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There are provisions for late applications for those who missed the June 30th deadline. New Covid provisions for EU Settlement applications have been published. They include Provisions allowing an absence of over 12 months for people with pre-settled status, a provision for a second absence of up to 12 months and for choosing to spend time out of the UK over Covid related issues.

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Non-EEA member getting married in 2021 – future regulations

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  • LAWYER RESPONSE Non-EEA member getting married in 2021 – future regulations

    I have a partner who is non-EEA and we have been together for 7 years with the last 3 years living together in the UK. He has been working in a Tier2 visa from his employer from 2016.

    I have pre-settled status and our application to get my partner pre-settled status based on our ‘durable relationship’ was refused by the Home Office. And we realized that the deadline to apply for the EEA-residence card for my partner is the December 31st 2020. We wanted to submit the application for the EAA-residence, but we are having second thoughts.

    Regardless, we were planning to get married next year February, 2021. However, I don’t know if getting married in 2021 will make my partner eligible for the pre-settled status? Is it still necessary to apply for the EEA-residence card? Is there any guidance on this?

  • #2
    Originally posted by AND_2020 View Post
    I have a partner who is non-EEA and we have been together for 7 years with the last 3 years living together in the UK. He has been working in a Tier2 visa from his employer from 2016.

    I have pre-settled status and our application to get my partner pre-settled status based on our ‘durable relationship’ was refused by the Home Office. And we realized that the deadline to apply for the EEA-residence card for my partner is the December 31st 2020. We wanted to submit the application for the EAA-residence, but we are having second thoughts.
    Morning,

    Am I right in assuming you attempted to apply directly for pre-settled status without a residence card? Unfortunately a lot of people seem to think this is possible, in fact, unmarried partners can only apply under the EUSS after having their relationship confirmed under EEA rules, either with an EEA family permit if outside the UK or an EEA residence card in the UK. So the answer would be to make the EEA EFM application as soon as possible. You may want to consider using a lawyer to help you in view of the extremely limited time.

    Originally posted by Sbdk View Post
    H
    Regardless, we were planning to get married next year February, 2021. However, I don’t know if getting married in 2021 will make my partner eligible for the pre-settled status? Is it still necessary to apply for the EEA-residence card? Is there any guidance on this?
    Unfortunately the guidance says that the marriage should take place before the end of this year in order to be eligible to apply as a spouse, and spouses don't need the EEA card. So my first choice would be the EEA residence card application as durable partners as above.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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    • #3
      Tim M (lawyer) Would they still be able to make an EEA EFM application at this point? Would you agree with the above? As there's so little time!

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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      • #4
        Yes, we attempted to just apply directly for pre-settled status earlier in the autumn (the government web-page is a bit unclear as it states if you don't have a residency card you can apply without one, but that seems to be only for Irish people). Originally we had planned to get married this year already, but with Covid that didn't happen.

        We are now in the process of filling in the EEA EFM form (very last minute), but might have to get a lawyer involved for it because I feel it is tricky. With that I wonder if I'd have to apply for a registration certificate as they ask for evidence that I have the right to stay here (I work since 3 years for the NHS, but haven't been here for 5 years yet).

        We also have another option in that my partner has been in the UK on his Tier 2 visa (he is a scientist) for 5 years (at end of February) and could apply for either an extension to that or indefinite leave to remain through that. It is just a bit more expensive. Could the failed settlement scheme application affect this?

        Or as last resort we just go back home.

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        • #5
          the application for a residence card as the unmarried partner has to be submitted by 31 Dec 2020. The Irish citizen would just show proof of working in the UK and then you show that the relationship is durable - usually through comprehensive evidence of living together for 2 years. Bearing in mind that this would "restart the clock" and require the partner to live in the UK for 5 more years to secure ILR (through Settled Status), it might be good to also look at applying for ILR in February based on living in the UK for 5 years as a Tier 2 General visa holder.

          I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

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          • #6
            I assume the Irish citizen was not born in N Ireland for which different rules apply

            I am an Immigration Adviser with Commonwealth Immigration. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Tim M for full details.

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            • #7
              Thanks for your responses, we will look into indefinite leave to remain instead as that will give permanency immediately instead of in 5 years. Work could possibly pay the fee for ILR.

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              • #8
                Originally posted by AND_2020 View Post
                Thanks for your responses, we will look into indefinite leave to remain instead as that will give permanency immediately instead of in 5 years. Work could possibly pay the fee for ILR.
                Indefinite Leave to Remain also requires 5 years residence in the UK under one of the routes that leads to settlement in 5 years, such as a Tier 2 visa, as well as satisfying the language and LITUK requirements, salary requirements, etc. as noted here: You can apply if you have a Tier 2 (General) visa or a Skilled Worker visa - Find out if you can apply to settle in the UK - GOV.UK

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

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