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Hi,

I have a complicated situation and I hope I can find some help here.
I moved to the UK on June 2014. I held TIer 2 visa between 14.06.2014-15.10.2019. I have completed my 5 year on Tier 2 2.5 months ago. Both my husband and my daughter are both British. In July 2019 I have applied for EU presettlement scheme as a primary career of a British citizen. I had been advised by the visa office that I would not loose my rights on Tier 2 while applying to (paper application) the EU presettlement scheme. The problem is I still haven’t heard from EU presettlement scheme and my Tier2 visa expired 2,5 months ago. Due to Brexit the applications are taking much longer. Visa office is now telling me that I might have lost my right to apply for ILR due the gap in my Tire 2 visa. My question is ; after completing 5 year on Tier 2 visa, would I loose my right to apply for ILR because I no longer hold tier 2? Thanks

1. Why did you apply for Zambrano Pre Settled Status or who advised this is the best option when you had numerous other options to apply for?

2. Have you read the guidance notes on eligibility? https://assets.publishing.service.gov.u ... .0-ext.pdf

3. Section 3C of the Immigration Rules does not apply to EU route applications.

4. You cannot apply for ILR based on Tier 2 as you no longer hold that visa. The requirement is to hold a valid tier 2 visa and meet all the requirements for ILR, including being a current sponsored worker. You could have applied for ILR in mid May already.

Thanks for your reply. As I said I had a wrong advice from visa office. I was told that I could still hold my rights from Tier2 when I apply to EU presettlement scheme. The reason I did not apply ILR immediately was due to the cost and the travels I planned during summer. That’s why I first wanted to apply for EU preset. Scheme and delay ILR application. I can see now that I made a huge mistake based on the wrong advice I have given.

The ukvi call centre, if that is who you called, is a third party agenxy and frequently gives incorrect advise.

Not much you can do now in regards to tier 2 ILR as it no longer applies to you. All you can do is wait for the zambrano pre settled status application, which might be refused, as you would qualify for a visa under appendix FM as the spouse of a British citizen too if you meet the requirements and your last visa wasn't a derivative residence card under the EU rules.

You should check if you actually still have the right to work, i suspect not.

The Zambrano application under Appendix EU may fail due to their policy changes?

However, as Appendix EU is under the Immigration Rules, then perhaps Section 3C does apply?

Perhaps vary the application under Appendix EU to an ILR application under Tier 2 (General) or to a FLR(M/FP) under Appendix FM?

Thanks for your replies. I still hold right to work, my work place has checked that with home office. I did not apply as Zambrona as I share the care with my husband. I applied as a primary carer of a British citizen. Before I allying when they checked on the phone whether I am eligible or not, they have told me I am. I do not understand why I will be refused. In case or a refusal, can I apply to spouse visa from the uk or do I have to go to my home country(Turkey).

I think you may vary in the UK.

What does that mean exactly?

Please click on any links for further information.

Hi,

I have a Turkish nationality and both my husband and daughter are British.
I have applied for EU presettlement scheme as a primary carer of a British citizen (not Zambrano, now there is a new condition for primary carers of British citizens). I have given my finger prints on 16th of August and I have still havent heard back.

I also have held Tier 2 visa between 16.06.2014-16.10.2019. So I have completed 5 working years in the UK. Without going into details and after talking to a couple of solicitors now I am aware that I made a mistake to apply for EU presettlement scheme instead of ILR based on my Tier 2.
Anyways, today I have seen another lawyer and she suggested that we can apply for ILR based on Tier 2 - relying on article 3c- as I have an application in process.

Does anybody have any information for EU presettlement scheme and whether my situation is covered in article 3c?