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Pre-Settle to Settle Status period

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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nomadtraveller29
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Pre-Settle to Settle Status period

Post by nomadtraveller29 » Sun Jan 24, 2021 10:24 pm

Hi,
First of all I would like to apologies to administrators if I have posted this in the wrong section.

I am a non-eu national and got married to eu national in January 2016 in the UK. I applied under EU Settlement Scheme in 2019 and was given pre-settle status with reason given that even though I was in the Uk for more than 5 years I do not qualify for settled status as my marriage commenced in 2016 hence I have been given pre-settle status. The letter also states that I can apply for settled status once completing continuous 5 years. I currently hold EU pre-settle card which was replaced against my EU residence card which was issued in 2017. So here are my questions.

1) I have complete five years of marriage this month can I apply for settled status ?

2) Do I have to wait and count the 5 years the day I was issued EU residence card?

I am asking these questions as I have read on this forum that some people have been refused Settle status even after competing 5 years of marriage.

Many thanks

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre-Settle to Settle Status period

Post by kamoe » Mon Jan 25, 2021 9:26 am

nomadtraveller29 wrote:
Sun Jan 24, 2021 10:24 pm
1) I have complete five years of marriage this month can I apply for settled status ?
Yes.
2) Do I have to wait and count the 5 years the day I was issued EU residence card?
No. The relevant date is the date you became member of the family of a EU national, in your case, the relevant date is the date you got married.

Date of issuance of EEA card is the relevant date for unmarried partners and other extended family members, which is not your case.
I am asking these questions as I have read on this forum that some people have been refused Settle status even after competing 5 years of marriage.
That's because you are taking the information out of context.

The general rule is that the clock starts when both of the below two conditions are true:

1. You are a resident in the UK
2. You are the family member of a EU national who is also a resident in the UK

So for example:

If someone came to the UK as a student in 2010, and married a EU national in 2015 in the UK, clock starts in 2015.
If some has been married to a EU national living abroad since 2015, and they moved to the UK in 2020, clock starts in 2020.
If some has been married to a EU national living abroad since 2015, and they are still living abroad, clock has not started.

See? Date of marriage is not always the moment the clock starts. The clock starts when the two conditions 1. and 2. are true.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Kuliska02
Newbie
Posts: 45
Joined: Thu Jan 14, 2021 2:28 pm

Re: Pre-Settle to Settle Status period

Post by Kuliska02 » Mon Jan 25, 2021 12:10 pm

kamoe wrote:
Mon Jan 25, 2021 9:26 am
nomadtraveller29 wrote:
Sun Jan 24, 2021 10:24 pm
1) I have complete five years of marriage this month can I apply for settled status ?
Yes.
2) Do I have to wait and count the 5 years the day I was issued EU residence card?
No. The relevant date is the date you became member of the family of a EU national, in your case, the relevant date is the date you got married.

Date of issuance of EEA card is the relevant date for unmarried partners and other extended family members, which is not your case.
I am asking these questions as I have read on this forum that some people have been refused Settle status even after competing 5 years of marriage.
That's because you are taking the information out of context.

The general rule is that the clock starts when both of the below two conditions are true:

1. You are a resident in the UK
2. You are the family member of a EU national who is also a resident in the UK

So for example:

If someone came to the UK as a student in 2010, and married a EU national in 2015 in the UK, clock starts in 2015.
If some has been married to a EU national living abroad since 2015, and they moved to the UK in 2020, clock starts in 2020.
If some has been married to a EU national living abroad since 2015, and they are still living abroad, clock has not started.

See? Date of marriage is not always the moment the clock starts. The clock starts when the two conditions 1. and 2. are true.
Hi kamoe I married in outside UK, and moved UK with my wife April 2018, but I got my 5 years resident card in December 2018, later we applied and got it pre settle aswell,
Question is I wanna ask when I can apply settle?
The day i moved April 2018
The day I got residence card December 2018

Am i gonna apply April 2023 or december 2023

Can u pls let me know thx a lot.

Desi Boy
Newbie
Posts: 34
Joined: Wed Nov 20, 2019 9:23 pm

Re: Pre-Settle to Settle Status period

Post by Desi Boy » Mon Jan 25, 2021 12:54 pm

Your time start when you receive visa in home country like eea family permit

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre-Settle to Settle Status period

Post by kamoe » Mon Jan 25, 2021 1:04 pm

Desi Boy wrote:
Mon Jan 25, 2021 12:54 pm
Your time start when you receive visa in home country like eea family permit
Some people never get a EEA family Permit, and are able to enter the UK on the strength of their passport or showing marriage certificate, so this cannot be declared as a rule.

Provided the question is asked from the perspective of someone who is already married to a EU national abroad:

If issued with a Family Permit, clock starts on date of issue of Family Permit.
If not, then clock starts on date of moving to the UK.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre-Settle to Settle Status period

Post by kamoe » Mon Jan 25, 2021 1:07 pm

Kuliska02 wrote:
Mon Jan 25, 2021 12:10 pm

Question is I wanna ask when I can apply settle?
The day i moved April 2018
The day I got residence card December 2018

Am i gonna apply April 2023 or december 2023

Can u pls let me know thx a lot.
If you never had a EEA Family Permit, then April 2023. Otherwise date of issue of EEA Family Permit + 5 years.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Desi Boy
Newbie
Posts: 34
Joined: Wed Nov 20, 2019 9:23 pm

Re: Pre-Settle to Settle Status period

Post by Desi Boy » Mon Jan 25, 2021 1:14 pm

I been married abroad and received my eea family permit 3 June 2015 from Poland. 3rd June 2020 I been qualified for settle status even I received my eea family residence card June 2018. So time start when you receive eea family permit or enter to UK with artical 10 residence card or anyone enter without visa

Kuliska02
Newbie
Posts: 45
Joined: Thu Jan 14, 2021 2:28 pm

Re: Pre-Settle to Settle Status period

Post by Kuliska02 » Mon Jan 25, 2021 1:20 pm

Desi Boy wrote:
Mon Jan 25, 2021 1:14 pm
I been married abroad and received my eea family permit 3 June 2015 from Poland. 3rd June 2020 I been qualified for settle status even I received my eea family residence card June 2018. So time start when you receive eea family permit or enter to UK with artical 10 residence card or anyone enter without visa
I didn't have family permit because, when I was living in eu my wife country, I already had a eu family member card, so we traveled to UK with that card and our marriage book, I could travel with that card everywhere with my wife, we came to UK April 2018, this is how I enter, the couple of months later apply in the UK resident card and in December I got my first 5 years residence card

So guys which date I'm available to apply
April or December 🤔 thx a lot

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre-Settle to Settle Status period

Post by kamoe » Mon Jan 25, 2021 1:23 pm

Kuliska02 wrote:
Mon Jan 25, 2021 1:20 pm
So guys which date I'm available to apply
April or December 🤔 thx a lot
For the third time, April 2023.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Kuliska02
Newbie
Posts: 45
Joined: Thu Jan 14, 2021 2:28 pm

Re: Pre-Settle to Settle Status period

Post by Kuliska02 » Mon Jan 25, 2021 1:33 pm

kamoe wrote:
Mon Jan 25, 2021 1:23 pm
Kuliska02 wrote:
Mon Jan 25, 2021 1:20 pm
So guys which date I'm available to apply
April or December 🤔 thx a lot
For the third time, April 2023.
I appreciate all the answers, I got one more question, I been reading somewhere in gov.uk
When you can apply settle status?
It's saying before 3 months of your 5 years something like that

Let's say I'm gonna be here 5 years on 01/04/2023
So can I make my application in January 2023 or I have to send my application 02/04/2023?

Thx alot

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre-Settle to Settle Status period

Post by kamoe » Mon Jan 25, 2021 1:50 pm

Kuliska02 wrote:
Mon Jan 25, 2021 1:33 pm
kamoe wrote:
Mon Jan 25, 2021 1:23 pm
Kuliska02 wrote:
Mon Jan 25, 2021 1:20 pm
So guys which date I'm available to apply
April or December 🤔 thx a lot
For the third time, April 2023.
I appreciate all the answers, I got one more question, I been reading somewhere in gov.uk
When you can apply settle status?
It's saying before 3 months of your 5 years something like that
The EU Settlement Scheme is a special case, apart from most UK immigration routes.
As such, that rule of anticipated application does not apply.
You apply when you are eligible, not before.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Kuliska02
Newbie
Posts: 45
Joined: Thu Jan 14, 2021 2:28 pm

Re: Pre-Settle to Settle Status period

Post by Kuliska02 » Mon Jan 25, 2021 1:57 pm

kamoe wrote:
Mon Jan 25, 2021 1:50 pm
Kuliska02 wrote:
Mon Jan 25, 2021 1:33 pm
kamoe wrote:
Mon Jan 25, 2021 1:23 pm
Kuliska02 wrote:
Mon Jan 25, 2021 1:20 pm
So guys which date I'm available to apply
April or December 🤔 thx a lot
For the third time, April 2023.
I appreciate all the answers, I got one more question, I been reading somewhere in gov.uk
When you can apply settle status?
It's saying before 3 months of your 5 years something like that
The EU Settlement Scheme is a special case, apart from most UK immigration routes.
As such, that rule of anticipated application does not apply.
You apply when you are eligible, not before.
I got my pre settle status in 2019 so when I'm gonna apply 2024? But I got my first resident card in 2018 I'm very confused sorry 🙏

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Pre-Settle to Settle Status period

Post by kamoe » Mon Jan 25, 2021 2:03 pm

Kuliska02 wrote:
Mon Jan 25, 2021 1:57 pm
I got my pre settle status in 2019 so when I'm gonna apply 2024? But I got my first resident card in 2018 I'm very confused sorry 🙏
Your Pre-Settled Status is irrelevant.

You are eligible for Settled Status exactly 5 years after the start of your clock.
In your case, your clock starts on the date you moved to the UK as a spouse of a EU national (April 2018).

Therefore, and you have already been given this answer four times, you will be eligible for Settled Status in April 2023.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Kuliska02
Newbie
Posts: 45
Joined: Thu Jan 14, 2021 2:28 pm

Re: Pre-Settle to Settle Status period

Post by Kuliska02 » Mon Jan 25, 2021 2:04 pm

kamoe wrote:
Mon Jan 25, 2021 2:03 pm
Kuliska02 wrote:
Mon Jan 25, 2021 1:57 pm
I got my pre settle status in 2019 so when I'm gonna apply 2024? But I got my first resident card in 2018 I'm very confused sorry 🙏
Your Pre-Settled Status is irrelevant.

You are eligible for Settled Status exactly 5 years after the start of your clock.
In your case, your clock starts on the date you moved to the UK as a spouse of a EU national (April 2018).

Therefore, and you have already been given this answer four times, you will be eligible for Settled Status in April 2023.

Thx alot God bless you 🙏💐

Mimi2016
Newbie
Posts: 44
Joined: Wed Jan 22, 2020 12:40 am
Tunisia

Re: Pre-Settle to Settle Status period

Post by Mimi2016 » Tue Jan 26, 2021 12:54 am

Hi
my friend applied for eu settlement scheme and they ask her for evidence:
A continuous five year period of UK residency.
What that mean please? .

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