Continuous 5 year period confusion HELP

[robsters]

Filling out the paper eu settlement form for my wife we returned from ireland together on sep 8th 2015....on the form section 8.3 & 8.4 it askings what is the length of your continuous qualifying period in the uk as a family member of the qualifying british citzenship .... then it says years and months now we got the card dec 2015 and it expires in dec 2020 but at the moment she been the uk 4 years and 10 months but by september this year it will be exactly 5 years.... my confusion is would we be better to send form off on exact 5 year anniversary coming into the uk from ireland? because rather apply for settled status then pre settle status have to go through 5 years all over again...if i am understanding this correctly?

then says if the time you have given at section 8.3 add up to 5 years ore more ( our case be less then 5 years at the moment as it be 4 years and 10 months) or if you believe you qualify for pre settled status and not settled status (well in our case we rather get settled status then go pre settled as it would mean going through the whole 5 years again? ? ) you can skip to 8.6.

to sum up should i just say we been here 5 years on the dot go for settled status and send this off on 8th september 2020 when 5 years is on that date this is what is confusing me as if i put 4 years 10 months and do it now send off i would have to go for pre settled status?

any help on this section would be great as i am very confused what i should do and what is the best thing to do as my wife sort of falls into this lucky gap where she gets 5 years continious stay in sep before her card expires on 15 dec 2020 before brexit happens.

[kamoe]

The key thing you need to understand is that if she gets granted Pre-settled status, she does NOT have to wait 5 years all over again to get Settled status. She would only have to wait whatever time is left to complete the 5 years (e.g. two more months), then she can re apply for Settled status then.

But... why don't you wait until September 2020 and apply then? Seems like she will both have completed the 5 years then and her card won't be yet expired. No need to apply just now.

[robsters]

The key thing you need to understand is that if she gets granted Pre-settled status, she does NOT have to wait 5 years all over again to get Settled status. She would only have to wait whatever time is left to complete the 5 years (e.g. two more months), then she can re apply for Settled status then.

But... why don't you wait until September 2020 and apply then? Seems like she will both have completed the 5 years then and her card won't be yet expired. No need to apply just now.

thank you, that was my thinking as well for the sake of 5-6 weeks from now we be at the 5 year deadline it seems crazy to apply now then go through it all again in a couple of months, do you believe there be enough time them them to process her application before her residence card expires on Dec 15th 2020

[kamoe]

do you believe there be enough time them them to process her application before her residence card expires on Dec 15th 2020

You seem to be assuming that if she applies now for the EUSS she will get a physical card. She will not.
The only case in which people get issued phisycal cards on the EUSS is when they do not already have a valid BRC, which I understand she has?

So what will happen is that, whenever she applies to the EUSS, be it for Pre-Settlement now or Settlement in September, she will NOT get ssued a card, but her current card willl still be her valid document. What she needs to do after she applies for the EUSS, is then apply to convert her EEA BRC into a EUSS card. See this post. She can only do this after she has status under the EUSS.

[robsters]

do you believe there be enough time them them to process her application before her residence card expires on Dec 15th 2020

You seem to be assuming that if she applies now for the EU Settlement Scheme she will get a physical card. She will not.
The only case in which people get issued phisycal cards on the EU Settlement Scheme is when they do not already have a valid BRC, which I understand she has?

So what will happen is that, whenever she applies to the EU Settlement Scheme, be it for Pre-Settlement now or Settlement in September, she will NOT get ssued a card, but her current card willl still be her valid document. What she needs to do after she applies for the EU Settlement Scheme, is then apply to convert her EEA BRC into a EU Settlement Scheme card. See this post. She can only do this after she has status under the EU Settlement Scheme.

thanks we thinking we should just get this sent off now and go for pre settled status then as sooner the better right and yeah she has a card already

[robsters]

but the card expires on dec 15th this year btw also she came into uk 8th sep 2015 so be 5yrs on sep so thats why not sure if we should just wait go for the settled status all in 1 go? is that a wise choice? the other problem thou we only got bank statements for her to july 2016 as she didnt have one when we first came in. my bank statements go back all the way and further though....but we have tickets or arrival and she gave birth to a child in Dec 2015 who has a british passport. just got form ready to send unsure about this pre settled or settled status i wish someone this forum could give a clear answer!

[kamoe]

but the card expires on dec 15th this year btw also she came into uk 8th sep 2015 so be 5yrs on sep so thats why not sure if we should just wait go for the settled status all in 1 go? is that a wise choice?

No one can tell you what the best option is for you personally. You have two options:

1. Apply now
pros: She'll get an status (Pre-Settled) under EUSS as soon as possible
cons: She'll have to apply twice: once now, then again when her 5 years are completed, to get full Settled status

2. Apply in September
pros: She'll only have to apply once then to get full Settled status
cons: She'll: have to wait a little longer before having status under EUSS

It is up to you. Either way is legal, either way is correct.

the other problem thou we only got bank statements for her to july 2016 as she didnt have one when we first came in. my bank statements go back all the way and further though....but we have tickets or arrival and she gave birth to a child in Dec 2015 who has a british passport. just got form ready to send unsure about this pre settled or settled status i wish someone this forum could give a clear answer!

She does not need necessarily bank statements. She needs to prove two things:

1. That you are still married as of the date of application
2. Her and your continuous residence in the UK throughout the 5 years she's claiming, and there is a number of other documents that are valid, that includes bills, e.g. council tax bill with her and your name name on it (good proof of residence); payslips, registration and/or confirmation of appointments to the GP. The EU Resolution center will let her know more details of valid documents upon request, and/or if needed when assessing her application.

[naa]

but the card expires on dec 15th this year btw also she came into uk 8th sep 2015 so be 5yrs on sep so thats why not sure if we should just wait go for the settled status all in 1 go? is that a wise choice? the other problem thou we only got bank statements for her to july 2016 as she didnt have one when we first came in. my bank statements go back all the way and further though....but we have tickets or arrival and she gave birth to a child in Dec 2015 who has a british passport. just got form ready to send unsure about this pre settled or settled status i wish someone this forum could give a clear answer!

I think you can apply for settled status now because according to the EU settlement guidance a Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period

[robsters]

ok great so could just apply for settled status? is it possible we applied for settled status there more risk of reject or would they just give pre settled status if they felt it wasnt enough time (should be enough time though)

[robsters]

but the card expires on dec 15th this year btw also she came into uk 8th sep 2015 so be 5yrs on sep so thats why not sure if we should just wait go for the settled status all in 1 go? is that a wise choice?

No one can tell you what the best option is for you personally. You have two options:

1. Apply now
pros: She'll get an status (Pre-Settled) under EU Settlement Scheme as soon as possible
cons: She'll have to apply twice: once now, then again when her 5 years are completed, to get full Settled status

2. Apply in September
pros: She'll only have to apply once then to get full Settled status
cons: She'll: have to wait a little longer before having status under EU Settlement Scheme

It is up to you. Either way is legal, either way is correct.

the other problem thou we only got bank statements for her to july 2016 as she didnt have one when we first came in. my bank statements go back all the way and further though....but we have tickets or arrival and she gave birth to a child in Dec 2015 who has a british passport. just got form ready to send unsure about this pre settled or settled status i wish someone this forum could give a clear answer!

She does not need necessarily bank statements. She needs to prove two things:

1. That you are still married as of the date of application
2. Her and your continuous residence in the UK throughout the 5 years she's claiming, and there is a number of other documents that are valid, that includes bills, e.g. council tax bill with her and your name name on it (good proof of residence); payslips, registration and/or confirmation of appointments to the GP. The EU Resolution center will let her know more details of valid documents upon request, and/or if needed when assessing her application.

to prove we are still married i assume we just inc council tax both our names and proof we still live together then?

and yeah we have pay slips for most year some were lost would we need to provide all payslips or just enough from that year? we mite have like 10 out the 12 some of it went electronic. would bank statements for 5yrs be ok to add in? safer bet? or to much documentation ?

[robsters]

but the card expires on dec 15th this year btw also she came into uk 8th sep 2015 so be 5yrs on sep so thats why not sure if we should just wait go for the settled status all in 1 go? is that a wise choice? the other problem thou we only got bank statements for her to july 2016 as she didnt have one when we first came in. my bank statements go back all the way and further though....but we have tickets or arrival and she gave birth to a child in Dec 2015 who has a british passport. just got form ready to send unsure about this pre settled or settled status i wish someone this forum could give a clear answer!

I think you can apply for settled status now because according to the EU settlement guidance a Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period

yeah it asks for years and months so it would be 4yrs and 11 months or wait another month be 5 years 0 months. would seem better to get it sent sooner rather then later but getting so close to 8th sep now and lack of clarity if 5 continuous years or 5 years or more from the date. from the way the form reads it sounds like has to be 5 yrs or more which would be 8th sep as it asks the date we both came back into the uk