EU settled status application for a non-EAA spouse

The request was partially successful.

Dear Home Office,
can you please advise when a non-EAA spouse should apply for EU settlement scheme in case his or her EAA partner is applying for a British citizenship using his/her permanent residence without the need to gain a settled status.
Should a non-EAA spouse apply before the partner's British citizenship application or after, when the partner obtains a dual EU-British citizenship?

Yours faithfully,

Anna

FOI Requests, Home Office

Dear Madam,

Please be aware that we have decided to handle your correspondence of 23 September 2019 outside the provisions of the Freedom of Information Act. This is because it does not meet the criteria for a Freedom of Information request, as it does not ask for recorded information.

Below is a link to the ICO guidance for the criteria for valid requests under the Act:
https://ico.org.uk/media/for-organisatio...

We will provide an answer to your query, but it will be answered outside of the provisions of the Act.  You should expect to receive a response in due course.

N McKenzie
Home Office

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EU Settlement Resolution, Home Office

Dear Anna,

Thank you for you contacting the EU Settlement Resolution Centre.

We are not able to offer any direct immigration advice.

The EU Settlement Scheme enables EU citizens and their family members to apply for their UK immigration status to continue living in the UK after 30 June 2021.

To participate you must have a valid EU, EEA or Swiss passport or national identity card to prove your identity.

If you’re not an EU, EEA or Swiss citizen but you have a family member who is, you’ll be able to use any of the following to prove identity:

• A valid passport
• A biometric residence card
• A biometric residence permit

If you are applying to the EU Settlement Scheme with a sponsor you will also have to provide evidence of your relationship. You’ll be able to use the following to prove relationship:

• Married/Civil partners can use a valid marriage/civil partnership certificate, or a relevant document issued under the EEA Regulations as the married/civil partner of the EU citizen
• Children can use a full birth certificate, or a relevant document issued under the EEA Regulations on the basis of the relevant family relationship
• Dependent parents can use a relevant document issued under the EEA Regulations based on the relevant family relationship, or other documentation which evidences that the applicant is the direct relative in the ascending line of the EU citizen (or of their spouse or civil partner)
• Unmarried partners must use a relevant document issued under the EEA Regulations as the durable partner of the EU citizen and, unless this confirms the right of permanent residence in the UK, evidence which satisfies the Home Office caseworker that the durable partnership continues to subsist (or did so for the period of residence relied upon)
• Dependent relatives must use a relevant document issued under the EEA Regulations as the dependent relative of their sponsor for the period of residence relied upon

To apply please use the following link:
https://www.gov.uk/settled-status-eu-cit...

When you apply, you can either:

• use the ‘EU Exit: ID Document Check’ app to scan your document and send your photo - you need to use an Android phone to do this.
• send your document by post, and upload your photo using the online application (you can take this yourself)

You can use the ‘EU Exit: ID Document Check’ app to verify your identity. This is only available on Android devices. You can use a family member/friend’s device for the step of verifying your identity. There are no security risks in doing this as your data is not stored on the device.

For guidance on how to use the app, please visit: https://www.gov.uk/guidance/using-the-eu...

In addition, several local authorities are offering an identity verification service to ensure those who do not have access to a suitable device are able to do so. For more information please visit:
https://www.gov.uk/government/publicatio...

To find out the nearest location where you can scan your ID document, please click on the following link and enter your postcode:
https://www.gov.uk/id-scan-eu-settlement...

If your application is successful, you’ll be given either settled or pre-settled status.

You can find more information about what rights you get for each status here: https://www.gov.uk/settled-status-eu-cit...

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-cit... or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.serv...

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey
https://homeoffice.eu.qualtrics.com/jfe/...

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,

EU Settlement Resolution Centre

UK Visas & Immigration

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicatio.... This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

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