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Bit confused-should I have settled or pre-settled status?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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lolo82
Member
Posts: 143
Joined: Wed Feb 08, 2012 12:12 am
Canada

Bit confused-should I have settled or pre-settled status?

Post by lolo82 » Thu Mar 28, 2019 8:48 am

Hi all.

Hope some insight could be shed.

I received an rc in July 2012 based on a durable relationship.

I was married in Oct 2014.

In July 2017, I applied for PR and was given a second 5 year rc. I have tried for 1.5 years to sort the card as I was not told why I was not given PR.

At this point I have had a rc for 6.5 years now. I applied for settled status. I rang the helpline because I forgot to check what I would be granted. When I rang, I was told it would be pre-settled status as I have only been married for 4.5 years and have only held my rc for 1.5 years.

Seems they never linked my PR application (with my married name) with my 5 year unmarried partner card (with my maiden name).

Based on this, of everything had been done correctly, would I be eligible for settled status or would it be pre-settled based on how many years I've been married?

Thanks for any insight

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Bit confused-should I have settled or pre-settled status?

Post by kamoe » Thu Mar 28, 2019 1:04 pm

lolo82 wrote:
Thu Mar 28, 2019 8:48 am
Based on this, of everything had been done correctly, would I be eligible for settled status or would it be pre-settled based on how many years I've been married?
You are eligible for Settled Status, as you have spent more than 5 years legally under the EEA RC route. If you provide them copies of both of your RCs and maybe your marriage certificate/documents where it's clear you changed your name, and therefore proving both RCs belong to the same person, I see no reason why they would not solve this.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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