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Applying for Settled Status - A few questions

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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mradam
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Posts: 12
Joined: Sun Sep 07, 2014 11:57 am

Applying for Settled Status - A few questions

Post by mradam » Sun Feb 16, 2020 2:28 pm

Hello everyone,

I was about to apply to the EU Settlement Scheme but I was unsure about a few things so was hoping someone could offer some advice regarding some questions I have.

Firstly, my situation is as follows:

- I am an EU national (France) and have been resident in the UK since 1990

- My spouse is a non-EU national and joined me here in the UK in May 2015; she came here by way of a EU Family Permit

- We have a child who has a British passport

- A few months after my spouse arrived in the UK (in May 2015), we applied for a Residence Card for her. After a long delay she was granted a 5 year Residence Card in October 2016; the Residence Card expires in October 2021


My questions regarding the Settlement Scheme:

1) I think I will probably be granted Settled Status as I've been here for many years, but as my wife is about 4 months short of 5 years since her arrival in the UK, she will probably be granted Pre-Settled. Is this a correct assumption to make? If so, should I wait until after May this year (meaning she would have been in the UK for over 5 years), so that we are both more likely to be granted Settled Status?


2) My wife entered the UK in May 2015 but the 5 year Residence Card was only granted about a year and a half later in October 2016.
Therefore she would have been in the country for 5 years this May, but her 5 year Residence Card still has about 20 months to go before expiry.
I'm not sure how the Home Office timelines work; do they start counting for the 5 year's worth of residence in the UK from the date of entry in the UK, or the date when the Residence Card was granted?
If they go by the Residence Card dates then I'm guessing there is no point in waiting until after May to apply for the Settlement Scheme as she will be granted Pre-Settled status anyways. Is this a correct assumption to make?


3) My wife wants to apply for British Citizenship, and I understand that you can only do this after you have been resident in the UK for at least 5 years. So similar to the questions above, does the 5 year clock for being able to apply for citizenship begin when you set foot in the country, or does it start from the moment the Residence Card is granted?
If the 5 year clock starts from the moment you set foot in the country she would have completed 5 years this May, therefore am I right in saying that she can just apply for citizenship and not bother with the Settlement Scheme (obviously I would still be applying to the Settlement Scheme for myself)?


4) I've somewhere that for those granted Settled Status, you would have to wait at least one year before you can apply for British Citizenship. Is this correct? Does that mean that this requirement overrides the previous requirement of at least 5 years of residency before being able to apply? Meaning that if you already have the 5 years' worth of residency, you have to wait another year before being able to apply?


Thank you for reading through this and I am grateful for any advice offered.

:)

Richard W
- thin ice -
Posts: 1940
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Applying for Settled Status - A few questions

Post by Richard W » Sun Feb 16, 2020 3:38 pm

mradam wrote:
Sun Feb 16, 2020 2:28 pm
- We have a child who has a British passport
When was the child born, and how did you prove that you were 'settled'? Will the evidence still be available in 20 years time, in case HMPO no longer trusts their previous checks?
mradam wrote:
Sun Feb 16, 2020 2:28 pm
2) My wife entered the UK in May 2015 but the 5 year Residence Card was only granted about a year and a half later in October 2016.
Therefore she would have been in the country for 5 years this May, but her 5 year Residence Card still has about 20 months to go before expiry.
I'm not sure how the Home Office timelines work; do they start counting for the 5 year's worth of residence in the UK from the date of entry in the UK, or the date when the Residence Card was granted?
If they go by the Residence Card dates then I'm guessing there is no point in waiting until after May to apply for the Settlement Scheme as she will be granted Pre-Settled status anyways. Is this a correct assumption to make?
As she arrived in the UK as your wife, they should count the 5 years from when she arrived.

I would therefore wait until your wife has been in the country for 5 years before she applies for her settled status. On the other hand, if you apply for yourself now, I believe she can use your settled status as evidence to support her application.
mradam wrote:
Sun Feb 16, 2020 2:28 pm
3) My wife wants to apply for British Citizenship, and I understand that you can only do this after you have been resident in the UK for at least 5 years. So similar to the questions above, does the 5 year clock for being able to apply for citizenship begin when you set foot in the country, or does it start from the moment the Residence Card is granted?
If the 5 year clock starts from the moment you set foot in the country she would have completed 5 years this May, therefore am I right in saying that she can just apply for citizenship and not bother with the Settlement Scheme (obviously I would still be applying to the Settlement Scheme for myself)?
In your wife's case, is it a 6+ year clock. She must have been residing not in breach of the immigration laws for 5 years before, and for the last year she much have been 'settled'. She can apply one year after she gets settled status. It might be slightly faster if she applied for a PRC as well - the last year starts on the date she achieved PR, not the date the PRC was issued.
mradam wrote:
Sun Feb 16, 2020 2:28 pm
4) I've somewhere that for those granted Settled Status, you would have to wait at least one year before you can apply for British Citizenship. Is this correct? Does that mean that this requirement overrides the previous requirement of at least 5 years of residency before being able to apply? Meaning that if you already have the 5 years' worth of residency, you have to wait another year before being able to apply?
That's often true, and would apply in your wife's case. The timing is different for those married to a British citizen. Also, a certified date of achieving PR will be taken in preference to a date of being granted settled status. An earlier date of achieving normal ILR will also be taken in preference - you may have such ILR yourself.

kamoe
Respected Guru
Posts: 1258
Joined: Mon Sep 07, 2015 10:57 am

Re: Applying for Settled Status - A few questions

Post by kamoe » Sun Feb 16, 2020 8:02 pm

Richard W wrote:
Sun Feb 16, 2020 3:38 pm
mradam wrote:
Sun Feb 16, 2020 2:28 pm
2) My wife entered the UK in May 2015 but the 5 year Residence Card was only granted about a year and a half later in October 2016.
Therefore she would have been in the country for 5 years this May, but her 5 year Residence Card still has about 20 months to go before expiry.
I'm not sure how the Home Office timelines work; do they start counting for the 5 year's worth of residence in the UK from the date of entry in the UK, or the date when the Residence Card was granted?
If they go by the Residence Card dates then I'm guessing there is no point in waiting until after May to apply for the Settlement Scheme as she will be granted Pre-Settled status anyways. Is this a correct assumption to make?
As she arrived in the UK as your wife, they should count the 5 years from when she arrived.

I would therefore wait until your wife has been in the country for 5 years before she applies for her settled status. On the other hand, if you apply for yourself now, I believe she can use your settled status as evidence to support her application.
The key things to know here about the Settlement Scheme, that is relevant to your case are:

1) You do not make one joint application, you make two separate applications, one for each of you.
2) It doesn't matter if you apply 5 months, 5 days, or 5 minutes earlier than her. What matters is that you need to apply first, since your wife is going to need your application number to attach her application to yours.

Thus, it makes little difference when you yourself apply. What makes a difference is when she applies. You can either:

a) Apply now only you, then have your wife apply in May 2020 quoting your application number.
b) Wait until May 2020, then apply both, but having into account that you go first, then her, quoting your application number.

It does not matter if your application has not yet been decided when she applies. In both cases, you'll both have Settled Status.
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Respected Guru
Posts: 1258
Joined: Mon Sep 07, 2015 10:57 am

Re: Applying for Settled Status - A few questions

Post by kamoe » Sun Feb 16, 2020 8:20 pm

mradam wrote:
Sun Feb 16, 2020 2:28 pm
3) My wife wants to apply for British Citizenship, and I understand that you can only do this after you have been resident in the UK for at least 5 years. So similar to the questions above, does the 5 year clock for being able to apply for citizenship begin when you set foot in the country, or does it start from the moment the Residence Card is granted?
If the 5 year clock starts from the moment you set foot in the country she would have completed 5 years this May, therefore am I right in saying that she can just apply for citizenship and not bother with the Settlement Scheme (obviously I would still be applying to the Settlement Scheme for myself)?
Two questions come to mind:

a) Are you not interested in British Citizenship yourself? If you were a British citizen, she could then apply for British citizenship as soon as she got Settled Status, no extra year required. Since you have been in the UK since 1990 seems you are already eligible for a Permanent Residence card under the old EEA route (so the 6+ years already retroactively completed), and thus eligible for British Citizenship also straight away. Also, to answer your last question, yes, equally she could go for a Permanent Residence card under the EEA route in May, not bother with the Settlement Scheme, and you being a British Citizen would also make her immediately eligible for British Citizenship. Having said this, British Citizenship does not happen overnight, so this might or might not make things faster than simply the both of you going through the Settlement Scheme route.

b) Is she not interested in French citizenship herself? Asking the question as it seems you simply, and understandably, want to secure UK/EU rights for the both of you, and seem to consider it good enough to just have one or the other nationality (but I might be making a wrong assumption). I believe French citizenship is much cheaper!
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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