Immigrationboards.com

27-03-2022 Application for Settled Status.
27-03-2022 COA

On 27-05-2022 Received a phone call from Home Office and was told that they won’t be able to issue me Settled Status now only because my present residence card would be expiring early July. Then only I would be granted settled status.

It’s when I’ve been with my partner more than 10 years and we’ve been living together since then. We are even married almost 5 years and I was issued residence card on basis of durable partner. We have a dual national kid. He’s British & European. It’s frustrating because it’s less than one and half month left when my present card would expire. They could have waited and then issued me in July but now I had to apply again and would have to wait again for two or more months for settle status.

Hi
I think you should apply when you finish 5 years from date you got your marriage certificate. I applied for my wife last year 3 months before she finished her 5 years and she got her settled status. I think it’s count from the time you got married. I also applied early let’s see what they gonna say ..

Ofm wrote: ↑

Fri May 27, 2022 12:49 pm

On 27-05-2022 Received a phone call from Home Office and was told that they won’t be able to issue me Settled Status now only because my present residence card would be expiring early July. Then only I would be granted settled status.

It’s when I’ve been with my partner more than 10 years and we’ve been living together since then. We are even married almost 5 years and I was issued residence card on basis of durable partner.

The 5 years clock start on the date that the family relationship began. For parent-offspring relationship, that's birth date (proven by birth certificate). For married couples, that's the marriage date (proven by marriage certificate).

For durable partners... well, dating or cohabiting isn't really a family relationship until it has been certified by a government official, so the only date agreed to be official is the date of issue of first EEA document, which in this case is the Residence Card. Time before that, even in a genuine relationship, does not count towards the 5 years, because it simply isn't a relationship legally proven.

Note that even if your relationship qualified as durable partner on the date you applied for your Residence Card, at that point no government official had gone through your application to confirm it represented a valid case. Therefore, your valid relationships starts not on the date of application for Residence Card, but on the date of issue of the card. You could think of the EEA Residence Card as a process of getting married that took the few months it took them to issue the card. Such is life.

And, yes, you are supposed to apply when you are eligible, not before.

Just to clarify: Having a Residence Card as an unmarried partner is not legally equivalent, and does not give you the same rights, as being married. I only meant it provides a legal document to prove that you are a family member, with a specific start date (just as a marriage certificate has a start date).

Thank you very much, I would apply earlier or in the middle of next month as my residence card would be expiring earlier July. I think that I would Withdraw present application because HO didn’t reply after the phone call. Once again thanks for your time and detailed response.

UPDATE

I applied again for settled status.

20-06-2022 Application for Settled Status.
20-06-2022 COA
11-07-2022 Received phone call from HO with a request email at 1446 UK time for further evidence which I forgot to add in hurry.

I uploaded with in half an hour and by 1600 UK time, I received email with confirmation of settled status. This was fast.

I checked online from HO website and it’s already updated as settled status. Thank you very much Home Office.

UPDATE

I applied again for settled status.

20-06-2022 Application for Settled Status.
20-06-2022 COA
11-07-2022 Received phone call from HO with a request email at 1446 UK time for further evidence which I forgot to add in hurry.

I uploaded with in half an hour and by 1600 UK time, I received email with confirmation of settled status. This was fast.

I checked online from HO website and it’s already updated as settled status. Thank you very much Home Office.

UPDATE

I applied again for settled status.

20-06-2022 Application for Settled Status.
20-06-2022 COA
11-07-2022 Received phone call from HO with a request email at 1446 UK time for further evidence which I forgot to add in hurry.

I uploaded with in half an hour and by 1600 UK time, I received email with confirmation of settled status. This was fast.

I checked online from HO website and it’s already updated as settled status. Thank you very much Home Office.