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Question about residency requirements

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

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niloy
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Question about residency requirements

Post by niloy » Wed Nov 30, 2022 3:21 pm

I came to the UK in 2018 on a Student Visa but got my EEA Residence Permit in 2019.

Settled status requires 5 years of residency, so will be able to apply for it in 2023 or 2024? My confusion basically is whether my first year will be counted from the time I got the Residence Permit or from the time I landed in the UK.

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Re: Question about residency requirements

Post by CR001 » Wed Nov 30, 2022 3:25 pm

EEA Residence Permit in 2019
On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??
Char (CR001 not Casa)
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Re: Question about residency requirements

Post by kamoe » Wed Nov 30, 2022 5:09 pm

I thought you said in a previous post that you had settled status?
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.

niloy
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Re: Question about residency requirements

Post by niloy » Wed Nov 30, 2022 5:19 pm

CR001 wrote:
Wed Nov 30, 2022 3:25 pm
EEA Residence Permit in 2019
On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??
EEA Family Member, my step dad is a EU citizen

niloy
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Re: Question about residency requirements

Post by niloy » Wed Nov 30, 2022 5:21 pm

kamoe wrote:
Wed Nov 30, 2022 5:09 pm
I thought you said in a previous post that you had settled status?
That was on behalf of someone else - my cousin. Just thought I wouldn't over complicate things by adding "on behalf of"

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Re: Question about residency requirements

Post by secret.simon » Wed Nov 30, 2022 5:34 pm

niloy wrote:
Wed Nov 30, 2022 5:21 pm
Just thought I wouldn't over complicate things by adding "on behalf of"
Always add that if you are asking on behalf of somebody else. Your post history will be looked at in order to give you a better more detailed answer.

As CR001 has asked above, how did your cousin acquire their EEA residence Permit? As the spouse or durable partner of an EEA citizen or under some other category?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Question about residency requirements

Post by niloy » Wed Nov 30, 2022 6:16 pm

secret.simon wrote:
Wed Nov 30, 2022 5:34 pm
niloy wrote:
Wed Nov 30, 2022 5:21 pm
Just thought I wouldn't over complicate things by adding "on behalf of"
Always add that if you are asking on behalf of somebody else. Your post history will be looked at in order to give you a better more detailed answer.

As CR001 has asked above, how did your cousin acquire their EEA residence Permit? As the spouse or durable partner of an EEA citizen or under some other category?
My cousin has a different equation than mine since he's a EU citizen. He got it through that.

I'm not a EU citizen my dad is, I came here in 2018 on a Student Visa from a non-EU country and got the Permit or Pre-settled status on 2019

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Re: Question about residency requirements

Post by kamoe » Wed Nov 30, 2022 10:03 pm

niloy wrote:
Wed Nov 30, 2022 5:19 pm
CR001 wrote:
Wed Nov 30, 2022 3:25 pm
EEA Residence Permit in 2019
On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??
EEA Family Member, my step dad is a EU citizen
When did your step dad become your step dad? When did he arrive in the UK? Can you please give a detailed timeline of all this, mentioning at least the month and year of events?
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.

niloy
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Re: Question about residency requirements

Post by niloy » Thu Dec 01, 2022 4:19 pm

kamoe wrote:
Wed Nov 30, 2022 10:03 pm
niloy wrote:
Wed Nov 30, 2022 5:19 pm
CR001 wrote:
Wed Nov 30, 2022 3:25 pm
EEA Residence Permit in 2019
On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??
EEA Family Member, my step dad is a EU citizen
When did your step dad become your step dad? When did he arrive in the UK? Can you please give a detailed timeline of all this, mentioning at least the month and year of events?
Absolutely.
He arrived in the UK as a EU national around 2011. Married my mum in 2019.

I came in the UK in 2018 with a Student Visa, and obtained my EU Residence Permit or Pre-settlement in 2019 being a child of a EU national.

So my question now is, for counting residency years for my settlement, will they count from 2018 when I came with a Student Visa, or from 2019 when I got my pre-settlement?

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Re: Question about residency requirements

Post by secret.simon » Thu Dec 01, 2022 6:02 pm

The residency will count from the time you became the step-child/family member of the EU citizen.

As the EU citizen married your mother in 2019, your residency clock for the purpose of Settled Status will start from the date of marriage of your EU step-father and your mother. Your mother (assuming that she was already resident in the UK) and you can apply for Settled Status on the fifth anniversary of your mother and EU step-father's marriage.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

niloy
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Re: Question about residency requirements

Post by niloy » Thu Dec 01, 2022 7:01 pm

secret.simon wrote:
Thu Dec 01, 2022 6:02 pm
The residency will count from the time you became the step-child/family member of the EU citizen.

As the EU citizen married your mother in 2019, your residency clock for the purpose of Settled Status will start from the date of marriage of your EU step-father and your mother. Your mother (assuming that she was already resident in the UK) and you can apply for Settled Status on the fifth anniversary of your mother and EU step-father's marriage.
Thanks for the clarification. If you don't mind me asking, on what basis have you figured this?

Because I called the EU Settlement Scheme twice and got two different answers each time, one said what you said and another person said if I can provide evidence I was there in the UK in 2018 (with the usual stuff like bank statement), then they'd also count 2018.

So are you saying this based on experience of seeing other cases like mine or is there a document somewhere outlining this rule?

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Re: Question about residency requirements

Post by meself2 » Thu Dec 01, 2022 7:15 pm

vinny wrote:
Sun Nov 27, 2022 2:50 pm
The start of your qualifying period for settled status under EU11 is when you became a family member of a relevant EEA national.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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Re: Question about residency requirements

Post by kamoe » Thu Dec 01, 2022 7:25 pm

niloy wrote:
Thu Dec 01, 2022 7:01 pm
Because I called the EU Settlement Scheme twice and got two different answers each time, one said what you said and another person said if I can provide evidence I was there in the UK in 2018 (with the usual stuff like bank statement), then they'd also count 2018.
I have lost count of how many times I've seen messages here reporting that the EU Settlement Scheme contact centre tells wrong information.
So are you saying this based on experience of seeing other cases like mine or is there a document somewhere outlining this rule?
The post above wil give you vinny's very succint reference for the legal framework.

There are multiple examples in this site of people in your same situation:
  • Person came on a Tier visa to the UK as non-EU national.
  • Became family member of EU national some time after that.
  • Applied to the Settlement Scheme thinking all their UK residency counts, but are told that only the years lived as EU family member count towards the 5 years needed for Settled Status.
If you want to read a fragment of an official decision letter, the most recent example of how the Home Office responds to those applications is here.
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.

niloy
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Re: Question about residency requirements

Post by niloy » Fri Dec 02, 2022 11:14 am

meself2 wrote:
Thu Dec 01, 2022 7:15 pm
vinny wrote:
Sun Nov 27, 2022 2:50 pm
The start of your qualifying period for settled status under EU11 is when you became a family member of a relevant EEA national.
Thanks for the link
kamoe wrote:
Thu Dec 01, 2022 7:25 pm
niloy wrote:
Thu Dec 01, 2022 7:01 pm
Because I called the EU Settlement Scheme twice and got two different answers each time, one said what you said and another person said if I can provide evidence I was there in the UK in 2018 (with the usual stuff like bank statement), then they'd also count 2018.
I have lost count of how many times I've seen messages here reporting that the EU Settlement Scheme contact centre tells wrong information.
So are you saying this based on experience of seeing other cases like mine or is there a document somewhere outlining this rule?
The post above wil give you vinny's very succint reference for the legal framework.

There are multiple examples in this site of people in your same situation:
  • Person came on a Tier visa to the UK as non-EU national.
  • Became family member of EU national some time after that.
  • Applied to the Settlement Scheme thinking all their UK residency counts, but are told that only the years lived as EU family member count towards the 5 years needed for Settled Status.
If you want to read a fragment of an official decision letter, the most recent example of how the Home Office responds to those applications is here.
Ok thanks. One last question please. Does the clock start from the date their marriage was registered (July 2019), or from the month my pre-settlement got valid (December 2019)

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Re: Question about residency requirements

Post by kamoe » Fri Dec 02, 2022 11:46 am

secret.simon wrote:
Thu Dec 01, 2022 6:02 pm
The residency will count from the time you became the step-child/family member of the EU citizen.

As the EU citizen married your mother in 2019, your residency clock for the purpose of Settled Status will start from the date of marriage of your EU step-father and your mother. Your mother (assuming that she was already resident in the UK) and you can apply for Settled Status on the fifth anniversary of your mother and EU step-father's marriage.
secret.simon already answered in quoted message above. Clearly on their wedding date, so July 2019.

That's why I was asking you to be specific about your timeline in months, not only 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.

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Re: Question about residency requirements

Post by secret.simon » Sat Dec 03, 2022 6:35 pm

kamoe wrote:
Fri Dec 02, 2022 11:46 am
Clearly on their wedding date, so July 2019.
Assuming that she was already resident in the UK before the wedding of course.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Question about residency requirements

Post by kamoe » Sat Dec 03, 2022 9:02 pm

secret.simon wrote:
Sat Dec 03, 2022 6:35 pm
kamoe wrote:
Fri Dec 02, 2022 11:46 am
Clearly on their wedding date, so July 2019.
Assuming that she was already resident in the UK before the wedding of course.
Indeed. I Hence why I asked the OP for specifics on their and their parents timeline.
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.

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Re: Question about residency requirements

Post by CR001 » Sun Dec 04, 2022 7:21 am

kamoe wrote:
Sat Dec 03, 2022 9:02 pm
secret.simon wrote:
Sat Dec 03, 2022 6:35 pm
kamoe wrote:
Fri Dec 02, 2022 11:46 am
Clearly on their wedding date, so July 2019.
Assuming that she was already resident in the UK before the wedding of course.
Indeed. I Hence why I asked the OP for specifics on their and their parents timeline.
First sentence in OPs first post in this topic tells you the answer.
I came to the UK in 2018 on a Student Visa but got my EEA Residence Permit in 2019.
Char (CR001 not Casa)
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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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Re: Question about residency requirements

Post by kamoe » Sun Dec 04, 2022 9:45 am

Not really, no. That line didn't tell us the timeline of their parents wedding date (which we now know is July), or where that took place (which we don't. Was it in the UK or abroad?). We still don't know when the mother arrived in the UK, and on what type of visa/permit.
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.

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Re: Question about residency requirements

Post by CR001 » Sun Dec 04, 2022 10:05 am

Additional, as this user has multiple usernames, they claim in another post this year that their EU national parent has died (who was also a British citizen).

general-uk-immigration-forum/need-an-ex ... l#p2082756
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Re: Question about residency requirements

Post by niloy » Mon Dec 05, 2022 2:02 pm

secret.simon wrote:
Sat Dec 03, 2022 6:35 pm
kamoe wrote:
Fri Dec 02, 2022 11:46 am
Clearly on their wedding date, so July 2019.
Assuming that she was already resident in the UK before the wedding of course.
If she did not have a legal visa before the wedding, how does that change the equation? Basically me and my mother both got the resident card around the same time. Except I had Student Visa before I had the card and she did not have any visa.

Does this change anything about when the clock starts?

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Re: Question about residency requirements

Post by JB007 » Mon Dec 05, 2022 4:16 pm

Was your (deceased) stepfather born a British citizen?

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Re: Question about residency requirements

Post by kamoe » Mon Dec 05, 2022 5:31 pm

niloy wrote:
Mon Dec 05, 2022 2:02 pm
secret.simon wrote:
Sat Dec 03, 2022 6:35 pm
kamoe wrote:
Fri Dec 02, 2022 11:46 am
Clearly on their wedding date, so July 2019.
Assuming that she was already resident in the UK before the wedding of course.
If she did not have a legal visa before the wedding, how does that change the equation? Basically me and my mother both got the resident card around the same time. Except I had Student Visa before I had the card and she did not have any visa.

Does this change anything about when the clock starts?
The main point is, it's relevant to know when she was both a legal UK resident AND you step dad's wife. When both these conditions were met, assuming you were resident in n the UK on the date, that's when your clock starts.

If they got married abroad, then your clock starts when she arrived in the UK as your step dads wife.

If they got married in the UK, then your clock starts on their wedding date.
Last edited by kamoe on Mon Dec 05, 2022 5:36 pm, edited 1 time in total.
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Re: Question about residency requirements

Post by kamoe » Mon Dec 05, 2022 5:34 pm

.
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.

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Re: Question about residency requirements

Post by kamoe » Mon Dec 05, 2022 5:35 pm

JB007 wrote:
Mon Dec 05, 2022 4:16 pm
Was your (deceased) stepfather born a British citizen?
niloy wrote:
Thu Dec 01, 2022 4:19 pm
He arrived in the UK as a EU national around 2011.
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.

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