Pre-Settled Status from 12/07/2022

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  • #284738
    Diane Matthews
    Participant

    Please can someone clarify this for me.

    If someone applies and has a pre settled status awarded from 12/07/2022, I am assuming that they have been awarded this as they are a family member of a qualifying EEA national, who are in a protected group or have settled status under the EUSS.

    Once they have received pre settled status do they have to rely on the family members qualifying criteria?

    If the family member, who was already in the UK, has pre settled status then they would have to be a worker/work seeker with retained worker status, etc. to allow the newly arrived pre settled status applicant to qualify for hb/cts piggybacking off them.
    Or
    Can the newly arrived pre settled status applicant become employed and have own status as a worker, irrelevant of what the family member he came to the uk to joins, status is?

    Also, if the family member in the UK has settled status does the newly arrived pre settled applicant piggyback off this or do they have to them have their own status of a worker/ work seeker with retained worker status, etc.

    Thanks

    #284744
    Peter Barker
    Keymaster

    It depends whether the family member is also an EEA national. For people with pre-settled status, it’s as if Brexit never happened and the old EEA residence rights are transitionally preserved for them.

    If the person is not an EEA national, they can only have a right to reside as a family member, which means they need to belong to the family of an EEA national who also has either settled or pre-settled status AND a right to reside as a worker etc (because settled status itself is personal and does not confer any rights on family members).

    If the person is an EEA national, they can obtain a right to reside through their own economic activity. They are not locked into the category they belonged to when pre-settled status was awarded, the entire right to reside regime is preserved and they move between different categories. For example, if the person qualified for ore-settled status because they were the teenage son/daughter of an EEA national, and now they have reached age 21, left college and are making their own way in the world, their pre-settled status entitles them to a right to reside as a worker etc. But only if they are an EEA national.

    Whereas, if the person with pre-settled status is, say, the Pakistani estranged spouse of an EEA national, s/he cannot personally have a right to reside as a worker etc and would only be able to claim benefits if s/he has a right to reside as a family member of a worker etc.

    #284747
    Diane Matthews
    Participant

    The member with pre settled status is a Spanish national.

    What has thrown me is that they were only granted pre settled status on 12/07/2022. I assumed that if he did not have pre settled status on (or an application pending) by 30 June 2021 he would lose eligibility to Housing Benefit and/or Council Tax Support and will be treated as a person subject to immigration control.

    Am I confusing myself unnecessarily? Is it as long as he has been granted pre settled status we would just look to see if he meets the criteria through his own economic activity?

    #284748
    Peter Barker
    Keymaster

    According to the letter of the law, people who did not meet the deadline to apply for pre-settled status became a PSIC on 1 July 2021, but DWP’s approach (which they encouraged LAs to follow) seems to have been to turn a blind eye for … a couple of months … or maybe longer …

    The Home Office can extend the deadline for a settled status application. Once a person has pre-settled status their EEA residence rights are resurrected*, so this claimant could have a right to reside from July 22 onwards subject to meeting the normal conditions (worker etc, or family member of one).

    What happens to him in the year in between is all a bit vague I’m afraid: if you are worried about an overpayment between July 2021 and July 2022 nobody really knows what you are expected to do about that. I’d quietly forget about it if I were you.

    *There is a rather technical argument about the meaning of the word “continue” in two sets of regulations, but I don’t think anyone in DWP is trying to say that missing the 2021 deadline permanently and irrevocably zapped the person’s EEA rights. Acceptance of a late application gets everything back on track is the recommended approach I think.

    #284752
    Diane Matthews
    Participant

    Thank you Peter, I really appreciate your response.

    #284797
    lesleym
    Participant

    Can I ask for some help too please.

    I have a claim for HB – women’s refuge CL is Indian came to the UK in March 2023 and her entry was approved for 6 months under the EU Settlement Scheme Family Permit. She has also provided her residence card which is valid until 31/12/2024 showing Pre Settled status (EU scheme) and states Work Permitted & Leave to remain (presumably after this she applies again?).

    She is employed (won’t be working whilst in refuge as its out of area but says will be returning to her job) she has a dependant child on the claim but child came into the UK as above under the EU Family permit scheme. She also states that her partner gets CB for the child – I’m not sure whether she was married to her partner from the info I have and obviously as CL has gone into a refuge getting any evidence of partner status may prove difficult.

    She is not currently entitled to any benefits and doesn’t appear to have made any claim for UC.

    My instinct is that she cannot claim unless she provides evidence that she has recourse to public funds. What do you think?

    #284885
    David
    Participant

    This was meant to go on another thread but unable to post and partly relevant
    I think the 6 months visa/PSS is usual under the family permit scheme:
    https://www.gov.uk/family-permit

    Could you just guide through the legislation to make your first conclusion? The condition of entry suggests no recourse to public funds. I find the family eligibility rules hardest to understand

    Wouldn’t an application to the Domestic Violence Destitution Concession scheme be an alternative
    https://www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence
    and then ILR – if she meets eligibility criteria?

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