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My now husband (EU citizen) and I (non-EU citizen) have been together since July 2015. He moved into my flat in September 2018 and we got him added as a 'permitted occupier' in my rental agreement immediately. We have bank statements and utility bills addressed to him as well as a signed tenancy agreement addendum showing that he was a permitted occupier.

We got married in October 2019 and I applied for the EU settlement scheme shortly after for pre-settled status (I was on Tier 2 work visa before). Our marriage certificate also shows that we were cohabiting at the time.

My thinking until now was that we could only start counting from when we got married so I'd qualify for settled status in October 2024. However, since we have paper trail to prove that we were cohabiting beforehand, could we argue that he became a 'durable partner' in September 2018? Granted, it was only 1 year before our marriage whereas Home Office requires a durable partner to be cohabiting for 2 years, but the fact that we got married after and are still cohabiting (obviously) should prove that he was a durable partner in retrospect? This would mean that I could potentially apply for settled status in September 2023.

Dating or cohabiting isn't a family relationship until it’s been certified by a HO here in UK. You never had any EEA RC before you are given pre settled status after you got married. Time before that does not count towards the 5 years.

You only qualify for settled status when you complete 5 years of your marriage.

I believe they have somehow relaxed the rules of the applicant having to have a EEA RC, but I can't remember the specifics. In any case, this is of no help, since;

otrivine wrote: ↑

Sat Jul 16, 2022 12:43 pm

However, since we have paper trail to prove that we were cohabiting beforehand, could we argue that he became a 'durable partner' in September 2018?

No. You would become a durable partner two years after you start to live together, and even then you also have to meet joint financial requirements; sole cohabitation is not the only requirement.

Granted, it was only 1 year before our marriage whereas Home Office requires a durable partner to be cohabiting for 2 years, but the fact that we got married after and are still cohabiting (obviously) should prove that he was a durable partner in retrospect?

No, no restrospection at all.

This would mean that I could potentially apply for settled status in September 2023.

No, sorry.