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Client has applied to EUSS but not granted yet
I Have a client who has been in the UK since 2009 - he tells me he originally applied for Settled Status though this was unsuccessful so he then made an application for Pre-Settled Status. This was back around the time that we left the EU.
He’s sent me his share code for his status and it tells me that he’s applied for pre-settled, but is still in the application process.
‘They have applied to the EU Settlement Scheme.
Their status is valid until they receive a decision on their application or the outcome of any appeal on their application to the EU Settlement Scheme. They can live in the UK during this process.’
Very confused why this is still the case after all this time - but it’s stopping him and his partner (she does have pre-settled, but no valid right to reside) from being able to claim Universal Credit (I have contacted the DWP for more information on the benefit decision).
I’m just wondering if anyone’s come across anything similar - it makes very little sense to me as to why his status would still be in the assessment stage after all this time.
I can’t see his status would allow benefit claims - though he’s working part time, so I wasn’t 100% if there’s any argument for benefit entitlement before he’s granted pre-settled?
Any advice would be gratefully received.
People with a pending application are in the same position as people with pre-settled status, except I don’t think they would be able to rely on the AT case to claim benefits without a traditional right to reside.
It’s as if Brexit never happened: he can still rely on old-style EU rights of residence, and in fact needs one. It seems possible he is a worker for example (assuming he is personally an EEA national and not a family member).
Alternatively, the partner could rely on AT, subject to the facts meeting the “dignified” threshold.
I Have a client who has been in the UK since 2009 - he tells me he originally applied for Settled Status though this was unsuccessful so he then made an application for Pre-Settled Status.
Fairly sure it doesn’t work like that? You just make the application and they decide what status to give you.
I Have a client who has been in the UK since 2009 - he tells me he originally applied for Settled Status though this was unsuccessful so he then made an application for Pre-Settled Status.
Fairly sure it doesn’t work like that? You just make the application and they decide what status to give you.
Yeah, I was very confused by that as well.
Thanks for the response - will look to get an MR in of the refused UC claim once I have a copy of the exact decision.