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Correct. You can attach your application to his, however, even if e qualifies for Settled status, you will only be granted Pre-Settled status (you need 5 years spent as the family member of an EU national to qualify for Settled status).
No need to apply for RC to apply for the Settlement Scheme.Or will I need to apply for a residence card before doing this?
When does your Tier 5 expire? And where are you getting married?Will there be a problem with me doing that while being here currently under Tier 5?
Thanks a lot for that info. The wedding is end of April and my visa expires mid May. It is a little fine, and I’m trying to see about moving the ceremony date forward. Getting married in London. (Have done necessary notice/ home office referral)
If the HO has already given the green light for the wedding to take place in April, you will be fine. When you get married you will be the direct family member of an EU citizen, an as such, as long as your husband continues to be a qualified person in the UK, you will have an automatic right to accompany him, and strictly speaking you will not immediately need any further documentation to remain legally in the UK.
In the event of a no-deal Brexit, would one still qualify if the wedding is after Brexit date? My understanding was that you'd have to be exercising treaty rights on Brexit day to qualify, but I've been wondering about this scenario. Do you have any source for this?kamoe wrote: ↑Mon Mar 04, 2019 10:50 pmIf the HO has already given the green light for the wedding to take place in April, you will be fine. When you get married you will be the direct family member of an EU citizen, an as such, as long as your husband continues to be a qualified person in the UK, you will have an automatic right to accompany him, and strictly speaking you will not immediately need any further documentation to remain legally in the UK.
You should, of course, apply for Pre-Settled status as soon as you can, as this will facilitate your life in a number of ways (prove your right to work, travel, and rent accommodation, for example), but you will have sometime before the hard deadline: December 31st 2021 if the UK comes out of the EU with a deal, or June 30th 2020 in the event of no deal (see info on when to apply for settled status here).
Good... question... In the event of a no-deal, if you were getting married abroad, and your Tier 5 was already expired, you would definitely need a Family Permit to regain access to the UK, and your previous automatic rights as the family member would no longer be automatic. But... given that you are getting married in the UK, I'm actually not sure if you can let expire your Tier 5.sfljiaf wrote: ↑Tue Mar 05, 2019 8:29 amIn the event of a no-deal Brexit, would one still qualify if the wedding is after Brexit date?kamoe wrote: ↑Mon Mar 04, 2019 10:50 pmIf the HO has already given the green light for the wedding to take place in April, you will be fine. When you get married you will be the direct family member of an EU citizen, an as such, as long as your husband continues to be a qualified person in the UK, you will have an automatic right to accompany him, and strictly speaking you will not immediately need any further documentation to remain legally in the UK.
You should, of course, apply for Pre-Settled status as soon as you can, as this will facilitate your life in a number of ways (prove your right to work, travel, and rent accommodation, for example), but you will have sometime before the hard deadline: December 31st 2021 if the UK comes out of the EU with a deal, or June 30th 2020 in the event of no deal (see info on when to apply for settled status here).
But, to be on the safe side, and unless someone else arguments otherwise, best to apply for your Pre-Settled status as soon as you get married. You would get it very quickly if you apply via the Android app (2 days in most cases), and you'll be covered.There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.
As the non-EU family member of an EU national, in a no-deal scenario, you qualify for Pre-Settled status if:My understanding was that you'd have to be exercising treaty rights on Brexit day to qualify, but I've been wondering about this scenario. Do you have any source for this?
Silly me, I just realized you can only apply with the app if you have a Residence Card, so I think you will need to send your documents by post. This will make the application processing time longer, but probably not much longer (?)
Ah yes I see, I did wonder about this too because when I apply I’ll technically still have a valid biometric residence card from my tier 5 and wondered if this would count for that.
The only way to answer this question with 100% certainty is to have been involved in the development of the Android app!
To the best of my understanding, there is no difference in technology used, between the test phase and the public phase, when the scheme opens fully. The only difference is that the latter allows you to send documents by post, so it could be inferred that the above means the Android app has been designed to check if the BRC is a EEA one, and only allow these, both in the test phase and when the scheme opens fully.Apply now
You can only apply in the test phase if you’re either:
a passport holder from the EU
a family member of someone from the EU, and you have a residence card with a biometric chip and ‘EU right to reside’ on the back
You’ll also need access to an Android phone to apply in the test phase.