Rob Mar Eu Settlement and Pre Settlement scheme (Immigration) Administrator / 3 iulie 2024
” The following post was submitted earlier, however we declined posting it in its original form as it contains elements which might be misconstrued by others. We are also using this opportunity to teach all members of the group who are patient enough to read this long post about a couple of things and also to debunk a myth that keeps rearing its ugly head.
First, please read the post. Then take a minute to go through the commentary.
“Hi everyone – I wanted to share that I successfully received by ILR yesterday. I’m a non-EU family member, and switching from pre-settled to settled took 3 months.
I didn’t have the best experience with the EU Resolution Centre as I called them several times and they told me everything on my application was correct and this was roughly 6 weeks after applying. When I got my lawyer to contact them to try and expedite the process, she was able to get the information there was in fact a mistake on my application where I had accidentally filled out that I had a permanent resident card (I mistook that field for my BRC) and they had actually disregarded my application and weren’t looking at it. After rectifying the mistake it took another 6 weeks to get my final decision. Just wanted to share my experience in case it’s helpful to anyone else.”
First and most importantly: congratulations to the OP for having been granted Settled Status, despite the circuitous route it took him/her to get there.
Now:
1. The reoccurring myth: THE RESOLUTION CENTRE IS NOT STAFFED BY CASE WORKERS. YOU CANNOT AND YOU SHOULD NOT EXPECT TO BE GIVEN FEEDBACK (OF ANY KIND!!!!!!!!) ON YOUR APPLICATION WHEN YOU CALL THE EUSS RC. The only time when you call in and you can expect to glean anything new about your application is if your caseworker has already left some comments on your case file, which are meant to be passed onto you. However, IN MOST SUCH SITUATIONS, those comments will have already made it to you via email, SMS, or direct phone call from the caseworker himself/herself. It is only when they weren’t able to reach you (after repeated attempts) that your caseworker will leave a note with the Resolution Centre, as a last-ditch resort. So: just as the resolution centre can’t give you immigration advice, they also can’t give you feedback on an application that’s already been submitted. THAT IS NOT THEIR ROLE, AND IT WOULD BE INCREDIBLY IRRESPONSIBLE IF ONE OF THE EUSS RC CALL RESPONDERS WERE TO BREACH THAT RULE.
2. “When I got my lawyer to contact them to try and expedite the process” – in 99.99% of cases you are throwing your money out the window. We do not allow solicitors to pressure a caseworker to expedite an application, especially if it’s been fewer than 6 months since the application was submitted. After six months is a different story. But before the 6 months are up making formal representations on behalf of a client is, in most cases, A COMPLETE WASTE OF TIME AND MONEY. As you can see, OP, it was also a waste of time and money in your case, as you had to wait another 6 weeks after this solicitor took your money and scammed you into thinking she was actually expediting anything. She wasn’t.
3. ” they had actually disregarded my application and weren’t looking at it” – COMPLETELY UNTRUE. Again, you have been lied to by your solicitor. A caseworker IS NOT ALLOWED to disregard an application and “not look at it” just because it contains a mistake. That would be a serious dereliction of duty and a breach of code of conduct in and of itself. When a mistake is ascertained by the caseworker, there are investigations that are automatically started, to identify the source of the mistake or a potential explanation for the mistake. The case isn’t just put in a pile, on the side, and forgotten about. Yes, it will delay the decision making process (because of the aforementioned investigation, which in most cases also involves contacting the applicant), but THE APPLICATION WILL NOT BE COMPLETELY DISREGARDED.
4. We are DEFINITELY not discouraging applicants to use immigration advisors or immigration solicitors (please, qualified ones you can find on the OISC or SRA registers), however the best time to pay for such services, if you feel you need support, or if you have a complicated application, is at the time of applying. not six weeks later. Because then you might fall prey to unscrupulous professionals (or not-professionals) who will promise you that they can expedite your application and correct mistakes and you need to pay them to do that. And, as the OP demonstrated with his/her own case, nothing was expedited in the end by the solicitor.
Which brings us to the following very useful advice:
4a – how to check if you made a mistake in your application: log into your dashboard (here: https://user-auth.apply-to-visit-or-stay-in-the-uk.homeoffice.gov.uk/auth/ ), find the relevant application, click on the link for viewing/downloading it (not on the green button under it, that’s for uploading evidence), then navigate to the page where on the left side you see the “chapters/sections” of the application, and on the top right corner (if you are on a laptop screen) you will see the download option. Download it and save it. It will be a pdf document containing all the answers you have given when applying (well, most of the answers, not the security questions). OPEN IT, READ IT CAREFULLY, AND LOOK FOR ANY MISTAKES
4b – what to do if you discover a mistake: depending on how important the mistake is, you have two options… EITHER withdraw the application altogether (here: https://eu-settled-status-enquiries.service.gov.uk/start Start >> Option 3 >> Yes >> Fill in the withdrawal request, check it, and submit it) and reapply OR upload a note (using the aforementioned green button under your application) explaining the mistake and, with the note, any evidence that proves that your correction is indeed the truth.”