Switching from Pre-Setteled to Settled when wasn't on pre-settled for 5 years

Hi all,

I arrived to live in the UK early March 2018 on a Tier 2 skilled worker visa.
I did not have an EU citizenship at the time.

I then received a Portuguese nationality on December 2018 and then I applied and received pre-settled status on May 2019.

Since 5 years have passed since I moved to live and work in the UK I applied to switch to a Settled status.

However, home office emailed me back and asked to provide them:
"Evidence that you have held Portugal nationality for the continuous qualifying period that you are relying on.
This could be in the form of a previously-issued Portugal passport or national identity card,
or documentation given to you when you obtained this nationality if you have not held Portugal nationality from birth."

Since I only received my Portuguese nationality at the end of 2018 I cannot supply the evidence they are asking for.
I uploaded a cover letter explaining the above with my Tier 2 documents and full 5 years evidence of residency.

However, they insist on getting this evidence that I've held Portugal nationality for the continuous qualifying period.
I tried calling them multiple times but they are only adding notes to the application and I keep getting the same request for evidence after.

To my understanding there is no requirement on gov.uk that suggests that Tier 2 visa cannot be counted towards the 5 years residency.

Am I wrong here? can someone suggest any way forward with this?

Many Thanks,
Ben

Ben871871 wrote: ↑

Tue Apr 04, 2023 10:23 am

To my understanding there is no requirement on gov.uk that suggests that Tier 2 visa cannot be counted towards the 5 years residency.

As you were not an EU citizen at the time, it doesn't count for EUSS - it has to be 5 years as a EU citizen (in your case). For links and references see post2108198.html#p2108198

So if I had stayed on a Tier 2 Visa I could have now applied for ILR?
But because I changed status to pre-settled I need to wait another year??

Ben871871 wrote: ↑

Tue Apr 04, 2023 11:24 am

So if I had stayed on a Tier 2 Visa I could have now applied for ILR?
But because I changed status to pre-settled I need to wait another year??

Basically, yes. Settled status has its advantages (the process is free and it'll lapse if you're out for 5 years, not 2), but the trade off in your case is another year.

How you acquired Portuguese citizenship may be very pertinent. Also see this thread for a similar discussion.

Ben871871 wrote: ↑

Tue Apr 04, 2023 11:24 am

So if I had stayed on a Tier 2 Visa I could have now applied for ILR?

Yes, but on a much, much more expensive route.

But because I changed status to pre-settled I need to wait another year??

You just need to wait until December 2023, which is 5 years after you acquired your Portuguese nationality (if it is the case that you can only be considered a Portuguese national after December 2018. See @secret.simon's note above). But in any case, you don't have to wait for 5 years after the issuing of your pre-settlement status, your continuous qualifying period starts the second you meet both conditions of 1) being a EU national AND 2) being a UK resident, so your clock starts in December 2018, not in May 2019.

That's only 8 months from now. I know, it's some time, but not that much.