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Forum Home  →  Discussion  →  Residence issues  →  Thread

Partner of an EEA national, but not a family member; residence query

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Vonny
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The gov uk site https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means  says:

The rights and status of EU citizens living in the UK will remain the same until 30 June 2021.

If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021.


Could any suitably registered immigration adviser be able to advise on whether if you can get settled status now, will you have the right to claim means tested benefits or do those rights only come into force after 30/06/21?

Elliot Kent
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Vonny - 21 January 2019 04:18 PM

Could any suitably registered immigration adviser be able to advise on whether if you can get settled status now, will you have the right to claim means tested benefits or do those rights only come into force after 30/06/21?

The current position is that Appendix EU gives Indefinite Leave to Remain to a class of applicants who have “settled status”. As far as we know, no restrictions are placed on that leave (although I doubt that any of us have seen the documents which grant the leave).

For benefits purposes, having Indefinite Leave to Remain without conditions is good enough - because you are no longer a Person Subject to Immigration Control and because you have a right to reside.

However it would be entirely consistent with the government’s stated position and with the draft withdrawal agreement (for all that is perhaps worth) for the DWP to amend the UC Regs in terms that ILR granted pursuant to Appendix EU does not count unless the claimant would have been regarded as exercising treaty rights if they still applied.

The question is: will they do that or will they just leave it as it is?

You don’t need an immigration adviser, you need a fortune teller.

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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I have a crystal ball!

Timothy Seaside
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Elliot Kent - 21 January 2019 04:37 PM

You don’t need an immigration adviser, you need a fortune teller.

Quite. This morning there was a £65 fee. Tomorrow they will probably be paying you to apply.

But putting my crystal balls aside for a moment, currently you get ILR and a right to claim benefits if you get settled status. There is no delay built into Appendix EU. It is in force now (and has been for a while now, although only people on the pilots could make a valid application under EU9 until today):-
EU2. The applicant will be granted indefinite leave to remain where:
· A valid application has been made in accordance with paragraph EU9;
· The applicant meets the eligibility requirements for indefinite leave to remain in accordance with paragraph EU11 or EU12; and
· The applicant is not to be refused on grounds of suitability in accordance with paragraph EU15 or EU16.

 

 

Elliot Kent
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I think we are saying the same thing Timothy. My point really is just that we must be careful about this. Just because Appendix EU seems to be a panacea for all long-standing economically inactive EU nationals at 17.30 on 21.01.19, doesn’t mean the same thing is going to be true by the time an application is dealt with and a UC claim is made and decided.

Timothy Seaside
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Elliot Kent - 21 January 2019 05:30 PM

I think we are saying the same thing Timothy. My point really is just that we must be careful about this. Just because Appendix EU seems to be a panacea for all long-standing economically inactive EU nationals at 17.30 on 21.01.19, doesn’t mean the same thing is going to be true by the time an application is dealt with and a UC claim is made and decided.

I totally agree. My point would be that it’s implicit in everything we discuss here that we don’t know what’s around the corner, especially with this strong and stable government and with UC, and even more especially with Brexit. We should try to make hay while the sun seems to be shining.