Immigrationboards.com

Good morning all

I have a simple query with regards to when a person becomes eligible for Settled status (rather than pre-settled status) under EU settlement scheme.

I am non-EU citizen living in the UK since 2008, married my EU spouse in Jan 2016. We have been partners and lived together in the UK since 2013. I applied for settled status under EU settlement scheme 2 months ago, and they have said that I will be granted pre-settled status only since my marriage with my EU partner only happened in Jan 2016, less than 5 years ago.

In 2016 after my marriage, I had changed my visa category to an EEA residence card (prior to that I was on a Tier 1 General visa). I have been in a relationship with my wife for last 7 years and already sent proof that we lived together in the UK since 2013.

My question is: Isn't this proof enough of my relationship with my EU spouse to grant me settled status under the eu settlement scheme?

Thanks

I have been in a relationship with my wife for last 7 years

This means you were EFM. As an EFM, you need to hold an EEA card to justify your status.

You switched to EEA FM in 2016 after you got married. So you may apply for settled status in 2021.

Simply put, the time you have lived together is irrelevant.

Your spouse can apply for Settled Status on the fifth anniversary of their marriage to you OR the grant of an EFM Residence Card, whichever comes first.

If your spouse never had an EFM Residence Card as the durable partner of an EEA citizen, then their clock started at your marriage.

So she can only apply for Settled Status on or after the fifth anniversary of your marriage.