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Hi All,

I am non eea spouse of eea national, we have been living together since june 2018 but got married in June 2020. I have been granted pre settled status in feb 2022. My question is do i become eligible for settled status in june 2023 (5 years living together), June 2025 (five years in to marriage) or feb 2027 (5 years holding pre settled status)? Thanks in advance

we have been living together since june 2018

What visa or immigration status did you hold at this time? If not anything under the EU rules, this time doesn't count.

but got married in June 2020

What visa or immigration did you hold at this time or what did you apply for after getting married?

I did not have a valid leave to remain I had an outstanding application for flrfp but after getting married i applied under euss

CR001 wrote: ↑

Sun Aug 11, 2024 4:33 pm

we have been living together since june 2018

What visa or immigration status did you hold at this time? If not anything under the EU rules, this time doesn't count.

but got married in June 2020

What visa or immigration did you hold at this time or what did you apply for after getting married?

After getting married in june 2020 I applied to pre settled status same day which was refused but was granted through appeal in 2022

optimals2206 wrote: ↑

Sun Aug 11, 2024 4:40 pm

granted through appeal in 2022

The judgment of the appeal may be relevant as to the grounds for why you were allowed to have pre-settled status,w hich may explain whether your time before marriage would count or not.

On the face of it, I would presume that as you married an EEA national before 31st December 2020, you'd have acquired status as their family member from the date of your marriage. So I would work on the assumption that you can apply for Settled Status on or after the fifth anniversary of your marriage to the EEA national.

But, as mentioned above, the wording of the judgment of your appeal may be relevant.

secret.simon wrote: ↑

Sun Aug 11, 2024 6:06 pm

optimals2206 wrote: ↑

Sun Aug 11, 2024 4:40 pm

granted through appeal in 2022

The judgment of the appeal may be relevant as to the grounds for why you were allowed to have pre-settled status,w hich may explain whether your time before marriage would count or not.

On the face of it, I would presume that as you married an EEA national before 31st December 2020, you'd have acquired status as their family member before that date. So I would work on the assumption that you can apply for Settled Status on or after the fifth anniversary of your marriage to the EEA national.

But, as mentioned above, the wording of the judgment of your appeal may be relevant.

thank you for the above, homeoffice rejected my pre settled application stating that the marriage is one of convenience but court established that the marriage is genuine and eventually got pre settled status in 2022

I would say not earlier than the date of your marriage. Settled status is a free application so you can apply and see what they say (supplying the court order). You have nothing to lose.