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Pre-Surinder residency for settled status

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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kapai
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Joined: Tue Oct 08, 2019 10:20 pm
Australia

Pre-Surinder residency for settled status

Post by kapai » Tue Oct 08, 2019 10:35 pm

My husband is BC. I lived in the UK for 5 years, but on Tier 4 visas. I have no ILR. I am non-EU.

I just returned to UK on Surinder Singh from France (stayed about 5 months, but have been going frequently with him for years for work).

Would I get EU settled status from the 5 years spent in UK *before* entering on Surinder Singh?

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Zerubbabel
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United Kingdom

Re: Pre-Surinder residency for settled status

Post by Zerubbabel » Wed Oct 09, 2019 7:46 am

The EEA route gives you a permanent residence after 5 years of you holding an EEA residence card. The time spent on Tier 4 doesn't count towards this route.

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CR001
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Re: Pre-Surinder residency for settled status

Post by CR001 » Wed Oct 09, 2019 8:08 am

Also, surinder Singh only kicks in when you and the British spouse rerun to the UK from another EU state where the British spouse exercised treaty rights and the family member was in the EU state with the spouse, ie living, not visiting.

Time prior to that is irrelevant as a British citizen cannot exercise treaty rights in the country they are a citizen of, if relevant.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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