Tag Archives: investigation

Joining family members on the basis of having retained rights under the EUSS

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