How do non-EU citizens with pre-settled status bring their non-EU spouse?

[abhisheknitt]

If a non-EU citizen was granted pre-settled status because of being son of an EU citizen (also pre-settled) now wants to marry a non-EU citizen, what visa should be applied by the spouse? The obvious obviously doesn't qualify under the EU route as the marriage would happen now, so the relationship would start after 20 December 2020.

On the family visa page on UKVI, spouse of EU citizens with pre-settled status are mentioned as those who are eligible for the family visa.

But what about non-EU citizens with pre-settled status? Please help as I couldn't find the relevant visa category.

Thanks

[CR001]

You can only sponsor a spouse once you have settled status. You then apply for a spouse visa under appendix FM.

[abhisheknitt]

Thanks for your reply. So there is no way for a spouse to join their non-EU spouse with pre-settled status in the UK, apart from say, skilled worker visa? I mean even those on work-visas can bring their spouse to the UK. And even students in postgraduate courses can too. So why are non-EU citizens on pre-settled status who have been being given the right to live and work freely in the UK kept from family reunion? Have there been any other discussions on this topic (on this forum or in the general public discourse)?

[secret.simon]

Thanks for your reply. So there is no way for a spouse to join their non-EU spouse with pre-settled status in the UK, apart from say, skilled worker visa? I mean even those on work-visas can bring their spouse to the UK. And even students in postgraduate courses can too. So why are non-EU citizens on pre-settled status who have been being given the right to live and work freely in the UK kept from family reunion? Have there been any other discussions on this topic (on this forum or in the general public discourse)?

Not all visas allow their holder to sponsor their spouses. Most people on the 10 year FLR-FP route under the UK Immigration Rules can't sponsor their spouses until after they get ILR.

And even under the old EEA Regulations, under EU law, non-EEA dependents of EEA citizens could not sponsor their spouses directly/based on their own dependent right to reside in the UK. They could only be sponsored as family members of the original EEA citizen and had to meet all the requirements (such as financial dependency) of that relationship. And people living in the UK on retained right of residence (such as non-EEA citizens who had divorced their EEA citizen spouse) could not sponsor their subsequent spouses until they acquired PR under the EEA Regulations.

Re family reunion, that is not really a thing in UK immigration law. Even British citizens don't have a right to family reunion if they can't meet the requirements of the UK Immigration Rules. See this post in a thread about a British citizen who is having challenges sponsoring their spouse to the UK.

[shade]

Hi abhisheknitt,
I'm on a similar situation. Currently on 10 year route to settlement and marrying from abroad. It lools like there are no routes to bring partner to uk even though every other category of leave have this right. The only people excluded are visitors and some short term visa holders. If you found any solution please share. I ll also update if i manage to get a response from the home office on this