jafferdeen wrote: ↑
Mon Nov 14, 2022 9:38 pm
My cousin is married with EU citizen (French) .He got married in 2012 .At that time he was some other visa and never applied for his visa on the basis of EU sponsor. In 2019 he applied for EU Residence card on the basis of his wife and got 5 years EU residence card from 2019 to 2024 .He never applied for pre settled status.Both are living together and both are working since marriage.
1- Will he be able to apply for settled status on the basis that he has been in UK for last 5 years although initial grant of EU residence card is from 2019 to 2024
2- will his date of marriage (2012) will be considered for his settled status and he will be given settled status ?
3- Will he need to apply settled status in 2024 only ?
Why did he never applied for status? Was he not aware he had to?
Has his wife applied for status herself? Is she aware she has to?
They can apply now, but will be making a late application, and will need to include a reason for applying late. I'm not sure how forgiving the Home Office is on this, but just so you know some sort of reason needs to be given.
In theory their clock starts on the date when he meets both conditions below at the same time:
1. They are the family member of a EU national
2. They are resident in the UK
So if they were already a UK resident when they got married, clock starts on wedding date. Otherwise clock starts when they arrived in the UK as a married partner of EU national.
Date of issue of EU residence card has nothing to do with when their 5-year clock starts (unless we're talking about unmarried partners, which is not the case here).
So if they manage to justify the late application they could get Settled Status straight away.
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.