Citizenship and pre-settled status

[luke000]

I have pre-settled status as a durable partner. My partner has settled status and is now considering dual citizehship.
How will my partners citizenship affect my pre-settled status?

We are getting married next year. Can I apply for ILR sooner or do I continue on the settled status route?

I was on an ancetry visa for 5 years, now pre-sttled status for 1 year.
We couldn't afford my ILR at the time and decided to go the eu-settlement route.
Now in a better position financially, can I still apply for ILR or has that ship sailed?

[CR001]

How will my partners citizenship affect my pre-settled status?

It shouldn't as presumably your partner will also still be an EU citizen.

We are getting married next year. Can I apply for ILR sooner or do I continue on the settled status route?

No shortcut. You need 5 years on pre-settled status.

I was on an ancetry visa for 5 years, now pre-sttled status for 1 year.
We couldn't afford my ILR at the time and decided to go the eu-settlement route.
Now in a better position financially, can I still apply for ILR or has that ship sailed?

No you can't apply for ilr as you no longer hold an ancestry visa as presumably that has already expired.

[Obie]

It seems to me, that a person who has spent 5 years on Ancestry can qualify for ILR subsequently, even though their most recent leave is not Ancestry.

I cannot see a reason why OP will not fulfill the requirements of 192. He clearly meets 186 (i) to(v).

He did claim he works now and in a stronger financial position.

I am sure he will be able to pass life in the UK


He will not be precluded as a result of having applied in another group, provided he is in the UK lawfully, which he seems to be.

https://www.gov.uk/guidance/immigration ... -in-the-uk

[luke000]

Thanks for your replies, much appreciated.

So just out of interest. A person (non-EEA) would lose their pre-settled status if their partner got UK citizenship? I'm a bit surprised if that's the case, surely there's going to be many people in that position.

Regarding the Ancestry, yes it has expired. There was a couple months left on it when I got pre-settled.
I'm self-employed, but did claim universal credit during lockdown. I have 6 years continuous legal residence.
I thought it was possible to combine visas for ILR? What do you think my chances are going this route?
We are in a better position, but 2.5k is still a lot of money for us, so I'd want to be sure.

[secret.simon]

A person (non-EEA) would lose their pre-settled status if their partner got UK citizenship? I'm a bit surprised if that's the case, surely there's going to be many people in that position.

That was formerly the case under the EEA Regulations, but it no longer is.

I thought it was possible to combine visas for ILR?

It is possible to combine visas for ILR, but only on a 10 year Long Residence route. For ILR on five year routes, you need to have five years of visas under the same or very similar permitted routes (so some-not all-PBS routes used to allow other PBS Tiers to be included for the purposes of ILR).

[JB007]

Regarding the Ancestry, yes it has expired. There was a couple months left on it when I got pre-settled.
I'm self-employed, but did claim universal credit during lockdown.

Interestingly, under the Withdrawal Bill you could have claimed from the UK's welfare benefits during the transition period, until 31 Decemebr 2020. But as your Universal Credit claim would have had to be a joint claim with your partner, your partner working would likely have meant you couldn't have Universal Credit money as your partner would be expected to keep you. Did you claim as a partner and does your partner work?

[vinny]

It seems to me, that a person who has spent 5 years on Ancestry can qualify for ILR subsequently, even though their most recent leave is not Ancestry.

I cannot see a reason why OP will not fulfill the requirements of 192. He clearly meets 186 (i) to(v).

He did claim he works now and in a stronger financial position.

I am sure he will be able to pass life in the UK


He will not be precluded as a result of having applied in another group, provided he is in the UK lawfully, which he seems to be.

https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-5-working-in-the-uk

Yes. The Guidance also agrees ( Historical periods of leave).

[luke000]

Interestingly, under the Withdrawal Bill you could have claimed from the UK's welfare benefits during the transition period, until 31 Decemebr 2020. But as your Universal Credit claim would have had to be a joint claim with your partner, your partner working would likely have meant you couldn't have Universal Credit money as your partner would be expected to keep you. Did you claim as a partner and does your partner work?

Sorry, I'm not sure what you getting at?

Yes it was a joint claim, partner of settled EU citizen who is working full-time, which was reflected in the small amount received. All necessary checks done and approved by DWP. All above board.

[luke000]

Yes. The Guidance also agrees ( Historical periods of leave).

Thanks vinny. Looks very promising. It says:

There is no requirement for the applicant’s most recent grant of leave to have been in the UK ancestry category – they can rely on an earlier 5-year period of UK ancestry leave to qualify for settlement, even if they have since been granted leave in another category.

[Obie]

It seems to me, that a person who has spent 5 years on Ancestry can qualify for ILR subsequently, even though their most recent leave is not Ancestry.

I cannot see a reason why OP will not fulfill the requirements of 192. He clearly meets 186 (i) to(v).

He did claim he works now and in a stronger financial position.

I am sure he will be able to pass life in the UK


He will not be precluded as a result of having applied in another group, provided he is in the UK lawfully, which he seems to be.

https://www.gov.uk/guidance/immigration ... -in-the-uk

Yes. The Guidance also agrees ( Historical periods of leave).

Thanks for digging that up. I was not even aware of the existence of a guidance, but the plain reading of the rules, indicates such restrictions cannot be imposed.

[JB007]

Interestingly, under the Withdrawal Bill you could have claimed from the UK's welfare benefits during the transition period, until 31 Decemebr 2020. But as your Universal Credit claim would have had to be a joint claim with your partner, your partner working would likely have meant you couldn't have Universal Credit money as your partner would be expected to keep you. Did you claim as a partner and does your partner work?

Sorry, I'm not sure what you getting at?

Yes it was a joint claim, partner of settled EU citizen who is working full-time, which was reflected in the small amount received. All necessary checks done and approved by DWP. All above board.

It sounds like your partner is also a low earner if you got a UC amount. Perhaps you should have asked Citizens Advice for a benefit check before claiming, as they know about the new wefare legislation? Then you could have made an informed choice on whether to claim UC and receive "the small amount". The EU saying the UK must give you welfare benefits, together with the coronavirus and the UK ignoring the MIF (Minimum Income Floor) for the self employed for a short while, might not have helped you for any future benefit claims, depending on the wording of the expected new legistation.


You couldn't claim Contribution based benefits such as New Style Jobseeker's Allowance (which didn't take account of your partners salary) because you only would have paid the low Type 2 National Insurance Contributions.

[Elderflower5]

Wait, so am I correct in understanding that I can apply for Indefinite Leave to Remain based on my Ancestry Visa even if I have switched to presettled status? My Ancestry Visa is valid until 2022, I switched to presettled status last year. I think ILR based on an Ancestry Visa is preferable to settled status as it seems to make it easier to apply for citizenship with ILR.