Is there a chance that I can get settled status instead of pre-settled status?

Hi I have a question regarding my situation. Here is my timeline:

- Tier 4 student visa (06/2013 - 01/2015)
- Tier 4 student visa (01/2015 - 02/2016)
- 1st EEA family permit (02/2016 - 08/2016)
- 2nd EEA family permit (09/2016 - 03/2017)
- Apply for UK RC (03/2017 - 09/2017)
- UK RC (09/2017 - 09/2022)
- Apply for Settled Status (19/02/2019)

I am an unmarried partner of a French citizen. I have been living in the UK since Jun 2013 and was with my partner from Nov 2013. I have been living in the UK for almost 6 years and our relationship is longer than 5 years as well.

I believe I should be eligible for Settled Status. However after submitting my application when I contacted HO to provide more evidence proving that I've been living in the UK for more than 5 years I was told that I am only eligible for pre-settled status. Since they only consider the time period from 02/2016 (as I was granted the first EEA family permit).

Is it reasonable to only give me pre-settled status in my case? Does anybody have similar situation while get Settled Status? The reason why I want settled status is that our relationship is not going well recently. I am worried there might be changes in the future. Any advice would be much appreciated. Thanks!!!

Dihanhan21 wrote: ↑

Tue Feb 26, 2019 6:00 pm

Is it reasonable to only give me pre-settled status in my case?

This question has been asked multiple times. It is the common understanding of the members of this forum that only time spent as an EEA family member counts towards the 5 years you need to qualify for Settled status; no time spent in other visa categories can count. In your case, the 5 year start on the date of issue of your first Family Permit, and in that sense, you are not qualified yet for Settled status. See why here:
eea-route-applications/settled-status-w ... 74547.html

If you have some time on your hands, read through these topics, which illustrates the case of a few of us waiting for a decision and also resigned to the idea of receiving only Pre Settled Status:

eea-route-applications/non-eu-applicati ... 74319.html

eea-route-applications/settled-status-p ... 72782.html

kamoe wrote: ↑

Tue Feb 26, 2019 9:55 pm

Dihanhan21 wrote: ↑

Tue Feb 26, 2019 6:00 pm

Is it reasonable to only give me pre-settled status in my case?

This question has been asked multiple times. It is the common understanding of the members of this forum that only time spent as an EEA family member counts towards the 5 years you need to qualify for Settled status; no time spent in other visa categories can count. In your case, the 5 year start on the date of issue of your first Family Permit, and in that sense, you are not qualified yet for Settled status. See why here:
eea-route-applications/settled-status-w ... 74547.html

If you have some time on your hands, read through these topics, which illustrates the case of a few of us waiting for a decision and also resigned to the idea of receiving only Pre Settled Status:

eea-route-applications/non-eu-applicati ... 74319.html

eea-route-applications/settled-status-p ... 72782.html

Would it not go from when your eea sponsor reaches 5 years rather than date fate of issue on your rc? As its an optional document not everyone applies right away even they were living as an eu family member with automatic rights (direct descendent for example). So if your parent has settled status and your NI shows you have both been living in the UK for 5 years? The relationship did really start anywhere as always been related. Just as an example.

Janey142 wrote: ↑

Wed Mar 13, 2019 7:13 pm

Would it not go from when your eea sponsor reaches 5 years rather than date fate of issue on your rc?

Your EEA sponsor reaching 5 years is completely irrelevant to your timing. What counts is the date from which you are considered their family member AND you have been in the UK. It might be that

A) you arrived in the UK before your sponsor, and before even meeting them.
B) Or it might be that you were married for years but joined them in the UK well after they arrived.
C) Or maybe you arrived in the UK at the same time while already being a married couple.

In each case above, the clock starts ticking at a different point on time, your EEA sponsor timing having nothing to do with it. In the third case it just so happens that the clocks of both the EEA sponsor and their family member are the same, but what counts is your arriving in the UK as a family member of a EEA sponsor; not his arriving.

As its an optional document

It is not an optional socument for extended family members.

not everyone applies right away even they were living as an eu family member with automatic rights (direct descendent for example).

So if your parent has settled status and your NI shows you have both been living in the UK for 5 years?

The relationship did really start anywhere as always been related. Just as an example.

Keep in mind each case is different and my original answer refers specifically to the OP's situation in which they have NOT spent the required 5 years as a family member of a EEA citizen.

It's Start from marriage date if you both are married in the UK

Family permit date if you arrived in the UK within 90 days of issued date
if you came after 90 days then UK arrival date

@askmeplz82

askmeplz82 wrote: ↑

Tue Apr 16, 2019 12:04 am

Family permit date if you arrived in the UK within 90 days of issued date

This is interesting. May I ask you where it is stated?

it says in here.. That's how they calculate 10 years residency for ILR. Somebody asked Home Office in FOI WEBSITE they replied with 90 days. Can't find it. Those people working in FOI keep deleting some questions and answer if they are immigration related

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

https://www.gov.uk/long-residence/eligi ... x-kDuhxgSQ

Thanks, and sorry for bothering you.
Nobody ever mentioned this before and I got curious.

askmeplz82 wrote: ↑

Tue Apr 16, 2019 1:21 am

Your 10-year qualifying period starts from either:

when you arrived in the UK with a visa
when you were given permission to stay in the UK

https://www.gov.uk/long-residence/eligi ... x-kDuhxgSQ

Except, RC and FP issued under the EEA route are not visas, but confirmation of rights; and are not issued under UK Immigration rules. I don't think we can assume the same principle applies to them, especially since PR is a concept that applies to the residence in the UK as an EU national (and by extension to their family members), and thus is something intrinsically linked to one's period of physical residence/presence in the UK.

kamoe wrote: ↑

Tue Apr 16, 2019 2:32 am

Except, RC and FP issued under the EEA route are not visas, but confirmation of rights; and are not issued under UK Immigration rules.

Except that RC and FP for extended family members confer rather than confirm rights, and are thus like visas.