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Switching from Tier 4 to Pre-Settled EU Status

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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JosephBlum1
Newly Registered
Posts: 2
Joined: Wed Sep 04, 2019 9:33 am
Canada

Switching from Tier 4 to Pre-Settled EU Status

Post by JosephBlum1 » Wed Sep 04, 2019 9:42 am

Hello,

I am currently resident in the UK on a Tier 4 Student Visa in my Canadian passport. I was recently granted simplified naturalisation as a Hungarian citizen on the basis of my ancestry. Thus, I now hold Canadian/Hungarian (EU) dual nationality.

I would like to remain in the UK, and thus wish to switch from my current Tier 4 status (as a Canadian) to EU pre-settlement status (as a Hungarian citizen).

Do I need to inform the Home Office that I have acquired Hungarian citizenship and thus wish to switch via a Change of Circumstances form? Or can I just go ahead and apply for Pre-Settled Status, and apply to cancel my student visa after this is granted (or will they automatically cancel it)? Do I need to exit the UK and re-enter on my Hungarian passport before doing this?

Many thanks for the advice.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Switching from Tier 4 to Pre-Settled EU Status

Post by kamoe » Sat Sep 07, 2019 9:40 pm

Giving you my two cents from a completely amateur but commonsensical wannabe point of view:
JosephBlum1 wrote:
Wed Sep 04, 2019 9:42 am
I was recently granted simplified naturalisation as a Hungarian citizen on the basis of my ancestry. Thus, I now hold Canadian/Hungarian (EU) dual nationality.
The first thing you need to do is get an Hungarian passport. From the way you worded your messgae I'm just assuming you do not have one yet and only have a certificate of sorts. So if that's not yet the case, get your Hungarian passport ASAP.
I would like to remain in the UK, and thus wish to switch from my current Tier 4 status (as a Canadian) to EU pre-settlement status (as a Hungarian citizen). Do I need to inform the Home Office that I have acquired Hungarian citizenship and thus wish to switch via a Change of Circumstances form? Or can I just go ahead and apply for Pre-Settled Status
By applying to the Settlement scheme as a Hungarian citizen with your Hungarian passport you will be effectively telling the Home Office of your new circumstances, so other than that I do not believe you are legally required to do anything else.
, and apply to cancel my student visa after this is granted (or will they automatically cancel it)?
My first thought is that you do not have to cancel your visa and it will not be canceled since you are not applying for the Settlement Scheme with your Canadian passport. I would think that having two nationalities on two different passports mean you have two parallel and valid identities and statuses that can run in parallel and do not cancel each other out. So as long as your Canadian passport is concerned, you are a legal resident until your Tier 4 visa expires; as long as your Hungarian passport (is/will be) concerned, you are legal as per the terms of your settlement status.
Do I need to exit the UK and re-enter on my Hungarian passport before doing this?
You could do this for the sake of mental clarity and for having a ballpark date you can refer to as your Hungarian entry date (e.g. for the purpose of your application for the Selltment Scheme), but I do not believe you will be doing anything wrong if you do not do this. As long as your Tier 4 visa is still valid while you await your Hungarian passport, you are not required to leave the country.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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