EU Pre-Settlement - Minimum Period Of UK Residence?
Discussion
Hi,
Asking on behalf of a friend, who has a girlfriend with a French passport. He was hoping for her to be able join him in the UK, but for various fairly obvious reasons 2020 has messed up a lot of plans, and it didn't happen.
Now, there is a possibility that she may just be able to get over here before the end of the year, and that raised the question of whether she could apply for pre-settled status as an EU citizen and perhaps make the mechanics of coming to live here in the future a bit easier.
According to a lot of the "consumer level" type guidance, such as https://www.gov.uk/guidance/eu-settlement-scheme-e..., the impression is that you only need one single document to show evidence of residence in the UK, for example a mobile phone contract or similar, and that would be enough to get pre-settled status.
However, my friend has said that he called the FCDO to check on the process involved, and was told that they'd actually be looking for evidence of 3 months continuous residence to grant the status, even though that doesn't seem to be put out there at all in any of the websites giving guidance. That isn't really doable, as because of work commitments she can only really come over until mid-January before having to return again, and it may be the summer before she is able to have enough free time for another trip to the UK while allowing for quarantine periods.
Has anyone had any dealings with this stuff in the recent past? Or currently? If she were able to get over here before the 31st of December, would she be able to get pre-settled status, or is it as my friend was told, she would need a few months residence for that, irrespective of what the various websites say?
It's not worth her coming over "to give it a go" if there's little likelihood of success, and as it's probable they'll get married in the near future, it's not a disaster for her not to get pre-settled status now, it's just it seems like it would be a useful thing to have if she can.
So is the advice he was given that her application is likely to be rejected without evidence of 3 months residence correct? Or is even the shortest period of residence (provided it starts before the 31st of December) enough to get pre-settled status?
Asking on behalf of a friend, who has a girlfriend with a French passport. He was hoping for her to be able join him in the UK, but for various fairly obvious reasons 2020 has messed up a lot of plans, and it didn't happen.
Now, there is a possibility that she may just be able to get over here before the end of the year, and that raised the question of whether she could apply for pre-settled status as an EU citizen and perhaps make the mechanics of coming to live here in the future a bit easier.
According to a lot of the "consumer level" type guidance, such as https://www.gov.uk/guidance/eu-settlement-scheme-e..., the impression is that you only need one single document to show evidence of residence in the UK, for example a mobile phone contract or similar, and that would be enough to get pre-settled status.
However, my friend has said that he called the FCDO to check on the process involved, and was told that they'd actually be looking for evidence of 3 months continuous residence to grant the status, even though that doesn't seem to be put out there at all in any of the websites giving guidance. That isn't really doable, as because of work commitments she can only really come over until mid-January before having to return again, and it may be the summer before she is able to have enough free time for another trip to the UK while allowing for quarantine periods.
Has anyone had any dealings with this stuff in the recent past? Or currently? If she were able to get over here before the 31st of December, would she be able to get pre-settled status, or is it as my friend was told, she would need a few months residence for that, irrespective of what the various websites say?
It's not worth her coming over "to give it a go" if there's little likelihood of success, and as it's probable they'll get married in the near future, it's not a disaster for her not to get pre-settled status now, it's just it seems like it would be a useful thing to have if she can.
So is the advice he was given that her application is likely to be rejected without evidence of 3 months residence correct? Or is even the shortest period of residence (provided it starts before the 31st of December) enough to get pre-settled status?
Think it through: do you think it at all likely that someone can say "Hi! I have been in the UK for (at most) two weeks and it is now 1 January 2021, can I have settled status please?" and not receive an Anglo Saxon answer? Some EU citizens who have lived in the UK for years or decades have struggled to obtain settled status, and some have been refused. The policy of the Government is not welcoming to migrants. That's not a political comment in this context, it's just a dull reality.
BUT: there is talk of some sort of fudge whereby some sort of transitional post-transition transition thing continues after 1 January for a while. So maybe get over here anyway and see what happens.
BUT: there is talk of some sort of fudge whereby some sort of transitional post-transition transition thing continues after 1 January for a while. So maybe get over here anyway and see what happens.
Breadvan72 said:
Think it through: do you think it at all likely that someone can say "Hi! I have been in the UK for (at most) two weeks and it is now 1 January 2021, can I have settled status please?" and not receive an Anglo Saxon answer? Some EU citizens who have lived in the UK for years or decades have struggled to obtain settled status, and some have been refused. The policy of the Government is not welcoming to migrants. That's not a political comment in this context, it's just a dull reality.
No, it doesn't seem likely, but it appears to be how the advice that's easily available is worded, and it's pre-settled status which they were looking at.For example, the line from citizen's advice is "To get pre-settled status, you only need to show you've lived in the UK for 1 day out of the last 6 months".
Whether that's what the government intends/wants is indeed a bit of an open question (I also doubt it), but they must have got that wording from somewhere.
Asking because it wouldn't be the first time that what the rules state is divorced from common sense, and it seemed possible it could be so in their favour.
Breadvan72 said:
BUT: there is talk of some sort of fudge whereby some sort of transitional post-transition transition thing continues after 1 January for a while. So maybe get over here anyway and see what happens.
They would if they could, but it's not practical for them to do on a "maybe it'll work" basis, and there's sufficient uncertainty here that if they can't be reasonably sure it's doable, they'd rather save the travel costs and holiday hours involved for her to come over at a later date and go through whatever the process is then, possibly getting married and going with the spousal rules.When I returned to the UK after a long stint abroad I was told no child benefit or any benefits could be applied for until 3 months had passed.
So maybe this is what they are referring to. The fudge being she can and should apply but it won't be processed for 3 months or - happy days - it will as residency and access to public funds are separate issues.
A mobile phone contract will not be accepted normally - get her name on the utilities bill/council tax and then get her to open a bank account at a big name bank on arrival with it. As soon as she is here.
The bank statement is fine for residency and so will the bills be.
They say she cannot risk just giving it a go but trust me, she can and should. If the process for EU citizens becomes the same as non EU citizens now, she/they will be looking at fees many thousands of pounds before she gets citizenship - and endless stress getting the papers they need at each renewal check. Getting it done for free or trying to is a no brainer.
(To be fair these figures might fall as they were high because it was the only area the government could take money, from those outside the EU....with everyone the same from Jan 1 it might be a new, cheaper system replaces it....but with the government needing money I would not bet on it, quite the reverse)
So maybe this is what they are referring to. The fudge being she can and should apply but it won't be processed for 3 months or - happy days - it will as residency and access to public funds are separate issues.
A mobile phone contract will not be accepted normally - get her name on the utilities bill/council tax and then get her to open a bank account at a big name bank on arrival with it. As soon as she is here.
The bank statement is fine for residency and so will the bills be.
They say she cannot risk just giving it a go but trust me, she can and should. If the process for EU citizens becomes the same as non EU citizens now, she/they will be looking at fees many thousands of pounds before she gets citizenship - and endless stress getting the papers they need at each renewal check. Getting it done for free or trying to is a no brainer.
(To be fair these figures might fall as they were high because it was the only area the government could take money, from those outside the EU....with everyone the same from Jan 1 it might be a new, cheaper system replaces it....but with the government needing money I would not bet on it, quite the reverse)
Thanks, will pass your experience on to them, I have tried asking the EU nationals I know who have achieved settled status, but unfortunately their situations were not comparable, they have been in the UK long enough that they were granted it without any hassle.
One side note though:
One side note though:
jondude said:
A mobile phone contract will not be accepted normally
This is listed as a specific example of the type of alternative supporting document that may be used as evidence of UK residence, including in the Home Office guidance document for considering applications.jondude said:
When I returned to the UK after a long stint abroad I was told no child benefit or any benefits could be applied for until 3 months had passed.
So maybe this is what they are referring to. The fudge being she can and should apply but it won't be processed for 3 months or - happy days - it will as residency and access to public funds are separate issues.
A mobile phone contract will not be accepted normally - get her name on the utilities bill/council tax and then get her to open a bank account at a big name bank on arrival with it. As soon as she is here.
The bank statement is fine for residency and so will the bills be.
They say she cannot risk just giving it a go but trust me, she can and should. If the process for EU citizens becomes the same as non EU citizens now, she/they will be looking at fees many thousands of pounds before she gets citizenship - and endless stress getting the papers they need at each renewal check. Getting it done for free or trying to is a no brainer.
(To be fair these figures might fall as they were high because it was the only area the government could take money, from those outside the EU....with everyone the same from Jan 1 it might be a new, cheaper system replaces it....but with the government needing money I would not bet on it, quite the reverse)
Good advice but I would add a caveat:So maybe this is what they are referring to. The fudge being she can and should apply but it won't be processed for 3 months or - happy days - it will as residency and access to public funds are separate issues.
A mobile phone contract will not be accepted normally - get her name on the utilities bill/council tax and then get her to open a bank account at a big name bank on arrival with it. As soon as she is here.
The bank statement is fine for residency and so will the bills be.
They say she cannot risk just giving it a go but trust me, she can and should. If the process for EU citizens becomes the same as non EU citizens now, she/they will be looking at fees many thousands of pounds before she gets citizenship - and endless stress getting the papers they need at each renewal check. Getting it done for free or trying to is a no brainer.
(To be fair these figures might fall as they were high because it was the only area the government could take money, from those outside the EU....with everyone the same from Jan 1 it might be a new, cheaper system replaces it....but with the government needing money I would not bet on it, quite the reverse)
Getting a bank account is not easy without other residency proof. We brought my wife's nephew over, from within the EU, to give him some adult education (he was 18) in the UK. It took weeks to get a proper bank account and we needed proof of address, proof of educational course enrolment etc.
My reading of the guidance was that you had to be here on or before 31st December 2020 and you have to apply for pre-settled status by some later date. June 2021 springs to mind. So move here 30th December apply for the status in March and you have the three months.
A question someone I know has what happens if you did live here, returned to your home country in early 2020 to sort things out after a relatives death, but planned to return. However Covid has out paid to that. Can you use your pre-residence to qualify for pre-settled status. I think it could be a struggle
A question someone I know has what happens if you did live here, returned to your home country in early 2020 to sort things out after a relatives death, but planned to return. However Covid has out paid to that. Can you use your pre-residence to qualify for pre-settled status. I think it could be a struggle
Chrisgr31 said:
My reading of the guidance was that you had to be here on or before 31st December 2020 and you have to apply for pre-settled status by some later date. June 2021 springs to mind. So move here 30th December apply for the status in March and you have the three months.
A question someone I know has what happens if you did live here, returned to your home country in early 2020 to sort things out after a relatives death, but planned to return. However Covid has out paid to that. Can you use your pre-residence to qualify for pre-settled status. I think it could be a struggle
How does COVID put paid to that? Is her 'home' country preventing her from leaving?A question someone I know has what happens if you did live here, returned to your home country in early 2020 to sort things out after a relatives death, but planned to return. However Covid has out paid to that. Can you use your pre-residence to qualify for pre-settled status. I think it could be a struggle
Chrisgr31 said:
My reading of the guidance was that you had to be here on or before 31st December 2020 and you have to apply for pre-settled status by some later date. June 2021 springs to mind. So move here 30th December apply for the status in March and you have three months
This - get here before 31st Dec is the key date , application is by end of June. Post 1st jan entry is visitor or visa. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff