kamoe wrote: ↑Wed Jul 21, 2021 4:27 pm
New on forum wrote: ↑Wed Jul 21, 2021 4:25 pm
Obie wrote: ↑Wed Jul 21, 2021 4:21 pm
That will be unlawful, as you status is independent of what your partner chooses to apply for.
Partner should not have applied for PSS in the first place.
Thanks for your kind reply.
We thought it will help with my initial application back then.
Regretting it now
Can you please share exact wording of the decision letter where they grant Pre-Settled status to your spouse? They usually explain why Pre Settled instead of Settled.
I am pleased to inform you that your application under the EU Settlement Scheme has been successful and that you have been granted Limited Leave in the United Kingdom under Part 1 of Appendix EU to the Immigration Rules. This is also referred to as pre- settled status. If you were within the UK on the date of your application, you have been granted Limited Leave to Remain. If you were outside the UK on the date of your application, you have been granted Limited Leave to Enter. This means that you have a secure status under UK law. You can continue (as set out later in this letter) to:
work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if you are eligible for them
travel in and out of the UK
Your status takes effect from the date of this letter, which can be found above.
This letter is your written notification of leave, which you may wish to keep for your personal records, but it is not proof of your status and cannot be used to prove your status to others. Instead, you can view and share details of your status with others using the Home Office online status service 'View and Prove your Settled and Pre-Settled Status':
www.gov.uk/view-your-settled-status.
More information about using this online service to view your status and share it with others is in the section below titled important information.
If you remain in the UK, you will qualify for settled status as soon as you have been resident in the UK for five continuous years and meet the relevant conditions as set out here:
www.gov.uk/settled-status-eu-citizens-f ... d-to-apply.
Your pre-settled status does not expire until 01 February 2025 but you can apply for settled status as soon as you qualify for it.
If you are absent from the UK for a continuous period of more than two years, your pre- settled status will lapse, unless you are overseas on Crown Service or with HM Forces, or you are the eligible family member accompanying such a person.
What this means for you
Tel 03001237379
Web
http://www.gov.uk/ukvi
Dear
Our Ref Date
31 January 2020
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You have permission to stay in the UK for five years from the date of this letter. If you wish to apply for settled status under the EU Settlement Scheme, you can do so as soon as you meet the qualifying criteria for this. More information on the qualifying criteria for the EU Settlement Scheme can be found at:
www.gov.uk/settled-status-eu-citizens- families. You should make an application when you believe you qualify for settled status and before your pre-settled status expires.
You can continue to rely on any rights that you may have as an EEA or Swiss citizen under EU law whilst those rights remain in force in the UK. Further information can be found at
www.gov.uk/right-to-reside.
Access to benefits and services
As you have been granted pre-settled status, your eligibility for any UK benefits and services continues to depend on whether you meet the relevant eligibility requirements for the specific benefit or service (including any residence or presence conditions). Pre- settled status does not provide in itself a basis for entitlement to benefits and services under UK law.
If you disagree with our decision
If you believe that you qualify for settled status already you can make another free application under the EU Settlement Scheme: apply-for-eu-settled- status.homeoffice.gov.uk.
Alternatively, you can apply for administrative review if you think the decision maker made an error or did not follow the published guidance, or where you have new information or evidence in support of your application.
You have 28 calendar days from the date on which you receive this decision to apply for administrative review.
Information on how to apply for administrative review, the process and the fees payable are all available online at:
www.gov.uk/guidance/eu-settlement-scheme-apply-for-an- administrative-review.
The administrative review application form is available online at: visas- immigration.service.gov.uk/product/administrative-review.
If you have any questions about your status, why you have been granted it, or how to apply for settled status or an administrative review, please contact our Settlement Resolution Centre on 0300 123 7379, or +44(0)203 080 0010 if you are outside the UK, and we will be happy to help you.
Next steps
If you have any questions or would like to discuss this letter, 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: https://eu-settled-status- enquiries.service.gov.uk.
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Read the section below entitled important information to find out more about viewing your status online and about your status and rights, including your right to work and to access benefits and services. This section also tells you how you can apply for settled status in the future.
Yours sincerely,
UKVI European Casework On behalf of the Secretary of State Important information
Your status
Pre-settled status is granted to people who have been in the country for less than five continuous years. This aligns with EU law whereby someone usually receives permanent residence status after five years' continuous residence. Your pre-settled status will expire on 01 February 2025. If you wish to remain in the UK after this date, you can apply for settled status before that date. However, if you are absent from the UK for a continuous period of more than two years, your pre-settled status will lapse, unless you are overseas on Crown Service or with HM Forces, or you are the family member accompanying such a person. Qualifying for settled status generally requires five years' continuous residence in the UK with only absences of up to six months (or one absence of up to 12 months for an important reason) permitted. See 'Applying for settled status' below for information on when and how you can apply for settled status in the UK.
Your pre-settled status gives you the right to stay in the UK under UK immigration law. At the same time, you can also continue to rely on any rights you have as an EEA or Swiss citizen or family member of an EEA or Swiss citizen under EU law for as long as it remains in force in the UK:
www.gov.uk/right-to-reside.
Applying for settled status
Your pre-settled status allows you to remain in the UK for five years from the date of this letter. You can apply for settled status as soon as you qualify for it. This generally means demonstrating that you have completed a continuous period of residence in the UK of five years. You must continue to meet the eligibility requirements for pre-settled status which can be found here:
www.gov.uk/settled-status-eu-citizens-f ... ligibility.
There are some circumstances in which you may be able to qualify for settled status before building up five years' continuous residence. You can find further information at:
www.gov.uk/settled-status-eu-citizens-f ... an-5-years.
Evidencing your status
This letter is not proof of your status in the UK and cannot be used to prove your status with employers, landlords, or other organisations/agencies. Instead you can view and share details of your status with others using the Home Office online status service 'View and Prove your Settled and Pre-Settled Status':
www.gov.uk/view-your-settled-status.
This is an instant online service accessible through a web-browser on a computer, tablet or smart phone. You will be guided through a step by step process to view your online status. If you need help accessing your status through the online status service assistance is available through our Settlement Resolution Centre on 0300 123 7379, or +44(0)203 080 0010 if you are outside the UK. Calls made to this number from within the UK may cost up to 10p a minute from landline telephones and between 3p and 40p a minute from mobile telephones depending on your provider.
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To access your online status you will need the number of the identity document you used in your application – therefore please make a note of this number for future reference.
If you renew or replace the identity document you used in your application, or you change your name after making your application, you will need to tell us so that your status is up to date and so that you can continue to access your status.
To maintain access to your online status and keep it up to date, you will also need to tell us if you change your email or mobile phone number.
You can let us know about any changes using this link:
www.gov.uk/update-eu- settlement-scheme-details.
Work and access to benefits and services
As a person with pre-settled status, there are no changes to the rights that you currently enjoy. This means you may engage in business or an occupation, or be self-employed, as long as you comply with any legal requirements for that activity. You do not need permission from a Government department to take or change employment, but you will still need to prove your rights to work in the UK to employers, just as you do now.
You do not need permission to enrol in education or continue studying.
You are entitled to NHS healthcare if you are ordinarily resident in the UK. In this context, ordinarily resident means living in the UK on a lawful, voluntary and properly settled basis for the time being.
As you have been granted pre-settled status, your eligibility for any UK benefits and services continues to depend on whether you meet the relevant eligibility requirements for the specific benefit or service (including any residence or presence conditions). Pre- settled status does not provide in itself a basis for entitlement to benefits and services under UK law.
Until at least 31 December 2020 you can continue to demonstrate your eligibility to work and access benefits and services as you do now, using your valid passport or national ID card. There is no requirement to demonstrate your pre-settled status until at least 1 January 2021.
Alternatively, should you wish to, you can use the online status service to evidence your right to work with employers or your eligibility to access benefits and services. In due course you will also be able to use the online status service to evidence your right to rent to landlords and letting agents.
The online status service is available at:
www.gov.uk/view-your-settled-status. You will be guided through a step by step process to view your status and then, should you wish to, share it with someone else by generating a 'share code' to give to them. The person you are sharing your status with will also need your date of birth.
More information about how to use the service is available at:
www.gov.uk/view-your- settled-status.
Entering the UK
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There will be no immediate changes when you come back into the UK after travelling abroad. You should join the queue for EEA citizens and present your passport or national identity card. However, you should be aware that if the UK leaves the EU without a deal, EEA identity cards will no longer be valid for travel to the UK from a date to be notified in 2020. Further information will be published in good time for those who need to apply for a passport here:
www.gov.uk/uk-border-control. In addition, if the UK leaves without a deal and you arrive at the UK border without your passport (or national identity card while they remain valid for entry to the UK) Border Force officers will no longer be obliged to provide you with every reasonable opportunity for your document to be brought to you, or to allow you to prove your right of admission by other means. Further information will be published here:
www.gov.uk/guidance/visiting-the-uk-after-brexit
Time outside the UK
Under current UK immigration law, if you are absent from the UK for a continuous period of more than two years, your pre-settled status will lapse. If you leave the UK for more than two years and your pre-settled status lapses, you will need to make a new application under one of the routes which may be available to you to return to the UK. In the application, you will need to meet the requirements of the Immigration Rules in force at that time. The EU Settlement Scheme may no longer be available to you if you make a further application after the deadline.
Please note that if you wish to be eligible to apply for settled status under the EU Settlement Scheme, you will generally need to demonstrate that you have been continuously resident in the UK for at least five years.
Continuity of residence for that purpose is not broken by a temporary absence or absences from the UK of up to six months in any 12-month period; or by a single absence of up to 12 consecutive months for an important reason, such as pregnancy and childbirth, serious illness, study or an overseas work posting; or by an absence of any length due to compulsory military service or on Crown Service.
You need to have built up five years' continuous residence in order to be eligible for settled status on that basis. Time spent in the UK before an absence which breaks your continuity of residence cannot be counted. Further information about the eligibility requirements for settled status can be found here:
www.gov.uk/settled-status-eu-citizens- families/eligibility.
Family members
If you have family members resident in the UK – whether they are EEA or Swiss citizens or non-EEA citizens – they may also be able to apply for status under the EU Settlement Scheme, if they have not already done so. You can find further information about this at:
www.gov.uk/settled-status-eu-citizens-f ... ligibility.
Removal from the UK
Where a person who is not a British citizen commits a serious criminal offence, consideration will be given to whether they should be permitted to continue living in the UK.
Data protection
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The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at
www.gov.uk/government/publications/pers ... migration- and-citizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Further information
For further information or if you have any queries, our contact details are on our website:
https://eu-settled-status-enquiries.service.gov.uk.
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