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Pre-settled to settled status - exact time to apply?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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sinekkupa
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Pre-settled to settled status - exact time to apply?

Post by sinekkupa » Sun Feb 19, 2023 1:25 pm

Hello,

I (EU citizen) and my wife (Non-EU, but received EU citizenship last year) are currently residing in the UK on pre-settled status. My wife has been on the standard EEA-family permit ("family member of EEA national") residence since 2018.

We applied and received the pre-settled status in August 2019, which gives us the right to live until August 2024.
We moved to UK in April 2018. and therefore in two months time we will have lived for 5 years in the UK.

My question: when exactly am I allowed to apply to settled status?

I have done lots of research and found the statement "continuous residence of 5 years". But I can't seem to find when _exactly_ the residence officially starts?

Is it the day I first came to the UK? Is it when I opened a bank account and therefore proved my address and therefore my (then temporary) residence? Or would it be, for example, when we first moved to our rental place, i.e. "permanent" address?
Note that I am an EU citizen, so at the time (i.e. before Brexit), I didn't need to make any kind of residence applications.

And what about my wife (non-EU)? When we first did the move, she travelled with me on a tourist visa, and then she officially received her BRP four months after we moved, so in August 2018. Would that date be when her residence starts?

Many thanks

sinekkupa
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Posts: 2
Joined: Sun Feb 19, 2023 12:56 pm

Re: Pre-settled to settled status - exact time to apply?

Post by sinekkupa » Sun Feb 19, 2023 1:39 pm

A small correction, somehow the forum does not allow me to edit.

My wife did NOT initially move to the UK on a tourist visa. She had applied to a category EEA family member visa even BEFORE we moved to the UK.

RedCorner
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Turkey

Re: Pre-settled to settled status - exact time to apply?

Post by RedCorner » Mon Apr 03, 2023 1:00 pm

Hi,

When you can prove that the 5th year has expired, then you can apply.

kamoe
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Re: Pre-settled to settled status - exact time to apply?

Post by kamoe » Mon Apr 03, 2023 7:05 pm

sinekkupa wrote:
Sun Feb 19, 2023 1:25 pm
Is it the day I first came to the UK?
Yes. The day you first set foot on UK soil. Of course, you need to prove this, not sure if you still have your old boarding pass, as I imagine you didn't get a stamp on your passport on arrival to the UK? If you can't prove your fist day, whatever earliest day you have proof of being in the UK after that.
And what about my wife (non-EU)?
If you were married when she first set foot in the UK then, same as you. First day on UK soil. I think for her is easier since she would have an entry stamp? (Maybe this can prove you travelled together?)

How did did you apply for pre-settled status? What proof did you give of your first day of residency period? The same should work for establishing the start of period for Settled status.
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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