Will the Settled Status route allow combining non-EEA visa residence to meet 5-year requirement?

[kamoe]

Thanks to a recent post by NikiGio, I just spotted something interesting regarding Settled Status: https://www.gov.uk/settled-status-eu-citizens-families

To be eligible for settled status, you’ll usually need to:

be an EU citizen, or a family member of an EU citizen
have been living in the UK continuously for 5 years (‘continuous residence’)
have started living in the UK by 31 December 2020

See what I see?

If you are currently the non-EEA family member of an EU national and have completed 5 years of legal residence in the UK (no matter under which conditions) you could be eligible to apply. This could mean you can combine your residence under non-EEA categories, including visas under the Tier system.

I thought this might be too good to be true but I cannot find anywhere the requirement that the 5 years need to have been spent under an EEA FP or EEA RC. Take into account that, in contrast, for obtaining PR it is very
specifically worded that the non-EEA national needs to have spent the 5-years on a EEA residence document, here:.

Eligibility
You’re eligible if both of the following apply:

you’ve lived with your EEA family member in the UK for a continuous 5 year period
your EEA family member has been a ‘qualified person’ throughout the 5 years or has a permanent right of residence
You can also get permanent residence if you’ve lived in the UK for a continuous period of 5 years:

as the extended family member of an EEA national and you’ve held a valid EEA family permit and a residence card throughout
first as the family member of an EEA national and then with a retained right of residence
as the family member of a British citizen, if you entered the UK under the EU law after living in another EEA country (‘Surinder Singh’ route)

Look closely at the ways you can prove your residence for settled status:

Proof of continuous residence
If you’ve paid tax through work or received benefits, you can use your National Insurance number to help confirm when you’ve been resident in the UK.

You’ll be told if you need to give any further evidence to prove your continuous residence, for example:

P60s or P45s
payslips
bank statements
utility bills
annual business accounts
employer contracts or letters confirming employment
letters, invoices or certificates from accredited educational organisations
passport stamps confirming entry at the UK border
airline or train tickets confirming travel into the UK
You’ll be able to submit scans of these documents through the online application form.

You will not need to provide evidence of your entire residence in the UK, only for the period that proves you’re eligible for settled or pre-settled status.

Wishful thinking? What do you think?

[kamoe]

Then a recent post by vahidfar made me realize this also has implications for EU nationals who have been in the UK for 5 years, yet are not eligible for Permanent Residence (for example, because they did not have CSI during study years). According to the available information for Settled Status, they are eligible.

So... am I interpreting the Settled Status correctly, as a more relaxed category than Permanent Residence, provided you have spent 5 years of legal residence in the UK???

[NikiGio]

If you are currently the non-EEA family member of an EU national and have completed 5 years of legal residence in the UK (no matter under which conditions) you could be eligible to apply. This could mean you can combine your residence under non-EEA categories, including visas under the Tier system.

I think this is the right interpretation, based on what the website says.
Would be great if Secret.Simon or one of the other Mods could comment.

Wishful thinking? What do you think?

I guess we can't really be sure until the Settled Status system goes live! But it doesn't seem like wishful thinking.

So... am I interpreting the Settled Status correctly, as a more relaxed category than Permanent Residence, provided you have spent 5 years of legal residence in the UK???

Yes, that's exactly the right interpretation. The Settled Status scheme seems a more relaxed scheme, in that 'all' one needs to prove is residency and nationality or relationship to EEA national. Which means it protects a lot of vulnerable people that currently cannot secure their status because they can't prove they are exercising treaty rights or they can't prove their relationship to someone exercising treaty rights (eg. people with no CSI, elderly, carers, students, etc.).

[kamoe]

Thanks NikiGio.

I guess we can't really be sure until the Settled Status system goes live!

My thoughts exactly, and I suppose the only way to know is to try and apply once it's possible!

However, alterhase58 did mention in eea-route-applications/what-will-happen ... 64231.html that a beta test is already in place, so it would be interesting to know if there is already data available to answer this.

I am mainly asking because this is huge for me: this means either 18 months less to wait under EEA rules, and paying only £65 instead of £3K for ILR next year (been in the UK for 9 years: 6.5 on the Tier system, including student (1.5 year) and post student (2 years) visas, which currently can only count towards 10-year long residence route, 3 years on a Tier 2 sponsored work visa; and 2.5 on a EEA Residence Card as unmarried partner).

So I'm tempted to apply come March, and maybe risk loosing £65 in the process if it turns out my interpretation is not correct.

Good thing is looks like the online form itself will give you feedback if you do not qualify, before you send your application (as the current PR one does). I mean, at least I hope so

[doctor1989]

I was about to post the exact same question on the forum. What do the mods think? I don't want to end up duplicating questions here.

It will affect whether I chose ILR-LR which is 2500 pounds or the 65 settled status application.

[NikiGio]

As a side note, in case you don't know re the Free Movement blog - you may both want to have a look at this post on the blog, written in June. It refers to non-EEA family members:

https://www.freemovement.org.uk/how-to- ... us-brexit/

[NikiGio]

If you are currently the non-EEA family member of an EU national and have completed 5 years of legal residence in the UK (no matter under which conditions) you could be eligible to apply. This could mean you can combine your residence under non-EEA categories, including visas under the Tier system.

I was talking about this yesterday over a drink with one of my friends who has a similar situation - EU friend married to a non-EU national.

So I (informally) asked an immigration lawyer for feedback - the lawyer was confirming that Settled Status IS infact much more relaxed than PR - since there is no requirement to exercise treaty rights, or work, or have CSI, etc. Just residence + EU nationality/family relationship to EU national.

Regarding the idea that if you are currently the non-EU family member of an EU national and you have completed 5 years of legal residence in the UK, no matter under which conditions, you could be eligible to apply for Settled Status - the lawyer confirmed that such people can combine residence under non-EU
categories, including visas under the Tier system.

She also mentioned this IS also currently the case with the PR system. Example - if you are a Canadian citizen on a Tier 2 visa who has lived here for 5 years, but married to a Danish citizen who has lived and worked here for 5 years, then the Canadian citizen can apply for PR. It is not a requirement that the Canadian citizen needs to have held EEA documentation, or indeed any documentation, for the qualifying 5 years.

The key here is being a *family member* though - the above applies to family members, but not to *extended family members*. So the above relaxed requirements will only apply to my EU friend who is married to a non-EU national.

BUT - this does *not* apply to unmarried non-EU nationals. The lawyer said that an unmarried non-EU national in a durable relationship with an EU national is an extended family member, not a family member.

I am mainly asking because this is huge for me: this means either 18 months less to wait under EEA rules, and paying only £65 instead of £3K for ILR next year (been in the UK for 9 years: 6.5 on the Tier system, including student (1.5 year) and post student (2 years) visas, which currently can only count towards 10-year long residence route, 3 years on a Tier 2 sponsored work visa; and 2.5 on a EEA Residence Card as unmarried partner).

So I asked the lawyer if the Settled Status rules would apply to extended family members - I'm guessing that for a non-EU national in a durable relationship with an EU national, the five-year clock would start ticking only when they became the partner of the EU national, so 2.5 years ago in your case.

The question is whether you could apply for Pre-Settled Status paying £65 and then applying for Settled Status when your 5 years are up (I guess paying another £65), rather than going for ILR when your 10 years are up next year, paying £3K? She thinks this will be possible.

So I think this is good news for you!

By the way, have you contacted a lawyer at all in the 9 years you've been here? Given the difference between paying £65/£130 and £3K, I'm guessing you've considered maybe spending a few £100s on a few hours' consultation with an immigration lawyer? Some do phone/online consultations. I saw one charging £100 for a one hour phone/online consultation - I don't know how good they are, but may be worth thinking about and getting a few quotes? Unless you've already done so.

You might also think about proposing to your partner ;p

[doctor1989]

She also mentioned this IS also currently the case with the PR system. Example - if you are a Canadian citizen on a Tier 2 visa who has lived here for 5 years, but married to a Danish citizen who has lived and worked here for 5 years, then the Canadian citizen can apply for PR. It is not a requirement that the Canadian citizen needs to have held EEA documentation, or indeed any documentation, for the qualifying 5 years.

But I think the Canadian citizen would have to have been married to the EU citizen for those 5 years even if he/she were in the UK under Tier system. Right?

[NikiGio]

She also mentioned this IS also currently the case with the PR system. Example - if you are a Canadian citizen on a Tier 2 visa who has lived here for 5 years, but married to a Danish citizen who has lived and worked here for 5 years, then the Canadian citizen can apply for PR. It is not a requirement that the Canadian citizen needs to have held EEA documentation, or indeed any documentation, for the qualifying 5 years.

But I think the Canadian citizen would have to have been married to the EU citizen for those 5 years even if he/she were in the UK under Tier system. Right?

Yes, I believe so. The date of marriage to the EU citizen is the one that starts the 5-year clock ticking, in that case.
Unless they were in an unmarried durable relationship before getting married + the Canadian partner had an EEA residence card before getting married - in that case, I think they can combine EEA residence card time when unmarried + post-married time.
As a side note - I'm not sure the Tier system applies if you're married to an EEA citizen though, but not an expert on non-EEA relationships/Tier system.

[kamoe]

Thanks NikiGio, very thoughtful.

The key here is being a *family member* though - the above applies to family members, but not to *extended family members*. So the above relaxed requirements will only apply to my EU friend who is married to a non-EU national.

BUT - this does *not* apply to unmarried non-EU nationals. The lawyer said that an unmarried non-EU national in a durable relationship with an EU national is an extended family member, not a family member.

Yes, this is what I've been thinking about!

The question is whether you could apply for Pre-Settled Status paying £65 and then applying for Settled Status when your 5 years are up (I guess paying another £65), rather than going for ILR when your 10 years are up next year, paying £3K? She thinks this will be possible.

Yeap, definitely an option.

By the way, have you contacted a lawyer at all in the 9 years you've been here?

Yes, I did, four years ago when we were first considering our options and decided to go for the unmarried partner route. I talked about half an hour for free with a very well-respected immigration lawyer in my area, and he confirmed we were eligible, and gave me great advise (e.g. that we open a joint bank account ASAP!).

Given the difference between paying £65/£130 and £3K, I'm guessing you've considered maybe spending a few £100s on a few hours' consultation with an immigration lawyer?

Fair point, and might do it at some point next year, if I see it's worth it. So far, I understand decently what's happening and what applies to whom, so haven't had the need for professional help, but given my case is a combination of things, might as well do this.

You might also think about proposing to your partner ;p

Lol, maybe at some point, but I hate the idea of doing it just because of immigration purposes.

Thanks for all your input, I'm sure it's useful for other people in similar situations.

Best
Kamoe

[NikiGio]

[doctor1989]

Wishful thinking? What do you think?

So looks like it is indeed wishful thinking unfortunately.

Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member
EU11. The applicant meets the eligibility requirements for indefinite leave to remain as a relevant EU citizen or their family member where the decision-maker is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, one of conditions 1 to 7 set out in the following table is met:
Condition
Is met where:
1. The applicant has a documented right of permanent residence and no supervening event has occurred
2. The applicant is a relevant EU citizen, or a family member of a relevant EU citizen, and there is valid evidence of their indefinite leave to enter or remain
3. The applicant is (a) a relevant EU citizen, (b) a family member of a relevant EU citizen or (c) a family member who has retained the right of residence, and has completed a continuous qualifying period of five years in any (or any combination) of those categories and since then no supervening event has occurred

In condition 3 in the table in paragraph EU11 can include a period during which the applicant was a family member of a qualifying British citizen
before becoming (as the case may be) a relevant EU citizen, a family member of a relevant EU citizen or a family member who has retained the
right of residence.

From information released earlier this month:

https://www.gov.uk/guidance/immigration ... ppendix-eu

https://assets.publishing.service.gov.u ... ssible.pdf

[kamoe]

I thought I'd share an important insight from a webinar I just attended today. It was delivered by the Home Office (by invitation of the immigration firm that handled my Tier 2 application back in the day). They presented the Settled Status route and addressed the most common questions regarding the process.

Two main takeaways:

1) The process has three main steps:

a) Check your identity
b) Your UK residence, and
c) Any criminal convictions

2) It will eliminate the burden of knowing to which route (Settled or Pre-Settled) you are eligible to apply. You login to an online form, give your nationality details and NINO, and based on your NI history (i.e. if you've paid taxes, asked for benefits) the site confirms on its own if you meet the requirements for Settled or Pre-settled status, and tells you which route is for you. It will also ask for more informaiton if the NI information is not enough (e.g. if you have been a student).

I asked if the process was the same for no-EU family and extended family members, and they said broadly yes, that all applications were individual and followed the same process, but that some cases, such as the family members, one application has to be linked to another. In this case, they will additionally ask for your sponsor application reference number, and proof of relationship (marriage certificate, birth certificate, etc.) to prove that relationship.

For me, this means dilemma solved. I can apply come March and it will be up to the form itself to tell me what is the right category. Curious to see if my 9-year taxpayer history does the trick.

[NikiGio]

That's really good info Kamoe, thank you for taking the time to put it down in writing for us

Also definitely sounds like good news for you and lots of other people - sounds like a much more reasonable, streamlined and modern process