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As per title, Just got my settled status as did my son. My wife in non EU and she joined me 4 years ago initially as non-EU family member and then later got her pre-settled status. Can she apply for settled status? or does she have to wait for 5y in the UK? (we have been married for 6y)

Thank you.

passerby wrote: ↑

Thu Feb 23, 2023 9:56 pm

does she have to wait for 5y in the UK?

Yes. To qualify for Settled Status, your wife needs to have resided in the UK as the spouse of an EEA citizen for at least five years.

Both the marriage and UK residence needs to be over five years and overlapping. Any period of marriage outside the UK does not count for the purpose of Settled Status. Any period of residence in the UK before the marriage to an EEA citizen also does not count for that purpose.

Both conditions need to be met for the same five years.

Thanks for the answer.

Considering that we might leave the UK in the summer just 3 months before she will complete 5y here. Can she apply 3 months early knowing that she is allowed to be 6 months outside of the UK?

If not, can she apply from outside the UK?

Can she apply 3 months early knowing that she is allowed to be 6 months outside of the UK?

No.

If not, can she apply from outside the UK?

Unlikely.