- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
We need more.Irishaodhan wrote: ↑Mon Jan 04, 2021 5:30 pmshe is on her first Definite Leave to Remain visa with the renewal date for June 2022.
Short answer is yes, since it is quick and free and is very likely also the quickest/cheapest route for her to obtain further leave. But again, it would be useful to know what her current status is.1) Should I apply for EU Settlement Scheme to make my wife's next visa application easier
You are asking the question the other way around. If anyone at all has any benefit from the EU Settlement Scheme it is her.2) Does my wife have to apply for the EU Settlement Scheme, or would she only have to do this if I apply for the EU Settlement Scheme?
A non-Indefinite Leave to Remain can be called either a Limited Leave to Remain or a Further Leave to Remain. A Definite Leave to Remain is a new one on us.
No worries. Happens to all of us.Irishaodhan wrote: ↑Mon Jan 11, 2021 8:50 pmSorry about the incorrect terminology. I feel like a complete idiot!
From what you describe, your wife is classified as the family member of either 1. or 2. above (are you dual Irish-British national?).Her biometric card states that her Type of Permit is a 'Spouse/Partner Leave to Remain' and is valid for two and a half years. The type of visa/application she applied for was 'Family Route'.
There is no "Leave to Remain immigration scheme". Again, pretty much everyone who eventually obtains a visa or permit and stays in the UK has leave to remain, and that can happen under a number of different routes; the list above is not exhaustive and only refers to some categories for family members.My wife's next visa will be her second Definite Leave to Remain, so this is confusing as surely she is a part of the Leave to Remain immigration scheme and would not need to apply for a separate scheme?
That would have been a good time to come here and ask!Irishaodhan wrote: ↑Tue Feb 02, 2021 9:39 pmWe both remember looking at the EEA route but were not sure if it applied to us
Maybe he/she lives in a parallel universe?and our solicitor never mentioned that route to us.
All points to that being the case, yes.If it is the case, we could have applied that way. I'll be kicking myself!
This is as straightforward as it can be. if you have only an Irish passport and have lived all your life in the UK, the obvious way for you would have been the EEA route. No competent solicitor would have told you or suggested you any other route.To answer your questions
1) I am only an Irish national citizen
2) I and my parents were born in the Rep. of Ireland
Correct, because any of Pre-Settled or Settled status is her visa.So if I understand you correctly - if I apply for the EU Settled Status, then my wife applies for Pre-Settled Status. She then does not have to apply for her second 'Spouse/Partner Leave to Remain' visa.
How long have you been married and living together in the UK? If more than 5 years, then she might get Settled Status directly, skipping Pre-Settled. The application is the same, she does not need to choose or do anything differently, only the outcome would be Settled or Pre-Settled.Then after five years on the pre-settled status, she applies for Settled Status
The electronic status itself is enough for her to remain legally in the UK. So strictly speaking that could be the end of it.and that will be her done with immigration/visa stuff?
I forgot to add that even if she has not yet completed 5 years as your wife in the UK, she can apply for Settled Status when she completes the five years from start of marriage, not from issue date of Pre-Settled status. So for example:kamoe wrote: ↑Wed Feb 03, 2021 9:29 amHow long have you been married and living together in the UK? If more than 5 years, then she might get Settled Status directly, skipping Pre-Settled. The application is the same, she does not need to choose or do anything differently, only the outcome would be Settled or Pre-Settled.Then after five years on the pre-settled status, she applies for Settled Status
If you are here on appendix FM then you are issued with a BRP. Back in August could use the BRP to apply using the app. After getting settled status and applying using the app and BRP my wife got a five year duration BRC as part of process. Not a lot of difference between the two apart from one saying permit and the other card.kamoe wrote: ↑Wed Feb 03, 2021 9:29 amThe electronic status itself is enough for her to remain legally in the UK. So strictly speaking that could be the end of it.
BUT if she wants to travel abroad or prove her right to work or right to rent, then she might want to get a new biometric card. If she applies for status with the app using her current biometric card, then he application for a new card is not included in the process and she needs to apply to convert her card separately. If she applies for status with 'online+post' option, then the application for a new card is built-in the process. Biometrics need to be taken if and when she embarks on a new biometric card process.
Oh, so if you apply with a card that is not a EEA card (e.g. a FM card outside of the EEA route, presumably the type of card the OPs' wife has), then the process will trigger the issuing of a new biometric card, without a separate process? And I am assuming new biometrics need to be taken?Br28016 wrote: ↑Wed Feb 03, 2021 2:10 pmIf you are here on appendix FM then you are issued with a BRP. Back in August could use the BRP to apply using the app. After getting settled status and applying using the app and BRP my wife got a five year duration BRC as part of process. Not a lot of difference between the two apart from one saying permit and the other card.
Yes my wife had the FM card as was not legible at the time to use the EU route. Would have been so much nicer.kamoe wrote: ↑Wed Feb 03, 2021 2:18 pmOh, so if you apply with a card that is not a EEA card (e.g. a FM card outside of the EEA route, presumably the type of card the OPs' wife has), then the process will trigger the issuing of a new biometric card, without a separate process? And I am assuming new biometrics need to be taken?Br28016 wrote: ↑Wed Feb 03, 2021 2:10 pmIf you are here on appendix FM then you are issued with a BRP. Back in August could use the BRP to apply using the app. After getting settled status and applying using the app and BRP my wife got a five year duration BRC as part of process. Not a lot of difference between the two apart from one saying permit and the other card.
I'm afraid you are not supposed to "join threads" like that.sunshine010101 wrote: ↑Sat Feb 13, 2021 1:19 pmHi
I am joining this thread and hopefully will find the answer here. My husband is from non-EU country and has a Permanent Residence Card and I have Settled status.I'm from Poland. I am wondering if he also should go via EU settlement scheme application. Is there anybody in the same or similar situation?
Many thanks.
Yes, I understand this will cancel her current visa.Irishaodhan wrote: ↑Sun Feb 28, 2021 7:57 pmSo I'm about to begin the process and by the way, she has only lived in the UK for just under two years so it would be per-settled status. Came over on as a fiance and then we applied for hersecond visa once married.
So by switching 'visas' this will nullify her her current visa which is valid until June 2022 and in 2024 (five years after she moved to the UK) she applies for Settled Status and that's it?
Thanks.
No NHS surcharge if she goes through EUSS.Irishaodhan wrote: ↑Wed Mar 10, 2021 9:36 pmAnd what about the NHS surcharge, will we no longer have t pay that??