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He is NOT entitled to Settled Status yet, as non-EU nationals need to complete 5 years of legal UK residence as the family member of an EU national, and according to your description, he has only spent 1 year or so with this status. None of his previous residence in the UK counts towards these 5 years as he was NOT the family member of an EU national during that period. This means he needs to wait 4 more years to qualify.Ayikaz1984 wrote: ↑Sun Sep 22, 2019 3:45 pmShould we just accept the pre-settled status or is there legally any chance he can get settled?
The 5 years start from the day he started legal residence in the UK as the family member of an EU national. So, if you got married in the UK then the 5 years start on the wedding date. If you got married abroad, then re-entered the UK with EEA RC or FP, then the 5 years count from the date of first re-entry in the UK with EEA documentation.Would the 5 years count form the day he got pre-settled status or the date he got his BRP card until he can get settled?
Hi there,Ayikaz1984 wrote: ↑Sun Sep 22, 2019 5:37 pmThank you so much for clarifying it!
If I become a UK citizen, would it affect his pre-settled status in any ways?
Not really. From the OPs description seems like he had a student visa for 2 years, then overstayed. This means he likely does not have 10 years of continuous legal residence: he broke his legal residence the moment he overstayed, then regularized again the moment he got married (unless the OP can add some more info). The 10 years need to be continuous, so his 10 year clock started again on his wedding date (last year), which is of no use, since he will qualify for Settled status in 4 years time, while he will qualify for ILR in 9 years time.