EU Settlement scheme for non-eu/eea spouse

[shettys]

Hi,

I am an Indian national on a Tier 2 visa married to a British national (my husband got his British passport in July 2019). Please could you let me know if I am eligible to apply for an EU settled status as a non EU/EEA spouse.

From what I understand per the EU settlement scheme, Home office considers the beginning of the marriage as the beginning of the residency. We got married in June 2015, so I do qualify for this I will be eligible to apply June 2020.

Also if the above is possible and I do get my settled status under the EU settlement scheme, can i apply for my british passport immediately as I am married to a British citizens and do not have to wait for one year.

[Korekt]

See...

Who should apply
Except in a few cases, you need to apply if:
you’re an EU, EEA or Swiss citizen
you’re not an EU, EEA or Swiss citizen, but your family member is
The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

and...

Who else can apply

[ChugaLuvMe]

I may be mistaken but I don't think your British spouse can sponsor you under EUSS, instead you need to rely on your own residency. And I also think that even though you got married in 2015, HO will consider your residency to start whenever you first entered UK.

Of course if you and your British spouse lived in another EEA state together you can apply under the Surinder Singh route. Also it states..

"you’re the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship"

Not sure of your spouse's previous nationality but if it was EU, EEA or Swiss before he became British and he lived in the UK then yes you can also apply.

[shettys]

Thanks for your reply @ChugaLuvMe . Yes my husband does not have a EU/EEA or swiss citizenship in addition to his british passport, so guessing i cannot apply. All this is a bit confusing, but thanks for clearing it up