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EUSS Joining family member - when can I apply for settled?

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

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amsj11991
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Posts: 7
Joined: Mon Jun 24, 2019 4:07 pm
Dominican Republic

EUSS Joining family member - when can I apply for settled?

Post by amsj11991 » Fri Sep 23, 2022 9:47 am

Hi! I have just been granted pre-settled status as a non-EU family member (durable partner) of a EU citizen. We have been living together from July 2018 (with relevant proof), while I was in different visa categories (Student/Skilled worker visa). In the letter received with the decision, it stated that:

"Although you are the family member of a relevant EEA citizen and you were in UK between July 2015 and July 2022, you have not been a family member of a relevant EEA citizen for a continuous qualifying period of five years because your continuous qualifying period begins from the date of this letter, as you have now been issued with a valid EU Settlement Scheme biometric residence card

It is noted you have provided evidence that you were in a relationship with the relevant EEA citizen prior to the issue of your valid EU Settlement Scheme biometric residence card, however, as a durable partner your relationship is not recognised under the EEA Regulations and subsequently under the EU Appendix, until the date you were issued a relevant document"

This means that I can only apply for settled in 2027..but we have been in a relationship for over 4-years, do I really need to wait for 5 years starting today? Or is there evidence that I could apply when the 5-year period of being together is met?

My timeline:
Biometrics: 1st September
COA: 1st September
Request for additional proof of relationship: 12 september
Decision: 23 september

I submitted tenancy agreements, council tax letters, bank statement, bills with both of our names. When they requested more, I added some individual correspondence with the address and names on it, bank statements with the rent payments highlighted and payslips with name/address.
Thank you!

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