EU settled status for (un)married partner eligibility

Hi,

I’ve done two phone calls this morning to the resolution centre and heard two completely different opinions from them.

I am an EU national (settled); my (currently) wife is non-EU (pre-settled).

Timeline:
May 2015 - relationship began (unmarried)
September 2015 - partner moves to the UK on a tier 4 student visa; I join shortly after
September 2016 - started living together (relevant for relationship proof standpoint)
November 2020 - partner gets a EU family residence card/permit (can’t remember if this is the exact name) as an unmarried partner of an EU national (gosh that was horrible to prove but we’ve done it! Thanks to this forum as well).
March 2021 - partner gets EU pre-settlement
August 2021 - we get married in the UK

Here came the two different opinions from EU settlement resolution.
Can or cannot my wife now apply for settled status? It’s been over 5 years UK residency for her technically. However do we need to proof our relationship history as unmarried partners again? And would that cause delay to the settled application eligibility till 2023 (as our proof starts from 2016 + 2 years for ‘durable partners’ + 5 years residency) ? Finally, do we put ‘unmarried’ or ‘married’ for me as a sponsor in the application?

And to further complicate (or not) things - I want to apply for UK citizenship very soon (matter of weeks). Once I have it, will there be any effect on my wife’s visa requirements?

apanskov wrote: ↑

Fri Aug 26, 2022 10:19 am

Timeline:
May 2015 - relationship began (unmarried)
September 2015 - partner moves to the UK on a tier 4 student visa; I join shortly after
September 2016 - started living together (relevant for relationship proof standpoint)
October 2020 - partner gets a EU family residence card/permit (can’t remember if this is the exact name) as an unmarried partner of an EU national (gosh that was horrible to prove but we’ve done it! Thanks to this forum as well).
November 2020 - partner gets EU pre-settlement
August 2021 - we get married in the UK

Edited timeline (errors)

Your winning ticket is the EEA residence cards as unmarried partner.

Yes, she can apply, and her clock for 5-years to count for Settled Status is the date of issue of the EEA card.

I think being married now makes everything easier, as I think you'll get less documents requested to prove your relationship.

Key documents to provide are marriage certificate and EEA Residence Card.

The EU resolution center have a history of having no clue about what they are taking about. Always take their answers with a pinch of salt.

If you become a UK citizen now that will delay her application for Settled Status in the future, since she'll have to apply via Lounes, which cannot be done online but on paper from.

kamoe wrote: ↑

Fri Aug 26, 2022 1:23 pm

Your winning ticket is the EEA residence cards as unmarried partner.

Yes, she can apply, and her clock for 5-years to count for Settled Status is the date of issue of the EEA card.

I think being married now makes everything easier, as I think you'll get less documents requested to prove your relationship.

Key documents to provide are marriage certificate and EEA Residence Card.

The EU resolution center have a history of having no clue about what they are taking about. Always take their answers with a pinch of salt.

The above means she's only eligible for Settled Status on 2025.

Sorry, I misunderstood your question. Answer is no. She's not yet eligible. She will be when she completes the 5 years. Time spent on other immigration categories does not count, for unmarried partners the clock starts on date of issue of EEA Residence Card, so 5 years from 2020.