Pre settled status + return to uk

[Eshan bajaj]

Hi,

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

[JB007]

Hi,

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

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.

What is a partner and how UC works on a joint claim when one person cannot take public
https://www.gov.uk/government/publicati ... or-couples

Ensuring you don't take Universal Credit money when you cannot take UK publuc funds
https://www.turn2us.org.uk/Benefit-guid ... de-content


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/

2. Your previous posts state you married a french national in August 2018. I think that means that you have only used EEA regulations for 2 years and will only get pre-settled status. Wait for others to confrim or correct this.

3. She has Settled Stuates is ILR and she can claim UK benefits. Pre-settled status cant have Universal Credits/more money though their joint UC claim with a partner. The earnings/capital/land in any country/ a property they don't live in, in any country, affects their joint Universal Credit claim.

4. As long as it takes.

5. This information will be on the same gov.uk pages about the settlement scheme, that you you and your wife applied for.

[kamoe]

I got a confirmation that I am eligible for a Setteld status

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).

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?

This question has been asked multiple times in this forum, and the answer is still the same: You will get pre-settled status.

Time spent under other immigration categories does not count towards the 5 years required to be eligible for Settled Status. Your clock starts on the date these two conditions are first met simultaneously:

1) You are the family member of a EU citizen AND
2) You are in the UK

Since prior to your marriage condition 1) was not met, even if condition 2) is met (you living in the UK for years and years), your clock did not start when you first arrived in the UK.

If you got married in the UK your clock starts on date of marriage; if you got married abroad, your clock starts on date of arrival in the UK as a person married to a EU national.

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.

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.

[JB007]

You will get pre-settled status.

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".

Check if you have the right to reside for benefits
https://www.citizensadvice.org.uk/benef ... -benefits/

[JohndoesUK]

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.

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.

The 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.

[JB007]

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.

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.

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/

At the moment the UK is still in the transition period until 31 December 2020 and as those articles explain, if they haven't been granted Settled Status (which is ILR and does allow UK benefits) they can still use the EEA regulations "right to reside" for UK benefits, until 1 January 2021.

Which means that atm, the DWP look to see if the claimant/s have shown they have been granted Settled Status and if not, they then look to see if they have an EEA regs "right to reside". From 1 January 2021 they won't be using the EU right to reside anymore as the transition period would have ended.

The 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.

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.

[JB007]

Perhaps it might be clearer to say that the Pre-Settled Status (for all those using various EU routes to be in the UK) does not meet the criteria of the UK's "right to reside" in benefit speak. Pre-settled status is only limited leave to enter or remain in the UK.


Contibution based benefits are not affected by only having Pre-Settled Status as these benefits are based on the claimants own contributions to the UK. e.g New Style Jobseekers Allowance (used to be called Contribution based Jobseekers Allowance).

[Eshan bajaj]

my time line is as follow.

2010 to 2012 - student visa
2012 to 2014 - post study work visa
2014 to 2018 - tier 2 work permit
2018 - married to a french national in uk and eea family permit until 2023.

I applied for eea settled status in october and got pre settled in October.

Now I am in paris from past 2 months with my wife who has a setteled status.

Now I am planning to go back to uk in January or February.

Q1- can I enter uk with my eea family permit as it is valid until 2023.

Q2 - can I enter uk alone or do I need to be accompanied with my wife.

Q3 - can I still apply for ilr based on long stay. As I stayed in uk for over 10 years legally and without any gaps and is there any time limit to apply .

Thanks.

Eshan

[Eshan bajaj]

Dear all,

Please, could someone advice me on following.

1. I have pre settled status with eea family permit issued in uk, validity until october 2023 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.

Q1- can I enter uk alone with eea family permit as I have not changed my brc under the eea settlement scheme.

Q2- does pre settlement gives the entitlement to universal credit.

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.

Thanks,

Eshan

[kamoe]

1. I have pre settled status with eea family permit issued in uk, validity until october 2023

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.
If you have a plastic card valid for 5 years then it's a EEA Residence Card.

If you have a EEA Residence Card, it will valid until June 30th 2021. See the latest developments in this post.

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.

What are your wife's plans?

Q1- can I enter uk alone with eea family permit as I have not changed my brc under the eea settlement scheme.

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.

Q2- does pre settlement gives the entitlement to universal credit.

I think this is still a blurry matter. See this post.

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.

This is a question for the ILR section. Please post it there.

[JB007]

Q2- does pre settlement gives the entitlement to universal credit.

I think this is still a blurry matter. See this post.

Apart from any appeal the UK might make on the split decision (on the appeal mentioned in kamoe's link), the appeal judgement gave a stay until the end of February. Meaning the UK does not have to implement their decision to give Universal Credit to those on pre-settlement status, until the end of February 2021.

[JB007]

It seems from your recent posts that you left the UK and went to live in your wife's country (france) but that you want to return to the UK on your own, to try to get IRL under the 10 years route?
eea-route-applications/pre-settled-stat ... l#p1975877

Apart from the fact that pre-settlement status does not give the welfare benefit called Universal Credit, for UK benefits you would also have to prove that you intend to make the UK your home, which doesn't seem to be the case. Even British citizens canot have UK welfare benefits because they are in the UK for a few months before they leave again.

Have you looked to see if you can claim benefits from France while in the UK for a while?