EESS for non EU with Irish family

Married in France to Irish citizen in 2015.
Moved to UK.. March 2016


QP + FM application
19.03.2016: Application sent
22.03.2016: Application received
30.03.2016: Money taking :
Biometric done April 2016
BRC given September 2016.

Applied with my Irish wife and son for EESS
July 2020.

Wife and son got settled status while I got pre-settled

My question should I complained about this or wait till April this year to apply again for settled status and again when is it advisable for me to change my BRP to the EESS card.
Thank you.

sweetmoney wrote: ↑

Fri Jan 15, 2021 4:36 am

Wife and son got settled status while I got pre-settled

Did you all move to the UK at the same time, or had your wife or son lived in the UK before you did?

Thank you for the respond..
We all moved together in March 2016 but wife visited alone October 2015 to get NI done.

One factor to keep in mind is that Irish citizens (not their family members) are treated as "settled" on arrival in the UK under UK domestic law. So it is possible that your wife and son (presumably also an Irish citizen) were given Settled Status based on their nationality rather than their residence.
You will have to wait until you complete five years of residence in the UK and reapply in April 2021.

sweetmoney wrote: ↑

Fri Jan 15, 2021 10:53 am

Thank you for the respond..
We all moved together in March 2016 but wife visited alone October 2015 to get NI done.

What am I saying? Moving date probably doesn't matter since she's Irish....

I think... because she's Irish, she will get Settled Status in any circumstance, even if she just moved, never pre-Settled Status. Her son too.
Again, this is only my wild guess.

Since you are a third country national and have not yet completed the 5 years you got Pre-Settled Status. No basis for complaint there.

So if you were to apply when you complete your 5 years since moving to the UK, in March 2021, then you sill get Settled Status.

Then, once you get Settled Status, you can apply to convert your BRC to EUSS BRC.

secret.simon wrote: ↑

Fri Jan 15, 2021 11:19 am

One factor to keep in mind is that Irish citizens (not their family members) are treated as "settled" on arrival in the UK under UK domestic law. So it is possible that your wife and son (presumably also an Irish citizen) were given Settled Status based on their nationality rather than their residence.
You will have to wait until you complete five years of residence in the UK and reapply in April 2021.

Beat me to it!

Thanks gurus. I guess so too that the settled status is base on been Irish the residency wouldn't matter would just wait for my turn thanks again guys