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Pre settled status visa

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Don Johnson
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Pre settled status visa

Post by Don Johnson » Wed Jun 17, 2020 11:59 pm

hi,

my friend has applied over a year ago to Home office for a pre settled status visa. she's been in the UK for three years, married to an english guy. They married abroad in albania and she has albanian nationality but indefinite leave to remain in greece where she lived from the age of 6 to 20.

she has a three year spousal visa, expiring July 2021.

The problem is that for over 8 months there has been no update from the Home Office. SHe has complained several times. On the last occasion her complaint was noted and she was told she would be contacted within ten days. On day 11 she was telephoned by the Home office but as she was working, she missed the call. now two weeks later no further contact and no response from HO.

Can anyone suggest how she can elicit a response and actually get some feedback on her application, which is many months overdue?

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CR001
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Re: Pre settled status visa

Post by CR001 » Thu Jun 18, 2020 8:40 am

married to an english guy.
She doesn't qualify for pre settled status if her spouse is british only.

How does she believe she qualifies under the EU settled scheme?

Does the spouse have mother EU nationality?

Did they live in another EU country where the British spouse exercised EU treaty rights and then returned to the UK under the surinder Singh route?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Don Johnson
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Re: Pre settled status visa

Post by Don Johnson » Sat Jun 20, 2020 1:08 am

thank you for the quick reply!

her mother is greek and her father is albanian. I will need to ask her why she doesn't have greek citizenship.
Obtaining documents from her father may be problematic as they are estranged.
They lived together in greece for i believe two years, but married in albania. they then moved to the uk to live with her British husband's family. She has a spousal visa now but has applied for the settled status.

secret.simon
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Re: Pre settled status visa

Post by secret.simon » Sat Jun 20, 2020 8:54 am

Don Johnson wrote:
Sat Jun 20, 2020 1:08 am
her mother is greek and her father is albanian. I will need to ask her why she doesn't have greek citizenship.
Greek citizenship by Greek descent, origin or ancestry wrote:Children born outside Greece to Greek parents
The act of being born to at least one parent or grandparent of Greek origin does not mean you automatically have Greek citizenship if you were born outside Greece. It means you are lawfully bound by policies and rights conferred by the Greek government as a Greek national but not officially recognized as having Greek citizenship.

Your parents/grandparents must have been born in Greece AND registered you in the Greek registry (dimotologio) AND applied for Greek citizenship on your behalf to acquire a certificate by the Hellenic Republic that confirms as such, if you did not register and apply for it yourself. Being registered in the family's οικογενειακή μερίδα/oikogeneiaki merida only means that a record of your birth and relationship was established by your parents/grandparents, thus making it easier for you to stake a claim to citizenship later in life if that is your intention.
Don Johnson wrote:
Sat Jun 20, 2020 1:08 am
She has a spousal visa now but has applied for the settled status.
If she does not have Greek/other EU citizenship, then she can't go from a spousal visa to Settled Status, unless you mean she is going to apply for ILR in the usual way (through the spousal route).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Don Johnson
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Re: Pre settled status visa

Post by Don Johnson » Sat Jun 20, 2020 10:35 pm

they lived together in greece from July 2014 and married on 31/10/15 in Albania. the marriage was certified in the uk at the same time.

my friend understands that her husband was exercising his EU treaty rights during this time as he operated a Greek business. and they came to live in the uk winter 2016. So they have therefore been partners for 6 years and married for nearly 5, with him exercising his EU treat rights during this whole period.

So she has taken the Surinder singh route. We are hoping this ok but again trying to elicit some feedback the home office

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