could have been in error and therefore the documentation (not the status itself, which may not have been acquired) could be revoked as being in error.
Rough timeline below.
Fairly certain that they have made a mistake, but as it is a mistake on their side, it is unlikely that she will have her ILR revoked (as mentioned in the post above by @cooldude2020.