settled status for EU citizen but living in UK for 7 years with non-EU passport

Hi,

I know the title is little bit confusing but it is a tricky situation.
So, I am living in the UK for 8 years now but I originally came to UK with non-EU passport and stayed with various visas last was EU-FM visa. Last year I gained my Spanish Citizenship and Passport through other means. So my question is am I able to apply for settled status or pre-settled? also, do i need to do anything for my spanish passport to be validated/backdated in UK?

thanks,

How did you obtain Spanish nationality exactly and on what date was this granted??

hi,

It was granted on 06th of November 2017 and it was granted through the Law makes the acquisition of Spanish citizenship possible for the Sephardic Jews that are descendents of those expelled from Spain in the 15th Century without renouncing their current citizenship and without requiring residency in Spain.

find the official link below if interested/needed.

(Law 12/2015, of 24 June, regarding acquisition of Spanish nationality by Sephardis with Spanish origins) (in Spanish)

thanks,

If the time spent by you as the family member of an EEA citizen and as an EEA citizen is more than five continuous years, then you get settled status. Else you get pre-settled status.

You cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.

Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member wrote:3. (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

Crystal clear, thank you!

secret.simon wrote: ↑

Mon Feb 11, 2019 10:39 pm

If the time spent by you as the family member of an EEA citizen and as an EEA citizen is more than five continuous years, then you get settled status. Else you get pre-settled status.

You cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.

Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member wrote:3. (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

secret.simon wrote: ↑

Mon Feb 11, 2019 10:39 pm

You cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.

As I read Schedule 6 Regulation 8 of the EEA Regulations, the OP's status as an EEA national can be backdated indefinitely for the purposes of the EEA Regulations to cover periods of lawful residence in the UK. If the OP then qualifies for permanent residence, a DCPR would qualify the OP for settled status.

But I was not an EEA national when I have arrived to UK would it still be ok?

Richard W wrote: ↑

Tue Feb 12, 2019 8:58 pm

secret.simon wrote: ↑

Mon Feb 11, 2019 10:39 pm

You cannot aggregate visas granted under other parts of the UK Immigration Rules to build up to Settled Status.

As I read Schedule 6 Regulation 8 of the EEA Regulations, the OP's status as an EEA national can be backdated indefinitely for the purposes of the EEA Regulations to cover periods of lawful residence in the UK. If the OP then qualifies for permanent residence, a DCPR would qualify the OP for settled status.

Richard W wrote: ↑

Tue Feb 12, 2019 8:58 pm

As I read Schedule 6 Regulation 8 of the EEA Regulations, the OP's status as an EEA national can be backdated indefinitely for the purposes of the EEA Regulations to cover periods of lawful residence in the UK. If the OP then qualifies for permanent residence, a DCPR would qualify the OP for settled status.

That is an excessively wide reading of the relevant Regulation.

Periods of residence prior to the coming into force of these Regulations
8.—(1) Any period of time during which an EEA national (“P”) resided in the United Kingdom in accordance with the conditions listed in sub-paragraphs (2) or (3) is to be taken into account for the purpose of calculating periods of residence in the United Kingdom in accordance with these Regulations.
...
(3) The condition in this paragraph is that P resided in the United Kingdom in circumstances where—
(a) P was a national of a State which at that time was not an EEA State;
(b) P had leave to enter or remain in the United Kingdom under the 1971 Act for the duration of P’s residence; and
(c) P would have been residing in the United Kingdom in accordance with these Regulations, had P’s State of origin been an EEA State at that time, and had these Regulations been in force.

It is fairly obvious that the relevant Regulation provides for cases where the applicant was a citizen of a country that subsequently joined the EEA. "had P’s State of origin been an EEA State at that time" suggests that P's State of origin subsequently became an EEA State. It provided for their time in the UK prior to their country joining the EEA to also be factored into the PR journey. It would thus have applied to, say, Romanians or Bulgarians who were in the UK before 2007.

In any case, the Regulations are clearly labelled "Periods of residence prior to the coming into force of these Regulations". The OP acquired EU citizenship in 2018, while the Regulations came into force on 1st February 2017. Therefore the OP would not have benefitted from these provisions between that date and the date of his acquisition of Spanish citizenship.

I stand by my original interpretation.

hi,

I would like to extend my original question to below can anyone advise me on those please? thanks,

I originally came to UK September 2010 with a non-EU passport and I am staying in UK since then with various visas. Recently I have acquired a Spanish passport through the Law makes the acquisition of Spanish citizenship possible for the Sephardic Jews that are descendents of those expelled from Spain in the 15th Century without renouncing their current citizenship and without requiring residency in Spain on November 2017.

Since 2013 January though I am living with a EU national and married with her since 2015. We also have a little boy who is 1 years old now. Please note he has not born in UK but living since.

My questions are.
1. I know she can apply for Settled Status but can she apply for a British Passport now? Should she apply before march 2019 or can it be later?
2. I am not sure what status I am qualified for? Can you please give me guidance on that
3. Can our little boy apply for British Passport as well?

tazboys2 wrote: ↑

Fri Feb 15, 2019 2:12 pm

1. I know she can apply for Settled Status but can she apply for a British Passport now? Should she apply before march 2019 or can it be later?

Presumably here you are referring to your EEA citizen wife. How long has she resided in the UK? Has she worked or otherwise exercised treaty rights for any five continuous years? Has she applied for and got a DCPR (Document Certifying Permanent Residence)?

She cannot apply for a British passport directly. She needs either a DCPR or Settled Status to apply for British citizenship, meet its (very different from EU law and much stricter) requirements and then, once naturalised, she can apply for a British passport.

tazboys2 wrote: ↑

Fri Feb 15, 2019 2:12 pm

2. I am not sure what status I am qualified for? Can you please give me guidance on that

As discussed above, Pre-Settled Status or Residence Certificate (now that you are an EEA Citizen yourself).

tazboys2 wrote: ↑

Fri Feb 15, 2019 2:12 pm

3. Can our little boy apply for British Passport as well?

Because the child is born abroad, the child can be registered as a British citizen when at least one parent is a British citizen AND both the child and the other parent have PR/ILR/settled status.

If the child was born in the UK, it is possible that the child would have automatically been a British citizen (if the EEA Citizen mother had already acquired PR before the birth of the child).

secret.simon wrote: ↑

Sat Feb 16, 2019 10:42 am

Presumably here you are referring to your EEA citizen wife. How long has she resided in the UK? Has she worked or otherwise exercised treaty rights for any five continuous years? Has she applied for and got a DCPR (Document Certifying Permanent Residence)?

She cannot apply for a British passport directly. She needs either a DCPR or Settled Status to apply for British citizenship, meet its (very different from EU law and much stricter) requirements and then, once naturalised, she can apply for a British passport.

She has been living in the UK since January 2013 and working since April 2013.

There must be a in the forums but how long it does take to get the DCPR?

secret.simon wrote: ↑

Sat Feb 16, 2019 10:42 am

As discussed above, Pre-Settled Status or Residence Certificate (now that you are an EEA Citizen yourself).

the other route for me is may be that as I have been living with my EEA national wife can apply for DCPR with her too?

tazboys2 wrote: ↑

Mon Feb 18, 2019 8:49 am

the other route for me is may be that as I have been living with my EEA national wife can apply for DCPR with her too?

You are not eligible for either PR or Settled Status if you have not completed five years in the UK as either the family member of an EEA citizen, an EEA citizen yourself or a family member of an EEA citizen who has retained right of residence.

You need to have five years of residence in the UK yourself in one of those three categories to apply for either a DCPR or Settled Status.

tazboys2 wrote: ↑

Mon Feb 18, 2019 8:49 am

She has been living in the UK since January 2013 and working since April 2013.

Provided she started working within 90 days of arrival in the UK, she will have acquired PR in January 2018. She should apply for a DCPR asap (with proof of having worked from April 2013 to January 2018 and of having resided in the UK for 90 days prior to April 2013), then she can apply for British citizenship as soon as she gets her DCPR.

If she waits for Settled Status, she will need to wait for one year from the day she got settled status before she can apply for British citizenship.

tazboys2 wrote: ↑

Mon Feb 18, 2019 8:49 am

There must be a in the forums but how long it does take to get the DCPR?

Presumably you were asking for a timeline thread for PR applications.