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I am an EU national who obtained settled status.

My husband is a non-EU national who received his family member EU residence card for 5 years last year. We got married last year too and he has been living in the UK for 8 years. During this period he had a student visa for 2 years and then he was an overstayer with pending applications.

The system offered him pre-settled status and offered him to provide more evidence to prove he has been living here in the past 5 years.

Should we just accept the pre-settled status or is there legally any chance he can get settled?

Would the 5 years count form the day he got pre-settled status or the date he got his BRP card until he can get settled?

Also, if he gets pre-settled status and I apply for naturalization, would it have any negative impact on his status?

Thank you

If marriage 5years after he can apply settle dosent matter how long living UK more than 8years criteria marriage certificate 5years finish

Ayikaz1984 wrote: ↑

Sun Sep 22, 2019 4:45 pm

Should we just accept the pre-settled status or is there legally any chance he can get settled?

He is NOT entitled to Settled Status yet, as non-EU nationals need to complete 5 years of legal UK residence as the family member of an EU national, and according to your description, he has only spent 1 year or so with this status. None of his previous residence in the UK counts towards these 5 years as he was NOT the family member of an EU national during that period. This means he needs to wait 4 more years to qualify.

Would the 5 years count form the day he got pre-settled status or the date he got his BRP card until he can get settled?

The 5 years start from the day he started legal residence in the UK as the family member of an EU national. So, if you got married in the UK then the 5 years start on the wedding date. If you got married abroad, then re-entered the UK with EEA RC or FP, then the 5 years count from the date of first re-entry in the UK with EEA documentation.

Thank you so much for clarifying it!

If I become a UK citizen, would it affect his pre-settled status in any ways?

Ayikaz1984 wrote: ↑

Sun Sep 22, 2019 6:37 pm

Thank you so much for clarifying it!

If I become a UK citizen, would it affect his pre-settled status in any ways?

Hi there,
if you became UK citizen the main disadvantage was that you will cease to be foreigners, people living in a state ‘other than that of which they are a national’ and so will lose all the specific rights that EU law grants to migrants in a host state, most notably those concerning family members. Your partner would no longer be able to be treated as a family member of an EU citizen under EU law and would have to apply again under the more restrictive UK law.

HOWEVER, I understand there was a recent case where this was discussed and determined that a migrant Union Citizen who naturalizes cannot be compared to a native citizen (someone with dual citizen since birth) (see here: Lounes Case . However I would suggest you speak with an immigration solicitor. Also ask yourself if you have already settled status then why you want to naturalize as UK Citizen? Other than being able to vote on GE I don't think there is that many benefits and you risk jeopardizing your partner...

I agree with Kmoe he will only be able to apply for settled status until he completes 5 years as your family member, however since he has been in the UK for 8 years it might be quicker to apply for ILR through the 10 year route under UK law.

Magus1984 wrote: ↑

Tue Sep 24, 2019 12:56 pm

since he has been in the UK for 8 years it might be quicker to apply for ILR through the 10 year route under UK law.

Not really. From the OPs description seems like he had a student visa for 2 years, then overstayed. This means he likely does not have 10 years of continuous legal residence: he broke his legal residence the moment he overstayed, then regularized again the moment he got married (unless the OP can add some more info). The 10 years need to be continuous, so his 10 year clock started again on his wedding date (last year), which is of no use, since he will qualify for Settled status in 4 years time, while he will qualify for ILR in 9 years time.

Hi Everyone,

Could you advise me please?

1) If I apply for the citizenship and become a dual EU/British citizen, would it affect my non-EU husband’s pre-settled status?

2) I want to become self-employed from being employed to work for my husband’s company, would it affect my citizenship application?

3) If I become a dual citizen, will I be able to bring my elderly mother from the EU if she needs to be looked after in the future?

Thank you so much