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Thank you for your quick response. So in short, Non EU with pre-settled status cannot get married to another non-EU person and sponsor under UK immigration?
Hold on to that thought, @CR001. I read somewhere recently (not sure if it was on these forums or elsewhere online) that the government has put forward amendments to the UK Immigration Rules to allow people with pre-settled status to sponsor non-British spouses on the same terms as settled peoples (i.e. effectively on FLR(M)). I'll see if I can find the link for that.
Thank you. Please share the link.secret.simon wrote: ↑Tue Dec 29, 2020 4:31 pmHold on to that thought, @CR001. I read somewhere recently (not sure if it was on these forums or elsewhere online) that the government has put forward amendments to the UK Immigration Rules to allow people with pre-settled status to sponsor non-British spouses on the same terms as settled peoples (i.e. effectively on FLR(M)). I'll see if I can find the link for that.
However, at the moment, @CR001's advice is correct.
I will not be too excited about this if I was you, it scope is limited. GEN 1.3(d) was inserted to include EEA national with pre-settled status. It does not cover non-EEA nationalsecret.simon wrote: ↑Tue Dec 29, 2020 4:31 pmHold on to that thought, @CR001. I read somewhere recently (not sure if it was on these forums or elsewhere online) that the government has put forward amendments to the UK Immigration Rules to allow people with pre-settled status to sponsor non-British spouses on the same terms as settled peoples (i.e. effectively on FLR(M)). I'll see if I can find the link for that.
However, at the moment, @CR001's advice is correct.
To the OP: I apologise for my incorrect advice. @CR001 is correct. You will only be able to sponsor your non-EEA spouse after you are granted Settled Status.(d) references to a person being “in the UK with limited leave under Appendix EU” mean an EEA national in the UK who holds valid limited leave to enter or remain granted under paragraph EU3 of Appendix EU to these Rules on the basis of meeting condition 1 in paragraph EU14 of that Appendix; and
Not sure whether this will be lawful though in relation to people with Retained right of residence, but we shall see what the courts have to say about this, in relation to equal treatment for beneficiary of the treaty provision.FM.5. For paragraph E-ECP.2.1(c), substitute: wrote: “(c) in the UK with refugee leave or with humanitarian protection; or
(d) in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3.(d); or
(e) in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay, in accordance with paragraph GEN.1.3.(e).”.
I think that the government's logic is that this provision essentially preserves the status quo.