Settled Status via Surinder Singh Route HELP

[OluBalo]

Good day everyone,

So here's my story, I currently have pre-settled status which will expire in May 2025.

However come september 2024 I would have lived continuously in the UK for 5 years, so in September 2024 I will be due to apply for my settled status. If my calculations are correct (as some people says 5 years is counted from the day I was granted pre-settled, the date on my residence card and NOT the date i arrived to the UK).

I came back to the UK with my British citizenship partner, ( I am a non-eu or euss) via the Surinder Singh Route in 2019, once I arrived we applied for my pre-settled status via paper.

But the thing now is my partner who is a British citizen is no longer residing in the UK, (but we are still a couple), myself and our kids are still here in the UK.

My question is, come September can I still Apply for my settled status? On my own Knowing my British partner is not around ?

Do I apply calling them to send me a paper application? OR I can apply online

When submitting documents, do I have to also submit documents in he's name or just mine documents?

I don't know what the necessary documents are needed.

In my name I have my bank statements, mobile bill, two different water bills, can get a letter from our GP, council tax is in he's name and he has bank statements, mobile bill etc.

Please all advise will be well appreciated, thank you all in advance.

[OluBalo]

Oh, I forgot to mention that I have not worked since arriving in the UK, we have little ones I look after, school runs etc.

[seekingadvice87]

Hi,

If you're not married and you obtained pre-settled status as the durable partner of a British Citizen, I think the date on your card would then be when you start to count 5 years to apply for settled status if I'm not mistaken.

When did your partner leave the UK? Your status is based on the activities of the sponsor citizen in the country unless you have retained rights, then again, you have children and discretion may be exercised there.

You may need to show documents of you and your partner in the country.

Good luck.

[OluBalo]

Hi,

If you're not married and you obtained pre-settled status as the durable partner of a British Citizen, I think the date on your card would then be when you start to count 5 years to apply for settled status if I'm not mistaken.

When did your partner leave the UK? Your status is based on the activities of the sponsor citizen in the country unless you have retained rights, then again, you have children and discretion may be exercised there.

You may need to show documents of you and your partner in the country.

Good luck.

Hello @seekingadvice87, well my pre-settled was not based on durable, we are married, he left the uk in 2022. So my partner needs to be physically in tbe country before I can apply for my settled status? Or do you know if it's something I can apply for without him ?

[seekingadvice87]

Hi,

If you're not married and you obtained pre-settled status as the durable partner of a British Citizen, I think the date on your card would then be when you start to count 5 years to apply for settled status if I'm not mistaken.

When did your partner leave the UK? Your status is based on the activities of the sponsor citizen in the country unless you have retained rights, then again, you have children and discretion may be exercised there.

You may need to show documents of you and your partner in the country.

Good luck.

Hello @seekingadvice87, well my pre-settled was not based on durable, we are married, he left the uk in 2022. So my partner needs to be physically in tbe country before I can apply for my settled status? Or do you know if it's something I can apply for without him ?

Hi ya,

You count from the date of entry into the UK with your spouse if you were already married before entry or from the date of marriage if you moved via Surinder Singh with your British spouse. Your status is based on the activities of your spouse in the UK not elsewhere. Did you both live together for at least 1 year in the UK and have been married for at least 3 years before your spouse left the UK? As if that were to be the case then you would have retained your rights but if not, it might be tricky as he's meant to be in the country as that's how you have your rights to live here under EU law.

Let me know how it goes. Good luck!