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gini852 wrote: ↑Thu Jun 27, 2019 7:16 am>This is the case I asked about... the main sticking point is if 5 years of UK residence are required, or 5 years since marriage and 5 years of UK residence?
I've called the Settlement Scheme hotline asking this question a few times and they seem very confused amongst themselves - I've gotten 4 different responses as to when the 5 years start. But whenever the question gets escalated to a supervisor, the response is always: "5 years since marriage (assuming you were both in the UK at the time and have resided here since)". Granted, supervisors may sometimes get it wrong as well... but so far, their response is in line with what secret.simon has pointed out.
BTW, the link that secret.simon posted to the caseworker guidance no longer works. Does anyone happen to have an updated link to it?
5 years in the UK as a family member of a EU national. Up to you to interpret what that means to your case.
Ok looks like there was some confusion - I wasn't posing a question in my post, but answering it. Thanks for the link - it gives an error message. Same issue on your side I'm sure?askmeplz82 wrote: ↑Thu Jun 27, 2019 1:01 pmgini852 wrote: ↑Thu Jun 27, 2019 7:16 am>This is the case I asked about... the main sticking point is if 5 years of UK residence are required, or 5 years since marriage and 5 years of UK residence?
I've called the Settlement Scheme hotline asking this question a few times and they seem very confused amongst themselves - I've gotten 4 different responses as to when the 5 years start. But whenever the question gets escalated to a supervisor, the response is always: "5 years since marriage (assuming you were both in the UK at the time and have resided here since)". Granted, supervisors may sometimes get it wrong as well... but so far, their response is in line with what secret.simon has pointed out.
BTW, the link that secret.simon posted to the caseworker guidance no longer works. Does anyone happen to have an updated link to it?
Page 39
It's always the case . you need to be EEA family member for 5 years even if you lived here in the UK 15 years
https://assets.publishing.service.gov.u ... h-v1.0.pdf
Annex B: draft Immigration Rules for the EU Settlement Scheme
If this is the case what is the point of applying for Settled status?
Non-exhaustive and specific to our case. I agree for 99% of people these are of low importance.
I don't think you can have two ILR at the same time. I might be mistaken, but I'm under the impression that you can only have one status under UK law. You can have concurrent statuses if one is under EU law and the other under UK law, like BRC (EU law) and Settled Status (UK law) at the same time; but not the case if you have already ILR (UK law) and are applying for Settled Status (also UK law). I would believe the new Settled Status would override the older ILR, if at all the application is accepted.
I thought the same. The EU resolution centre told us they would issue a new BRC in parallel with the ILR BRP. I will let you know.kamoe wrote: ↑Wed Jul 31, 2019 5:06 pmI don't think you can have two ILR at the same time. I might be mistaken, but I'm under the impression that you can only have one status under UK law. You can have concurrent statuses if one is under EU law and the other under UK law, like BRC (EU law) and Settled Status (UK law) at the same time; but not the case if you have already ILR (UK law) and are applying for Settled Status (also UK law). I would believe the new Settled Status would override the older ILR, if at all the application is accepted.
But anyway, this is all very interesting. Let us know if you are successful in your outcome.
Just to update on this.askmeplz82 wrote: ↑Tue May 07, 2019 4:57 pmTier 2 after 2011 ? Law have changed . If it was before 2011 then he can apply for ILR after 5 years. If he came after 2011 then under limited circumstance he can apply for ILR otherwise he can only stay 6 years with TIER 2 VISA. he must then switch to different immigration route.
Here for example he can switch to EEA route. IF he apply now he will be eligible for PRE SETTLEMENT / RESIDENCE CARD under EU LAW as an EEA family member. and 5 years after living in the UK he can apply for PR
under EU law because you both married outside the UK his 5 years will start from date he arrived in the UK
He can easily switch to Pre settlement now he can apply for SETTLED STATUS in february 2020
but i would recommend to switch to pre settlement
Just to update.jmedina wrote: ↑Tue May 07, 2019 8:03 pmIf money is not an issue, go with the ILR in January next year...mats wrote: ↑Tue May 07, 2019 7:42 pmWe came because of his job.
Not because of me. I didn't work until the end of 2016. And we didn't change the visa because of the uncertainty of Brexit. We didn't want him to depend on me.
The important thing for us is the fastest way to get ILR.
He can apply for ILR after 5 years, he complies with all the requirements.
What we don't want is to reset his clock if he goes for the settlement scheme.
So, either we go the costly route of ILR or settlement scheme without resetting his clock.
That's the advice I'm looking for.
thanks.
Your case is completely different ..mats wrote: ↑Wed Jan 29, 2020 1:40 pmust to update on this.
My husband clock didn't reset (Tier 2 to Setlled).
He has been granted Settled status. We never applied for Spouse Visa or whatever under EU law.
He had Tier 2 and we have been married for more than 10 years, and of course living for 5 years in the UK.