Welcome to immigrationboards.com!
I'd like ot add that you will likely get Pre-Settled Status, as time spent outside of the EEA residence card does not count.
I invite you to revise your understanding. Kindly consider the below as widely proven facts:
Even if this is the most accurate and current average, again, as per the logic before, this gives you no sufficient grounds to guarantee to the OP that their application will take two months.Most of the applications are taking roughly two months.
1) no moderator has posted on this thread. Those are green names. Blue names are respected gurus.I don't know why these moderators try to disappoint the people who are waiting for their decisions from Home office.
Did you have an EEA RC as an unmarried partner before your marriage? That will explain that time being counted towards your five years.
Congratulations for your settled status!! You said you had a residence card but only got married 3 years ago. What kind on permit did you have before? I thought time spent in EU law wasn’t counted for 10 years residency.
All legal residence counts for ILR based on 10 years long residence. However, if using EEA/EU route time, there is substantial evidence that must be submitted to prove the EU citizen was a qualified person exercising treaty rights.LineLove85 wrote: ↑Thu Feb 13, 2020 11:33 amCongratulations for your settled status!! You said you had a residence card but only got married 3 years ago. What kind on permit did you have before? I thought time spent in EU law wasn’t counted for 10 years residency.
Please note that this is no guarantee that anyone doing this will be granted Settled Status.
Obviously, to qualify as durable partner in 2016 I had already submitted evidence of cohabitation for at least two years, and yet that time did not count. I'm going to raise the issue nonetheless, but I have a feeling they'll say cohabitation time prior to the issuing of a RC does not count.You were issued with a relevant document as the durable partner of your relevant EU citizen on 01 February 2016 and therefore your UK
residence as a family member of an EU citizen commenced on this date for the purposes of the scheme.
@Kamoe Let us know when they reply, I got pre settled as I’ve been married for 4 years and 2 months even tho I moved here almost 10 years ago. I believe it was an error and the OP is very lucky!!kamoe wrote: ↑Fri Feb 14, 2020 9:42 amPlease note that this is no guarantee that anyone doing this will be granted Settled Status.
It seems to me like this is an exception and not the rule, as from virtually most posts on this forum, time spent outside of the EEA route does not count towards the 5 years required for Settled Status. Even providing proof of cohabitation the fact remains that the OP was not the family member of their EU sponsor prior to their marriage. Cohabitation time would only be relevant in the context of an application for unmarried partner RC, in which case, only at the time of issuing the card would the OP become a family member of their sponsor. Also, them already completed 10 years in the UK is irrelevant, since they are not applying for ILR under the general immigration route, this is independent from the Settlement Scheme.
That being said, I'm puzzled. This is very strange and I have raised a query with the Resolution Center, as this means that either this is an isolated error on the part of the case worker... or a bunch of us who were granted pre-=Settled Status are actually already eligible for Seltted Status.
As expected, the EU Settlement Scheme Resolution center completely dodged the question of the OP case, diverting their answer to something I did not ask and already know: when I would be eligible for Settle Status myself: 5 years after the establishment of my relationship with my EU sponsor (in my case, the date my EEA card was issued), regardless of any cohabitation time before that, and regardless how long I have been in the UK.
Did they use the phrase "establishment of relationship"? That can be taken several ways, and might explain the inconsistency. There's also been at least one tribunal or court ruling that time before counts towards the qualification for PR, so its occasionally being counted does not surprise me.