Rob Mar – Eu Settlement and Pre Settlement scheme (Immigration)
“A very important article for joining family members who are still in the UK on the basis of having retained their rights under the EUSS but have not yet submitted an application on the basis of retained rights because they are waiting to complete a 5-year qualification period (and most of them also have not informed the HO about their relationship to their sponsor ending)
The reason the article is very important is because it spells out unequivocally why it might be a (VERY) good idea to apply for RR (Retained Rights) PSS and not wait for the completion of the 5 years to apply for RR (Retained Rights) SS. [in particular those who still have more than 1 year to wait until they qualify for RR SS]
Unfortunately, there are two other (large) immigration groups on Facebook on which complete nonsense peddlers who cosplay as visa/EUSS experts have repeatedly given incorrect advice about: 1) the fact that under the EUSS someone who divorces/separates from their sponsor has no obligation to inform the HO that their relationship has ended/broken down and 2) that one cannot apply for RR PSS and instead one has to wait to complete 5 years before availing themselves of retained rights.
INCORRECT and INCORRECT.
The three nonsense peddlers in question, who are very active on those two groups, have been repeatedly (and formally) told to stop giving incorrect advice, but, alas, Facebook has no interest in moderating this kind of dangerous and incorrect content. And unfortunately it is not the first topic on which they negatively affect the lives of many with the abysmally incorrect advice they have given.
Back to the gist of the article: as it discusses “minded to curtail” notifications from the Home Office, please be aware that if you receive such a notification/letter, YOU SHOULD NOT PANIC. First of all: yes, the article is correct in saying that in most cases more time is given for a response (more than the original 14 days, should you need it). Secondly: avail yourself of your right to respond, provide the evidence that you have retained your rights under AppendixEU (the EUSS) just as you would in an actual RR PSS/SS application, and engage positively with the caseworker who contacts you. And if you meet the requirements for a retained rights application then the caseworker who is looking into your situation will close the investigation.
But, if you want to avoid being in such a situation, make sure you:
1) inform the HO (both the relationship breakdown team and the EUSS Resolution Centre, in writing) about the end of your relationship
2) submit a Retained Rights application as soon as you can, don’t wait to complete the 5 years. This has two major benefits: you decouple your immigration status from your ex partner/sponsor AND you avoid a HO investigation if you have retained your rights to stay in the country.
The article (once again, thanks to the Free Movement for the amazing work they do): https://freemovement.org.uk/eu-settlement-scheme-automatic-extensions-and-potential-curtailments/ “
30 iulie. 12.11
articolul https://freemovement.org.uk/eu-settlement-scheme-automatic-extensions-and-potential-curtailments/ , aici: “EU Settlement Scheme: automatic extensions and potential curtailments
We have recently seen several cases where a person has received a ‘minded to curtail’ notice from the Home Office following the automatic extension of their permission under the EU Settlement Scheme. Below we look at what is happening in more detail and what people in this situation should do.
Background
When the EU Settlement Scheme was first rolled out, those who were granted pre-settled status received permission for five years. At the end of that period, or earlier if they were eligible, they could ‘upgrade’ their permission to settled status, if they met the requirements. There was a risk of pre-settled status holders becoming unlawfully resident in the UK if they didn’t make a further application.
Happily, there have been a number of positive developments to the EU Settlement Scheme route since its introduction. Pre-settled status no longer ‘expires’ and should be automatically extended. Originally, the extension period was to last two years, but the Home Office have announced that the extension will increase to five years.
The original Home Office announcement confirming the extension process cheerily sets out that:
‘People with pre-settled status under the EU Settlement Scheme (EUSS) will automatically have their status extended by 2 years before it expires if they have not obtained settled status.’
However, this is something of an over-simplification and, in practice, is creating a great deal of confusion, particularly among those who were granted pre-settled status as the family member of an EEA national.
Retained rights and curtailments
The automatic extension does not alter the eligibility requirements for individuals. Under paragraph EU4 of Appendix EU an individual must:
continue to meet the eligibility requirements for that leave which they met at the date of application… or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14…
Indeed, under Annex 3 of Appendix EU there are a number of grounds in which permission can be curtailed including where: ‘The person ceases to meet, or never met, the requirements of this Appendix.’
As more individuals approach the five-year mark since they were granted pre-settled status, we have started to see a number of cases where the Home Office have issued ‘minded to curtail’ notifications after confirming the automatic extension of pre-settled status. Presumably, the Home Office has begun to actively review the records of pre-settled status holders who are near the end of their original five-year period.
In our experience, many of these notifications have been directed at non-EEA nationals who were originally granted pre-settled status due to their relationship with an EEA family member, such as being married, and their circumstances have since changed, such as the breakdown of that relationship.
In these cases, the individual may have a retained right of residence, depending on their circumstances. Individuals who have been granted pre-settled status before retaining rights are not required to notify the Home Office of the circumstances that have led to the change of relationship with the EEA national.
There is no requirement to make an application to vary status because an individual must continue to meet their original eligibility requirements ‘or meet other eligibility requirements’ for limited leave to remain in accordance with paragraph EU14. Meeting the retained rights provisions can be considered ‘other’ eligibility requirements.
Pre-settled status holders who have received an automatic extension may have believed that the Home Office took into account any retained rights provisions and that they do not need to take any further actions. Considering that the original pre-settled status application process was often extremely straightforward, requiring minimal documentary evidence and reviewing government held data, it is easy to think that the Home Office would make such positive decisions.
It then can come as a nasty surprise to receive a minded to curtail notification that only allows 14 days to ‘respond to this change of circumstances and provide any further information or evidence that might show reasons why your limited leave to remain should not be curtailed.’ In our experience the Home Office are often open to an extension of this period.
To only have a short period of time to provide a number of documents, in what can be a quite complex application, after their status had just been extended, can be quite distressing for applicants.
What to do
If responding to the minded to curtail notification, the strongest case must be made. Evidence must be prepared as to how the individual still meets the requirements or meets other eligibility requirements of Appendix EU and this can require documents from across the five-year period the individual has been resident in the UK.
Where the evidence has been accepted, the response from the Home Office has been surprisingly vague:
Your EU Settlement Scheme status remains valid.
We wrote to you on 21 May 2024, informing you that we are considering curtailing your Pre-settled Status due to your marriage to your EEA national sponsor/partner no longer subsisting. After receiving your response to our letter…, I have been considering whether to remove your EU Settlement Scheme status under Annex 3 of Appendix EU to the Immigration Rules.
However, after investigating your case and looking into the evidence available I have decided not to remove your status, as I am satisfied that you do not meet the criteria for curtailment…
You continue to hold limited leave to remain (also known as pre-settled status) and your existing entitlements are unaffected. You do not need to do anything further.
We had to chase the Home Office to confirm when the expiry date for our client would be and whether this would be extended, as this information is not clear in their communications.
Many individuals who fall under the category of family members who have retained the right of residence may not have applied to vary their pre-settled status during the five-year period. They are not required to do so and, more importantly, may not know that this is even an option. In our experience, the EUSS Resolution Centre used to suggest that individuals who have divorced, for instance, could take action later, which may have led to a false sense of security for some.
Conclusion
It may be safer, especially for those who qualify under the retained rights provisions of Appendix EU, to make (or start preparing) applications to vary their leave, or to apply for settled status (if eligible) before the automatic extension comes into play. As we have seen, there is a real risk that the automatic extensions can sometimes be followed by a minded to curtail notification, which may put many individuals in a vulnerable position, having a very tight timeframe to gather documents and make a case as to how they should remain in the UK.”
This article was co-authored by Nick Gore of Carter Thomas.