Immigrationboards.com

Hi
My cousin is married with EU citizen (French) .He got married in 2012 .At that time he was some other visa and never applied for his visa on the basis of EU sponsor. In 2019 he applied for EU Residence card on the basis of his wife and got 5 years EU residence card from 2019 to 2024 .He never applied for pre settled status.Both are living together and both are working since marriage.

Questions

1- Will he be able to apply for settled status on the basis that he has been in UK for last 5 years although initial grant of EU residence card is from 2019 to 2024

2- will his date of marriage (2012) will be considered for his settled status and he will be given settled status ?

3- Will he need to apply settled status in 2024 only ?

just to check: what kind of permission does he have now? did he apply for EUSS?
https://www.gov.uk/uk-residence-card

You cannot use your UK residence card to confirm your right to live, work or rent in the UK.

To continue living in the UK, you need another type of permission to stay, such as settled or pre-settled status under the EU Settlement Scheme.

jafferdeen wrote: ↑

Mon Nov 14, 2022 9:38 pm

Hi
My cousin is married with EU citizen (French) .He got married in 2012 .At that time he was some other visa and never applied for his visa on the basis of EU sponsor. In 2019 he applied for EU Residence card on the basis of his wife and got 5 years EU residence card from 2019 to 2024 .He never applied for pre settled status.Both are living together and both are working since marriage.

Questions

1- Will he be able to apply for settled status on the basis that he has been in UK for last 5 years although initial grant of EU residence card is from 2019 to 2024

2- will his date of marriage (2012) will be considered for his settled status and he will be given settled status ?

3- Will he need to apply settled status in 2024 only ?

Why did he never applied for status? Was he not aware he had to?

Has his wife applied for status herself? Is she aware she has to?

They can apply now, but will be making a late application, and will need to include a reason for applying late. I'm not sure how forgiving the Home Office is on this, but just so you know some sort of reason needs to be given.

In theory their clock starts on the date when he meets both conditions below at the same time:

1. They are the family member of a EU national
2. They are resident in the UK

So if they were already a UK resident when they got married, clock starts on wedding date. Otherwise clock starts when they arrived in the UK as a married partner of EU national.

Date of issue of EU residence card has nothing to do with when their 5-year clock starts (unless we're talking about unmarried partners, which is not the case here).

So if they manage to justify the late application they could get Settled Status straight away.

All of the above, assuming they are both still living in the UK and have not interrupted their continuous residence period for more than 6 months. Otherwise, things are more complicated, if not impossible.

Thank you for replies.

He was not aware of Pre-settled or settled status application but i have read on Home Office website that the deadline do not apply to those who already has EU family residence permit and they can still apply for pre settled or settled status .

There is no absence. His partner already has Settled status .Both are working .No absence more than 6 months. So is it right that he is eligible for settled status ?

If at the time of application he has completed a continuous period of residence of more than 5 years that began before 31st December 2020, and was married to a EU national throughout those 5 years, and the EU national also resided in the UK continuously throughput those 5 years, then yes, he should be eligible for Settled Status straight away.

Along with proof of identity for him and his s wife, the key supporting document here will be their marriage certificate, which starts his clock.