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backdated settled status

Diogenes
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welfare benefits, citizens advice, sherwood & newark

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Total Posts: 309

Joined: 8 June 2021

can EU settled status be backdated, my local JC+ says yes it can previous claims for UC that were refused months ago on HRT grounds can all be paid and when the recent settled status application is approved. I am not at all happy with that advice !!!

Gemap
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Advice team - GEMAP Scotland

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What is Settled Status?
Settled status Settled Status has been introduced in by the Immigration Rules in Appendix EUSS. If a person has settled status in the UK then they are entitled to work here. ‘Settled status’, ‘indefinite leave to remain’ and ‘permanent residence’ all mean almost the same thing, with some minor differences. The main difference between Permanent Residence under EU Law which follows recognition of a person as an EEA qualified person, and the retaining Permanent Residency for 5 years (there are exceptions to the 5 years rule) and EUSS is that Permanent Residency is declaratory in nature, and can, therefore, be backdated. This means that Permanent Residence certificate merely recognises rights acquired by an EEA qualified person during her stay in the UK (or another member state). Settled Status, on the other hand, appears to be a source of rights, rather than recognition and as such currently (23/01/2020) can not be backdated. This means that unlike in the case of PR an application for British Citizenship can not be granted before the expiry of 12 months from the day when EUSS was approved

https://www.ukimmigration.law/settled-status/

Does this help at all?

[ Edited: 7 Jul 2022 at 03:40 pm by Gemap ]
Diogenes
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welfare benefits, citizens advice, sherwood & newark

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Total Posts: 309

Joined: 8 June 2021

gemap, yes very thanks, i discovered in CPAG i think that it alos runs from the date it is issued NOT the dat eit is applied for but client can claim UC once she has applied and got her certificate