Non-EU getting married to EU citizen (settled status) AFTER 31 Jan 2020 eligible for pre-settled status?

[abhisheknitt]

I am a non-EU (Indian) national and would be getting married to my girlfriend (EU national with settled status) in February or March 2020. Would I qualify for the EEA family permit? There is a bit off confusion as some free movements rules are changing after January 31 2020. And I wanted to know if some rules change for those who "become relatives after January 31 2020". Are they also eligible for pre-settlement status?

I also have an Irish tourist visa, and being an Indian national, I am covered under the British Irish visa scheme to travel to the UK from Ireland. So can I simply travel to Ireland on my tourist visa after getting married, enter UK and apply for pre-settlement status there? Or do I have to apply for an EEA family card before from outside the UK?

Please help. Thanks!

[iwolga]

Please refer to gov.uk for the latest info. Do note that this is all subject to changes as situation progresses.

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
If the UK leaves the EU with a deal the deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if you’re the spouse or civil partner of a Swiss national).

If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:

your family member has either settled or pre-settled status
your relationship began before 31 December 2020 (or 31 December 2025 for spouses and civil partners of Swiss nationals)
you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent
If the UK leaves the EU without a deal the deadline for you to join your EU national family member in the UK is 29 March 2022.

If you‘re the close family member of a national from Norway, Iceland, Liechtenstein or Switzerland who is living in the UK, there’s no deadline for when you can join them if both:

your relationship began before the UK left the EU
you’re still in a relationship when you apply

https://www.gov.uk/settled-status-eu-ci ... ss-citizen

[iwolga]

I would strongly advise against using Ireland. Normal and legal route is to apply for FP in your country of origin/residence. Don’t ruin your immigration history with Irish tricks

[abhisheknitt]

I would strongly advise against using Ireland. Normal and legal route is to apply for FP in your country of origin/residence. Don’t ruin your immigration history with Irish tricks

Thanks a lot for your reply. I am now clear about my eligibility. But I don't understand why would entering through Ireland ruin my immigration history. I am allowed to visit UK on an Ireland tourist visa under the British Irish Visa scheme. Is there a particular requirement to have family permit before applying for pre-settlement?

The reason I am asking is that it would save the time and hassle for me. I've read a lot of posts about UK embassies creating trouble for family permit applicants and the long time it can sometimes take. My Ireland tourist visa is valid till 31st March 2020. So it is legal for me to enter UK from Ireland and remain in the UK till 31st March 2020. It is equivalent to being the UK on a tourist visa. So I was thinking of applying for pre-settlement status once in UK and before the visa expires.

Will it create suspicion in the minds of the case worker or does this actually violates any rule? That's what I was concerned about.

I want to know that if the disadvantage, if any, is that it creates suspicion or is there any actual rule which is being violated?

I would appreciate any help. Thanks!

[iwolga]

Well, "ruining" may be a bit of a strong word used by me. Nonetheless...

Your UK visa is visits visa. You are legally not allowed to enter UK with the intention to settle here using UK Visits visa.

The right way to apply for family permit is to apply outside of UK. You can only apply from UK if you are in UK on a different type of visa (eg Tier 2, working in UK, Student etc). Visit visa is explicitly excluded from that list.

If you tick all the boxes and provide required evidence, you will get family permit.

The hassle that you are talking about (travelling back home and waiting there) is nothing compared to the hassle\waiting HO creates when you wish to skip their rules. What will most likely happen is that you will apply, it'll take them some time to consider, then they will refuse and you will end up on the plane going to home country anyway. Well, unless you decide to overstay or appeal. First is illegal, the second will just waste your time.

BTW, if you plan to get married in UK, you also can't do it on your visits visa.

[abhisheknitt]

Well, "ruining" may be a bit of a strong word used by me. Nonetheless...

Your UK visa is visits visa. You are legally not allowed to enter UK with the intention to settle here using UK Visits visa.

The right way to apply for family permit is to apply outside of UK. You can only apply from UK if you are in UK on a different type of visa (eg Tier 2, working in UK, Student etc). Visit visa is explicitly excluded from that list.

If you tick all the boxes and provide required evidence, you will get family permit.

The hassle that you are talking about (travelling back home and waiting there) is nothing compared to the hassle\waiting HO creates when you wish to skip their rules. What will most likely happen is that you will apply, it'll take them some time to consider, then they will refuse and you will end up on the plane going to home country anyway. Well, unless you decide to overstay or appeal. First is illegal, the second will just waste your time.

BTW, if you plan to get married in UK, you also can't do it on your visits visa.

Thanks a lot!

[Richard W]

I would strongly advise against using Ireland. Normal and legal route is to apply for FP in your country of origin/residence. Don’t ruin your immigration history with Irish tricks

The OP's plan is lawful provided he doesn't lie to an immigration officer and didn't lie to obtain his visa. There are two issues:

(1) He may fall to be refused entry to the British Isles because he is not yet exempt from the UK Immigration Rules, but has attempted to enter the Common Travel Area with the intention of settling in the UK.
(2) While he may use his visa to board a ship or plane from the Republic to the UK, if challenged by an immigration officer he must explain that he intends to enter the UK on the basis of his right to accompany his wife to the UK. Unless his marriage is a marriage of convenience, once married he ceases to count as a visa national for the purposes of entering the UK from the Republic of Ireland (the Immigration (Control of Entry through Republic of Ireland) Order 1972, Article 2(1); and Immigration Rule 5) Note that the order has been amended so that for crossing the border on a 'local journey', EU citizens and their family members now have the same rights that originally only British and Irish citizens had.

Issue 1 would be solved if they first married outside the British Isles; they would need to bring their marriage certificate with them.