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Pre-Surinder residency for settled status

Posted: Tue Oct 08, 2019 10:35 pm
by kapai
My husband is BC. I lived in the UK for 5 years, but on Tier 4 visas. I have no ILR. I am non-EU.

I just returned to UK on Surinder Singh from France (stayed about 5 months, but have been going frequently with him for years for work).

Would I get EU settled status from the 5 years spent in UK *before* entering on Surinder Singh?

Re: Pre-Surinder residency for settled status

Posted: Wed Oct 09, 2019 7:46 am
by Zerubbabel
The EEA route gives you a permanent residence after 5 years of you holding an EEA residence card. The time spent on Tier 4 doesn't count towards this route.

Re: Pre-Surinder residency for settled status

Posted: Wed Oct 09, 2019 8:08 am
by CR001
Also, surinder Singh only kicks in when you and the British spouse rerun to the UK from another EU state where the British spouse exercised treaty rights and the family member was in the EU state with the spouse, ie living, not visiting.

Time prior to that is irrelevant as a British citizen cannot exercise treaty rights in the country they are a citizen of, if relevant.