I understand from the guidance available online at GOV.UK that if “you’ll reach 5 years’ continuous residence at some point before 30 Dec 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.”
However, for a non-EU family member (husband of EU citizen) with a 5 year biometric residence card (vignette in passport) that expires on 1st December 2019. My question is how early before the “5 year anniversary” to apply for settled status?
1. Should you apply say a month before to ensure a response from Home Office in time before the BRC expires or do you think the settled status will be denied because strictly speaking (according to the immigration rules) to be eligible for ILR/Settled Status the Secretary of State must be satisfied, that, at the date of application, the applicant is a family member of a relevant EEA citizen and the applicant has completed a continuous qualifying period of five years and since then no supervening event has occurred.
2. Should you wait until the 5 year date written on the vignette in the passport to apply? With the risk of having problems at work and airports to proof the right to work and live with an expired BRC.
I just don’t want to be in a situation of being denied ILR/Settled Status because the caseworker is following the rules to the letter but also don’t want to wait until the BRC expires to apply.
I have read all the guidance available online and at this forum and I don't think this questions has been asked before. For a EU citizen is not a problem to wait till the 5 year date but for NON-EU family members this might be a risk?
- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222