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Pre-settled to settled transition and proof

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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MoMo13
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Pre-settled to settled transition and proof

Post by MoMo13 » Tue Jun 16, 2020 11:09 am

Hello,

I am non-EU currently in UK on Tier 4 and my boyfriend is EU, pre-settled. My tier 4 ends in October and we want to stay together, so we plan to marry.

Assume the pre-settled status goes ok, at what point do I receive the right to stay in the UK permanently, for myself?

I am scared to marry and build a life here then some problems happens with the relationship and I have to leave?

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Zerubbabel
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Re: Pre-settled to settled transition and proof

Post by Zerubbabel » Tue Jun 16, 2020 11:55 am

Hello

As non-EEA, it will take you 5 years from the pre-settled to the settled.

If you get the pre-settled as unmarried partner and your relation ends before the 5 years (even if it's after 4.5 years), you won't get the settled status and you will be expected to find an other route or to leave the.

If you are married, you get a retained right after 3 years. If the divorce proceedings start after 3 years, you are fine. If before, you are back to square one.

Now, it's much harder for you to get through the EU Settlement Scheme as an unmarried partner.

For how long have you been living together?

Obie
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Re: Pre-settled to settled transition and proof

Post by Obie » Tue Jun 16, 2020 11:59 am

You will first need to apply for a Residence card, as durable partners without a Residence card, are not entitled to apply for settled or presettled status.
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MoMo13
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Brazil

Re: Pre-settled to settled transition and proof

Post by MoMo13 » Tue Jun 16, 2020 12:51 pm

Zerubbabel wrote:
Tue Jun 16, 2020 11:55 am
Hello

As non-EEA, it will take you 5 years from the pre-settled to the settled.

If you get the pre-settled as unmarried partner and your relation ends before the 5 years (even if it's after 4.5 years), you won't get the settled status and you will be expected to find an other route or to leave the.

If you are married, you get a retained right after 3 years. If the divorce proceedings start after 3 years, you are fine. If before, you are back to square one.

Now, it's much harder for you to get through the EU Settlement Scheme as an unmarried partner.

For how long have you been living together?

Hi, we have lived together for a year. What I need to understand is what, at the end of the 3 or 5 years, I need to prove to be allowed to stay? That we lived together?

MoMo13
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Brazil

Re: Pre-settled to settled transition and proof

Post by MoMo13 » Tue Jun 16, 2020 12:52 pm

And we will marry next month.

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Zerubbabel
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Re: Pre-settled to settled transition and proof

Post by Zerubbabel » Tue Jun 16, 2020 2:15 pm

Congratulations :)

It's good that you are getting married. It will be provide you with stronger protections to your status in the UK.

After your marriage, you don't need to to wait until October. As soon as you have the marriage certificate (on the ceremony day) apply for EU Settlement Scheme. You will get pre-settled. Forget about your time under Tier 4 visa but you may keep studying with the EU Settlement Scheme. You just need to inform your university / school so they don't chase you about a Tier 4 later.

After 5 years, you apply again under the EU Settlement Scheme to get settled. You need to show again proof of cohabitation. If the relationship has broken by then, you still need to demonstrate that it lasted at least 3 years. You will then get a Settled status.

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