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I have lived in the UK for more than five years, since 2013. From 2013 to 2017 I was on a Tier 4 visa and since 2017 I have been on a Tier 2 visa. My partner, who I have been with for close to two years, is an EU national and has just received settled status.

Am I eligible to apply for settled status as a family member, as I have lived here for more than 5 years, or does it only count if I was here as the family member of an EU national?

Thanks!

bzrc wrote: ↑

Tue Feb 19, 2019 8:03 pm

Am I eligible to apply for settled status as a family member, as I have lived here for more than 5 years, or does it only count if I was here as the family member of an EU national?

This question has been asked multiple times. It is the common understanding of the members of this forum that only time spent as an EEA family member counts towards the 5 years you need to qualify for Settled status; no time spent in other visa categories can count.

Also, please note that you do not "apply for Settled status", that's not how it works. You apply for the Settlement Scheme, and the system decides, based on your available NINO records, which of Pre-Settled or Settled status you will be considered for.

Now, before you submit your application it might tell you that you will be considered for Settled status if you have NINO records of more than 5 years in the UK. This does not mean this is the status you will be granted, though. You will likely be granted Pre-Settled status, once the caseworker has checked that you have spent less than 5 years as the family member of a EEA national.

Does it only count if I was here as the family member of an EU national?

This one, i.e. have a RC as an unmarried partner for 5 years (assuming you are not married). Note that you have no automatic rights under the EU regs as an unmarried partner.

bzrc wrote: ↑

Tue Feb 19, 2019 8:03 pm

since 2017 I have been on a Tier 2 visa.

Sorry, I just now noticed this. Is Tier 2 your current status in the UK? Does this mean you do not currently have a BRC as the unmarried partner of an EU citizen? If so, you are not eligible to apply for the Settlement Scheme.

Thank you for your responses, that clears things up.