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Hi I’m non eu national married to eu .
I got married in July 2017 I have 4 months left to apply for settled status. Is it possible to apply now or I need to wait until when I finish 5 years to apply

Thanks

Sidali42 wrote: ↑

Mon Mar 14, 2022 10:06 am

Hi I’m non eu national married to eu .
I got married in July 2017 I have 4 months left to apply for settled status. Is it possible to apply now or I need to wait until when I finish 5 years to apply

Thanks

You should apply when you are eligible. You will be granted the status you qualify for on the day your application is considered.

Apply too early, and you run the risk of getting pre Settled Status again.

Thanks for your answer . Because I have evidence that I lived with my partner one year before we get married in the register office but I was still overstayed on that time . I don’t know if that’s gonna work if I put it as evidence

Thanks again for your answer

Sidali42 wrote: ↑

Mon Mar 14, 2022 11:11 am

Because I have evidence that I lived with my partner one year before we get married in the register office but I was still overstayed on that time . I don’t know if that’s gonna work if I put it as evidence

Once gain, only time spent as the legally recognised family member of a EU national counts.

Time spent as the unmarried partner of a EU national without having a Residence Card as said family member, will not count. Even less, if you did not even had legal status in the UK during that time. Just cohabiting with a EU national does not automatically give you legal status. Marriage would have given you that status before Brexit, but just cohabiting would not.

Your 5 years start on the date of your wedding, therefore you are eligible on July 2022, not before.