Post
by Gs7489 » Sun Dec 18, 2022 7:21 pm
I applied in Feb 22 after already holding eea permit as durable partner until 2023. Our relationship started in 2016.
Home office sent this as I didn't sent them my cohabitation documents as I already have eea resident permit based on it.
Letter said
Consideration has been given as to whether you qualify for settled status on the basis of
completing a continuous qualifying period of five years’ residence in the UK and Islands.
A five-year continuous qualifying period means that for five years in a row, you were any
combination of the following:
a relevant EEA citizen;
a family member of a relevant EEA citizen;
a family member who retained the right of residence by virtue of a relationship with a
relevant EEA citizen;
a person with a derivative right to reside;
a person with a Zambrano right to reside;
a family member of a qualifying British citizen;
a family member who retained the right of residence by virtue of a relationship with a
qualifying British citizen,
and in the UK and Islands for at least six months in any 12-month period. An exception to
that is one period of up to 12 months absence from the UK and Islands for an important
(for example pregnancy, childbirth, serious illness, study, vocational training or an
overseas work posting or because of COVID-19). Other exceptions due to the impact of
COVID-19 are set out in the definition of "continuous qualifying period” in Annex 1 to
Appendix EU, or an absence of any length:
on compulsory military service; or
on a posting on Crown service, including as a member of HM Forces; or
as a spouse, civil partner, durable partner or child, accompanying a person on
Crown service, including as a member of HM Forces; or
spent working in the UK marine area (as defined in section 42 of the Marine and
Coastal Access Act 2009).
However, the evidence available to us does not show that you have resided in the UK for
five years. Therefore, you do not meet the requirements for settled status based on a
continuous qualifying period of five years
Does that mean I can get settled status even if I don't have current relationship evidence if I send them my continous residence evidence. I have been living in the UK from 2010 and resident card was issued in 2018
Any advice would be helpful