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Technical question.when am I eligible for settled status?

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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New on forum
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Posts: 324
Joined: Fri Mar 31, 2017 4:13 pm
Pakistan

Technical question.when am I eligible for settled status?

Post by New on forum » Fri May 22, 2020 12:39 pm

Dear members,
Bit of history,
Non Eu citizen tier 4 entry clearance 2011.
Overstayed November 2015.
Married a dual( British/ Irish at birth) citizen April 2016.
Granted FLR FP 2.5 year in feb 2018 valid till august 2020.
14 jan 2020 wife received certificate of renounciation of British citizenship.
Applied pre settled status in jan 2020.
Granted pre settled status in may 2020.

Now the actual question is when am
I eligible for settled status ?
Is it 5 years from the date of marriage even if my wife was British citizen for first 3 years of marriage ?
Or 5 years from the date she became solely an Eu citizen ?

Any help is appreciated.

Thanks in advance.

secret.simon
Moderator
Posts: 11443
Joined: Thu Feb 21, 2013 9:29 pm

Re: Technical question.when am I eligible for settled status?

Post by secret.simon » Fri May 22, 2020 1:17 pm

Where was the wife born?

If she was born in Northern Ireland, there may some changes to the rules about spouses of people born in Northern Ireland.

If she was not born in Northern Ireland, but acquired Irish citizenship by descent, then the Settled Status clock will start from the date that she became a non-British EEA citizen (i.e. from the date of her renunciation of her British citizenship).

Keep in mind that as the applicant have overstayed, they can't apply for British citizenship until at least 10 years have passed since the end of the illegal residence (February 2028).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

New on forum
Member of Standing
Posts: 324
Joined: Fri Mar 31, 2017 4:13 pm
Pakistan

Re: Technical question.when am I eligible for settled status?

Post by New on forum » Fri May 22, 2020 1:40 pm

secret.simon wrote:
Fri May 22, 2020 1:17 pm
Where was the wife born?

If she was born in Northern Ireland, there may some changes to the rules about spouses of people born in Northern Ireland.

If she was not born in Northern Ireland, but acquired Irish citizenship by descent, then the Settled Status clock will start from the date that she became a non-British EEA citizen (i.e. from the date of her renunciation of her British citizenship).

Keep in mind that as the applicant have overstayed, they can't apply for British citizenship until at least 10 years have passed since the end of the illegal residence (February 2028).
Thanks for your reply secret Simon.
She was born in Northern Ireland and always resided in Northern Ireland.
I don't know if that matters but she never held British passport it obviously was still a British citizenship so she renounced it.
Thanks

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