EUSS Apply Deadline

[bamby322]

Hi friends,

I am non citizen (Got Resident card) and living with my wife (EU citizen + she got settle status) in London.
We got married in Mar 2016 and i have got Resident card in Feb 2017 (expiring in Feb 2022) as i applied late!
I am just wondering when shall i apply for EUSS as i am worried about HO bring up tough rules to implement in the future and i want get benefit of EU settle scheme.

My questions are as below:

1: How many months in advance can i apply for EU settle status before expiry date?
i.e As i heard EU Settle status is open until June 2021, Can i apply in June 2021 before the scheme finish?

2: As we got married in Mar 2016, Can i count 5 years route from the dated we got married/marriage certificate or as per RC started dated?

Thanks for your advise!

[kamoe]

Your concerns are almost identical to those expressed by another member in this post, read it.

1: How many months in advance can i apply for EU settle status before expiry date?

You don't apply to Settled Status. You apply for The EUSS, and the system decides which one of Pre-Settled or Settled status you are granted. That being said, you can apply whenever you want, but if you apply before you have completed 5 years as a family member of a EU citizen in the UK, you'll only get Pre-Settled Status.

We got married in Mar 2016 and i have got Resident card in Feb 2017 (expiring in Feb 2022) as i applied late! (...) i.e As i heard EU Settle status is open until June 2021, Can i apply in June 2021 before the scheme finish?

Yes, you can wait to apply until June 2021, however, your current card will not be valid after December 2020 (The printed date on the card means nothing, do not count on it). See the notice regarding validity of EEA RC here:

If you already have a residence card it will not be valid after 31 December 2020.

You being married to a EU national exercising treaty rights means you can stay in the UK legally between January 1st 2021 and whenever you new Settlement card is issued, but you might find it difficult to travel or change houses or jobs without a physical valid card (as explained in the other post I linked above).

2: As we got married in Mar 2016, Can i count 5 years route from the dated we got married/marriage certificate or as per RC started dated?

From the date you became a legally married person (as recognized in the UK e.g. islamic marriage does not count) to a EU national AND you where in the UK. So, you count you five years:

-If you got legally married abroad, from the date you came back in the UK as married
-If you got legally married in the UK, from the date you got married
-If your marriage is only a religious one (e.g. islamic) then from the date you got issued your card

[bamby322]

Thank you very much for your advise.

We registered our marriage in the local council and we have got UK registered marriage certificate.
Sorry i forgot to mention that i have got Pre settle status as well last year in May.

*So, that means i can apply for Settle Status when my 5 years completed from the date i got married?

I was just worried that EU settle scheme will be finished in the UK so i will probably face new rules to follow instead an easy EU Settle scheme process to get permanent resdence in the UK.

Much appreciated your help!

[lisa193]

Your concerns are almost identical to those expressed by another member in this post, read it.

1: How many months in advance can i apply for EU settle status before expiry date?

You don't apply to Settled Status. You apply for The EU Settlement Scheme, and the system decides which one of Pre-Settled or Settled status you are granted. That being said, you can apply whenever you want, but if you apply before you have completed 5 years as a family member of a EU citizen in the UK, you'll only get Pre-Settled Status.

We got married in Mar 2016 and i have got Resident card in Feb 2017 (expiring in Feb 2022) as i applied late! (...) i.e As i heard EU Settle status is open until June 2021, Can i apply in June 2021 before the scheme finish?

Yes, you can wait to apply until June 2021, however, your current card will not be valid after December 2020 (The printed date on the card means nothing, do not count on it). See the notice regarding validity of EEA RC here:

If you already have a residence card it will not be valid after 31 December 2020.

You being married to a EU national exercising treaty rights means you can stay in the UK legally between January 1st 2021 and whenever you new Settlement card is issued, but you might find it difficult to travel or change houses or jobs without a physical valid card (as explained in the other post I linked above).

2: As we got married in Mar 2016, Can i count 5 years route from the dated we got married/marriage certificate or as per RC started dated?

From the date you became a legally married person (as recognized in the UK e.g. islamic marriage does not count) to a EU national AND you where in the UK. So, you count you five years:

-If you got legally married abroad, from the date you came back in the UK as married
-If you got legally married in the UK, from the date you got married
-If your marriage is only a religious one (e.g. islamic) then from the date you got issued your card

But wouldn't the time a non-EU has lived in the UK with the EU partner before the marriage count towards the 5 years required to get the settled status?
E.g. my now then partner and I moved to the UK Sept 2017 (I was on tier 4). We have documents to prove residence since October 2017. Got married November 2019 and I'm currently waiting to get pre-settled status. I've assumed that I could change it for settled starting from October 2022, am I wrong?

Thank you for your kind advice.

[kamoe]

We registered our marriage in the local council and we have got UK registered marriage certificate.
Sorry i forgot to mention that i have got Pre settle status as well last year in May.

*So, that means i can apply for Settle Status when my 5 years completed from the date i got married?

Correct. From what you explain, you will be eligible for Settled Status on Mar 2021.

I was just worried that EU settle scheme will be finished in the UK so i will probably face new rules to follow instead an easy EU Settle scheme process to get permanent resdence in the UK.

Sounds like you might be confused between the soon-to-be retired EEA rute and the EUSS?

The EEA route follows EU regulations and will cease to be available come 2021, at the end of the transition period, due to Brexit.

The Settlement scheme was developed by the UK government to replace the EEA route, and manage immigration status for EU nationals and their family members residing in the UK after Brexit. Why would it "be finished in the UK" and why would you "face new rules to follow" The EUSS does not exist anywhere else, and was designed specifically for Brexit.

[kamoe]

But wouldn't the time a non-EU has lived in the UK with the EU partner before the marriage count towards the 5 years required to get the settled status?

Not unless you had a EEA RC as the unmarried partner of your spouse prior to your marriage.

E.g. my now then partner and I moved to the UK Sept 2017 (I was on tier 4). We have documents to prove residence since October 2017. Got married November 2019 and I'm currently waiting to get pre-settled status. I've assumed that I could change it for settled starting from October 2022, am I wrong?

If you only held a Tuer 4 visa before your marriage, then no. Time spent before your marriage while not having a residence permit issued under the EEA route does not count towards Settled status since between your arrival in the Uk and your official marriage, no authority officially recognized you as their family member during that time. A card issued as an unmarried partner "stands in" for that authority and turns you into your EU sponsor's family member. No card, no family member.

In other words, you became your spouse family member on the date of your marriage, and will be eligible for Settled Status 5 years from November 2019, so November 2024.

[CR001]

@ lisa193, it would be useful if you could continue your questions in your own topic you already have instead of hijacking another members thread and posting duplicate posts in other general topics.

[bamby322]

Thanks for interruption as i tried to reply a message to Kamoe but could not find an option. @CR001

[bamby322]

We registered our marriage in the local council and we have got UK registered marriage certificate.
Sorry i forgot to mention that i have got Pre settle status as well last year in May.

*So, that means i can apply for Settle Status when my 5 years completed from the date i got married?

Correct. From what you explain, you will be eligible for Settled Status on Mar 2021.

I was just worried that EU settle scheme will be finished in the UK so i will probably face new rules to follow instead an easy EU Settle scheme process to get permanent resdence in the UK.

Sounds like you might be confused between the soon-to-be retired EEA rute and the EU Settlement Scheme?

The EEA route follows EU regulations and will cease to be available come 2021, at the end of the transition period, due to Brexit.

The Settlement scheme was developed by the UK government to replace the EEA route, and manage immigration status for EU nationals and their family members residing in the UK after Brexit. Why would it "be finished in the UK" and why would you "face new rules to follow" The EU Settlement Scheme does not exist anywhere else, and was designed specifically for Brexit.

Many thanks for your valuable advise.

I was worried if i apply for settle status after 5 years residence in the UK, will be rejected as HO may consider 5 years period from the dated mentioned on my BRC not marriage certificate dated.

I really like your second point which helps me a lot to understand the EUSS future in the UK, As per your advise EUSS will not be retired or removed from HO system in the future, I am quite convinced about it and i can wait further 1 year to complete 5 years residence (according to my BRC issue dated) to not get rejected.

Again many thanks!