Switching to Settled Status (Lounes Case?)

[Ixeon659]

Hello, I am a dual EU/UK citizen, my wife is a non-EEA national and came in the UK in 2019 using EEA Family Permit and applied for Pre-Settled Status. She is eligible for Settled status in the end of 2024. I naturalised in 2023 as a British citizen. Someone told me that in order to apply for Settled status, she needs to use a paper form (Lounes case).
I contacted the EU Resolution Centre and they advised me that she doesn't need to apply via Lounes route because initially she applied online for Pre-settled, therefore she can upgrade her status online too.
Also he told me she can apply 28 days before she hits her 5 years of residency.
Is it all true? There is not so much information on Lounes case.

[mezien]

We are in the same situation as yours with very similar timelines.

When calling the EU Resolution Centre, the support person initially advised us that online application can be used because we already used the same method to request the pre-settled status in 2019 (I've naturalised after that).

When I pointed out that gov.uk mentions in several places that "family members of dual-EU/UK citizens must use the paper application form", she put us on hold, double checked this with colleagues, and indeed sent us the paper form that took around 1 week to receive.

I've read multiple reports on here where Lounes cases tried to apply for settled status online, it was rejected after being on hold for several months. In contrast, one Lounes case recently reported here that they switched from pre-settled to Settled using paper form in 3 weeks.


What documentation are you preparing?

What I'm currently trying to find out:
- What frequency do we need to supply documentation with (eg for proof of residence)? Eg: is 1 bank statement every 3 or 6 months sufficient, or do we need to send a bank statement for every month?
- Can joint bank statements be used for proof of residence for the non-EU family member? Someone might argue that it's unclear which person made the transactions
- Is it better to send more proofs to improve coverage, or is sending more paper documents increase processing times because they have to be scanned etc.
- For proof of relationship, are the following sufficient: 1. original & translated & apostilled non-EU marriage cert 2. the EUSS FP sticker that was used to enter back in 2019; 3. rental agreement signed by both persons?

[mezien]

Another dilemma I have - can a council tax bill that's addressed to both persons be used as proof of residency/cohabitation for the entire year, or we need to cover with more frequency, for example monthly bank statements.

[secret.simon]

- What frequency do we need to supply documentation with (eg for proof of residence)? Eg: is 1 bank statement every 3 or 6 months sufficient, or do we need to send a bank statement for every month?
- Can joint bank statements be used for proof of residence for the non-EU family member? Someone might argue that it's unclear which person made the transactions

Ideally the proof of residence documentation should be from government departments. So, tax returns, DWP benefit claims and correspondence, etc. Do you not have those?

[Ixeon659]

We are in the same situation as yours with very similar timelines.

When calling the EU Resolution Centre, the support person initially advised us that online application can be used because we already used the same method to request the pre-settled status in 2019 (I've naturalised after that).

Do you still have Settled Status in their system or it is revoked and is not visible on gov uk?

council tax bill that's addressed to both persons be used as proof of residency/cohabitation for the entire year

This should be ok, but honestly I don't understand how the council tax bill can show someone's residency.

[Ixeon659]

So should I call them again and clarify about the paper form? Also anyone knows about applying 28 days before hitting 5 year residency?

[CR001]

You have to wait till 5 years. The 28 days early concession doesn't apply to eu settled status applications but to applications under the immigration rules as far as I understand.

[contorted_svy]

- What frequency do we need to supply documentation with (eg for proof of residence)? Eg: is 1 bank statement every 3 or 6 months sufficient, or do we need to send a bank statement for every month?
- Can joint bank statements be used for proof of residence for the non-EU family member? Someone might argue that it's unclear which person made the transactions

Ideally the proof of residence documentation should be from government departments. So, tax returns, DWP benefit claims and correspondence, etc. Do you not have those?

From my knowledge, for EUSS applications bank statements are accepted proof of residence. Don't know about joint accounts specifically though. A council tax bill in both names would work as it covers a year long period (April to March the following year usually).