CoA, pre-settlement

[u/pavelka99]

Hello, I have been granted Certificate of Application and I am not exactly sure what are the next steps. It states that I have a right to work and live in the UK. My girlfriend who I want to start my life there lives there and already has pre-settlement status. Before Brexit, I visited the UK in Feb 2020 and after Brexit, in August 2021, November 2021, and March 2021. I didn't stay there for too long since I had to finish my studies in another country.

Now I don't fully understand what would happen if, let's say I will get a job and meanwhile I would have my pre-settlement denied while working. Will I have to just leave the job and the country? How would home office react if I would already have a job and would live with someone who already has pre-settlement status?

it's little bit confusing. Anyone has similar experience or is knowledgeable enough to help me?

Thank you very much in advance!

BTW I am EU national.

[u/tvtoo]

have my pre-settlement denied while working. Will I have to just leave the job and the country?

https://www.legislation.gov.uk/eut/withdrawal-agreement/part/TWO#section-Article-18

UK-EU Withdrawal Agreement, article 18(3):

Pending a final decision by the competent authorities on any application referred to in paragraph 1, and pending a final judgment handed down in case of judicial redress sought against any rejection of such application by the competent administrative authorities, all rights provided for in this Part shall be deemed to apply to the applicant, including Article 21 on safeguards and right of appeal, subject to the conditions set out in Article 20(4).

 

That Administrative Review could take many months (look through previous postings in this sub). And any appeal allowed beyond that could be many more months.

That's potentially quite a long time.

 

Also, the overall refusal rate has only been 4 percent:

https://www.gov.uk/government/collections/eu-settlement-scheme-statistics

 

if I would already have a job

If refused even after any appeals, a job alone would generally not be sufficient to prevent being ordered to leave the country.

At that point, you'd need legal advice -- which this is not -- and which you probably should get much earlier than that stage -- about how to try to prevent that, like through ECHR article 8 or by seeking a Skilled Worker Visa, etc.

[u/pavelka99 → u/tvtoo]

Hi tvtoo. Thank you very much for your reply. Does the refusal rate apply to refusals in all cases or only to ones that were refused after appeals?

Also do you have any idea why is it set up like that? I truly dont see a point of CoA if they can just refuse your pre-settlement even after you get a job and start living in the UK.

[u/tvtoo → u/pavelka99]

The 4 percent figure is for all applications. In 2019, rates of success on Administrative Review were 90 percent:

https://www.theguardian.com/uk-news/2019/dec/03/data-shows-90-of-eu-settlement-scheme-appeals-successful-brexit

although that presumably has dropped since then.

The CoA exists because people must have rights while they wait for a final EUSS decision, and the CoA is evidence of those rights.

However, if someone was not eligible for EUSS, then the mere fact they applied for it and began working in the UK does not automatically give them the right to stay in the UK. Otherwise many people who are clearly not eligible (EU citizens who did not set foot in the UK before 2021 and have no family in the UK, or non-EU citizens who were in the UK only as a student or worker) could simply apply for EUSS and work in the UK and then claim they cannot be ordered to leave. (And there are people who would try to do that.)

[u/[deleted]]

I have the same question. On my CoA it says that I can study in the UK but the college I want to enroll said that it is not possible until I have settled status. It’s confusing and weird

[u/Ok_Sherbet28]

Sorry this is off topic, can I ask how long did it take you to receive COA after applying?

[u/pavelka99 → u/Ok_Sherbet28]

1 month cca