Settled or presettled status

[Alex0226]

Could anyone help please?
I met my wife in 2012. 1st application refused. Living together since that time until i was granted leave to remain outside immigration rule in 2014
My first child born feb 26th 2014. Got married to my EEA national in 2015. 2nd child born in january 2016
Apply for resident card as a direct family member of EU NATIONAL in 2018 after the previous leave to remain was refused upon renewal.
We have continous stayed together since 2012 till date.
Do i get settled status based on my continous residence with my wife in U.K.? HELP PLEASE!

[kamoe]

I met my wife in 2012. 1st application refused. Living together since that time until i was granted leave to remain outside immigration rule in 2014
My first child born feb 26th 2014. Got married to my EEA national in 2015. 2nd child born in january 2016
Apply for resident card as a direct family member of EU NATIONAL in 2018 after the previous leave to remain was refused upon renewal.
We have continous stayed together since 2012 till date.
Do i get settled status based on my continous residence with my wife in U.K.? HELP PLEASE!

Can you please specify what kind of visa or permit you were granted in 2014?

[Alex0226]

Thank you for your reply. I was granted Leave to Remain outside immigration rule in 2014

[kamoe]

Sorry, Alex, this is still a bit unclear to me.

When did you start living in the UK? You mention you first acquired leave outside the immigration rules (LOTR) in 2014. Where did you leave before then, or what other visa/status did you have?

A complete timeline of all the years you have lived in the UK, along with the corresponding visas or permits you lived on for each year, would be very helpful. For example, I gather your situation is as follows:

2012: met spouse (where?)
Somewhere between 2012-2014: RC refused (where did you live?)

2014-2018: LOTR (married in 2015, child born 2016)
2018-present: RC as non-EU family member

It is not clear to me where you lived between 2012 and 2014, and under which status, and when was your first RC application refused. This is important.

[Alex0226]

Many thanks for your reply. This is my timeline
Oct 2010 - entered UK under tier 2 visa categiry
April 2012 - visa expired
Nov 2012 - EEA 2 application submitted as non FM
2013 - Application refused and appealed.
Oct 2013 - Arrested and detained for suspicious marriage with my current wife
Feb 2014 - had my son who is EEA national
May 2014 - Granted leave to remain outside immigration rule without applying.
July 2015 - Got married in Nigeria
Jan 2016 - had my second child
Jan 2017 - Applied for FLR
Oct 2017 - application refused....wife didnt have PR. I appealed
Dec 2017 - applied as Family member of EU national
March 2018 - Application granted till 2023

Longest battle of my life but thank God for His faithfulness

[kamoe]

Oct 2010 - entered UK under tier 2 visa categiry
April 2012 - visa expired
Nov 2012 - EEA 2 application submitted as non FM
2013 - Application refused and appealed.
Oct 2013 - Arrested and detained for suspicious marriage with my current wife
Feb 2014 - had my son who is EEA national
May 2014 - Granted leave to remain outside immigration rule without applying.

None of the above counts toward the 5 years you need for Settled Status

July 2015 - Got married in Nigeria

Did you move back to the UK after your marriage? When

Jan 2016 - had my second child
Jan 2017 - Applied for FLR
Oct 2017 - application refused....wife didnt have PR. I appealed
Dec 2017 - applied as Family member of EU national
March 2018 - Application granted till 2023

Where did you live during the above?

[Alex0226]

Thank you for your reply
I spent my whole time in UK since 2010. I only spent 2 weeks outside UK when i went for the wedding.
I went to Nigeria between mid july to end of july 2015. That was the only time i spent outside UK.

[kamoe]

I went to Nigeria between mid july to end of july 2015. That was the only time i spent outside UK.

Thanks for all your clarifications.
To answer your question, and to the best of my understanding:

Your clock starts at the end of July 2015, when you entered the UK as the spouse of an EU national. This means you will be entitled to Settled Status at the end of July 2020 (5 years from the end of July 2015). If you apply now, you will likely get Pre-Settled status.

[Alex0226]

Thank you for your reply Kamoe. With what i have read so far from this forum, i think resetting of clock only apply to permanent residence and not settle status otherwise majority wont qualify for it.
However, from your timeline where u thought you will be considered for presettle status rather, you were granted settled status just a similar case with me.
I want to believe settled status will be considered based on your continous residence in UK that was why the HO used HMRC on your own case to grant u settled status rather than your 3 years of your resident card.

[kamoe]

i think resetting of clockonly apply to permanent residence and not settle status otherwise majority wont qualify for it.

The moment your Tier 2 visa ended you broke a continuous period of time of legal residence. This means you have a gap between 2012 and 2014. You cannot count any time spent in the UK before 2014.

Now, as I have expressed in other topics, it is the common understanding of the members of this forum that you cannot combine time spend under other visa categories (or maybe even under LOTR) for the 5-years of Settled status, and this is why I consider that your stay between 2014 and 2018 does not count either. Again, this is only our common understanding, and a working theory, and until we have some empirical evidence of people getting Settled status in these circumstances, we need to operate under the assumption it does not count.

However, from your timeline where u thought you will be considered for presettle status rather, you were granted settled status

You are misunderstanding my post. I said I was offered Settled status at the end of the submission process. In other words, the app informed me that my application would be considered for Settled status. This does not mean that this is the status I will get. I am still waiting for the outcome.

just a similar case with me.

Your case is very special, as you have time spent under LOTR. I am not sure how that will be taken into account.

I want to believe settled status will be considered based on your continous residence in UK that was why the HO used HMRC on your own case to grant u settled status rather than your 3 years of your resident card.

Again, my application has not yet been decided.