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EU settlement question

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

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Syjem
Member
Posts: 171
Joined: Fri Jan 20, 2017 12:27 pm

EU settlement question

Post by Syjem » Tue Jan 26, 2021 8:10 pm

Hello,
My friend (non EU) is living in UK since 4 years based on Tier 2 visa and his EU suppose just moved to UK a year ago. Based on the Tier 2 visa, he can apply for permanent residence next year.
Now, He is thinking to apply to EU Settlement Scheme but he isn't sure if he will still be eligible to apply for the permanent residence next year based on (4 years tier 2+ 1 EU pre settlement status) or he should wait for another full 5 years to obtain the settled status based on the EU settlement scheme.
has anyone come across such case?

Appreciate your help
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kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: EU settlement question

Post by kamoe » Tue Jan 26, 2021 8:28 pm

Syjem wrote: ↑
Tue Jan 26, 2021 8:10 pm
 Now, He is thinking to apply to EU Settlement Scheme but he isn't sure if he will still be eligible to apply for the permanent residence next year based on (4 years tier 2+ 1 EU pre settlement status)
or he should wait for another full 5 years to obtain the settled status based on the EU settlement scheme.
No, this will not the possible.

To qualify for the 5-year ILR, he needs to spend the 5 years as Tier 2.
To qualify for Settled Status, he needs to spend the 5 years as the family member of a EU national. Since his wife only moved last year, the earliest he could apply would be her moving date + 5 years.

The only immigration route that would let him combine time spent under different categories (e.g., Tier 2 + EUSS) is the 10-year ILR, which is of course of no advantage.
has anyone come across such case?
This is one of the most common questions here. Just search the keyphrase "does not count" to see some examples.
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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Syjem
Member
Posts: 171
Joined: Fri Jan 20, 2017 12:27 pm

Re: EU settlement question

Post by Syjem » Tue Jan 26, 2021 8:33 pm

kamoe wrote: ↑
Tue Jan 26, 2021 8:28 pm
Syjem wrote: ↑
Tue Jan 26, 2021 8:10 pm
 Now, He is thinking to apply to EU Settlement Scheme but he isn't sure if he will still be eligible to apply for the permanent residence next year based on (4 years tier 2+ 1 EU pre settlement status)
or he should wait for another full 5 years to obtain the settled status based on the EU settlement scheme.
No, this will not the possible.

To qualify for the 5-year ILR, he needs to spend the 5 years as Tier 2.
To qualify for Settled Status, he needs to spend the 5 years as the family member of a EU national. Since his wife only moved last year, the earliest he could apply would be her moving date + 5 years.

The only immigration route that would let him combine time spent under different categories (e.g., Tier 2 + EUSS) is the 10-year ILR, which is of course of no advantage.
has anyone come across such case?
This is one of the most common questions here. Just search the keyphrase "does not count" to see some examples.
This is very useful. Thank you
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