Evening all, just wondering if you see a pathway to ILR given the following timeline?

[diego-560]

Hi guys. I've held a few different visas over the years, so not sure what pathways are open to me. Is there any way I can go for ILR?

Mar 2013 to Mar 2015 (Tier 5 Youth Mobility Visa)
- Entered the UK and worked full time as a young person.

Feb 2015 - Mar 2018 (Tier 2 General Visa)
- The job above ended up sponsoring me.

Jan 2017 - Dec 2021 (EEA EFM Visa)
- 2 years into sponsorship, I got an EEA EFM visa, as I am the partner of a European citizen (we have been living together since 2013). I got this visa as I really wanted to change my job, and this allowed me to do that. Unfortunately however the above visa will expire in a few months and naturally it seems I should apply for pre-settled or settled status. But I am thinking if I do that, they will probably only give me Pre-Settled status since I technically have only had an EEA visa for about 3 years or so, even though I have been in the UK for 7, nearly 8 years. If I can get ILR instead it looks like I can apply for citizenship earlier.

Questions If I may...?

* Do you see a pathway to ILR given the above timeline?

* My EU partner got a Permanent Residence Card in 2019, and in 2020 she completed the Life in the UK test and applied for citizenship. We are waiting for the outcome. Assuming this is successful and she becomes a citizen over the next few months, would I have a pathway to ILR through her?

Many thanks for your time, all!

[JB007]

You apply to the Settlement Scheme and will be given pre-settled status (LLR). Your time started under the EEA regulations when you were granted an RC as an EFM.

The EU RC is not a "visa" (that is UK immigration rules). If you look at all the other posts on this board, you cannot add time on UK visas to your time under EEA regulations, to make 5 yerars to be granted Settled Status (ILR).

It might be best to apply to the Settlement Schene asap as there will likely be a last minute rush and from 1 January 2021, you might need to prove you have pre-settled status for work, renting, NHS and study.

Having a British partner will not hasten your time to Settled Status (ILR).

[kamoe]

they will probably only give me Pre-Settled status since I technically have only had an EEA visa for about 3 years or so, even though I have been in the UK for 7, nearly 8 years.

Correct. Time spent in other immigration categories does not count towards the 5 years as EU family member needed for the Settlement Scheme. For similar and recent musings, please see this post.

* Do you see a pathway to ILR given the above timeline?

I see two paths:
1) Settled Status in January 2022, after completing 5 years as the family member of a EU national. Only time spent as family member of EU national counts.
2) ILR long residence in March 2023, after completing 10 years of legal residence in the UK. All time spent in all categories counts.

* My EU partner got a Permanent Residence Card in 2019, and in 2020 she completed the Life in the UK test and applied for citizenship. We are waiting for the outcome. Assuming this is successful and she becomes a citizen over the next few months, would I have a pathway to ILR through her?

Yes. There are both a caveat and an advantage of your partner becoming British Citizen:

Caveat: You now need to apply for a paper-based Lounes application when you apply for Settled Status, since she is now dual national. So, the route still open for you, but you can no longer do it online, and it reportedly takes longer.

Advantage: Once you get Settled Status, if you are either married or in a civil partnership with your partner at the time, you can apply for British citizenship straight away, no need to wait the usual extra year. See this post. NOTE: This does not apply if you are unmarried, you need to get married or form a civil partnership.