Refugee + EU settled scheme

[Ally88]

Hi there,

I am a refugee status holder but few months before I was granted the refugee status, I was also granted as a unmarried partner of EU citizen (EEA family permit).

Jun 2015 claimed asylum
Sep 2020 granted EEA family permit by 2 year co-habitation with my partner since Aug 2018
Dec 2020 granted refugee status

I applied EEA family permit with a solicitor, and he said I can apply settled status in Aug 2023 as H.O. acknowledged 2 year residency prior to EEA family permit.
So I applied settled status in Sep this year but it was refused and the letter says my continuous residency started since Sep 2020 when EEA family permit was granted.

Now I am confused I have to wait 2 more years?
Now I understand I didn't have leave while waiting asylum claim, so those 2 years (2018-2020) wouldn't be counted as a continuous residency?
My solicitor left the firm and I cannot ask advice anymore.
Can someone tell me if I have to go appeal or if my solicitor was wrong??

Thank you for your opinion, in advance.

[seekingadvice87]

Hi

If you were married to your partner then your residence will count from either the date you got married if you were in the UK or from the date you entered the UK with your married partner even if your status was granted afterwards but because you're not married to your partner, your residence starts from the date you were granted status and you need 5 years continuous residency to then qualify for settled status under this route.

If you were to lose this status due to a relationship breakdown, you would need a new visa route to continue to live in the UK and that's if you're eligible for it as well and if granted, your residency clock would restart to build another 5 years on that route to qualify for permanent status.

Probably best to rely on your refugee status if you were asked to choose as it's just 3 months difference in waiting time to hit the 5 year mark and just so that your status isn't reliant on your relationship should anything in the future happen. Not saying that it would but be cautious of it.

Good luck!

[MuhammadM86]

Yes, sadly in your case the first 3 years while awaiting for your status approval, aren’t counted as contributions stay. You would have to wait until you complete 5 years.

It’s completely your choice on how you want to proceed going forward, either wait until Sep 2025 and apply for SS or until Dec 2025 and apply for ILR using your refugee status. Don’t think it makes much difference which route you use. Both are FOC.

Having said the Above tho, it is worth checking with a solicitor, I am not sure but likely that the HO may have cancelled your EU status once you were granted Refugee status, this doesn’t seem the case as they did refuse you for SS and gave you the response, yet it is wired to have to statuses at the same time.

[Ally88]

Hi seekingadvice87 and MuhammadM86,
Thank you for both of your opinion.

I understand I should wait for 2 more years to apply settled status, thank you both for your explanation.

Now my concern is that if I lost my refugee status because I applied Settled status this year.
As I stated above, the application was refused but I received a new BRP for pre-settled status.
Now when I check "prove-right-to-work" webpage by my refugee BRP, it shows the BRP is not valid any longer.

I am very afraid if my refugee status was stripped, Is it possible they cancel refugee status after granting pre-settled status, without asking me the confirmation if I do not need any protection any longer??
If it was cancelled, is there any way to retrieve it?

Thank you for paying attention to this post!!!!

[MuhammadM86]

Hi seekingadvice87 and MuhammadM86,
Thank you for both of your opinion.

I understand I should wait for 2 more years to apply settled status, thank you both for your explanation.

Now my concern is that if I lost my refugee status because I applied Settled status this year.
As I stated above, the application was refused but I received a new BRP for pre-settled status.
Now when I check "prove-right-to-work" webpage by my refugee BRP, it shows the BRP is not valid any longer.

I am very afraid if my refugee status was stripped, Is it possible they cancel refugee status after granting pre-settled status, without asking me the confirmation if I do not need any protection any longer??
If it was cancelled, is there any way to retrieve it?

Thank you for paying attention to this post!!!!

They would have cancelled your refugee BRP after granting you the SS but you are still a refugee and have protection. You can also still apply for a travel document to travel etc. I was in the same situation before I changed my status from refugee to SS.

[Ally88]

They would have cancelled your refugee BRP after granting you the SS but you are still a refugee and have protection. You can also still apply for a travel document to travel etc. I was in the same situation before I changed my status from refugee to SS.

Thank you so much for your reply MuhammadM86!!!!
It is so reliable to hear someone who had the same situation and I know it's rare, thank you for writing!!
So they just cancelled the card, not status itself... My understanding is that there is a slight difference for refugee status and pre-settled stataus, like I won't be able to get full support of student loan if I wish to study under pre-settled status but full in refugee status. As I couldn't get Settled Status this year and have to wait for next 2 years, I would like to retain my refugee status until I would be granted SS 2 years later.
Without BRP how can I prove I am still under protection? I still possess a valid passport so I have never applied for a travel document.

[MuhammadM86]

They would have cancelled your refugee BRP after granting you the SS but you are still a refugee and have protection. You can also still apply for a travel document to travel etc. I was in the same situation before I changed my status from refugee to SS.

Thank you so much for your reply MuhammadM86!!!!
It is so reliable to hear someone who had the same situation and I know it's rare, thank you for writing!!
So they just cancelled the card, not status itself... My understanding is that there is a slight difference for refugee status and pre-settled stataus, like I won't be able to get full support of student loan if I wish to study under pre-settled status but full in refugee status. As I couldn't get Settled Status this year and have to wait for next 2 years, I would like to retain my refugee status until I would be granted SS 2 years later.
Without BRP how can I prove I am still under protection? I still possess a valid passport so I have never applied for a travel document.

You don’t need to proof that you have protection under the refugee status, most important that the HO is aware of it.

The advice is to issue a travel document rather than using your own country National Passport as this may have implication on returning back to the UK after travel.

[Ally88]

Thank you for your advice, MuhammadM86