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1.Settled status allows UK benefits but pre-settled status does not. Your wife can take Universal Credit as she has settled status and she must make a joint claim as she lives with a partner, but she might not be able to take Universal Credit benefit money for you until you hold settled status: unless she qualifies for Universal Credit under the EEA regualtions and therefore you do too. Because the UK is in the transition period up to 31 December 2020, you might be able to use the old EU "right to reside" to increase the benefit money from UC, until 1 Janaury 2021, but only if your EU wife meets the EEA regulation critieria for UK benefits.Eshan bajaj wrote: ↑Fri Sep 18, 2020 11:27 amHi,
I am Indian national came to uk on student visa in 2010.
2012 to 2014 - psw visa
2014 to 2018 - tier2 work permit
2018 August - august 2023 - eea family permit.
My wife and myself applied under settlement scheme last week. She got the setteled status within 2 days and I got a confirmation that I am eligible for a setteled status and my application is under consideration. In the proof all I have submitted is my brp.
Q1 - my wife and myself we both been retundant and we applied for universal credit 1 month back and will start getting our payments as joint from this month. Does the application for universal credit affect my application for settlement.
Q2- what will I get as I am living in uk for more than 10 years but married for just over 2 years. Will I get setteled status or pre settled status?
Q3 - Do I loose my rights after a certain period of time if my wife and myself are still claiming universal credit as she is no longer exercising her treaty rights and is not a qualified person?
Q4- how long will it take for my application as its already 2 weeks and it says usually they give the decision in 5 working days.
Q5 - Also we are planning to go and live abroad for 2 years. So how can I re- enter uk, as my eea family permit will not be valid after December 2020.
Thanks
Please be aware that this is not a confirmation of your eligibility. It is simply a standard message sent to everyone with more than 5 years of NINO records. They can, and will, come back and tell you that although you have lived in the UK for more than 5 years you are not eligible for settled status (see below).I got a confirmation that I am eligible for a Setteld status
This question has been asked multiple times in this forum, and the answer is still the same: You will get pre-settled status.Eshan bajaj wrote: ↑Fri Sep 18, 2020 11:27 amQ2- what will I get as I am living in uk for more than 10 years but married for just over 2 years. Will I get setteled status or pre settled status?
I have seen this ranging from 24 hours to a number of months. I believe is faster for EU nationals, and takes time for their family members, specially in your case, when looks like you are eligible for Settled but actually only qualify for pre-Settled. I waited exactly 5 months myself in your exact same case (more than 5 years in the UK but only 3 as EU family member). Be prepared to wait.Q4- how long will it take for my application as its already 2 weeks and it says usually they give the decision in 5 working days.
In which case, pre-settled status does not allow you to take Universal Credit benefit money Eshan bajaj , but you will be on a partner claim with your wife who has settled status, see my post above. As said, you might be able to claim benefit money for yourself from Universal Credit on that claim, up to 31 December 2020, using the EEA regualtions while the UK is in the transition period, if your wife has the EEA citizens "Right to Reside".
I am no expert by any means but from my reading it seems the OP will most likely qualify for benefits, as will the vast majority of people with pre-settled status. People on pre-settled status do not automatically qualify for benefits like people with settled status but all they need to do to prove their eligibility for public help is prove they have the 'right to reside' which is proving they are either i) working, ii) self-sufficient, iii) seeking work or iv) have a family member with the 'right to reside'. I suspect the vast majority of people on pre-settled status will be able to satisfy at least one of these requirements.JB007 wrote: ↑Fri Sep 18, 2020 1:16 pm1.Settled status allows UK benefits but pre-settled status does not. Your wife can take Universal Credit as she has settled status and she must make a joint claim as she lives with a partner, but she might not be able to take Universal Credit benefit money for you until you hold settled status: unless she qualifies for Universal Credit under the EEA regualtions and therefore you do too. Because the UK is in the transition period up to 31 December 2020, you might be able to use the old EU "right to reside" to increase the benefit money from UC, until 1 Janaury 2021, but only if your EU wife meets the EEA regulation critieria for UK benefits.
And the EEA regulations end on 31 December 2020 and with it, the EU's "right to reside" to get UK welfare benefits. Pre-Settled Status does not give access to UK welfare benefits.JohndoesUK wrote: ↑Sat Sep 19, 2020 9:03 amI am no expert by any means but from my reading it seems the OP will most likely qualify for benefits, as will the vast majority of people with pre-settled status. People on pre-settled status do not automatically qualify for benefits like people with settled status but all they need to do to prove their eligibility for public help is prove they have the 'right to reside' which is proving they are either i) working, ii) self-sufficient, iii) seeking work or iv) have a family member with the 'right to reside'. I suspect the vast majority of people on pre-settled status will be able to satisfy at least one of these requirements.
JB07 wrote: ↑Fri Sep 18, 2020 1:16 pm
You can continue to claim benefits and get help with housing from your local council until 31 December 2020.
After that date, some benefits like Universal Credit, Pension Credit and Child Benefit might stop if you don’t have settled status. You might not be able to get help with housing from your local council.
https://www.citizensadvice.org.uk/immig ... om-the-eu/
Pre-settled status is Limited leave to Remain - no access to UK public funds. That link was to show how a joint Universal Credit claim is worked out when one partner is allowed Universal Credit and the other is not.JohndoesUK wrote: ↑Sat Sep 19, 2020 9:03 amThe other link that you posted on non-EU citizens rights to benefits was talking about non-EU citizens who have no recourse to public funds. These are not people on pre-settled status but people who have limited leave to remain obtained under domestic immigration rules.
First things first. I do not think you have a EEA Family Permit. Those are a sticker on your passport and are valid only for 6 months.Eshan bajaj wrote: ↑Wed Dec 30, 2020 7:28 am1. I have pre settled status with eea family permit issued in uk, validity until october 2023
What are your wife's plans?and my wife is french national with a setteled status.
In November we both came to France and since then we are here.
Now I am planning to go back to uk in mid January.
As said above, generally speaking, EEA RCs are valid until June 30th 2021. On arrival, you will likely get asked the question of where your wife is. You might face issues if it is apparent she has left the UK/no longer lives in the UK. Hence the question of what her plans are.Q1- can I enter uk alone with eea family permit as I have not changed my brc under the eea settlement scheme.
I think this is still a blurry matter. See this post.Q2- does pre settlement gives the entitlement to universal credit.
This is a question for the ILR section. Please post it there.Q3 - I have lived in uk for more than 10 years legally. Now if I want to apply for ilr based on long stay, what is the maximum gap allowed as I completed my 10 years in july 2020 and living in paris since November.
kamoe wrote: ↑Mon Jan 04, 2021 1:21 pmI think this is still a blurry matter. See this post.Eshan bajaj wrote: ↑Wed Dec 30, 2020 7:28 am
Q2- does pre settlement gives the entitlement to universal credit.