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Non EEA spouse - EU family member / changes under new EU Settlement Scheme

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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londoner_9
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Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by londoner_9 » Tue Jan 29, 2019 2:52 pm

Good afternoon,

I would appreciate some clarification in the following matters:

1.
A non EEA spouse – current under EEA family permit - held several visas categories before such: Tier4, Tier 5, Tier 2.
It makes a total of about 7 years.

If she apply under the new EU Settlement Scheme, would those previous years count towards the new settle status or she will received a pre-settled status - Note she only has been on EU family permit for less than a year since 2018/3


2.
I am a EU citizen holding a permanent residence since 2017.
Able to apply for the naturalisation anytime as more than one year has already passed since I received the residence card.

My doubt is if I should apply for my naturalisation before applying under the new EU Settlement Scheme or later?
I understand getting my British citizenship before applying under the new EU scheme would not allow my non EU family member apply under the rights under the EU law.
She would have to follow the UK law rather than the European she is currently holding, losing the right under new EU settlement scheme


3.
Lastly, If I decide to change my permanent residence to the new EU Settlement scheme would I be able to apply for my naturalisation when receive my settled status? Should I wait again a year or anytime? Use another route?
As I mentioned above I am holding my permanent residence since 2017.


Looking forward to hearing from you guys!

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CR001
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Re: Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by CR001 » Tue Jan 29, 2019 4:23 pm

A non EEA spouse – current under EEA family permit
When and in which country did you get married??
Char (CR001 not Casa)
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londoner_9
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Re: Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by londoner_9 » Tue Jan 29, 2019 7:12 pm

Hi,


It took place in the UK, currently holding a resident card as EEU family member (26/03/2018 - 26/03/2023).

Immigration history may help:

Tier4 general student 13/05/2011 02/05/2012
Tier4 general student 30/06/2012 07/10/2012
Tier4 general student 04/01/2013 30/01/2014
Tier5 (Youth Mob) migrant 24/03/2014 24/03/2016
Tier2 general migrant 12/05/2018 11/06/2016
Tier2 general leave to enter 22/08/2016 19/05/2021
EU family member (Current) 26/03/2018 26/03/2023


Thanks for your help and time!

londoner_9
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Re: Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by londoner_9 » Tue Jan 29, 2019 7:14 pm

Sorry I missed this date: ceremony took place on 19.10.2017

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CR001
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Re: Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by CR001 » Tue Jan 29, 2019 7:15 pm

What date did you get married?? That is the start of your residency under the eea rules. Previous visas won't count.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

londoner_9
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Re: Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by londoner_9 » Wed Jan 30, 2019 9:03 pm

CR001 wrote:
Tue Jan 29, 2019 7:15 pm
What date did you get married?? That is the start of your residency under the eea rules. Previous visas won't count.
Hi,


We got married on on 19.10.2017.


Cheers!

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CR001
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Re: Non EEA spouse - EU family member / changes under new EU Settlement Scheme

Post by CR001 » Wed Jan 30, 2019 9:22 pm

londoner_9 wrote:
Wed Jan 30, 2019 9:03 pm
CR001 wrote:
Tue Jan 29, 2019 7:15 pm
What date did you get married?? That is the start of your residency under the eea rules. Previous visas won't count.
Hi,


We got married on on 19.10.2017.


Cheers!
Your 5 years residence under the EEA rules starts from this date only.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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