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Original poster

Settled status question

17 replies

countrygirl99 · 03/05/2019 19:09

Son's DP has got her settled status back and it says she won't have full status until May 2024 so 5 years from now. She came to the UK July 2014, went home for a couple of months in 2015 for family reasons then came back in 2015 to study, graduated last year and has been working in a public sector role since last Autumn. She has been continually resident in the UK since July 2015 so surely should have settled status next year. Or have I got it wrong?

OP posts:
HavelockVetinari · 03/05/2019 19:37

Settled status and naturalisation are different things. She can apply for British citizenship after 5 years continuous residency (or 3 years if married). It costs about £1000.

Original poster
countrygirl99 · 03/05/2019 19:47

Settled status should be after 5 years continues residence. The date she has been given would actually only be correct if she hadn't arrived in the UK yet. If that was the case she wouldn't be eligible to apply yet. You couldn't make it up.

OP posts:
Songsofexperience · 03/05/2019 21:15

That's odd, unless she didn't fulfil one of the criteria. Was she a full time student? Was she employed or prove that she was self sufficient?

jackparlabane · 03/05/2019 21:46

That is odd, as if she's been resident even as a student she should qualify. Did the institution change its name or maybe she misspelled it. I'd call the contact centre for advice.

Original poster
countrygirl99 · 03/05/2019 22:04

The University hasn't changed its name and wasn't misspelled. The date given for fully settled status is just over 5 years away. She is a very precise person, it's a cock up and unnecessary hassle. Anyone would think the country didn't need IT professionals.

OP posts:
Mistigri · 03/05/2019 22:26

Anecdotally a lot of people who qualify for settled status are getting pre-settled status.

It's very important to use whatever processes you can to appeal this because pre-settled gives very inferior rights vs settled status.

From what you say she should have settled status next year or even possibly this July. I don't know if a 2 month absence would invalidate her status and it does depend what she was doing in the U.K. in 2014 (she needs to have been exercising treaty rights ie working, studying or looking for work).

Tbh this sounds like an outrageous fuck up and I'd get in touch with The3Million on FB or Twitter, or contact one of the other support groups. You may find that depending on where you live there is some local support too. Tweeting people who are monitoring the process would be worthwhile too - @cliodiaspora is doing some good advocacy work on this.

Original poster
countrygirl99 · 04/05/2019 07:32

Mistigirl it's clearly an error as the date could only be correct if she hadn't even arrived in the UK yet! They were looking into the appeal process and contacting their MP last night. My son knows the MP from his own political activism so that should help. I think they were just a bit gobsmacked last night. If they can't get a straightforward settled status case correct what chance alternative solutions on the NI border?

OP posts:
AntennaReborn · 04/05/2019 07:38

@HavelockVetinary it's a lot more than that these days.

The naturalisation itself is £1300, plus Life in the UK Test, language test, photos, various admin costs, getting recent copies of birth certificates, etc. Mine added up to about £2000 when factoring everything in.

Mistigri · 04/05/2019 08:26

I would still get in contact with one of the campaign groups OP. No one is really monitoring this properly, and the government are claiming that applications like that of your son's DP as "successful" because it was not rejected and it is not pending.

cherin · 05/05/2019 19:00

And naturalisation is not an option for everybody, because some countries of origin do not allow double citizenship...

AnotherEmma · 05/05/2019 19:06

Did she submit evidence for the whole period of her residence in the UK?

Assuming she did, it must be an administrative error.

She should get advice and then appeal it, Citizens advice is a good place to start or search here home.oisc.gov.uk/adviser_finder/finder.aspx

MythicalBiologicalFennel · 05/05/2019 19:12

Go via the route of your MP OP. Apparently when complaints/ appeals to the Home Office are supported by MPs they are dealt with by a different department. It's a bit Hmm but it should work in your favour.

woman19 · 13/05/2019 14:01

New advice phone line:
@HereForGoodLaw
Our free phone line for EU citizens seeking immigration advice is now open!

Times are:

Mondays, 0930 - 1130
Wednesdays, 1130 - 1330
Fridays, 1330 - 1530

Please call us on 02070142155 if you're part of @the3million and need support with #SettledStatus!

Riverviews · 24/05/2019 16:08

Maybe they've discounted the time she was here for the sole purpose of studying.

I had to present 5 years worth of P60s. Did she have that?

Songsofexperience · 25/05/2019 09:03

Studying is one of the accepted criteria for residency. As long as she can prove she attended the university she should be fine.

DexyMidnight · 31/05/2019 04:19

Unfortunately she needs to prove she had medical insurance in her home country during the period she was studying in the UK. E.g. an old EHIC card but not one from UK will suffice (assuming she still had it...)

It is irrelevant that she was entitled to use the NHS an a legal EU resident. Illogical but there you have it.

My husband had this issue last year. Had been in UK for more than 5 years but some of his qualifying period had been as a student. Whole application delayed as we had to go back to insurer and get copies of old Schedules showing he was on the family policy and then get certified translations of it all.

Note this doesn't apply if you were working and paying NI, it's only an issue if you were a student or - i think - claiming child benefit, tax credits and so on.

Incidentally why is she going for settled status and not permanent residency?

DexyMidnight · 31/05/2019 04:31

Sorry all, you DON'T need medical insurance if you were a student in UK for some/all of your 'qualifying period' and you are applying for settled status.

You do need it if you want permanent residency.

Sorry for confusion, my mistake

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