Hello,
I am currently in the process of applying for settlement. I am from non EEA country but my wife is French. I have previously overstayed my UK visa for almost 15 years. I left volonrerily at the end of last year, but I came back recently having been granted entry clearance, EEA settlement family permit. My wife has been granted settled status.
As I said, I am now applying for my own status. I am aware that for settled status requirement is to be living in UK for five years, otherwise, one needs to apply for pre-settled status. Just a couple of questions:
1) Will time spent in UK illegally count towards this five years? During application process it says nothing about this. There is only mention that time spent in prison will not count. It simply asks the question whether I have been living in UK for five years, to which the answer is simply yes.
2) If I do apply for settled status and I get refused on the grounds that I haven't spent time legally here, will I be able to change the application to pre-settlement straight away, or I would have to re-apply, having to go through the whole process again, of booking biometrics appointment etc?
Many thanks for your help.
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