Question about residency requirements

[niloy]

I came to the UK in 2018 on a Student Visa but got my EEA Residence Permit in 2019.

Settled status requires 5 years of residency, so will be able to apply for it in 2023 or 2024? My confusion basically is whether my first year will be counted from the time I got the Residence Permit or from the time I landed in the UK.

[CR001]

EEA Residence Permit in 2019

On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??

[kamoe]

I thought you said in a previous post that you had settled status?

[niloy]

EEA Residence Permit in 2019

On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??

EEA Family Member, my step dad is a EU citizen

[niloy]

I thought you said in a previous post that you had settled status?

That was on behalf of someone else - my cousin. Just thought I wouldn't over complicate things by adding "on behalf of"

[secret.simon]

Just thought I wouldn't over complicate things by adding "on behalf of"

Always add that if you are asking on behalf of somebody else. Your post history will be looked at in order to give you a better more detailed answer.

As CR001 has asked above, how did your cousin acquire their EEA residence Permit? As the spouse or durable partner of an EEA citizen or under some other category?

[niloy]

Just thought I wouldn't over complicate things by adding "on behalf of"

Always add that if you are asking on behalf of somebody else. Your post history will be looked at in order to give you a better more detailed answer.

As CR001 has asked above, how did your cousin acquire their EEA residence Permit? As the spouse or durable partner of an EEA citizen or under some other category?

My cousin has a different equation than mine since he's a EU citizen. He got it through that.

I'm not a EU citizen my dad is, I came here in 2018 on a Student Visa from a non-EU country and got the Permit or Pre-settled status on 2019

[kamoe]

EEA Residence Permit in 2019

On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??

EEA Family Member, my step dad is a EU citizen

When did your step dad become your step dad? When did he arrive in the UK? Can you please give a detailed timeline of all this, mentioning at least the month and year of events?

[niloy]

EEA Residence Permit in 2019

On what basis did you qualify for an EEA Residence Permit? Spouse, unmarried partner or extended family member??

EEA Family Member, my step dad is a EU citizen

When did your step dad become your step dad? When did he arrive in the UK? Can you please give a detailed timeline of all this, mentioning at least the month and year of events?

Absolutely.
He arrived in the UK as a EU national around 2011. Married my mum in 2019.

I came in the UK in 2018 with a Student Visa, and obtained my EU Residence Permit or Pre-settlement in 2019 being a child of a EU national.

So my question now is, for counting residency years for my settlement, will they count from 2018 when I came with a Student Visa, or from 2019 when I got my pre-settlement?

[secret.simon]

The residency will count from the time you became the step-child/family member of the EU citizen.

As the EU citizen married your mother in 2019, your residency clock for the purpose of Settled Status will start from the date of marriage of your EU step-father and your mother. Your mother (assuming that she was already resident in the UK) and you can apply for Settled Status on the fifth anniversary of your mother and EU step-father's marriage.

[niloy]

The residency will count from the time you became the step-child/family member of the EU citizen.

As the EU citizen married your mother in 2019, your residency clock for the purpose of Settled Status will start from the date of marriage of your EU step-father and your mother. Your mother (assuming that she was already resident in the UK) and you can apply for Settled Status on the fifth anniversary of your mother and EU step-father's marriage.

Thanks for the clarification. If you don't mind me asking, on what basis have you figured this?

Because I called the EU Settlement Scheme twice and got two different answers each time, one said what you said and another person said if I can provide evidence I was there in the UK in 2018 (with the usual stuff like bank statement), then they'd also count 2018.

So are you saying this based on experience of seeing other cases like mine or is there a document somewhere outlining this rule?

[meself2]

The start of your qualifying period for settled status under EU11 is when you became a family member of a relevant EEA national.

[kamoe]

Because I called the EU Settlement Scheme twice and got two different answers each time, one said what you said and another person said if I can provide evidence I was there in the UK in 2018 (with the usual stuff like bank statement), then they'd also count 2018.

I have lost count of how many times I've seen messages here reporting that the EU Settlement Scheme contact centre tells wrong information.

So are you saying this based on experience of seeing other cases like mine or is there a document somewhere outlining this rule?

The post above wil give you vinny's very succint reference for the legal framework.

There are multiple examples in this site of people in your same situation:

• Person came on a Tier visa to the UK as non-EU national.

• Became family member of EU national some time after that.

• Applied to the Settlement Scheme thinking all their UK residency counts, but are told that only the years lived as EU family member count towards the 5 years needed for Settled Status.

If you want to read a fragment of an official decision letter, the most recent example of how the Home Office responds to those applications is here.

[niloy]

The start of your qualifying period for settled status under EU11 is when you became a family member of a relevant EEA national.

Thanks for the link

Because I called the EU Settlement Scheme twice and got two different answers each time, one said what you said and another person said if I can provide evidence I was there in the UK in 2018 (with the usual stuff like bank statement), then they'd also count 2018.

I have lost count of how many times I've seen messages here reporting that the EU Settlement Scheme contact centre tells wrong information.

So are you saying this based on experience of seeing other cases like mine or is there a document somewhere outlining this rule?

The post above wil give you vinny's very succint reference for the legal framework.

There are multiple examples in this site of people in your same situation:

• Person came on a Tier visa to the UK as non-EU national.

• Became family member of EU national some time after that.

• Applied to the Settlement Scheme thinking all their UK residency counts, but are told that only the years lived as EU family member count towards the 5 years needed for Settled Status.

If you want to read a fragment of an official decision letter, the most recent example of how the Home Office responds to those applications is here.

Ok thanks. One last question please. Does the clock start from the date their marriage was registered (July 2019), or from the month my pre-settlement got valid (December 2019)

[kamoe]

The residency will count from the time you became the step-child/family member of the EU citizen.

As the EU citizen married your mother in 2019, your residency clock for the purpose of Settled Status will start from the date of marriage of your EU step-father and your mother. Your mother (assuming that she was already resident in the UK) and you can apply for Settled Status on the fifth anniversary of your mother and EU step-father's marriage.

secret.simon already answered in quoted message above. Clearly on their wedding date, so July 2019.

That's why I was asking you to be specific about your timeline in months, not only years.

[secret.simon]

Clearly on their wedding date, so July 2019.

Assuming that she was already resident in the UK before the wedding of course.

[kamoe]

Clearly on their wedding date, so July 2019.

Assuming that she was already resident in the UK before the wedding of course.

Indeed. I Hence why I asked the OP for specifics on their and their parents timeline.

[CR001]

Clearly on their wedding date, so July 2019.

Assuming that she was already resident in the UK before the wedding of course.

Indeed. I Hence why I asked the OP for specifics on their and their parents timeline.

First sentence in OPs first post in this topic tells you the answer.

I came to the UK in 2018 on a Student Visa but got my EEA Residence Permit in 2019.

[kamoe]

Not really, no. That line didn't tell us the timeline of their parents wedding date (which we now know is July), or where that took place (which we don't. Was it in the UK or abroad?). We still don't know when the mother arrived in the UK, and on what type of visa/permit.

[CR001]

Additional, as this user has multiple usernames, they claim in another post this year that their EU national parent has died (who was also a British citizen).

general-uk-immigration-forum/need-an-ex ... l#p2082756

[niloy]

Clearly on their wedding date, so July 2019.

Assuming that she was already resident in the UK before the wedding of course.

If she did not have a legal visa before the wedding, how does that change the equation? Basically me and my mother both got the resident card around the same time. Except I had Student Visa before I had the card and she did not have any visa.

Does this change anything about when the clock starts?

[JB007]

Was your (deceased) stepfather born a British citizen?

[kamoe]

Clearly on their wedding date, so July 2019.

Assuming that she was already resident in the UK before the wedding of course.

If she did not have a legal visa before the wedding, how does that change the equation? Basically me and my mother both got the resident card around the same time. Except I had Student Visa before I had the card and she did not have any visa.

Does this change anything about when the clock starts?

The main point is, it's relevant to know when she was both a legal UK resident AND you step dad's wife. When both these conditions were met, assuming you were resident in n the UK on the date, that's when your clock starts.

If they got married abroad, then your clock starts when she arrived in the UK as your step dads wife.

If they got married in the UK, then your clock starts on their wedding date.

[kamoe]

.

[kamoe]

Was your (deceased) stepfather born a British citizen?

He arrived in the UK as a EU national around 2011.