British Citizenship or Settled/Presetled Status

[frantsii96]

Hi,

I am a family member of an EU citizen (Russian originally) and have a question regarding Pre-Settled/Settled status. I am not sure which category is most suitable for my application. The timeline of my residency is the following:

- 28/07/2015 - I moved to the UK as a postgraduate student (visa was valid until 30/01/2017)
- 02/01/2017 - I got married to an EU citizen who lives in the UK
- 01/08/2017 - I got my EAA Residence Card which is valid until 01/08/2022.

As you can see I have had continuous residency in the UK since 2015. Since it will be 5 years living in the UK on 28/07/2020 will I be entitled to apply for British Citizenship or Settled Status?

Thank you so much!

[secret.simon]

Hi,

I am a family member of an EU citizen (Russian originally) and have a question regarding Pre-Settled/Settled status. I am not sure which category is most suitable for my application. The timeline of my residency is the following:

- 28/07/2015 - I moved to the UK as a postgraduate student (visa was valid until 30/01/2017)
- 02/01/2017 - I got married to an EU citizen who lives in the UK
- 01/08/2017 - I got my EAA Residence Card which is valid until 01/08/2022.

As you can see I have had continuous residency in the UK since 2015. Since it will be 5 years living in the UK on 28/07/2020 will I be entitled to apply for British Citizenship or Settled Status?

Thank you so much!

You are not eligible for either British citizenship or Settled Status.

The earliest that you would be eligible for Settled status would be on the fifth anniversary of your wedding anniversary, when you will complete five years *as the family member of an EU citizen* (your time on the student visa does not count towards Settled Status).

The earliest that you would be able to apply for British citizenship would be one year after the grant of Settled Status, unless your EU spouse has acquired British citizenship in the meanwhile, in which case you would be able to apply for British citizenship immediately after being granted Settled Status.

[frantsii96]

Thank you for your reply.

I was pretty sure that I cannot apply for a citizenship until I spoke with my friend. We did Masters degree at the same time, after she got an exempt visa from her employer (not Tier 2) that is valid for 5 years. Once she got the visa, she contacted a lawyer to find out when she is eligible for a BC. It was confirmed that she can apply after 5 years residing in the UK and her studying time would be counted as well.

Later on I have found on GOV.UK the following "prove you were in the UK exactly 5 years before the day the Home Office receives your application". Again, they do not specify that it has to be only EEA route...

[CR001]

People on exempt category visa follow a slightly different route/rules to everyone else. So best to not assume the same applies to everyone.

For citizenship, you need evidence of settled status being held for at least 12 months if not married to a British citizen and you must have been present exactly 5 years ago on the date you apply, regardless of EU route or normal UK immigration route.

[secret.simon]

Later on I have found on GOV.UK the following "prove you were in the UK exactly 5 years before the day the Home Office receives your application". Again, they do not specify that it has to be only EEA route...

You are conflating two separate and distinct requirements.

In order for you to apply for British citizenship, you need to meet multiple requirements, including
a) Having at least five years residence in the UK, with
b) Physical presence in the UK at the start of the five year period, and
c) Having held settled status (ILR or PR) for at least one year before the date of application for naturalisation.

In order to get Settled Status, you need to have been married to an EEA citizen for at least five years.

Once you get Settled Status, you need to wait a further year, as mentioned above.

The requirement of being married to an EU citizen has noting to do with nationality law, but with acquiring Settled Status. However, the latter is a requirement for nationality law.

she got an exempt visa from her employer (not Tier 2) that is valid for 5 years. Once she got the visa, she contacted a lawyer to find out when she is eligible for a BC. It was confirmed that she can apply after 5 years residing in the UK and her studying time would be counted as well

The laws and rules regarding somebody on an exempt visa are different to those on Pre-Settled Status.

As I understand it (and I could be wrong as exempt visas are very rare on these forums), an exempt visa is the equivalent of Settled Status. So your friend has already reached Settled Status and can apply for naturalisation immediately after finishing five years residence in the UK.

You are not on the same pathway as her.

EDIT: Overtaken by CR001's short and sweet response.

[frantsii96]

I believe this year I can apply for Settled status? It will be 5 years in total living In the UK...

[secret.simon]

I believe this year I can apply for Settled status? It will be 5 years in total living In the UK...

As already mentioned, you need five years of being married to an EEA citizen for Settled Status. Residence in the UK on other visas does not count.

[frantsii96]

Later on I have found on GOV.UK the following "prove you were in the UK exactly 5 years before the day the Home Office receives your application". Again, they do not specify that it has to be only EEA route...

You are conflating two separate and distinct requirements.

In order for you to apply for British citizenship, you need to meet multiple requirements, including
a) Having at least five years residence in the UK, with
b) Physical presence in the UK at the start of the five year period, and
c) Having held settled status (ILR or PR) for at least one year before the date of application for naturalisation.

In order to get Settled Status, you need to have been married to an EEA citizen for at least five years.

Once you get Settled Status, you need to wait a further year, as mentioned above.

The requirement of being married to an EU citizen has noting to do with nationality law, but with acquiring Settled Status. However, the latter is a requirement for nationality law.

she got an exempt visa from her employer (not Tier 2) that is valid for 5 years. Once she got the visa, she contacted a lawyer to find out when she is eligible for a BC. It was confirmed that she can apply after 5 years residing in the UK and her studying time would be counted as well

The laws and rules regarding somebody on an exempt visa are different to those on Pre-Settled Status.

As I understand it (and I could be wrong as exempt visas are very rare on these forums), an exempt visa is the equivalent of Settled Status. So your friend has already reached Settled Status and can apply for naturalisation immediately after finishing five years residence in the UK.

You are not on the same pathway as her.

EDIT: Overtaken by CR001's short and sweet response.

As I understand correctly there are 2 ways:
1) Apply for ILR after 5 years being present in the UK or
2) Apply for Settled status ONLY after 5 years being married to EU citizen?

[CR001]

1) Apply for ILR after 5 years being present in the UK or

This only works if you have held a qualifying visa for 5 years under the UK immigration rules. Student visas don't lead to ILR based on 5 years residence either. Simply being present in the UK or living in the UK is not sufficient.

2) Apply for Settled status ONLY after 5 years being married to EU citizen?

Yes.

[secret.simon]

1) Apply for ILR after 5 years being present in the UK

If you want to merge periods of residence in the UK on multiple different routes (in this case, a student visa and as family member of an EEA citizen) to get to ILR, you need to wait for 10 years, not 5 years.

As an aside, a student visa only qualifies for ILR after 10 years, not 5. So, even if you remained as a student repeatedly, you would only be able to apply for ILR after 10 years.

The quickest way for you is to apply for Settled Status in 2022 and naturalisation in 2023..

[frantsii96]

1) Apply for ILR after 5 years being present in the UK

If you want to merge periods of residence in the UK on multiple different routes (in this case, a student visa and as family member of an EEA citizen) to get to ILR, you need to wait for 10 years, not 5 years.

As an aside, a student visa only qualifies for ILR after 10 years, not 5. So, even if you remained as a student repeatedly, you would only be able to apply for ILR after 10 years.

Thank you! It makes sense now. My friend just confused me with her situation and I got excited having a chance to apply earlier...

Since I have my EEA RC do I need to change to Pre-Settled status or I can have it until it expired in 2022?

[Zerubbabel]

Since I have my EEA RC do I need to change to Pre-Settled status or I can have it until it expired in 2022?

I recommend you apply under the EU Scheme asap. At this time, employers are already asking EU residence holders (and even EU citizens) to show proof of Settled/Pre-Settled status.

As it stands, your residence card under EU rules is valid until 31/12/2020 even if the date displayed on it goes beyond. It will take you literally 20 minutes to apply for the pre-settled status.

[frantsii96]

Thank you guys it was very helpful!

Unfortunately, there is no way to make it quick