Updating Now-spouses' Settled Status: Denied... Advice

[kovacsma]

I've tried sorting through the existing posts on here, because this combo can't be uncommon -- EEA Unmarried Partner visa, and Pre-settled status. I'm not sure I've found anything clear and concise though.

My other half had a Tier 5 YMV for a year, and then we managed to obtain rights for her as an EEA Unmarried Partner (of an EU citizen). After another ~1.5 years, she applied for and obtain Pre-settled status.
The EEA Unmarried partner rights need to be renewed after 5 years, according to the expiry date on her BRP.
The Pre-settled status can be changed to Settled status after 5 years of continuous residence -- but the Tier 5 YMV duration won't be permitted to count towards that 5 years, so really, she'll qualify for Settled Status on the same day as the Unmarried partner rights need to be renewed. What happens in that case??? Would we need to redo a full/complete unmarried partner application, with all the faff that entails? That was an EU citizen right, so will that route still exist in early 2023? Or is there some other mechanism that applies?

MY particular case has an alternative consideration, which muddies the waters, but I'm happy for the questions above to be answered in isolation.

Where my case gets murky
We should be married / civil partners by 2023. We're engaged now, but not moving quick to make it official because Covid... Let's say that's done in late 2022, with all the permissions granted and Home Office permission that entails... What next? Do we need to apply for her to have rights recognised as an EU Married Partner (involving a new BRP I suppose?). If so, would that new BRP be valid for another 5 years, and she can simply apply for and receive Settled Status in that time?

In either case (continuing unmarried partner rights, or married partner rights), I simply don't understand how the associated BRPs and pre-settled / settled status interact. I've heard that people need to show that BRP as well as their pre-settled or settled status? So does one have to continue renewing those rights every 5 years, even after they get settled status?

[kamoe]

My other half had a Tier 5 YMV for a year, and then we managed to obtain rights for her as an EEA Unmarried Partner (of an EU citizen). After another ~1.5 years, she applied for and obtain Pre-settled status.

From this point, you can forget about her Tier 5 YMV. It's just confusing you. Just focus on the fact that she has Pre-Settled Status. Period.

The EEA Unmarried partner rights need to be renewed after 5 years, according to the expiry date on her BRP.

No they don't.

The EEA Residence Card is usually valid for 5 years. That is different from saying it has to be renewed every five years.

Life happens. People's situations change. A person might find themselves with more than one alternative way to legally stay in the UK, and the onus is on each individual to identify and decide which immigration route is the most convenient at any point in time, and if more than one legal avenue is open to them, then that person is free to choose which route to take. They are NOT required to pursue each and every route that applies to them; just choose one.

So if your partner already has Pre-Settled Status they can pretty much forget about their old EEA Residence Card (more on that below).

The Pre-settled status can be changed to Settled status after 5 years of continuous residence -- but the Tier 5 YMV duration won't be permitted to count towards that 5 years, so really, she'll qualify for Settled Status on the same day as the Unmarried partner rights need to be renewed. What happens in that case???

Assuming that from the moment her EEA Residence Card was issued (let's call this day A) your partner has not been absent from the UK for more than 6 months over a 12-month period, and assuming your are both still in a relationship; then on the day the 5 years have passed since day A, she should submit an application for Settled Status. That's all she needs to do to continue living legally in the UK.

Would we need to redo a full/complete unmarried partner application, with all the faff that entails?

If by the time she submits her application for Settled Status you are still unmarried, she would probably need to upload some documents that prove you are still in a relationship: joint bank statements, or council tax bill, etc. that are recent enough (dated less than a month ago is a good rule of thumb). I still can't comment from first-hand experience how many documents are enough, but from what I understand from other member's comments, this is not as extensive as the application for the EEA unmarried partner residence card.

That was an EU citizen right, so will that route still exist in early 2023? Or is there some other mechanism that applies?

The EEA Residence Card route was officially closed on December 31st 2020 at 11 PM. The EU Settlement Scheme is officially what has replaced it, so as I just said, she only needs to worry about applying to the Settlement Scheme for a second time to obtain Settled Status. That's it.

MY particular case has an alternative consideration, which muddies the waters, but I'm happy for the questions above to be answered in isolation.

Where my case gets murky
We should be married / civil partners by 2023. We're engaged now, but not moving quick to make it official because Covid... Let's say that's done in late 2022, with all the permissions granted and Home Office permission that entails... What next? Do we need to apply for her to have rights recognised as an EU Married Partner (involving a new BRP I suppose?). If so, would that new BRP be valid for another 5 years, and she can simply apply for and receive Settled Status in that time?

In either case (continuing unmarried partner rights, or married partner rights), I simply don't understand how the associated BRPs and pre-settled / settled status interact.

You are way overthinking this.

First, there is no such a thing as "unmarried partner rights" or "married partner rights". There is only the recognition of the status as the "family member of a EU citizen" and once this status has been recognised, the rights are exactly the same wether you are married or unmarried. In that sense, no, she does not need to get a new BRP only because she got married.

However... if she chooses to change her name after the wedding, then yes, she needs to inform the Home Office and get a new document issued (The outcome letter she received informing her of her Pre-Settled status has all the information regarding how to contact the Home Office in this event). But name change is not mandatory, and she can choose not to do it.

I've heard that people need to show that BRP as well as their pre-settled or settled status? So does one have to continue renewing those rights every 5 years, even after they get settled status?

If she wants to travel abroad without problems when trying to board planes back into the UK, then yes, it is important she gets a physical biometric card to show her status under the Settlement Scheme. I imagine that if she applies for Settled Status on the day her EEA RC expires, then she might be asked to submit biometrics and be issued a new card as part of the process. Or, she might be issued electronic status then advised to apply to convert her expired card into a new EUSS card as a separate process. Either way, she will eventually end up with a physical biometric card that shows her Settled Status.

[kovacsma]

Thanks for the thorough response.

I've got things down to Day 1 of Year 5 after she received confirmation of her Unmarried Partner status; this is all that matters really.

On this day, her BRP isn't really useful anymore. So she couldn't travel with it. But I think you're saying she wouldn't lose her rights to live and work here?

Whether married or unmarried, she'd then have to apply for Settled Status.

The powers that be in charge of SS would probably want to see a BRP, but the BRP would be invalid.

So, apologies, I couldn't quite understand what you were saying happens at this point, and I could use that explained even more clearly.

We can safely make all the assumptions that she would qualify -- will not have left for an extended period, still can prove that relationship (or probably even add a marriage / civil partnership certificate), etc. etc. etc.

See, what I'm most concerned about is having to put in another application like we did originally, for the unmarried status. In that case, you're future is at the whim of the person reading your most heartfelt stories, letters from friends and family, bank records, etc. etc. (and then in the end, they binned half of the original content we submitted, and sent us back only half of the material...) When you're dealing with Settled Status, I think it's slightly less "subjective".

[kamoe]

I've got things down to Day 1 of Year 5 after she received confirmation of her Unmarried Partner status; this is all that matters really.

On this day, her BRP isn't really useful anymore.

Actually all EEA Residence Cards expire on June 30th 2021. See this post. So you might need to adjust your expectations on when her BRC becomes useless!

So she couldn't travel with it. But I think you're saying she wouldn't lose her rights to live and work here?

Every single person who has now Pre-Settled Status will one day (save for them dying, or leaving the UK for good) reach the day where they complete 5 years of continuous residence. Just imagine if everyone lost their rights on their respective day. One cannot apply for Settled Status before the 5 years are complete, so that would be a lot of instant illegal people. The system was designed to help regularise the situation of EU citizens and their families' in the UK after Brexit, so no, this will not happen.

Whether married or unmarried, she'd then have to apply for Settled Status.

Yes, and as long as she meets the requirements (still your partner, 5 continuous years of UK residence), she will get it.

The powers that be in charge of SS would probably want to see a BRP, but the BRP would be invalid.

If you are referring to UK authorities, e.g., the Home Office, or UK border officials at immigration control, then the answer is, believe it or not, 'technically speaking, No, they are not expecting to see a BRP'. Truth is, internally in the UK there is a push towards electronic-only statuses. If it were down to the Home Office no one would be issued physical BRP anymore.

I agree one might need a biometric card, for example when:

-Traveling abroad, proving airlines that you have the right to enter the UK (note: it's the airline who usually demands a BRC/BRC, not the UK immigration official, see this Guardian article)
-Proving right to work, as some employers might not yet be comfortable with checking statuses online
-Proving right to rent, as some landlords might not yet be comfortable with checking statuses online
-Other admin life scenarios (opening a bank account, getting a mortgage, etc.)

Good news is, there is a way to get a new biometric card (see below steps).

But if you have no intentions of travel and have no major life events like change of job or house, then... you might not need a physical card at all in a while, and that does not mean you are illegal.

So, apologies, I couldn't quite understand what you were saying happens at this point, and I could use that explained even more clearly.

1. She can still use her biometric card until the 30th June 2021, or the printed expiration date on the card, whichever is sooner
2. If she wants to have a valid biometric card after June 30th to show for her electronic Pre-Settled status, then she needs to apply to convert her current EEA BRC into a Settlement Scheme BRC.
Link to application here.
Thread of people discussing the process here.
Do not hold your breath though, seems to take a few months to get done.
3. When she completes her 5 years she applies for Settled Status.
4. Once she has Settled Status, she either gets a new card automatically as part of the process, or applies again as per step 2. to convert her card to show she now has Settled Status.

We can safely make all the assumptions that she would qualify -- will not have left for an extended period, still can prove that relationship (or probably even add a marriage / civil partnership certificate), etc. etc. etc.

See, what I'm most concerned about is having to put in another application like we did originally, for the unmarried status. In that case, you're future is at the whim of the person reading your most heartfelt stories, letters from friends and family, bank records, etc. etc. (and then in the end, they binned half of the original content we submitted, and sent us back only half of the material...) When you're dealing with Settled Status, I think it's slightly less "subjective".

I believe the application for Settled Status is not much different than the one you already completed for Pre-Settled Status. Neither is comparable to the exhaustive application for EEA Residence Card, because to qualify as unmarried partner on the EUSS you already have a EEA card. In a way that is a pre-qualification that they have no need to re-request.

The only reason she does not already have Settled Status is not that you did not submit tons of personal letters and pictures with your application, the reason is that the issue date on her EEA card is not old enough. That's all, that's what makes all the difference.

So on the day she submits a fresh application, exactly the same as she submitted for Settled Status, plus one additional document proving you are still living together, she will be granted Settled Status. The Settlement Scheme is a default 'yes'.

[kovacsma]

Superb, brilliant. Clear now Thanks for this!

[kovacsma]

Actually, my other half raised a good question:

OK, her card expires midway through this year. Say we managed to get abroad (she can travel to the EU easily on her Canadian passport, so covid-permitting, we could get there).

On return, should she ever be asked for any proof other than pre-settled status check? Is it permissible, or is it unlawful/incorrect for anyone (airline, eurostar, ferry staff) to ask for a brc or something more than her passport and pre-settled status as evidence? If it would be incorrect/unlawful, what recourse does she have if they incorrectly reject her at boarding, or at some other stage in the travel process? Correct me if I'm wrong, but I think we're seeing that happen, based on stories in the media?

[kamoe]

OK, her card expires midway through this year. Say we managed to get abroad (she can travel to the EU easily on her Canadian passport, so covid-permitting, we could get there).

On normal times yes, she could travel to the EU with no problem. But these are not normal times. In 2020, we have seen some countries restrict international travel only to allow nationals or residents. Do not assume that just because you have a first-country passport you or her can travel freely anywhere. Just saying.

On return, should she ever be asked for any proof other than pre-settled status check?

In theory her Canadian passport also allows her to come to the UK at any time. But same cautionary measure applies. If authorities are restringting travel only to residents, then she might face issues.

Is it permissible, or is it unlawful/incorrect for anyone (airline, eurostar, ferry staff) to ask for a brc or something more than her passport and pre-settled status as evidence?

You are asking the wrong question. The important question is: Can this happen? And the answer to that is: you already know. It does not mean it should happen, but it does.

Airlines have to cover deportation/repatriation costs, plus I believe some hefty fines, if they transport a person who has not the right to enter the country they are transporting said passenger to. They have the responsibility to check this, and they have some discretion in to how they exercise those checks. It appears that some airlines' processes are much tighter that even the border control checks at the concerned country, and in this forum we have heard nightmare stories of people stranded because they cannot provide the documents the airline is asking, even if they have the right to live and work in the UK. This is NOT new or specific to the Settlement Scheme electronic status. This has happened for years in the case of spouses of EU nationals who have the right to live and work in the UK, even without a biometric card

The advise from the Home Office is and has always been to always make sure you have a physical document, even if you do not need it inside the UK.

If it would be incorrect/unlawful, what recourse does she have if they incorrectly reject her at boarding, or at some other stage in the travel process? Correct me if I'm wrong, but I think we're seeing that happen, based on stories in the media?

As you might guess, the point is not if the airline rejected a boarding incorrectly, or if that is lawful. The point is, how do you not put yourself in a situation where an airline can incorrectly deny you boarding? The answer to that is: you cover all corners, and apply for a physical biometric permit that shows her pre-settled status, and that is valid after June 2020, as indicated above. Knowing this process can take several months, if you are planing to travel at all during 2021, you might want to time this application accordingly.

[kovacsma]

Partner and I arrived in September 2016. She arrived on Tier 5 visa.

In Q1-2018, she had her durable partnership status confirmed and BRP was issued to her as the unmarried partner of an EU citizen, which required us to demonstrate we'd been in a durable relationship for several years already -- ie in a durable relationship since prior to arrival in UK in 2016.

We both applied and recieved pre-settled status in 2020. I had settled status confirmed in 2021.

We were married in the UK in Q1 2022.

She just applied for settled status, thinking it would be recognised that she has been a non-married partner of an EU citizen since 2016; and because we had some advice from one of the free EU settled status legal advice channels that this would be fine.

The response letter gave her pre-settled status again. It acknowledged that she "has been in the UK as a family member of a relevant EEA citizen and that she has been in the UK since November 2016" (incorrect... Should say September...) but that she "has not been a family member of a relevant EEA citizen for a continuous qualifying period of five years because your continuous qualifying period began on {date of wedding} when you entered into a civil partnership with the EEA citizen."

Now, if you told me that the Tier 5 status would supersede the non-married partner recognition, I could believe that and accept that. So she would then have to wait until 5 years since she was granted the status as a non-married partner (ie wait until Q1-2023). However, I take serious issue with it starting the 5 year count over when we got married. Advice?

As a side matter: I guess pre-settled status is still tied to the non-married partner visa/BRP? That BRP expires Q1-2023. What do we need to do in advance, so as not to be unable to travel. I understand that the process should be much easier now were married (in the UK) rather than non-married partners -- that was a lot of work, and required a lot of waiting around and uncertainty...

[CR001]

Her 5 years start counting from when she received her BRC as a durable partner of an EU citizen in 2018. She doesn't qualify for settled status until 5 years has been reached in 2023. You were advised in 2021 when Day 1 is of her qualify period (topics now merged).

[kovacsma]

Her 5 years start counting from when she received her BRC as a durable partner of an EU citizen in 2018. She doesn't qualify for settled status until 5 years has been reached in 2023. You were advised in 2021 when Day 1 is of her qualify period (topics now merged).

Thank you for this reminder!

As for the matter in the last paragraph, what do we need to do at the five year point, when her "unmarried partner of an era citizen" BRP expires? Looking back on the old message thread, it's not clear to me.

[kamoe]

This was answered long ago. Anything in particular from the below that is not clear?

Does she currently have a EUSS BRP? If so, what's the expiration date?

2. If she wants to have a valid biometric card after June 30th to show for her electronic Pre-Settled status, then she needs to apply to convert her current EEA BRC into a Settlement Scheme BRC.
Link to application here.
Thread of people discussing the process here.
Do not hold your breath though, seems to take a few months to get done.
3. When she completes her 5 years she applies for Settled Status.
4. Once she has Settled Status, she either gets a new card automatically as part of the process, or applies again as per step 2. to convert her card to show she now has Settled Status.

[Tiktok]

Partner and I arrived in September 2016. She arrived on Tier 5 visa.

In Q1-2018, she had her durable partnership status confirmed and BRP was issued to her as the unmarried partner of an EU citizen, which required us to demonstrate we'd been in a durable relationship for several years already -- ie in a durable relationship since prior to arrival in UK in 2016.

We both applied and recieved pre-settled status in 2020. I had settled status confirmed in 2021.

We were married in the UK in Q1 2022.

She just applied for settled status, thinking it would be recognised that she has been a non-married partner of an EU citizen since 2016; and because we had some advice from one of the free EU settled status legal advice channels that this would be fine.

The response letter gave her pre-settled status again. It acknowledged that she "has been in the UK as a family member of a relevant EEA citizen and that she has been in the UK since November 2016" (incorrect... Should say September...) but that she "has not been a family member of a relevant EEA citizen for a continuous qualifying period of five years because your continuous qualifying period began on {date of wedding} when you entered into a civil partnership with the EEA citizen."

Now, if you told me that the Tier 5 status would supersede the non-married partner recognition, I could believe that and accept that. So she would then have to wait until 5 years since she was granted the status as a non-married partner (ie wait until Q1-2023). However, I take serious issue with it starting the 5 year count over when we got married. Advice?

As a side matter: I guess pre-settled status is still tied to the non-married partner visa/BRP? That BRP expires Q1-2023. What do we need to do in advance, so as not to be unable to travel. I understand that the process should be much easier now were married (in the UK) rather than non-married partners -- that was a lot of work, and required a lot of waiting around and uncertainty...

I think you need to await until 2023 and then u can apply.

Can I ask you when did you apply and when did u get decision, what's the timeline

[kovacsma]

This was answered long ago. Anything in particular from the below that is not clear?

Does she currently have a EUSS BRP? If so, what's the expiration date?

2. If she wants to have a valid biometric card after June 30th to show for her electronic Pre-Settled status, then she needs to apply to convert her current EEA BRC into a Settlement Scheme BRC.
Link to application here.
Thread of people discussing the process here.
Do not hold your breath though, seems to take a few months to get done.
3. When she completes her 5 years she applies for Settled Status.
4. Once she has Settled Status, she either gets a new card automatically as part of the process, or applies again as per step 2. to convert her card to show she now has Settled Status.

Fine, this extract you've shared, on its own, is clear to me. The wider, longer context perhaps confused me.

We can apply for that BRC update, for a BRC issued under EUSS scheme ASAP. I understand that will be free, although it takes time, and possibly involves sending documents and existing BRC off, which may be problematic because travel is planned in coming months (ahead of the card's expiry)... I don't know what we do about this though...

So then, let's say we get the BRC under the EUSS scheme. Then her 5 years comes up in Q1-2023, and we want to get her settled status. We will reapply then. But STILL, as per my first post today, it seems they are erroneously only considering her qualifying time as the time since we've been married. What can we do to correct this? Will we simply have to apply, get another pre-settled status letter, and then go through appeals?

[kamoe]

1. You don't need to send her current BRP to get the new one. You can just apply for the new one, and if you want, destroy the old one after the new one arrives. But no one is going to invalidate the old one or come after you if you don't destroy it. I was in this situation and for months I had two valid BRPs that I used on separate occasions to come in and out of the UK without a problem.

2. I Think they just made a mistake on the wording of the message. Her 5 years are up after 5 years of issue of her card, not after 5 years of marriage. That's a fact and they can't say otherwise. You can contact them in writing and ask for confirmation of the date her 5 years will be up. Once again, I had a similar erroneous message when I was issued Pre-settled status, and asked them to confirm my understanding that the issuing of the first residence card is what started the clock. I received a written confirmation that they had made a mistake and that my 5 years were up as I said.

[kovacsma]

1. You don't need to send her current BRP to get the new one. You can just apply for the new one, and if you want, destroy the old one after the new one arrives. But no one is going to invalidate the old one or come after you if you don't destroy it. I was in this situation and for months I had two valid BRPs that I used on separate occasions to come in and out of the UK without a problem.

2. I Think they just made a mistake on the wording of the message. Her 5 years are up after 5 years of issue of her card, not after 5 years of marriage. That's a fact and they can't say otherwise. You can contact them in writing and ask for confirmation of the date her 5 years will be up. Once again, I had a similar erroneous message when I was issued Pre-settled status, and asked them to confirm my understanding that the issuing of the first residence card is what started the clock. I received a written confirmation that they had made a mistake and that my 5 years were up as I said.

On 1.: Will look more closely at what the online form (which you provided a link to, previously) is telling me again. I think, at a glance, I understood that I needed to send original passport and/or BRC; and in the thread discussing this process, others seem to be talking about sending their card in, so I think that's how I came to that conclusion. But I'll look again.

On 2.: Advice on where to send that letter to get that confirmation? We did chase the EUSS resolution centre yesterday, asking about this date issue. They said something similar: write in to get it corrected. But they also said, "Pay £80". Well, I'm not looking to appeal the decision of pre-settled status; just the facts behind the decision...

[kamoe]

I think, at a glance, I understood that I needed to send original passport and/or BRC; and in the thread discussing this process, others seem to be talking about sending their card in, so I think that's how I came to that conclusion. But I'll look again.

Unless something has substantially changed since last year, then no, you are not required at any point in time to send, surrender, or destroy your BRC. They will tell you it will be invalid once the new one is issued, but that is not true, as I reported here.

On 2.: Advice on where to send that letter to get that confirmation?

Use this contact form, use the same email address and reference used for applying: https://eu-settled-status-enquiries.ser ... v.uk/start

We did chase the EUSS resolution centre yesterday, asking about this date issue. They said something similar: write in to get it corrected. But they also said, "Pay £80". Well, I'm not looking to appeal the decision of pre-settled status; just the facts behind the decision...

That's the wrong answer, either because you asked the wrong question, or because they did not understand what you asked.

The £80 fee is to apply for an administrative review, which is the procedure when you are trying to appeal the decision. You are NOT trying to appeal the decision, since the decision to issue pre-settled status instead of settled status is indeed correct. You are simply asking for written confirmation that the wording on your refusal for settled status is wrong, because the reason of the refusal is that your wife has not yet completed 5 years since issuing of her first EEA card, not because she has not completed 5 years since your wedding date. In other words, confirmation that her clock started on the date of issue of the card, not on the wedding date. In both cases, the decision is correct, she has not completed 5 years, but it makes a difference on when she'll be eligible.

If you contact them using the form above (for any follow up question after application, or any other reason at all, including asking to confirm when her clock really starts), you won't have to pay anything, the use of that form is free.

[kamoe]

As an example, I contacted them using the above link, Question Category: "The result of my application", and the below wording:

I have just received an answer from the EU Resolution Center, regarding my eligibility for Settled status. The answer reads:

“The (your) Biometric Residence Card was issued on 10 February 2016. Based on this guidance, provided your relationship with your EEA unmarried partner is sustained for 5 continuous years, you will be entitled to apply for settled status on the basis of that relationship in October 2021.”

However, I’m afraid the above advice is in error. If I am to count 5 years since the issuing of the biometric card recognizing my reltionship to my EU sponsor, from February 2016, then that gives us February 2021, NOT October 2021. Or... Did the EU Resolution Center meant October 2020? I qualified as durable partner in October 2015 when I submitted my application for the biometric card, with proven evidence of 2 years of cohabitation up until the date the application was submitted (Sept 2013- Sept2015). So 5 years from then gives us an eligibility date of October 2020. The card took 5 months to be issued, but I as I said, I qualified in October 2015. Is that what the EU Resolution Center meant? Please clarify when I am eligible for Settled Status: February 2021 (5 years from issue of biometric card), Or October 2020 (5 years from quialifying as durable partner, having completed 2 years of start of cohabitation with EU sponsor, so 7 years of cohabitation in total 2013-2020). I know for sure the right date I qualify for Settled Status is NOT October 2021, as this would amount to 5.5 years from the latest possible date above, not 5 years.

Please clarify.

They replied within 48 hours with the below wording:

Dear [My name]

Thank you for your question about the result of your application, reference XXXX-XXXX-XXXX-XXXX.

We understand that you have been informed you will be eligible to apply for Settled status in October 2021. We can confirm that this incorrect. We apologise for the inconvenience caused.

You will be eligible to apply for Settled status in February 2021, five years from the date your relationship to your EU Sponsor was accepted by us.

The process for applying for settled status is similar to the original application, and you will need to complete identity, criminality and residence checks.

You have the option of using the ‘EU Exit: ID Document Check’ app to verify your identity in your second application (even if you did not use it in your first application).

In addition, you are still able to benefit from automated residence checks to prove your eligibility.

To re-apply please use the following link:

https://www.gov.uk/settled-status-eu-ci ... led-status

Should you require further information about the EU Settlement Scheme, please go to https://www.gov.uk/settled-status-eu-citizens-families or alternatively, contact the EU Settlement Resolution Centre by phone on 0300 123 7379 (from inside the UK), 0203 080 0010 (from outside the UK) or by submitting a further question using the online enquiry form https://eu-settled-status-enquiries.ser ... v.uk/start

UKVI is keen to continually review and improve its service to our customers. To help us to do so, we would be grateful if you could complete our customer survey https://homeoffice.eu.qualtrics.com/jfe ... DBhhKZnDW5

Please note we cannot deal with any enquiries/replies sent directly to this mailbox.

Yours sincerely,

EU Settlement Resolution Centre

UK Visas & Immigration

[kovacsma]

You are NOT trying to appeal the decision, since the decision to issue pre-settled status instead of settled status is indeed correct. You are simply asking for written confirmation that the wording on your refusal for settled status is wrong, because the reason of the refusal is that your wife has not yet completed 5 years since issuing of her first EEA card, not because she has not completed 5 years since your wedding date. In other words, confirmation that her clock started on the date of issue of the card, not on the wedding date. In both cases, the decision is correct, she has not completed 5 years, but it makes a difference on when she'll be eligible.

Absolutely, 100% agree and understood on this.

Thanks again for your assistance.