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Yes, this is a very common misinterpretation of the text from the EU Settlement Scheme page. It does not hep that the way it is worded assumes anyone reading is a EU citizen, you have to dig deep to find the non-EU family member section in the EU case worker guidelines (page 82), where it explicitly says the 5 years have to have been completed as a family member of an EU citizen:adham1990mizo wrote: ↑Sun Nov 27, 2022 2:24 pmI moved to the UK in 2017 and held a Tier 2 visa. In 2020 I switched from Tier 2 to EU settlement pre-settled. I applied to settled status this year because I thought that I had 5 years continuous resident in 2022 because I moved in 2017!
Note the "as such a family member". That means, your time effectively starts when you were first recognised as your partner's family member, e.g. when you got your civil partnership.they have completed a continuous qualifying period of residence in the UK and Islands of 5 years which (unless they are the dependent relative of a specified relevant person of Northern Ireland) began before the specified date as such a family member
Yes, that is the rule. The decision is correct. I received that too, even after paying UK taxes for almost 8 years.The home office refused my settled status and said:
"Although you are the family member of a relevant EEA citizen and you were in the UK
between 2017 and 2022, you have not been a family member of a
relevant EEA citizen for a continuous qualifying period of five years because your
continuous qualifying period began 2020 when you entered into a civil
partnership with the EEA citizen."
Since it's a family route, there is no provision within the EU Settlement Scheme to include immigration history prior to the family relationship. Why would it be? Before your relationship, you were not the family member of your partner. They have not disregarded anything, they have simply followed the rules.So basically, they disregarded all the history prior to the civil partnership!
I know. I feel your pain there, this is the experience of many of us here.As if I was NOT paying tax and being a normal resident since 2017!!
In the great scheme of things... 3 years fly by. Seriously.Now I have to wait 3 more years to apply!
There is nothing you can do to accelerate your qualifying for Settled Status. The only route that counts all your immigration history combined is the 10-year route for ILR. But it will actually take you longer, and is expensive. So stick to the Settlement Scheme and be patient.Any advice? Is there another route we can do?
Well... it's not. But that's life.How is this fair?!
If applying as unmarried partner, having proved common cohabitation of 2 years by application date, clock starts on issue of EEA residence card/pre-settled Status.
Thanks for your reply, I applied for eea residence card on January 2018 and I got it in January 2018 as unmarried partner. And then I'm April 2019 I registered the marriage. We got married.kamoe wrote: ↑Sun Nov 27, 2022 5:58 pmIf applying as unmarried partner, having proved common cohabitation of 2 years by application date, clock starts on issue of EEA residence card/pre-settled Status.
If applying as civil partner/married, clock starts on partnership ceremony or wedding date.
The OP doesn't specify exact application route, but assuming as civil partner, as per the wording of the answer they received.
All I'm saying is, don't mix up your case with the OP.Tiktok wrote: ↑Sun Nov 27, 2022 6:36 pmThanks for your reply, I applied for eea residence card on January 2018 and I got it in January 2018 as unmarried partner. And then I'm April 2019 I registered the marriage. We got married.
I got pre settled on May 2019.
I applied for settled in September 2022 , they grant me new pre settled and said u need to wait . Applied again in November 2022 and I got it.
One thing is the first day of the period you can show you have been living together in a relationship, with the purpose of proving durable partnership, and another very different thing is the point in time when you officially start to be considered as a family member. They are not the same thing. As you have been repeatedly advised, simply moving-in together doesn't make you instantly a family member of someone else, you need to do the time. And the 5-year clock for Settled Status doesn't start before you are officially a family member of the EU sponsor. So rule of thumb is that you need to add at least two years from "moving-in together" date (plus application processing time) to obtain the date when the clock actually starts.
As I said in your other post, the EUSS helpline is known for giving wrong advice. Take what they told you with a pinch of salt and, I suggest you refrain from sharing your experience as a success story until you have a first-hand successful outcome you can refer to. If it turns out your spouse can get settled status by virtue of all your time living together (which would be very surprising), then great, but until then, suggesting you can count all cohabitation time before marriage in the 5-year clock for Settled Status, purely based on what a very unreliable helpline told you, can be very misleading for other people. Please be careful.We have three years after marriage and two years before marriage in the UK. After reading these posts, I am not completely sure if they would accept utility bills or tenancy agreements for my spouse's settled status application.