Lounes case: settled status granted instead of pre-settled by mistake in our favour?

[mihcis]

I am a dual UK/EU national, and my non-EU spouse joined me in UK 2 years ago on an EEA Family Permit, which was then upgraded to a Residence Card.

After the Settlement Scheme launch, I didn't bother applying for the settled status (as I have gotten UK citizenship), but my spouse submitted a Lounes-type application. As she entered UK for the first time as a resident 2 years ago, we thought she'd be eligible for the pre-settled status only.

I've just looked over the application (which we kept a copy of for records) and there was no question asking for a date when she entered UK. Instead, it asked for an NI number, which I assume they use to look up the working history/residency, but my spouse only got that less than 2 years ago. However, she relied on me as a spouse/sponsor in the Lounes-type application, where I had both a British citizenship and, prior to that, a long period of residence (> 5 years) in the UK as a qualifying EU citizen with a Permanent Residence certificate.

We thought that it was my spouse's length of residence which would determine whether a pre-settled or a settled status would be granted. I wonder if they've granted a settled status by mistake in our favour, and if so, whether we should do anything about it?



Unless they are using the "settled status" as a term encompassing both pre-settled and settled variants? Which I doubt.

[Tiktok]

I am a dual UK/EU national, and my non-EU spouse joined me in UK 2 years ago on an EEA Family Permit, which was then upgraded to a Residence Card.

After the Settlement Scheme launch, I didn't bother applying for the settled status (as I have gotten UK citizenship), but my spouse submitted a Lounes-type application. As she entered UK for the first time as a resident 2 years ago, we thought she'd be eligible for the pre-settled status only.

I've just looked over the application (which we kept a copy of for records) and there was no question asking for a date when she entered UK. Instead, it asked for an NI number, which I assume they use to look up the working history/residency, but my spouse only got that less than 2 years ago. However, she relied on me as a spouse/sponsor in the Lounes-type application, where I had both a British citizenship and, prior to that, a long period of residence (> 5 years) in the UK as a qualifying EU citizen with a Permanent Residence certificate.

We thought that it was my spouse's length of residence which would determine whether a pre-settled or a settled status would be granted. I wonder if they've granted a settled status by mistake in our favour, and if so, whether we should do anything about it?



Unless they are using the "settled status" as a term encompassing both pre-settled and settled variants? Which I doubt.

Hi mate congrats and when did u apply and how long after you ur decision thank u

[Zerubbabel]

When they say "Settled" it means settled status. Pre-settled is worded differently.

However, I am not comfortable with the outcome here as it seems it was given without the applicant meeting the eligibility criteria.

[secret.simon]

However, I am not comfortable with the outcome here as it seems it was given without the applicant meeting the eligibility criteria.

I think that the OP will be fine, as Settled Status (or more precisely, ILR under Appendix EU of the Immigration Rules) is a grant by the Home Office. If they make a mistake, it is not that easy to undo, because it was an active decision by them and they are responsible for it.

By contrast, PR was automatically acquired. All the Home Office did was to verify its existence. And such verification could have been in error and therefore the documentation (not the status itself, which may not have been acquired) could be revoked as being in error.

[mihcis]

Hi mate congrats and when did u apply and how long after you ur decision thank u

It was a paper application sent by post (the only possible way to apply in a Lounes-type case) and the Home Office took 7 months to make the decision.

[mihcis]

I think that the OP will be fine, as Settled Status (or more precisely, ILR under Appendix EU of the Immigration Rules) is a grant by the Home Office. If they make a mistake, it is not that easy to undo, because it was an active decision by them and they are responsible for it.

By contrast, PR was automatically acquired. All the Home Office did was to verify its existence. And such verification could have been in error and therefore the documentation (not the status itself, which may not have been acquired) could be revoked as being in error.

Do you have any insight with regards to a subsequent application for British citizenship for my spouse. We originally thought she would get pre-settled status first, and then upgrade to settled status after accumulating 5 years of residence, in which case she could apply for citizenship immediately. But now she got the settled status after only 2 years of residence. Would she be able to apply for citizenship after accumulating 3 years of residence as a spouse of a British citizen (i.e. myself, who is a dual British-EU national)?

[cooldude2020]

The Home Secretary's guidance on revocation of ILR states;

4.3 Previously Overlooked or Considered

Indefinite leave should not normally be revoked where the decision maker had the information available and either previously overlooked it, could reasonably have been expected to act on it or considered it and granted anyway.

Where the decision maker had the power/authority to grant leave and did so in error and if there was no deception by the applicant, it will not normally be appropriate to revoke the indefinite leave to remain or enter.

[Irfan1648]

Can you share your timeline please?

[Zerubbabel]

I think that the OP will be fine, as Settled Status (or more precisely, ILR under Appendix EU of the Immigration Rules) is a grant by the Home Office. If they make a mistake, it is not that easy to undo, because it was an active decision by them and they are responsible for it.

By contrast, PR was automatically acquired. All the Home Office did was to verify its existence. And such verification could have been in error and therefore the documentation (not the status itself, which may not have been acquired) could be revoked as being in error.

Do you have any insight with regards to a subsequent application for British citizenship for my spouse. We originally thought she would get pre-settled status first, and then upgrade to settled status after accumulating 5 years of residence, in which case she could apply for citizenship immediately. But now she got the settled status after only 2 years of residence. Would she be able to apply for citizenship after accumulating 3 years of residence as a spouse of a British citizen (i.e. myself, who is a dual British-EU national)?

British Citizenship is not an immigration application and it's processed by an entirely different teams. Before applying, you have to ensure you meet all eligibility criteria for citizenship.

[mihcis]

Can you share your timeline please?

Rough timeline below.

March 2018 - Spouse entered UK on EEA Family Permit
July 2018 - Spouse received EEA Residence Card
October 2019 - Spouse applied for (Pre-)Settled Status; CoA dated later that month.
July 2020 - Spouse received Settled Status.

So, spouse was resident in UK for less than 2 years at the time of application for (Pre-)Settled Status, and just over 2 years at the time of decision, yet received Settled Status, instead of Pre-settled.

I am not an expert, but it seems they've used my length of residence (where I am a dual-national sponsor in a Lounes-type application) to determine which status to give. I am still not sure if it was correct or if they've made a mistake.

[Zerubbabel]

She can apply as a married partner of a British citizen provided she lived in the UK for 3 years.

The Home Office obviously made a mistake on her favour but this doesn't change anything to the fact that she needs 3 years in the UK to be eligible.

https://www.gov.uk/british-citizenship

[secret.simon]

I am still not sure if it was correct or if they've made a mistake.

Fairly certain that they have made a mistake, but as it is a mistake on their side, it is unlikely that she will have her ILR revoked (as mentioned in the post above by @cooldude2020.

Provided your spouse meets all the requirements for naturalisation (such as the absence, physical presence, English language, etc), she should be able to apply on completing three years residence in the UK.