Non EU Spouse Settled Status Qualifying Time

Hi all

I'm a non EU national married to a dual EU/naturalized British citizen. I entered the country on a Tier 2 visa, switched to FLRM (unmarried spouse) just as the EU settlement scheme was being finalized back in 2019 and now is up for the FLRM extension after getting married last year.

Financially, the EU settlement scheme seems worth a shot even if I get turned down.

My first question is - does anyone think that I may not permitted to switch from FLRM to EUSS? I do have relevant document that proves my husband was exercising his right to freedom of movement and residence when he naturalized.

Second question is - what is the most likely outcome for my pre/settled status? Could my FLRM be considered as "relevant document" that proves my relationship as a durable partner?

Timeline
2015 1st entry to UK via Tier 2 ICT
Jul 2016 Start of cohabitation with council tax evidence
Mar 2019 Switched to FLRM (unmarried spouse)
Aug 2020 Got married with certificate from the UK registry

Thank you all!

Why did you switch to FLRM instead of EEA Unmarried partner?

As far as I understand only time under the EEA regulations or as a married spouse count towards your 5 years. As such the FLRM would not be considered a relevant document, only a EEA Family Permit or Residence card.

Also, which nationality did your spouse first acquire? British or EU, and when was that?

kamoe wrote: ↑

Tue May 18, 2021 6:42 am

Why did you switch to FLRM instead of EEA Unmarried partner?

As far as I understand only time under the EEA regulations or as a married spouse count towards your 5 years. As such the FLRM would not be considered a relevant document, only a EEA Family Permit or Residence card.

Also, which nationality did your spouse first acquire? British or EU, and when was that?

Short answer is, bad judgement.

My husband was very anxious at the time of Brexit and just jumped into getting his citizenship. This was in 2018. His PR status was retrospectively confirmed to 2011, per HO letter. He's an EU citizen by birth. I was also being pressured from work to figure it out my next step as my ICT was expiring and my role would have to be filled. Used an immigration advisor who did my FLRM and wasn't advised otherwise.

"As far as I understand only time under the EEA regulations or as a married spouse count towards your 5 years. As such the FLRM would not be considered a relevant document, only a EEA Family Permit or Residence card."
- I did think this is the likely outcome but had a wishful thinking that my residency from FLRM would count :/

Thanks for your feedback!

OK, yes, you should have applied to the EEA route instead of FLRM. Why the Home Office lets people apply for routes that are not in their best interest is beyond my understanding.

Anyway, not all is lost. You can still apply to the EU Settlement Scheme, but given your continuous residence time starts on your wedding date (as spouse of EU citizen), not on the date you were issued your FLRM (since it's outside of EEA rules, it does not count), you will get Pre-Settled, not Settled status (if you had had a EEA RC instead of a FLRM you would get settled status; sad but true).

Since your spouse is dual EU/British national, you need to make a paper application as a Lounes applicant. You need to call to get a paper form, as explained in the page: https://www.gov.uk/settled-status-eu-ci ... lsrc=aw.ds

Who cannot use this service
You cannot use the online service to apply to the scheme if you’re applying as:

• the family member of a British citizen you lived with in Switzerland or an EU or EEA country

• the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship

• the primary carer of a British, EU, EEA or Swiss citizen

• the child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education - or you’re the child’s primary carer

Contact the EU Settlement Resolution Centre online to find out how to apply.

kamoe wrote: ↑

Tue May 18, 2021 8:02 am

OK, yes, you should have applied to the EEA route instead of FLRM. Why the Home Office lets people apply for routes that are not in their best interest is beyond my understanding.

Anyway, not all is lost. You can still apply to the EU Settlement Scheme, but given your continuous residence time starts on your wedding date (as spouse of EU citizen), not on the date you were issued your FLRM (since it's outside of EEA rules, it does not count), you will get Pre-Settled, not Settled status (if you had had a EEA RC instead of a FLRM you would get settled status; sad but true).

Since your spouse is dual EU/British national, you need to make a paper application as a Lounes applicant. You need to call to get a paper form, as explained in the page: https://www.gov.uk/settled-status-eu-ci ... lsrc=aw.ds

Who cannot use this service
You cannot use the online service to apply to the scheme if you’re applying as:

• the family member of a British citizen you lived with in Switzerland or an EU or EEA country

• the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship

• the primary carer of a British, EU, EEA or Swiss citizen

• the child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education - or you’re the child’s primary carer

Contact the EU Settlement Resolution Centre online to find out how to apply.

I missed this bit on the paper application, the app annoyingly took in my application. Thanks again!

JST88 wrote: ↑

Tue May 18, 2021 9:07 am

I missed this bit on the paper application, the app annoyingly took in my application. Thanks again!

From what I have read what will happen is that they will contact you to tell you they cannot proceed with the app application and that you need to do a paper application, which they will send. At least it was like this a few months ago, but things might have changed and they might let you go ahead, just wait and see what happens.

kamoe wrote: ↑

Tue May 18, 2021 9:10 am

JST88 wrote: ↑

Tue May 18, 2021 9:07 am

I missed this bit on the paper application, the app annoyingly took in my application. Thanks again!

From what I have read what will happen is that they will contact you to tell you they cannot proceed with the app application and that you need to do a paper application, which they will send. At least it was like this a few months ago, but things might have changed and they might let you go ahead, just wait and see what happens.

Just an update - Emailed the EU Resolution Centre to query, no response on email but received the 44pg form 3 days later.