Non EU presettled status family visa

[jayjay01]

Hi scholars,

I need your advice on two important questions.
First is, I am a non-EU which is member of household on my EEA brother. I got my BRP in Dec. 2019 and got my presettled status in July 2020. I got married to a non-EU outside the UK in Nov 2020. I am a qualified person with full time job of 22k per annum. I checked on the EU settlement and check if I need a visa to come to UK on because of my wife and settled or presettled status suggest she needs a family visa to come into the country.
My first question is, as a Non-EU with presettled status under EUSS, can she apply via family visa to join partner.

My second question is, I came to the UK in Nov 2016 for a conference and started living with my EEA national brother after the program and my name was on the house bill since then, but my BRP was gotten Dec, 2019. Can I apply for settled status after this November?

Thanks in anticipation.

[secret.simon]

As an EFM, your clock to Settled Status starts from the grant of EEA Residence Card or Family Permit, regardless of any earlier residence in the UK under any other visa. So you will be eligible for Settled Status after five years of that event, assuming that you meet the continuity of residence requirements (no more than six months in a year absence from the UK).

As a person on pre-settled status, you can't sponsor your wife until you acquire Settled Status. Your EEA citizen brother could have done so before 31st December 2020, but to the best of my knowledge, there is no current pathway for your wife to be sponsored as a spouse before your Settled Status.

She can of course come to the UK on her own steam, under a Tier 2 work visa or a Tier 4 overseas student visa.

[jayjay01]

Thank you very much for your advice.