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IMPORTANT UPDATE

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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settlement Scheme for non EU spouse

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  • Query settlement Scheme for non EU spouse

    Hello,

    I am a Portuguese citizen living in the UK with pre settled status. My wife is non EU citizen and due to covid we were only able to register our marriage last December here in UK.
    In order to register the marriage she had to travel here under a short stay fiancé visa. Originally we were planning for her to travel back after the registration so she could then apply for the EU family permit and move here permanently by obtaining the pre settled status like mine, however due to the new variants of covid that came up recently her home country closed the borders to passengers traveling from UK, has result she is still here.
    At the moment I am trying to get a flight at end of January or earlier February ( just received news that the restrictions on entry in her country got extended until at least 28th of January). Has it stands I fear we may not have enough time for her to go back to apply for a family permit and be able to return and apply for pre settled status, on the other hand I fear if I apply to pre-settled status now under the short stay visa we will get a rejection after 1 or 2 months. My question is if it's possible for her to apply for pre settled status under her current short stay fiancé visa instead of a family permit? Other than the visa issue I have all the documents and proof that would be required for the application itself.

    Look forward for your advise.

    Best regards

  • #2
    Originally posted by Picassinos37 View Post
    Hello,

    I am a Portuguese citizen living in the UK with pre settled status. My wife is non EU citizen and due to covid we were only able to register our marriage last December here in UK.
    In order to register the marriage she had to travel here under a short stay fiancé visa. Originally we were planning for her to travel back after the registration so she could then apply for the EU family permit and move here permanently by obtaining the pre settled status like mine, however due to the new variants of covid that came up recently her home country closed the borders to passengers traveling from UK, has result she is still here.
    At the moment I am trying to get a flight at end of January or earlier February ( just received news that the restrictions on entry in her country got extended until at least 28th of January). Has it stands I fear we may not have enough time for her to go back to apply for a family permit and be able to return and apply for pre settled status, on the other hand I fear if I apply to pre-settled status now under the short stay visa we will get a rejection after 1 or 2 months. My question is if it's possible for her to apply for pre settled status under her current short stay fiancé visa instead of a family permit? Other than the visa issue I have all the documents and proof that would be required for the application itself.

    Look forward for your advise.

    Best regards
    Morning,

    It is my understanding that close family members who were already in the UK before the end of last year can apply for pre-settled status even when they entered the country as visitors, it is only those who are outside the UK who need a family permit to travel here to join their family member if they didn't do so last year.

    I sent an enquiry to the Home Office EUSS team about this and got the following email this morning:

    I would point out that under the terms of the Withdrawal Agreement, an EU citizen resident here by the end of the transition period on 31 December 2020, and granted status under the EU Settlement Scheme, can be joined in the UK at any point in the future by their existing close family members (a spouse, civil partner, durable partner, child or dependent parent) who live overseas at the end of the transition period, where the relationship existed then and continues to exist when the family member seeks to come to the UK.

    That family member will be able to apply for status under the scheme to remain here with the EU citizen. They will need to provide proof as entitlement to apply as a family member of relevant EU citizen. They do not need to have entered the UK under the EU Settlement Scheme.
    In view of the above, I would suggest starting the application as opposed to leaving the country to obtain a family permit, and providing the relevant evidence of relationship (marriage certificate).

    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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