Will I get settled or pre-settled status?

Hello everyone,

I'm originally from Singapore and have been living in the UK on a combination of visa classes since 2017.

August 2012 - October 2014 : Tier 4
October 2014 - August 2017 : Tier 2
August 2017 - Present : EEA2

My husband (Swiss national) and I got married in August 2017 and I switched to a EEA2 visa immediately after as it provided more flexibility for me in terms of employment.

My husband has been living and working in the UK since January 2015 and we are planning on applying for the settlement scheme in January 2020, as he will then qualify for permanent settled status. We will apply together at this time and I'm unsure if I will get permanent settled status as well, or will I be considered pre-settled as I have not been on my EEA2 visa for 5 years?

I only ask this as we are planning to buy a house in the UK together in 2020/21, and I believe that me having permanent settled status will aid our mortgage application.

Thanks very much, I would appreciate any help.

lauralauralaura wrote: ↑

Fri Apr 12, 2019 1:54 pm

We will apply together at this time and I'm unsure if I will get permanent settled status as well, or will I be considered pre-settled as I have not been on my EEA2 visa for 5 years?

This exact question has been asked at least 5 times in recent months.

One would think by now the answer is straightforward, but it's not.
(Sighs)

Up until about a month ago, the official answer was that cases like yours (and mine, as we have a veeery similar timeline and combination of categories) would receive Pre-Settled status, as officially you need to have spent 5 years under the EEA category to be eligible for Settled status, no matter how many years you had spent in the UK before that.

BUT... a few members of this forums started identifying a pattern of people in this situation waiting for months for their statuses to come (I applied on January 21st and I'm still waiting), only to be told to wait further when contacting the HO to ask for an update. Some people have escalated their cases to their MPs, and as a result, I understand they have obtained Pre-Settled status.

Personally, I am in no rush to only get Pre-Settled status, so I'm happy to just leave it alone for now. RCs are still valid until 2020 so I'd rather wait for the HO to focus and find a way to untangle this. I do hope the delay here means there is room for them to determine cases like ours might merit Settled status. But legally speaking there is no basis to demand this. We just need to hope and wait.

I only ask this as we are planning to buy a house in the UK together in 2020/21, and I believe that me having permanent settled status will aid our mortgage application.

Different lenders have different rules, and whilst it is true that some lenders only accept EU nationals or people with ILR, Barclays accepted our joint application without a problem: My partner being French, me with 5-year residence card.

kamoe wrote: ↑

Fri Apr 12, 2019 2:25 pm

I do hope the delay here means there is room for them to determine cases like ours might merit Settled status. But legally speaking there is no basis to demand this.

Elegantly phrased.

The legal requirement for Settled Status is being in the UK as either an EEA citizen or as the family member of an EEA citizen (or a few other categories under Appendix EU) for five years.

These provisions (of five years residence under the same or similar categories) are similar for people with Leave to Remain under the UK Immigration Rules (the ones for non-EEA citizens) and identical to the ones under the EEA Regulations. The pathway to ILR/Settled Status is five years under the same category (or in some case, similar categories, such as the PBS categories).

If you have changed categories during your residence in the UK, there is a pathway that allows you to combine multiple categories, the Long Residence pathway. But that requires 10 years continuous legal residence in the UK, not five and costs £2,389 (+ £500 for a same-day service).

A simple principle to remember is that any time you change categories, the immigration clock resets to zero, though the time spent in the UK does count towards Long Residence.

I was half expecting to get Settled status.

I was (obviously) half-expecting to get Pre-Settled status.

What I was not expecting, is after three months, not to have gotten anything at all.

secret.simon wrote: ↑

Sat Apr 13, 2019 4:00 pm

A simple principle to remember is that any time you change categories, the immigration clock resets to zero, though the time spent in the UK does count towards Long Residence.

You would think that, and that was my standard answer to questions like the OP... until about a month ago.

The pattern confirmed again and again, is this:

• EU citizens with more than 5 years continuous residence in the UK get Settled Status within 48 hours.

• EU citizens with less than 5 years continuous residence in the UK get Pre-settled Status within 48 hours.

• Non-EU family members of EU nationals with 5 years continuous residence in the UK as the family members of EU nationals get settled status within 48 hours.

• Non-EU family members of EU nationals with less 5 years continuous residence in the UK get Pre-Settled status within 48 hours.

• Non-EU family members of EU nationals with less than 5 years residence in the UK as family members of EU nationals but more than 5 years in a combinations of other categories, are systematically left aside, and only after a succession of escalations with MPs get Pre-settled status after several months. Or are stil awaiting a decision.

If the principle if so simple, why is this happening?

secret.simon wrote: ↑

Sat Apr 13, 2019 4:00 pm

A simple principle to remember is that any time you change categories, the immigration clock resets to zero, though the time spent in the UK does count towards Long Residence.

Except that the EEA/EU clock runs in parallel. However, the OP's clock didn't start until she married.

kamoe wrote: ↑

Mon Apr 15, 2019 9:29 am

What I was not expecting, is after three months, not to have gotten anything at all.

• Non-EU family members of EU nationals with less than 5 years residence in the UK as family members of EU nationals but more than 5 years in a combinations of other categories, are systematically left aside, and only after a succession of escalations with MPs get Pre-settled status after several months. Or are stil awaiting a decision.

If the principle if so simple, why is this happening?

I strongly suspect the instructions to staff are too confusing.

" Non-EU family members of EU nationals with less than 5 years residence in the UK as family members of EU nationals but more than 5 years in a combinations of other categories, are systematically left aside, and only after a succession of escalations with MPs get Pre-settled status after several months. Or are stil awaiting a decision. "

I don't agree with this one. Plenty of people who are living in the UK for more then 5 years as an EEA family member still waiting for Settled status. One lady i know currently on her 7 years as an EEA family member. 2 RC issued. 1 expired but she didn't apply for PR because her husband wasn't working so she have 2nd RC
She is waiting for 6 weeks now

askmeplz82 wrote: ↑

Tue Apr 16, 2019 12:16 am

" Non-EU family members of EU nationals with less than 5 years residence in the UK as family members of EU nationals but more than 5 years in a combinations of other categories, are systematically left aside, and only after a succession of escalations with MPs get Pre-settled status after several months. Or are stil awaiting a decision. "

I don't agree with this one. Plenty of people who are living in the UK for more then 5 years as an EEA family member still waiting for Settled status. One lady i know currently on her 7 years as an EEA family member. 2 RC issued. 1 expired but she didn't apply for PR because her husband wasn't working so she have 2nd RC
She is waiting for 6 weeks now

What you don't agree with is not what you quoted above, but this one:

Non-EU family members of EU nationals with 5 years continuous residence in the UK as the family members of EU nationals get settled status within 48 hours.

What I said in the first paragraph above is that seems like all "combination" cases, e.g. more than 5 years in different categories but less than 5 years as EU family members, are left aside.

I did not say "combination" cases were the only cases left aside. If they are not the only cases, this still does not invalidate my theory that all "combination" cases are left aside.

I came in uk as student in 2012 than in 2015 got RC
as a family member of eu national
Applied for settled status 30th march gave biometrics on 9 april recieved COA 10th of april
Now waiting for decision
As home office mentioned straight forward cases are taking 9 working days on average so have to wait a bit
But if the grant me settled status it will answer the querry asked above i guess

I came to UK February 2013 on EEA family permit and was given EEA2 residence card. Applied for settled status on 30th. Was issued COA last monday and still waiting for the final decision.

Richard W wrote: ↑

Mon Apr 15, 2019 8:07 pm

secret.simon wrote: ↑

Sat Apr 13, 2019 4:00 pm

A simple principle to remember is that any time you change categories, the immigration clock resets to zero, though the time spent in the UK does count towards Long Residence.

Except that the EEA/EU clock runs in parallel. However, the OP's clock didn't start until she married.

I did not quite understand this post. Can you elaborate further?

kamoe wrote: ↑

Tue Apr 16, 2019 2:34 am

What I said in the first paragraph above is that seems like all "combination" cases, e.g. more than 5 years in different categories but less than 5 years as EU family members, are left aside.

To an extent, it makes sense. Remember that there are likely multiple checks (such as against HMRC, DWP and APIS databases) going on in the background. The cases of EU citizens or Non-EEA family members who have been solely in that category are logically easier to cross-reference and verify. Non-EEA citizens who have been here across categories likely need more checks (such as checking their entire non-EEA route immigration history, for instance) which would take more time.

Also, if there is particular pressure to get numbers through (reduce the number of outstanding cases), it stands to reason that staff would prioritise the easier, more straightforward cases.

Also, if there is particular pressure to get numbers through (reduce the number of outstanding cases), it stands to reason that staff would prioritise the easier, more straightforward cases

To me it appears to be the most obvious reason. I would add general incompetence.
If the Home Office were a private company it would prosecuted by the Government itself.

secret.simon wrote: ↑

Tue Apr 16, 2019 12:24 pm

Richard W wrote: ↑

Mon Apr 15, 2019 8:07 pm

secret.simon wrote: ↑

Sat Apr 13, 2019 4:00 pm

A simple principle to remember is that any time you change categories, the immigration clock resets to zero, though the time spent in the UK does count towards Long Residence.

Except that the EEA/EU clock runs in parallel. However, the OP's clock didn't start until she married.

I did not quite understand this post. Can you elaborate further?

The clock for ILR under the EU settlement scheme starts before the application. Already possessing leave to remain does not stop the clock from starting. This is as with the EEA Regulations. I believe there is one significant difference from the EEA Regulations, namely that being granted leave to remain under the EU scheme will terminate any other leave the applicant may hold.