Qualifying residence period for BC/Settled status for a non-EU family member

[Xter27]

Hi all,

Hope everyone’s keeping well during these crazy times.

I wanted to kindly ask a question regarding the qualifying residence period to acquire a British citizenship or settled status for my non-EU wife. Apologies if this has been answered before!

Timeline

Married: Dec 2017
Started living together: Apr 2018 (I’d had a DCPR already, I am an EU national, not BC)
Wife was issued EU BRC: Jul 2018
Wife was given presettled status: Dec 2019

Now, I have a feeling that she’ll be eligible for settled status 5 years from the she was given a presettled status. However, this would be quite frustrating given that under the good old European rules, the 5 years would have started from when we started living together.

What are your thoughts?

[Zerubbabel]

Follow that EEA timeline.

In 2023, apply for Settled status. You don't need 5 years of pre-settled to get the settled status if you had time under EEA route prior to the pre-settled.

People who started their immigration in the UK by the pre-settled, they wait 5 years but not the people who already held an EEA card and spent time under that stuatus.

Potentially, if someone spends 4 years with an EEA card then 1 year as pre-settled, that person is eligible for Settled status already.

Then, in 2024 she can apply for British Citizenship. Unless, you naturalise yourself by then and she can apply for BC in 2023 as soon as she gets the settled status.

[Xter27]

Follow that EEA timeline.

In 2023, apply for Settled status. You don't need 5 years of pre-settled to get the settled status if you had time under EEA route prior to the pre-settled.

People who started their immigration in the UK by the pre-settled, they wait 5 years but not the people who already held an EEA card and spent time under that stuatus.

Potentially, if someone spends 4 years with an EEA card then 1 year as pre-settled, that person is eligible for Settled status already.

Then, in 2024 she can apply for British Citizenship. Unless, you naturalise yourself by then and she can apply for BC in 2023 as soon as she gets the settled status.

Thanks Zerubbabel for a quick response - much appreciated. This makes perfect sense.

[kamoe]

Married: Dec 2017
Started living together: Apr 2018 (I’d had a DCPR already, I am an EU national, not BC)

Where was she living in 2017? Where were you living when you started living together?

[Xter27]

Married: Dec 2017
Started living together: Apr 2018 (I’d had a DCPR already, I am an EU national, not BC)

Where was she living in 2017? Where were you living when you started living together?

Hi Kamoe,

She was on a Tier 4 during 2010-2016, she then relocated back to her home country (Vietnam). She joined me in the UK in April 2018 via the EU family permit and we’ve been living together since.

[kamoe]

Married: Dec 2017
Started living together: Apr 2018 (I’d had a DCPR already, I am an EU national, not BC)

Where was she living in 2017? Where were you living when you started living together?

Hi Kamoe,

She was on a Tier 4 during 2010-2016, she then relocated back to her home country (Vietnam). She joined me in the UK in April 2018 via the EU family permit and we’ve been living together since.

Thanks. Just double-checking. Yes, she will be eligible for Settled Status 5 years after coming to the UK as your wife, so April 2023.

If she had been in the UK in 2017 when you got married, then she could start counting since then. But since she was abroad she can only count from when she was effectively in the UK, and married to you, so 2018.

[Xter27]

[/quote]
Thanks. Just double-checking. Yes, she will be eligible for Settled Status 5 years after coming to the UK as your wife, so April 2023.

If she had been in the UK in 2017 when you got married, then she could start counting since then. But since she was abroad she can only count from when she was effectively in the UK, and married to you, so 2018.
[/quote]

Appreciate your input. That would be my understanding as well. I hope this is also the view of the HO in 2023!