Is duration of marriage a requirement for settled status?

[kamoe]

Obviously keep in mind every case is different but roughly speaking, yes, it is likely that you could be granted Settled status.

[Hwha11]

Hi gurus ,
Need help in one of my query , I m non eea family member already got PR , I am separated now and thinking to apply for settled status or naturalisation, is there any document or ID I need from my eea wife if I apply for settled status ?
Please guide thanks

[gini852]

>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?

[askmeplz82]

>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

[kamoe]

the main sticking point is if 5 years of UK residence are required, or 5 years since marriage and 5 years of UK residence?

5 years in the UK as a family member of a EU national. Up to you to interpret what that means to your case.

Every personal story is different; seems like the standard answer from the HO assumes a number of extremely generalized circumstances (such as couples arriving already married to the UK; not considering as common the case of people actually meeting and falling in love while in the UK!). So do not read the stand answer as something that necessarily describes your case, and interpret it to your personal circumstances, as follows:

If, when you arrived in the UK, you were already a family member of a EU national => Clock starts at date of arrival in UK (because this will mean that, after 5 years in the UK you will also complete 5 years in the UK as the family member of a EU national).

If you arrived in the UK under another status, for example, a Tier visa, and later, while still in the UK, you became the family member of a EU national => Clock starts on the date you became the family member of a EU national. (Because you need to meet the condition of being a family member of EU national for 5 years). No matter how long you have been in the UK, time spent under another immigration category will not count towards the 5 years, as you will not have been a family member of a EU national during that time.

When do you become the family member of a EU national? For example, date of marriage; or for the case of unmarried partners, date of issue of first EU Family Permit or Residence Card. Note that if you get married to a EU national you automatically become a family member of a EU national, regardless of whether your have another immigration status, e.g. Tier visa, that is still valid, hence why the marriage date is given as common reference clock start date.

[gini852]

>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

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?

[ariskar]

See Pages 38-39 of the caseworker guidance.

You are right, it is crystal clear... other visa's residencies are not of any good then...

Annex B: draft Immigration Rules for the EU Settlement Scheme

Eligibility for indefinite leave to remain
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

If condition 2 is met, it is sufficient, then condition 3 is not required to be met.

Therefore, if the non-EEA family member has indefinite leave to remain, they are not requred to fulfil the 5 year (from marriage) qualifying criterion. This is also crystal clear from the Immigration Rules of the EU Settlement scheme.

My wife applied 4 years after marriage, while holding ILR. Waiting for the decision to prove/disprove the aforementioned.

[ariskar]

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?

Case worker guidance link (EU Settlement) for various cases:

Guidance

[kamoe]

Therefore, if the non-EEA family member has indefinite leave to remain

If this is the case what is the point of applying for Settled status?

[ariskar]

Therefore, if the non-EEA family member has indefinite leave to remain

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.

1. It's free

2. My spouse has ILR as refugee, can be revoked if in the future she decides to visit home country. Also can obtain and travel out of CTA with home country passport and EU Settled status (ILR) BRC, does not need to apply for Convention travel document until she naturalises.

3. You can be absent for up to 5 years from UK before your settlement status lapsing.

4. You retain ILR BRP and EU Settled BRC under Appendix EU in parallel. Therefore you can also use national passport and EU Settled status BRC to travel out of CTA between Naturalisation ceremony and the first British passport is issued (2-6 weeks). The ILR BRP has to be returned within 5 days, no instructions on having to return EU Settled status BRC though (unclear).

5. Having 2 ILR/settled statuses provides additional immigration status legal protection of right to remain.

6. Renewing a lost/expired BRP is costly and takes long time. If you have 2 it is handy in the long term in case of losing or having to renew/replace one for whichever reason won't leave you stuck and unable to travel.

Obviously most benefits of getting EU Settled status are related to travelling and additional legal protection.

[ariskar]

7. It may enable reverse Surinder Singh like possibilities of migrating in other EEA states for the non-EU family member in the future subject to Brexit arrangements by EU/EEA states for family members of British citizens.

[kamoe]

5. Having 2 ILR/settled statuses provides additional immigration status legal protection of right to remain.

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.

But anyway, this is all very interesting. Let us know if you are successful in your outcome.

[ariskar]

5. Having 2 ILR/settled statuses provides additional immigration status legal protection of right to remain.

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.

But anyway, this is all very interesting. Let us know if you are successful in your outcome.

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.

[mats]

Tier 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 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.

[mats]

We 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.

If money is not an issue, go with the ILR in January next year...

Just to update.
We went for the Setlled status and it was granted to my husband, going from Tier 2 to Setlled.

[askmeplz82]

ust 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.

Your case is completely different ..

"'m a EU citizen with a non-EU husband with Tier 2 visa. We have been married for 12 years and we arrived in the UK in January 2015 "

you are family member for 10 years and living with eu citizen since 2015 ..