ILR or Settle Status for Brazilian/Italian after 5 years of spouse visa.

omoizer · Post by **omoizer** » Mon Mar 27, 2023 11:20 am

Hi there,
I'm a Brazilian citizen that has been in the UK under different types of visa for the last 10 years, I'm reaching the 5 year mark on my current spouse visa (married to a British citizen).
However, I have become a Italian citizen in October 2022, so should I apply for a ILR under my Brazilian passport or Settled Status as an EU citizen?

i know the Brexit deadline is long gone but there are ways of making a late application with a valid excuse, which mine would be I didn't become an EU citizen until after the deadline.

Complex situation but I was hoping to apply via the EU scheme as that would be a lot cheaper than ILR.

Is this possible or I will have to go the ILR route?

Thank you very much for the help,
Cesar

links · Post by **meself2** » Mon Mar 27, 2023 11:29 am

omoizer wrote: ↑
Mon Mar 27, 2023 11:20 am
I have become a Italian citizen in October 2022, so should I apply for a ILR under my Brazilian passport or Settled Status as an EU citizen?

I wouldn't expect you to be able to apply - you weren't a EU citizen or family member of a EU citizen by the deadline (December 2020), unfortunately.
See post2096191.html#p2096191 as an example for partner of a person who got their EU nationality after a deadline:

To be a relevant EEA citizen, the citizen must have held EEA nationality prior to the
specified date (31 December 2020).
You have provided a passport / national identity card as proof of the EEA citizen’s
identity and nationality, but you have not demonstrated that your sponsor held EEA
nationality prior to the specified date (31 December 2020). The evidence available to us
suggests that your sponsor gained their EEA nationality after the specified date. Your
sponsor has indicated on their application that they were solely an Algeria nationality until 2021 when they gained Portugal nationality. You have also supplied a letter stating that
the sponsor gained EEA nationality 25 October 2021.
Therefore, you do not meet the requirements for settled status as a family member of a
relevant EEA citizen.

omoizer · Post by **omoizer** » Mon Mar 27, 2023 11:48 am

thank you for posting this, although our cases are very different I can already get an idea that it might be difficult and I might have to go the ILR route

Thanks again

meself2 wrote: ↑
Mon Mar 27, 2023 11:29 am

omoizer wrote: ↑
Mon Mar 27, 2023 11:20 am
I have become a Italian citizen in October 2022, so should I apply for a ILR under my Brazilian passport or Settled Status as an EU citizen?
I wouldn't expect you to be able to apply - you weren't a EU citizen or family member of a EU citizen by the deadline (December 2020), unfortunately.
See post2096191.html#p2096191 as an example for partner of a person who got their EU nationality after a deadline:
To be a relevant EEA citizen, the citizen must have held EEA nationality prior to the
specified date (31 December 2020).
You have provided a passport / national identity card as proof of the EEA citizen’s
identity and nationality, but you have not demonstrated that your sponsor held EEA
nationality prior to the specified date (31 December 2020). The evidence available to us
suggests that your sponsor gained their EEA nationality after the specified date. Your
sponsor has indicated on their application that they were solely an Algeria nationality until 2021 when they gained Portugal nationality. You have also supplied a letter stating that
the sponsor gained EEA nationality 25 October 2021.
Therefore, you do not meet the requirements for settled status as a family member of a
relevant EEA citizen.

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ILR or Settle Status for Brazilian/Italian after 5 years of spouse visa.

ILR or Settle Status for Brazilian/Italian after 5 years of spouse visa.

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