Non EU family members in the UK

[tsw1999]

Hello Everyone,

I have a few questions with regards to my eligibility to settled status/ British citizenship as a family member of EU nationals.

I am a non-EU national to my EU civil partner.

We have both applied to the EU Settlement Scheme afterwards. My partner has obtained a pre-settled status, whilst I am still awaiting for a decision.

We take UK our home and decide to stay in this country permanently. However, there are problems that worries me and my partner a lot.

We are both currently doing a University degree course. After that, my partner must go back to his country for a period of 3 years due to the full scholarship of his degree. During this period, We are planning that I will be staying in the UK while my partner will go back to his country for this “imprisonment”.

But someone recently told me that I may lose the rights to reside in the UK AND so does my partner. This is because my partner is holding a pre settled status while I probably will hold the same thing. As he loses his pre settled status after absent in the UK for 2 years, I will automatically lose mine as well because my rights is relying on his nationality.

So, I would like to ask if anyone knows anything about this EU Settlement Scheme that may help my case.

Thank you so much.

[secret.simon]

When did your EU civil partner move to the UK? When did you move to the UK? When and where did you undergo the civil partnership ceremony?

he loses his pre settled status after absent in the UK for 2 years

Incorrect. He loses the pre-settled status/breaks the continuity of residence after an absence of six months.

While you are in a civil partnership with an EU citizen, and your residence is based on that relationship, then yes, your right to reside in the UK terminates if your EU civil partner leaves the UK.

The alternative is for you to apply for a visa/leave to remain under the UK Immigration Rules in your own right before he leaves the UK. You would need to look at getting sponsorship from a Tier 2 company or perhaps as a Tier 4 student.

[tsw1999]

Hi secret.simon,

Thanks for your reply.

My partner moved to the UK in 2016 and I moved here the year after under a Tier 4. We underwent civil partnership September this year in the UK.

My partner is expected to graduate at 2021 and unsure if he will be entitled to the settled status by the time since it’s just enough for that 5 years. He will be required to work in his home country for 3 years straight after graduation as one of the conditions of his scholarship.

During the period when he is not in this country, am I not allow to stay in this country even if I was granted a pre settled status? It is very inconvenient if both of us have to relocate and move all our stuffs away from this country for just 3 years, and not to mention that even my partner may not be able to re-enter this country if he is only granted a pre-settled.

[hashim1]

What country u from?