EU "Settled Status" applications must be tricky...

Most are reporting that it works for them and they hear back quickly . Non-EU citizens seem to the ones that are having more problems and some of those will need to use the paper form anyway.

I've never heard of a paper form, I thought it was only the phone application.  My main complaint is the total lack of information.  Nowhere does it say what to do if you don't have either a BRP or a EU passport. If anything, the instructions repeatedly say you can use your passport, they just omit the crucial caveat that it must be an EU passport.

It then goes away and chugs for a while.

 
'Chug' is local slang for masturbation!!!

You needed the EU's RC or their PRC to enter the UK and to show work that you had a legal right to work in the UK.

Not sure about this.  I'm not sure what acronyms you are referring to.  I was here before any kind of cards or BS was required and the Home office has always said that do not require anything additional to prove I can live and work here.  As is confirmed each and every time I  enter this country with it.

Not sure what you think I need from the EU, but unless you are referring to the general set of rights conferred to all EU citizens, I think you are mistaken.  I've never needed any specific proof about me for anything from the EU.

'Chug' is local slang for masturbation!!!

Hah!  Well, appropriate then! 

Or him not understanding? He has thanked the Home Office for helping him and said he has now given the evidence.

One would hope that someone who is capable of working at his level can read the relatively simple instructions and follow them. I'm going with him either not reading them carefully or using an unfortunate word in his tweet. (As seems to happen a lot in tweets.    )

Not sure about this.  I'm not sure what acronyms you are referring to.  I was here before any kind of cards or BS was required and the Home office has always said that do not require anything additional to prove I can live and work here.  As is confirmed each and every time I  enter this country with it.

Not sure what you think I need from the EU, but unless you are referring to the general set of rights conferred to all EU citizens, I think you are mistaken.  I've never needed any specific proof about me for anything from the EU.

Direct family members of an EU citizen were/are not required to hold a residence card from another EU country or the UK to live or work in the UK.  Extended family members are supposed to have one from the UK.  https://www.gov.uk/uk-residence-eu-citizens/apply

As far as entry goes, stealing from Wiki here:

Legal framework

The Immigration (European Economic Area) Regulations 2006[3] extend visa free travel to third country nationals in possession of residence cards and permanent residence cards but this exception is limited to those cards issued by the UK government itself. Residence cards issued by other EEA states and Switzerland are not recognised under UK law and holders of same may apply for a family permit prior to leaving for the UK.... The legality of the requirement by the UK to require EEA family members a hold a family permit to enter the UK has long been disputed by the European Commission and is currently before the European Court of Justice....

McCarthy case

The legality of the EEA family permit requirement was challenged before the European Court of Justice in R (McCarthy) v Home Secretary. Although an English High Court judge, Justice Haddon-Cave, had ruled against the McCarthys, he had decided to refer the matter to the European Court.[5]

On 20 May 2014, Advocate General Maciej Szpunar issued an opinion in favour of the McCarthys, holding that the family permit requirement violated EU law.[8] His opinion was advisory only, but the opinions of Advocates General are followed by the Court in most cases. On 18 December 2014, the Court of Justice ruled in favour of the McCarthys, reaffirming the Advocate General's opinion.[9]

'Chug' is local slang for masturbation!!!

I needed this laugh this morning hahahaha

Every day Remain grows stronger and Leave withers....

'Chug' is local slang for masturbation!!!

Thank you for bringing this thread to a place where I can stand reading it again!!! 

Leave withers....

I see what you did there.. leave/leaf withers! 

I see what you did there.. leave/leaf withers! 

Wow, thanks!  I missed that.

I've never heard of a paper form, I thought it was only the phone application.  My main complaint is the total lack of information.  Nowhere does it say what to do if you don't have either a BRP or a EU passport. If anything, the instructions repeatedly say you can use your passport, they just omit the crucial caveat that it must be an EU passport.

Yeah, you do have to go digging for info on almost everything here. Even the official news releases tend to leave bits out. What the press actually throws around tends to be even fuzzier.

I have nowhere seen it said it had to be an EU passport. When I looked at the "how the process works" I did note that it had to be a biometric passport, so the scanner could pick up the info off the chip. No mention of EU/non-EU. Until I read this today. https://www.gov.uk/guidance/using-the-eu-exit-id-document-check-app

I did find this, though - which may mean you don't have to do the paper application for a residence card, just the biometrics:
https://www.gov.uk/settled-status-eu-citizens-families/not-EU-EEA-Swiss-citizen

What you’ll need to apply

You’ll need to provide proof of your relationship to your EU, EEA or Swiss citizen family member - for example, a birth, marriage or civil partnership certificate, or a residence card. You can scan and submit this through the online application form. If you apply before your family member, you’ll also need to provide evidence of their identity and residence. You do not need to provide any evidence if you have a valid ‘UK permanent residence document’.

If you do not have a biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo, or a photo if you’re under 5) when you apply.

Direct family members of an EU citizen were/are not required to hold a residence card from another EU country or the UK to live or work in the UK. 

As the UK government has made clear on their site.
https://www.gov.uk/apply-for-a-uk-residence-card
The EU Directive also states that for Direct Family Members but makes it clear that an  RC can just become invalid and the end date on an RC means nothing. UK rules allow UK visa holders to remain until their end visa date, but EU and  UK rules are not interchangeable.

But as that link shows, having an RC will make it easier to enter the UK, show employers, ask for benefits, use UK services. Which is why people got an RC, especially if they are a non-EEA citizen Direct Family Member, even though the  EU said they didn’t need one and they were lawfully in an EEA country if their sponsor was being a Qualified Person at all times. What else could a non-EEA citizen family member show an employer otherwise?

The reason employers want to keep a copy of an RC for a non-EEA citizen worker, is because they are then exempt from any fine or criminal charges for an illegal worker on their premises, even if that RC has become invalid. Only the holder of that RC will know if their EEA citizen sponsor is no longer a Qualified Person in the UK.

In 2016 the UK also made a new law that makes working when not allowed, a criminal offence for the person working too: fine, jail up to 1 year (6 months in Scotland and Wales), proceeds of that crime removed (the money they got from working). That same law increased the fine for the employer to 20k per illegal and made it easy for the Home Office  to collect their fine, and the employer can now face jail of up to 6 years.

 

Extended family members are supposed to have one from the UK.  https://www.gov.uk/uk-residence-eu-citizens/apply. 

Extended Family Memebers must have a valid RC to be lawfully in the UK. Under EU laws there are no automatic rights for Extended Family Members and the EU  merely asks that country if they can  “facilitate” these.  It’s why some EEA countries will allow non-EEA citizen unmarried partners and others will not and why these rules for EFM are constantly being changed in the popular EEA countries. e.g. the UK now saying EFM must be related to their EEA citizen sponsor and will no longer allow EFMs who were using their relative who is married to an EEA citizen.


The EU rules for EFMs mean these can only be in that EEA country lawfully under EU rules when that county issues them with an RC. Non-EEA citizens who have to leave the UK as their UK visa is expiring and try to remain by putting in an application as an Extended Family Member under EU rules before their UK visa expires, cannot use the UKs 3C Immigration rule to keep their time lawful in the UK.  If these remain in the UK after their visa expires and before their RC is issued, they are unlawful overstayers: can’t work, can’t use the NHS bill free, can’t drive; can be issued with a notice to leave the UK or be deported etc.

A few using the Singh route are now saying  they have been issued with a deportation notice. Nan, was there something that says that those issued with a deportation notice can't use this settlement scheme? I can't rememeber if I read that or it's just something that is being said on the forums.

Yeah, you do have to go digging for info on almost everything here. Even the official news releases tend to leave bits out. What the press actually throws around tends to be even fuzzier.

I have nowhere seen it said it had to be an EU passport. When I looked at the "how the process works" I did note that it had to be a biometric passport, so the scanner could pick up the info off the chip. No mention of EU/non-EU. Until I read this today. https://www.gov.uk/guidance/using-the-eu-exit-id-document-check-app

I did find this, though - which may mean you don't have to do the paper application for a residence card, just the biometrics:
https://www.gov.uk/settled-status-eu-citizens-families/not-EU-EEA-Swiss-citizen

What you’ll need to apply

You’ll need to provide proof of your relationship to your EU, EEA or Swiss citizen family member - for example, a birth, marriage or civil partnership certificate, or a residence card. You can scan and submit this through the online application form. If you apply before your family member, you’ll also need to provide evidence of their identity and residence. You do not need to provide any evidence if you have a valid ‘UK permanent residence document’.

If you do not have a biometric residence card, you’ll be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information (your fingerprints and a photo, or a photo if you’re under 5) when you apply.

Thanks Nan, that's very helpful.

A few using the Singh route are now saying  they have been issued with a deportation notice. Nan, was there something that says that those issued with a deportation notice can't use this settlement scheme? I can't rememeber if I read that or it's just something that is being said on the forums.

I think I remember reading that, yes. And it would have been on an official website, as I don't visit other immigration forums. Ah, here it is:

https://www.gov.uk/government/publications/eu-settlement-scheme-community-leaders-toolkit/eu-settlement-scheme-briefing-information-communicating-the-facts

You must not be a serious or persistent criminal, a threat to national security, or have a deportation order, exclusion order or exclusion decision against you.