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Does duration of marriage matter for NON EU Family Member applying 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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mr00717
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Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by mr00717 » Wed Nov 27, 2019 5:44 pm

I applied for settled status on 17 Oct 2019. I received a call today from EU Resolution Centre informing that i will receive pre-settled status when i was told i wold get settled status when i applied throught the app.
Few points about my situation:

1. I am NON EU citizen married to EU Citizen for just over 3 years
2. I have been living in the UK for just over 10 years

Apparently, the time counts from the day we got married to get settled status for EU members, which i find quite weird as the app didn't ask anything like that.
I told them i do not agree with pre-settled status decision as I quality for settled status. I requested a case worker to call me.
Can you please help me with few bullet points? I want to tell them why I think i quality for settled status?
Thank you
Last edited by mr00717 on Wed Nov 27, 2019 5:47 pm, edited 1 time in total.
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secret.simon
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Re: Does duration of marriage matter for EU Family Member applying for settled status?

Post by secret.simon » Wed Nov 27, 2019 5:47 pm

mr00717 wrote: ↑
Wed Nov 27, 2019 5:44 pm
the time counts from the day we got married to get settled status for EU members
Correct. Only time spent in the UK as an EU citizen, or a family member of an EU citizen counts. Time spent in the Uk in any other capacity does not count towards Settled Status.

The decision is correct.
Rule EU11(3) of Appendix EU of the UK Immigration Rules wrote:(a) The applicant:
(i) is a relevant EEA citizen; or
(ii) is (or, as the case may be, for the relevant period was) a family member of a relevant EEA citizen; or
(iii) is (or, as the case may be, for the relevant period was) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) is a person with a derivative right to reside; or
(v) is a person with a Zambrano right to reside; or
(vi) is a person who had a derivative or 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
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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mr00717
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by mr00717 » Wed Nov 27, 2019 5:56 pm

Thank you very much for your reply.
I don't get it if we were divorced, I would get settled status 'retaining rights', but i won't get settled status even though we have been married for more than 3 years?

If you were previously married or in a civil partnership
You can also apply if your marriage or civil partnership to an EU, EEA or Swiss citizen ended with a divorce, annulment or dissolution, and you lived in the UK when it ended.

One of the following must also apply:
the marriage or civil partnership lasted for at least 3 years and you’d both been living in the UK for at least one year during that time
you have custody of the EU, EEA or Swiss citizen’s child
you have been given right of access in the UK to the EU, EEA or Swiss citizen’s child - the child must be under 18
you have the right to live in the UK because you were the victim of domestic abuse in the marriage or civil partnership
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secret.simon
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by secret.simon » Wed Nov 27, 2019 6:00 pm

mr00717 wrote: ↑
Wed Nov 27, 2019 5:56 pm
I don't get it if we were divorced, I would get settled status 'retaining rights', but i won't get settled status even though we have been married for more than 3 years?
If you divorced your EU citizen spouse after at leats three years of marriage, you could apply to retain Pre-settled Status and then apply for Settled Status at the end of the five year period starting from your marriage to the EU citizen.

The paragraph that you have reproduced applies to an application for the retention of Pre-settled Status, not for Settled Status itself.

You may want to provide a link to the page that you reproduced the text from.
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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mr00717
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by mr00717 » Wed Nov 27, 2019 7:11 pm

Thank you. Here is the link:
https://www.gov.uk/settled-status-eu-ci ... ss-citizen
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CR001
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by CR001 » Wed Nov 27, 2019 7:16 pm

That link doesn't state anywhere that you qualify for settled status with only 3 years residence as spouse of EU citizen.

You need to provide more info.

Are you still married to an EU citizen (non British)??

What was your immigration status and history before marriage?

Note also that retained rights of residence is different to settled status, they are not the same thing.
Char (CR001 not Casa)
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Magus1984
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by Magus1984 » Thu Nov 28, 2019 9:21 am

mr00717 wrote: ↑
Wed Nov 27, 2019 5:44 pm
 I applied for settled status on 17 Oct 2019. I received a call today from EU Resolution Centre informing that i will receive pre-settled status when i was told i wold get settled status when i applied throught the app.
Few points about my situation:

1. I am NON EU citizen married to EU Citizen for just over 3 years
2. I have been living in the UK for just over 10 years

Apparently, the time counts from the day we got married to get settled status for EU members, which i find quite weird as the app didn't ask anything like that.
I told them i do not agree with pre-settled status decision as I quality for settled status. I requested a case worker to call me.
Can you please help me with few bullet points? I want to tell them why I think i quality for settled status?
Thank you
The app only confirms that you have been residing in the UK. If you were here with other visas it will show as qualifying for settled status as the system 'thinks' that you have been here all that time as a family member of an EU citizen.

I am afraid it feels 'unfair' but the time spent on other visas does not count towards the 5 years settled status. The clock starts ticking after you get married or in the case of unmarried partners after you get a family permit where the UK recognizes you as the family member of a EU citizen.

If you have been legally in the UK for over 10 years you could always apply to ILR/settled in the uk through the long residence route. https://www.gov.uk/long-residence
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mr00717
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by mr00717 » Thu Nov 28, 2019 12:00 pm

Thank you very much for your replies. Yes, I am still married to EU citizen.
We started seeing each other from April 2015 and living together from July 2015. Can i use this cohabitation (from July 2015, i have proof) as part of my time toward settled status later on if i get pre-settled status now? If i count cohabitation, it will be 5 years with my EU partner in July 2020.
FYI, we got married in July 2016.
Looking forward to hearing from you.
Thank you
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secret.simon
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by secret.simon » Thu Nov 28, 2019 12:06 pm

mr00717 wrote: ↑
Thu Nov 28, 2019 12:00 pm
Can i use this cohabitation (from July 2015, i have proof) as part of my time toward settled status later on if i get pre-settled status now?
No.

The clock for settled status (as well as for PR under the EEA regulations) starts either at marriage or when the unmarried partner is issued a Residence Card (or the earlier of the two if the unmarried couple subsequently married).

Time spent cohabiting without a Residence Card does not count.

You will be eligible to apply for Settled Status in July 2021.
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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Obie
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by Obie » Thu Nov 28, 2019 12:17 pm

The only circumstances in which you will be entitled for settle status is if your wife ceased activities within the meaning of Regulation 5. That clearly does not appear to arise in your case. As correctly advised, you will qualify in July 2021.

Had you applied for a residence card as an unmarried partner and granted in July 2015, then you would have qualified in July 2020.
Smooth seas do not make skilful sailors
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mr00717
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by mr00717 » Thu Nov 28, 2019 12:48 pm

That makes complete sense. Thank you.
Do we know if pre-settled status is still under imigration control or NON EU Family Member becomes completely independant once they are granted pre-settled status?

Also, if they get divorced after NON EU Family Member getting pre-settled status, does he need to apply again for pre-settled status? or he can apply for settled status when it becomes 5 years from the date of marrige (considering marriage lasted more than 3 years)?
Thank you
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Magus1984
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Re: Does duration of marriage matter for NON EU Family Member applying for settled status?

Post by Magus1984 » Mon Dec 02, 2019 2:22 pm

mr00717 wrote: ↑
Thu Nov 28, 2019 12:48 pm
 That makes complete sense. Thank you.
Do we know if pre-settled status is still under imigration control or NON EU Family Member becomes completely independant once they are granted pre-settled status?
You will still be dependent to your relationship with your EU family member.
mr00717 wrote: ↑
Thu Nov 28, 2019 12:48 pm
 Also, if they get divorced after NON EU Family Member getting pre-settled status, does he need to apply again for pre-settled status? or he can apply for settled status when it becomes 5 years from the date of marriage (considering marriage lasted more than 3 years)?
retained rights kick in after 3 years but probably it is 3 years of having a visa as a family member of a EU citizen. If you were married for 20 years but only came to the UK in 2019 and got a visa as family member of EU citizen then you would need to wait 3 years from then I would think...
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