EEA Family Permit or EU Settlement Scheme?

[imjayp]

Hello,

With the introduction of the EU Settlement Scheme, I have been thrown into a quandary and was hoping someone will be able to answer my query.

My partner, an Italian citizen, and I, Indian, are planning to get registered in June. He is in London and has been living in the UK for four years and I am currently back in India after my Tier 4 leave lapsed in January. We gave the notice for registration in January and the schedule cleared in Feb.

The original idea was for me to fly back to UK in May on a Marriage Visitor visa, get registered, fly back to India, apply for the EEA Family Permit and then apply for the settlement scheme.

Given that my partner is already eligible for Pre-settled status, would it not be better for him to apply for it directly and then I apply as his family member once we get registered, instead of applying for the EEA Family Permit at all?

Would really appreciate any insight into this.

Cheers.

[Brassica]

Hi,

I had a very similar enquiry earlier this month, some of the replys might help you. My feeling from it is to just use the EU Settlement Scheme route if it’s still applicable at that time depending on how the brexit situation pans out over the coming month etc.

eea-route-applications/settlement-schem ... 76168.html

[imjayp]

Thank you so much! Your thread was quite reassuring in clarifying my doubts!

My only worry now is that if we apply for the Settlement Scheme after the registration and I am still on my Visitor visa will I have to leave the country and re-enter after the settlement has been granted or as the rights are automatic once I am a family member of an EU citizen, I get to stay on my existing leave, apply and continue to live in the UK.

[Brassica]

Thank you so much! Your thread was quite reassuring in clarifying my doubts!

My only worry now is that if we apply for the Settlement Scheme after the registration and I am still on my Visitor visa will I have to leave the country and re-enter after the settlement has been granted or as the rights are automatic once I am a family member of an EU citizen, I get to stay on my existing leave, apply and continue to live in the UK.

From what I have gathered, and being in a similar situation with being on a working visa currently, is that you will just be able to continue on here once the scheme returns a settled or presettled status. I believe as non-resident card holding, non-eu National EEU direct family members (quite a mouthful), we will receive a residence card after a successful application to facilitate border control/work applications more easily, someone feel free to correct me if I’m wrong.

Another angle at this too is that I think if there’s a hard brexit (no deal brexit) I think that you won’t be able to stay any longer that the visitor visa will be valid for if you haven’t received a decision? If there’s further brexit delays, you can as you will be exercising EU treaty rights.

I’m going to go through this process in early April so I’m happy to keep you informed with how it all goes if that’s any help.

[imjayp]

Omg that'll be amazing! Thank you so much!

I had the same idea and I guess probably that is how it should span out.

I doubt no deal is going to happen really but we all thought brexit wouldn't happen and here we are

It's frustrating with all the uncertainty and anxiety this is causing due to the lack of clarity around rules of Non-EU nationals and their family members. Hopefully the Gov will release something soon.

Wish you all the best for April and keep me posted!

Cheers.