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Hello everyone.

I'm non EU and have Been in the UK since 2011 on different visas

- Married to German citizen in September 2017
- German citizen has settle status
- Non EU, me have pre-settle status expire in 2025
- Decree absolute arrived in April 2021
- Been married for more than 3 years and lived in the Uk all that time.

To apply for settle status i have to wait for September 2022, i thought.

However Homeoffice definitely rejected this information. As i have been married to EU for more than 3years, I'm qualified for the settle status by ROR and I'm about to apply.

For some reasons, i think they are wrong, i rang them 3 times and have also sent email, and i have received the same outcome.

what DO YOU GUYS THINK?

KAMOE is this true?

Thanks

vetchololass87 wrote: ↑

Wed Apr 28, 2021 1:11 pm

Hello everyone.

I'm non EU and have Been in the UK since 2011 on different visas

- Married to German citizen in September 2017
- German citizen has settle status
- Non EU, me have pre-settle status expire in 2025
- Decree absolute arrived in April 2021
- Been married for more than 3 years and lived in the Uk all that time.

To apply for settle status i have to wait for September 2022, i thought.

However Homeoffice definitely rejected this information. As i have been married to EU for more than 3years, I'm qualified for the settle status by ROR and I'm about to apply.

For some reasons, i think they are wrong, i rang them 3 times and have also sent email, and i have received the same outcome.

what DO YOU GUYS THINK?

KAMOE is this true?

Thanks

What home office told you? Please write to us, what exactly home-office said?

Hi Goodpartner.

Basically to condense it, when you are EU family member, you are qualified for the settle status at the 5th anniversary of your wedding (when married in the UK).

When it comes to Retained rights, the rule is different: The marriage needs to last for 3 years minimum and both have been living in the UK for 1 year during that time: As i have been in the UK for more than 5 years (in different visas) I'm qualified for the settle status.

According to the agents i have spoken to ,as long as the 2 requirements mentioned above are met, the continuous 5 years residence on different visas are accepted for ROR.

In my case i came in the UK in 2011, they said i have been here for more than 5 years and i meet the conditions(The marriage need to last for 3 years minimum and both living in the UK for 1 year during that time), therefore I'm qualified for the settle status.

Can other members give their thoughts please.

I believe that the lawyers/agents are incorrect.

Appendix EU of the UK Immigration Rules

Eligibility for indefinite leave to enter or remain

3(a) The applicant:
(i) is a relevant EEA citizen; or
(ii) is (or, as the case may be, for the relevant period was) a family member of a relevant EEA citizen; or
(iii) is (or, as the case may be, for the relevant period was) a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
(iv) is a person with a derivative right to reside; or
(v) is a person with a Zambrano right to reside; or
(vi) is a person who had a derivative or Zambrano right to reside; and
(b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and
(c) Since then no supervening event has occurred

You can count time when you were married to the EEA citizen and resident in the UK. But you can't count time in the UK on other non-EEA visas/leaves to remain.