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Is duration of marriage a requirement for settled status?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Is duration of marriage a requirement for settled status?

Post by ariskar » Mon Jan 21, 2019 4:21 pm

Is duration of marriage a requirement for non-EU spouse settled status?
  • A non-EU spouse has been resident in the UK for over 5 continous years.
(for instance 6 years on different visa categories, student, Tier, refugee, etc.)
  • The non-EU spouse has been married to a qualified EU national for less than 5 years (for instance 3 years)
  • The EU national partner has had continued (qualified) residence for over 5 years, or an existing PR or settled status already granted.
Would the non-EU spouse be getting settled status or pre-settled status?

I quote below the Gov.uk guidance on the settled status scheme. Thank you in advance!
"Gov UK"
Settled status
You’ll usually get settled status if you’ve:
  • started living in the UK by 31 December 2020
  • lived in the UK for a continuous 5-year period (‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:
  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length

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Re: Is duration of marriage a requirement for settled status?

Post by kamoe » Mon Jan 21, 2019 7:00 pm

ariskar wrote:
Mon Jan 21, 2019 4:21 pm
Would the non-EU spouse be getting settled status or pre-settled status?
In theory, pre-settled status.

That is, if the settled status roughly follows the same requirements than the Permanent Residence status. For the Permanent Residence status, a non-EU family-member had to have completed the 5 years under the EU Residence Card, other visa categories did not count, no matter how long they had lived in the UK for (You'll find plenty of posts asking that question regarding Permanent Residence).

Now, as you say:
"Gov UK"
Settled status
You’ll usually get settled status if you’ve:
  • started living in the UK by 31 December 2020
  • lived in the UK for a continuous 5-year period (‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:
  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length
The above text is aimed at EU citizens. I also thought about it, and found it very confusing because as a non-EU partner, I could interpret from the above that... yes, for the settled status, time spent on other visa categories would count... But I suspect this is just an oversight from whoever worded the text above, and in reality, they should have included an "If you are a non-EU family member" subsection under that, that clarifies what determines a settled and a pre-settled status for non-EU applicants.

I asked your exact same questions a few times last year, and no one has as of yet a pragmatic answer (as this is all very new). So the answer seems to be: Apply and see!
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.

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Re: Is duration of marriage a requirement for settled status?

Post by secret.simon » Mon Jan 21, 2019 10:12 pm

As I understand it, Appendix EU of the UK Immigration Rules, which provides for EEA citizens after Brexit, is effectively a standalone part of the Rules and excludes other categories of leave granted under the UK Immigration Rules.

If you see EU11(3), it states that the requirement for ILR under Appendix EU is "(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..."

Just like the current EEA Regulations, you can combine time spent in the UK under different rules of Appendix EU, but not of leave granted outside Appendix EU.

The gov.uk website gives a simplified overview of the required circumstance, but the simplified language is a loose guide, not the Rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Is duration of marriage a requirement for settled status?

Post by ariskar » Wed Jan 23, 2019 6:54 am

kamoe wrote:
Mon Jan 21, 2019 7:00 pm
ariskar wrote:
Mon Jan 21, 2019 4:21 pm
Would the non-EU spouse be getting settled status or pre-settled status?
In theory, pre-settled status.

....

I asked your exact same questions a few times last year, and no one has as of yet a pragmatic answer (as this is all very new). So the answer seems to be: Apply and see!
Thank you for sharing your opinion. The issue of a person on a different visa type, is that obtaining pre-settled status and switching from a UK Immigration rules visa category (Tier, refugee, etc.), could "reset" the clock on their settlement/ILR eligibility. Which raises three questions:

1. If either granted pre-settled status or not applying for it and retaining non EEA/EU route visa, can after 5 years of marriage (and not 5 years of EU rules residence) the non-EU spouse apply for settled status?

2. If one applies for settled status and obtains pre-settled status, would their other leave under UK Immigration rules cease to be valid? Because that person may be eligible for ILR under their existing route in say 1 year (while under settled scheme longer), would they be still able to apply for ILR under UK Immigration rules based on their prior visa route?

...if not...

3. If one applies for settled status and is told that they would obtain pre-settled status, can he withdraw the application and refuse the pre-settled status (i.e. retain pre-application UK Immigration rules visa)?
"Apply and see!"
Risking to render the immigration status of the non-EU spouse worse in lieu of clarification of the above.
secret.simon wrote:
Mon Jan 21, 2019 10:12 pm
As I understand it, Appendix EU of the UK Immigration Rules, which provides for EEA citizens after Brexit, is effectively a standalone part of the Rules and excludes other categories of leave granted under the UK Immigration Rules.

If you see EU11(3), it states that the requirement for ILR under Appendix EU is "(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..."

Just like the current EEA Regulations, you can combine time spent in the UK under different rules of Appendix EU, but not of leave granted outside Appendix EU.

The gov.uk website gives a simplified overview of the required circumstance, but the simplified language is a loose guide, not the Rules.
Therefore, based on your explanation, a non-EU spouse would need to hold "residence card of a family member of an EU citizen" or "pre-settled status" for total of at least 5 years to be eligible for settled status. If true, this would clarify all the above.
Just like the current EEA Regulations, you can combine time spent in the UK under different rules of Appendix EU, but not of leave granted outside Appendix EU.
...EU11(3), it states that the requirement for ILR under Appendix EU is "(a) The applicant is ... (ii) a family member of a relevant EU citizen
One can be "a family member of a relevant EU citizen" for over 5 years ( EU11(3) (ii) proof: marriage certificate) and resident in the UK for over 5 years without having ever obtained leave under Appendix EU.

Under prior EEA regulations, permanent residence was a bestowed (automatically obtained) status, that one would have to apply only to "certify" it. Therefore, derived rights entitlement for family members was assumed, regardless of whether they applied for residence as a family member (BRP).

This is contrary to the fact that a student or a refugee spouse living in the UK for a continuous 5 years with their family after marriage with their EU spouse would be eligible for EEA(PR), even if they haven't held any residence rights under EEA regulations before.

What I understand from your EU11(3) quoted text is that the only requirement is that 5 years lapse after the marriage date in case of spouses, but the below is not necessarily an obvious interpretation or condition, unless stated elsewhere.
Just like the current EEA Regulations, you can combine time spent in the UK under different rules of Appendix EU, but not of leave granted outside Appendix EU.
Thank you both for your thoughtful responses!

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Re: Is duration of marriage a requirement for settled status?

Post by kamoe » Wed Jan 23, 2019 11:10 am

ariskar wrote:
Wed Jan 23, 2019 6:54 am
The issue of a person on a different visa type, is that obtaining pre-settled status and switching from a UK Immigration rules visa category (Tier, refugee, etc.), could "reset" the clock on their settlement/ILR eligibility.
I don't think the Settled Status route is incompatible with having simultaneously a visa or residence permit in any other category, or that it resets any clock. But someone please correct me if I'm wrong,

In your particular case, the non-EU national is married to the EU national. That in itself grants them the EU family member status since the date of marriage, and nothing can override or reset clocks for that... provided the UK belongs in the EU.

After Brexit, these EU regulations that cover you as a married couple will cease to be valid. If the Non-EU spouse has not applied for anything else or have any other visa come the deadline (30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal), I think... they won't have the right to remain in the UK. That's why the Settled & Pre-Settled status are there for.
Which raises three questions:

1. If either granted pre-settled status or not applying for it and retaining non EEA/EU route visa
Be careful there. The EEA/EU residence card has an expiration date due to Brexit (30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal). As explained above, you cannot simply "retain the EEA/EU route" after Brexit indefinitely. It's Brexit!
can after 5 years of marriage (and not 5 years of EU rules residence) the non-EU spouse apply for settled status?
Again, I think you risk not being legal if you don't apply for anything else and simply wait to have completed 5 years married. Not applying for anything and relaying on one's marriage was possible when the UK belonged to the EU, but this will change after Brexit. Again, that's what the Pre-Settled status is there for.
2. If one applies for settled status and obtains pre-settled status
You do not "apply for settled status". You simply apply through the app, and it tells you, based on your NI history, to which of Settled or Pre-settled status your application will be considered for. You do not chose which one it will be.
would their other leave under UK Immigration rules cease to be valid?
As I said, I don't think that's the case.

Again, you need to be careful, as Brexit changes the validity of the EEA status, as explained above. Don't delay processing an application just because you are holding on to a status that is going to expire (30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal).
Because that person may be eligible for ILR under their existing route in say 1 year (while under settled scheme longer), would they be still able to apply for ILR under UK Immigration rules based on their prior visa route?
The only way to qualify for ILR combining different visa categories, as it appears to be your case, is to apply for the 10-year ILR route. Then it won't matter as time is not reset in this route. All time spent in any category counts, including Pre-Settled status.
3. If one applies for settled status and is told that they would obtain pre-settled status, can he withdraw the application and refuse the pre-settled status (i.e. retain pre-application UK Immigration rules visa)?
As explained above, you don't choose which of Settled or Pre-settled you apply for, BUT after you submit your NI details, the app does tell you which of the two your application will be considered for. If you are not happy with the assessment, you can then chose to stop the application and pursue it later.
"Apply and see!"
Risking to render the immigration status of the non-EU spouse worse in lieu of clarification of the above.
As explained above, not at all.
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.

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Re: Is duration of marriage a requirement for settled status?

Post by ariskar » Mon Jan 28, 2019 6:53 am

kamoe wrote:
Wed Jan 23, 2019 11:10 am
3. If one applies for settled status and is told that they would obtain pre-settled status, can he withdraw the application and refuse the pre-settled status (i.e. retain pre-application UK Immigration rules visa)?
As explained above, you don't choose which of Settled or Pre-settled you apply for, BUT after you submit your NI details, the app does tell you which of the two your application will be considered for. If you are not happy with the assessment, you can then chose to stop the application and pursue it later.
"Apply and see!"
Risking to render the immigration status of the non-EU spouse worse in lieu of clarification of the above.
As explained above, not at all.
Great, thanks. All I wanted to know is if the app shows pre-settled, that you can abort or challenge it and if it stays pre-settled still abort the application and status attainment.

In our case, the non-EU spouse holds leave under UK Immigration rules visa category which at expiry (April 2019) makes the person eligible for ILR. At the point that visa expires, the marriage is 4 years, but the continuous UK residence of the non-EU spouse is well over 5 years. The EU Settlement scheme is cheap, provides quick answers and you are not barred from international travel while the application is considered (3C leave). We were thinking of applying under settlement scheme instead of applying for ILR under UK Immigration Rules...

Obviously if the non-EU spouse goes for ILR, then he/she can "convert it" by applying for settled status regardless of residence and time passed since marriage.

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Re: Is duration of marriage a requirement for settled status?

Post by kamoe » Mon Jan 28, 2019 8:56 am

ariskar wrote:
Mon Jan 28, 2019 6:53 am
The EU Settlement scheme is cheap, provides quick answers and you are not barred from international travel while the application is considered (3C leave). We were thinking of applying under settlement scheme instead of applying for ILR under UK Immigration Rules...
Absolutely, go for it. Since the non-EU spouse does not have a EEU residence card but a permit issued under UK legislation, I think you need t wait for the end of March, but you will be eligible.
Obviously if the non-EU spouse goes for ILR, then he/she can "convert it" by applying for settled status regardless of residence and time passed since marriage.
Well, Settled Status is equivalent to ILR, it is issued under UK legislation (it is targeted for EU citizens and their families, but it is still UK law). You won't need to convert it if you go for ILR outside of the Settled Satus scheme.

What needs to be converted is Permanent Residence, which is under EU law, which won't be your case.
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.

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Re: Is duration of marriage a requirement for settled status?

Post by ariskar » Tue Jan 29, 2019 8:29 am

kamoe wrote:
Mon Jan 28, 2019 8:56 am

Well, Settled Status is equivalent to ILR, it is issued under UK legislation (it is targeted for EU citizens and their families, but it is still UK law). You won't need to convert it if you go for ILR outside of the Settled Satus scheme.

What needs to be converted is Permanent Residence, which is under EU law, which won't be your case.
First of all, thank you for your answers and constructive discussion.

There is no need for status swap, but there is obvious benefit:

Settled status is superior to ILR from a legal background perspective. It provides allowance of absence of up to 5 years prior to status loss, as compared to 2 years for ILR. Moreover, if applicable settled EU family member exists, converting ILR to settled status is free of charge and a "no-brainer", regardless of the status holder intent to subsequently naturalise as BC, or not. Even in the intent of naturalisation, in most cases the applicant would have to wait for 12 months after ILR/Settlement, hence is not immune to change in personal circumstances that may force them to spend some time out of the country within that time-frame...

Lastly, due to ties to EU legislation passed into UK law and possible ECJ oversight of the settled scheme and citizen rights over an extended period of time (subject to final deal, if any), settled status provides an extra layer of protection against deportation, or removal cases making it more difficult deprivation of status or subsequent citizenship to lead to a removal. SSHD would have to prove legal grounds for: deprivation of citizenship (BNA, if applicable), ILR (UK Immigration rules) but ALSO the more strict and protective provisions of EU Settled status (Appendix EU). Appendix EU is part of UK Immigration rules, but provides different rights protections as compared to other UK Immigration rules (in)definite leave to remain (ILR, Tier, FM, refugee, etc.).

I hope this makes sense.

Thanks!

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Re: Is duration of marriage a requirement for settled status?

Post by fatimahh » Tue Jan 29, 2019 1:30 pm

Dear All - thank you so much for those explanation.
If i understand clearly a family member who is now divorce with PR or ROR may apply for settlement status providing he has been married for 5 years . Is that correct?
Does such person also need to prove that the Eu citizen was exercising treaty right during the 5 years?
Also if the person is refused the Settlement status do that mean he will lose the right to remain in the UK?

I look forward to hearing from someone.
Regards
GOD BLESS!!!

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Re: Is duration of marriage a requirement for settled status?

Post by JHB011 » Tue Jan 29, 2019 2:16 pm

Hi All

Hoping I can get some clarity here.

I am currently on a Tier 2 visa, with 1 year left until I can apply for ILR. Obviously ILR is an expensive process and as I am married to an EU citizen, I was wondering if its possible to apply to the new settlement scheme as a spouse of an EU citizen once I have reached 5 years on my Tier 2 visa. This would be a lot cheaper and simpler!

Thanks!

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Re: Is duration of marriage a requirement for settled status?

Post by ariskar » Thu Jan 31, 2019 2:15 pm

JHB011 wrote:
Tue Jan 29, 2019 2:16 pm
Hi All

Hoping I can get some clarity here.

I am currently on a Tier 2 visa, with 1 year left until I can apply for ILR. Obviously ILR is an expensive process and as I am married to an EU citizen, I was wondering if its possible to apply to the new settlement scheme as a spouse of an EU citizen once I have reached 5 years on my Tier 2 visa. This would be a lot cheaper and simpler!

Thanks!
This is the case I asked about... the main sticking point is if 5 years of UK residence are required, or 5 years since marriage and 5 years of UK residence?

For instance, naturalisation (a different process, allright) as a spouse of BC, does remove the 1 year ILR status requirement. It doesn't matter if you married the day before the application or 20 years before...

If you would like a clear answer, it would be helpful if you provide the time being married. If that is over 5 years the answer is definitely yes in your case, if not, it is still ambiguous per the above...

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Re: Is duration of marriage a requirement for settled status?

Post by mats » Tue May 07, 2019 2:45 pm

Hello,

I would like to know if you have an update on this topic.
As I have a similar situation as JHB011.

I'm a EU citizen with a non-EU husband with Tier 2 visa.
We have been married for 12 years and we arrived in the UK in January 2015.

So, we don't know what to do, either he goes to the expensive ILR application or we do the settlement application (risking the clock will reset for him).
The HO give conflicting information.

Thanks for your help!

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Re: Is duration of marriage a requirement for settled status?

Post by jmedina » Tue May 07, 2019 3:36 pm

mats wrote:
Tue May 07, 2019 2:45 pm
Hello,

I would like to know if you have an update on this topic.
As I have a similar situation as JHB011.

I'm a EU citizen with a non-EU husband with Tier 2 visa.
We have been married for 12 years and we arrived in the UK in January 2015.

So, we don't know what to do, either he goes to the expensive ILR application or we do the settlement application (risking the clock will reset for him).
The HO give conflicting information.

Thanks for your help!
Hi!
He didn't apply for any EEA Residence Card all these years?
I would go for the pre-settlement. Your clock will definitely not reset. I am not sure about his, but being the ILR so expensive, and since pre-settle status have all the resident right... I would definitely go this way. His battle will be next year when applying for the settle status. I am not sure, but I think the tier 2 visa counts for residence. I didn't see anything on the settlement scheme guidance (for both user and caseworkers) stating that the residence time has to be under an EEA status.

Regards,
Joaquín

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Re: Is duration of marriage a requirement for settled status?

Post by askmeplz82 » Tue May 07, 2019 3:57 pm

Tier 2 after 2011 ? Law have changed . If it was before 2011 then he can apply for ILR after 5 years. If he came after 2011 then under limited circumstance he can apply for ILR otherwise he can only stay 6 years with TIER 2 VISA. he must then switch to different immigration route.

Here for example he can switch to EEA route. IF he apply now he will be eligible for PRE SETTLEMENT / RESIDENCE CARD under EU LAW as an EEA family member. and 5 years after living in the UK he can apply for PR
under EU law because you both married outside the UK his 5 years will start from date he arrived in the UK

He can easily switch to Pre settlement now he can apply for SETTLED STATUS in february 2020
but i would recommend to switch to pre settlement
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

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Re: Is duration of marriage a requirement for settled status?

Post by secret.simon » Tue May 07, 2019 4:17 pm

ariskar wrote:
Thu Jan 31, 2019 2:15 pm
JHB011 wrote:
Tue Jan 29, 2019 2:16 pm
I am currently on a Tier 2 visa, with 1 year left until I can apply for ILR. Obviously ILR is an expensive process and as I am married to an EU citizen, I was wondering if its possible to apply to the new settlement scheme as a spouse of an EU citizen once I have reached 5 years on my Tier 2 visa. This would be a lot cheaper and simpler!
This is the case I asked about... the main sticking point is if 5 years of UK residence are required, or 5 years since marriage and 5 years of UK residence?
There is no ambiguity.

To apply for Settled Status under Appendix EU, the applicant must have resided in the UK as the family member of an EEA citizen or as an EEA citizen (or a person retaining residence under the EEA Regulations) for five years.

It is an AND condition (i.e. both conditions must be met)
a) Five continuous years residence in the UK
b) All five years must be under a category of the EEA Regulations/Appendix EU
Immigraton Rule EU11 (3) wrote:(a) The applicant is:
(i) a relevant EEA citizen; or
(ii) a family member of a relevant EEA citizen; or
(iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) a person with a derivative right to reside; or
(v) a person with a Zambrano right to reside; 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
Time spent in the UK in any other capacity (such as under the PBS categories) does not count for applications under the Settled Status Scheme.

An applicant who has lived in the UK for more than five years, but who is currently the spouse of an EEA citizen (or now an EEA citizen) will be granted Pre-Settled Status.

It was pointed out in another thread that the Settled Status applications that seem to be taking the longest to examine are ones for applications who have lived in the UK for longer than five years, but less than five years as a category under Appendix EU.
jmedina wrote:
Tue May 07, 2019 3:36 pm
I didn't see anything on the settlement scheme guidance (for both user and caseworkers) stating that the residence time has to be under an EEA status.
See Pages 38-39 of the caseworker guidance.
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Re: Is duration of marriage a requirement for settled status?

Post by TerryGH » Tue May 07, 2019 4:41 pm

I'm in some kind of a similar position. Living in London for almost 5 years on a Tier-2 visa. All this time my EU wife lives with me, but she doesn't have continuous employment. Out of 5 years she was working for about 2 years, at other times she was "self sufficient", but without RD. She applied for and received a "self sufficient" RD just a couple of months ago. I was working since my arrival to the UK almost 5 years ago, and we both have proof of address and bank statements for this period. Do you think there is any chance for settled status? We both married outside of the UK before coming here.

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Re: Is duration of marriage a requirement for settled status?

Post by mats » Tue May 07, 2019 6:42 pm

askmeplz82 wrote:
Tue May 07, 2019 3:57 pm
Tier 2 after 2011 ? Law have changed . If it was before 2011 then he can apply for ILR after 5 years. If he came after 2011 then under limited circumstance he can apply for ILR otherwise he can only stay 6 years with TIER 2 VISA. he must then switch to different immigration route.

Here for example he can switch to EEA route. IF he apply now he will be eligible for PRE SETTLEMENT / RESIDENCE CARD under EU LAW as an EEA family member. and 5 years after living in the UK he can apply for PR
under EU law because you both married outside the UK his 5 years will start from date he arrived in the UK

He can easily switch to Pre settlement now he can apply for SETTLED STATUS in february 2020
but i would recommend to switch to pre settlement
We came because of his job.
Not because of me. I didn't work until the end of 2016. And we didn't change the visa because of the uncertainty of Brexit. We didn't want him to depend on me.

The important thing for us is the fastest way to get ILR.
He can apply for ILR after 5 years, he complies with all the requirements.

What we don't want is to reset his clock if he goes for the settlement scheme.
So, either we go the costly route of ILR or settlement scheme without resetting his clock.

That's the advice I'm looking for.
thanks.

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Re: Is duration of marriage a requirement for settled status?

Post by jmedina » Tue May 07, 2019 6:58 pm

secret.simon wrote:
Tue May 07, 2019 4:17 pm
See Pages 38-39 of the caseworker guidance.
You are right, it is crystal clear... other visa's residencies are not of any good then...

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Re: Is duration of marriage a requirement for settled status?

Post by jmedina » Tue May 07, 2019 7:03 pm

mats wrote:
Tue May 07, 2019 6:42 pm
We came because of his job.
Not because of me. I didn't work until the end of 2016. And we didn't change the visa because of the uncertainty of Brexit. We didn't want him to depend on me.

The important thing for us is the fastest way to get ILR.
He can apply for ILR after 5 years, he complies with all the requirements.

What we don't want is to reset his clock if he goes for the settlement scheme.
So, either we go the costly route of ILR or settlement scheme without resetting his clock.

That's the advice I'm looking for.
thanks.
If money is not an issue, go with the ILR in January next year...

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Re: Is duration of marriage a requirement for settled status?

Post by jmedina » Tue May 07, 2019 7:05 pm

TerryGH wrote:
Tue May 07, 2019 4:41 pm
I'm in some kind of a similar position. Living in London for almost 5 years on a Tier-2 visa. All this time my EU wife lives with me, but she doesn't have continuous employment. Out of 5 years she was working for about 2 years, at other times she was "self sufficient", but without RD. She applied for and received a "self sufficient" RD just a couple of months ago. I was working since my arrival to the UK almost 5 years ago, and we both have proof of address and bank statements for this period. Do you think there is any chance for settled status? We both married outside of the UK before coming here.
According to the guidance secret.simon just posted, you would get pre-settle status... you better go with ILR (very expensive though).

Richard W
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Re: Is duration of marriage a requirement for settled status?

Post by Richard W » Tue May 07, 2019 11:46 pm

TerryGH wrote:
Tue May 07, 2019 4:41 pm
Do you think there is any chance for settled status? We both married outside of the UK before coming here.
You will both qualify for settled status once you have lived here for 5 years.

Alex0226
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Re: Is duration of marriage a requirement for settled status?

Post by Alex0226 » Wed May 08, 2019 5:49 am

5 years from the date of marriage. Home office confirmed with me on phone

Ingaevone
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Re: Is duration of marriage a requirement for settled status?

Post by Ingaevone » Tue May 14, 2019 11:23 am

I’ve asked this question on another thread but some of the answers here seem to be different to what I was told on that thread. If I’ve been married to my EU spouse for 5 years in the UK but I live in the UK on an Ancestry Visa not an EU family permit/spouse visa can I apply for settled status or will I be given pre-settled status?

askmeplz82
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Re: Is duration of marriage a requirement for settled status?

Post by askmeplz82 » Tue May 14, 2019 12:01 pm

Continues 5 years residence as a family member of an Eu national
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UK Student Visa : 04/2004 - 09/2009
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kamoe
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Re: Is duration of marriage a requirement for settled status?

Post by kamoe » Tue May 14, 2019 12:53 pm

Ingaevone wrote:
Tue May 14, 2019 11:23 am
If I’ve been married to my EU spouse for 5 years in the UK
If you have been married to your EU spouse throughout those 5 years, then, unknowingly, for those 5 years you have been living in the UK as the family member of a EU citizen, regardless of what other types of visa you have had. Actually, as the spouse of a EU national, you did not need any other visa.
but I live in the UK on an Ancestry Visa not an EU family permit/spouse visa
As explained above, this does not matter
.
can I apply for settled status or will I be given pre-settled status?
You can apply, and should be granted, Settled Status.
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.

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