Immigrationboards.com

Hi All,

Background
I am a New Zealand citizen and married to a EU national, I have obtained a pre-settled status and a BRP card.
I was told that my BRP will be redundant as of end of December 2024 and that I need to apply for a eVisa.
I have done this and now have a eVisa which proves my status. I will be able to apply for the Settled status at the end of January 2025.

As I was checking my eVisa status, I came across this link: https://www.gov.uk/settled-status-eu-ci ... led-status

Under the "When to switch" section, it states:

You can apply to switch to settled status as soon as you’re eligible. This is usually after you’ve lived in the UK, the Channel Islands or the Isle of Man for 5 years in a row (known as ‘continuous residence’).

The 5 years is counted from the day you started your continuous residence, not the day you were granted pre-settled status.

You may not be eligible for settled status if during the 5 years you spent more than 6 months outside the UK in a 12-month period.

Residency history:
I have been living in the UK since February 2015. I initially arrived on a Tier 2 (work sponsored permit).
I then switched to a Tier 5 (youth mobility permit) end of 2017.
I obtained the pre-settled status in January 2020.
I have been continuously living in the UK as a tax resident since 2015.

Questions:
1. Am I able to apply for the Settled status based on my above residency history?
2. Or will my Tier 2 and Tier 5 visas not count towards the continuous stay in the UK?

Appreciate that end of January is around the corner, but I am finding it difficult to apply for jobs with the pre-settled status. Some companies have refused to proceed with my job application.

Thanking you in advance.

When did you marry the EU citizen?

You need 5 years as an EU spouse from daye of marriage if you did not hold an EU family member document etc as an unmarried partner, as far as I understand.

Edit, your precious posts suggest you got an EU family permit as an unmarried partners in November 2019. This is the start of your qualifying period, when you returned to the uk with this.

Your tier 2 and tier 5 don't count.

Thank you for the prompt response.

We got married in July 2020.

Yes, returned back to the UK under the EU FP in November 2019. That makes sense, will wait till November before I apply for the Settled status.

Thank you again for your help!