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Forum Home  →  Discussion  →  Residence issues  →  Thread

Piggybacking on Settled Status?

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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Total Posts: 149

Joined: 21 June 2010

Just a quick and I believe a straightforward one.

Couple who one member has settled status and the other has pre-settled status and are planning to make a claim for Universal Credit.

I’m right in thinking that the partner with the pre-settled status will be able to piggyback on the member with settled status.

The reason for the question is while pre-settled partner is working, it won’t be straightforward getting them to accept the work as genuine and effective.

Martin Williams
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Welfare rights advisor - CPAG, London

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Total Posts: 770

Joined: 16 June 2010

Hi Alan,

Sorry - being a family member of someone with settled status does not get you anywhere- settled status is a UK domestic law status (indefinite leave to remain). It is only (now preserved) EU law rights which allowed a family member to have a right of residence merely through being a family member (as opposed to having been granted such status).

So you need to know whether the one with settled status has a (preserved) EU law right of residence - in which case then the family member is fine.

Hope that helps.

Martin