EU Scheme Pre-Settlement Divorce

[adil8uk]

My Friend Case;
1)She is an Indian Citizen and Married to EU Portuguese Citizen due to domestic violence in June 2021 she has separated and Council legal services help her to get EU Scheme Pre-Settlement Residence Card in Sep 2021. 2)Divorce is under process and one child is there with the previous marriage.
3)She is claiming benefits and not working.
4)she met a new partner dating the website Indian International Student and married in Masjid in June 2022. she's pregnant with 2nd baby and her new husband's visa is expiring in Jan 2023. and He's working a part-time cash-in-hand job.
5) Can she able to sponsor him as a partner and which application does she has to complete? EU Pre-Settlement Scheme or Human Rights extra...
Please give the Application name and link.
6)Do she need to show the funds or £18600 per annum financial requirement, pay IHS fee or fee waiver option available?
7)She have some documents for address proof, NHS pregnancy document, and pictures. Do they require any other documents.

[kamoe]

She cannot sponsor anyone, as she's not a EU citizen herself.

Her Pre-settled status might be valid until expiration day, if she does not exceed the allowed absences; but after that, she won't be able to switch to Settled Status, since she is no longer married to a EU national.

Given she's not working, and her new husband is; it would seem that he's the breadwinner and thus the one who is more likely to get a visa to sponsor her, not the other way around.

The EUSS won't be their route, I'm afraid.

[kamoe]

OK, I need to correct something: She might be eligible to switch to Settled Status when she completes her 5 years, as domestic violence victims don't need to meet the condition of still being a family member of a EU citizen.

However, the central answer holds: she won't be able to sponsor anyone through the EUSS, as only relevant EU nationals can do it.

If she's able to switch to Settled Status, and only when she has Settled Status, then she'll be able to sponsor a partner through the general family visa, but not through the EUSS.

[goodpartner]

Kamoe

OK, I need to correct something: She might be eligible to switch to Settled Status when she completes her 5 years, as domestic violence victims don't need to meet the condition of still being a family member of a EU citizen.

However, the central answer holds: she won't be able to sponsor anyone through the EUSS, as only relevant EU nationals can do it.

If she's able to switch to Settled Status, and only when she has Settled Status, then she'll be able to sponsor a partner through the general family visa, but not through the EUSS.

Even if she had not been a domestic-violance victim, she can obtain settled status based on retained rights if the had been married for 3 years and 1 year living in the UK.

Her new husband though, can only apply to join her once she receives Settled status

[JB007]

Her new husband though, can only apply to join her once she receives Settled status

And only if she can afford to sponsor him.

3)She is claiming benefits and not working.

[adil8uk]

Marriage held in Aug 2020


Can he able to apply "person with pre-settled status under the EUSS in the UK".

Application to remain in the UK on the basis of family life or private life
You can apply to remain in the UK as the family member, partner or child of a:

#British citizen
#person settled (with indefinite leave to enter or remain) in the UK
#person with pre-settled status under the EUSS in the UK
#person who has refugee leave or humanitarian protection in the UK
#person who has leave as a Turkish ECAA worker or business person in the UK

[JB007]

3)She is claiming benefits and not working.
4)she met a new partner dating the website Indian International Student and married in Masjid in June 2022. ... He's working a part-time cash-in-hand job.

I'm assuming she claimed welfare benefits as a single person when her marriage ended. If she is, has she reported that she now has a partner, to all the relevant benefit agencies?
The DWP for Universal Credit?
Her council, for Council Tax Reduction and the 25% single person discount?
HMRC for Child Benefit?
Any other benefits she is claiming?

It is benefit fraud if a partner is not reported to the benefit agencies.

If he has to leave the UK, she can then advise all the benefits agencies accordingly.

https://www.gov.uk/government/publicati ... or-couples

https://www.gov.uk/report-changes-child-benefit

https://www.gov.uk/benefit-fraud

[kamoe]

Can he able to apply "person with pre-settled status under the EUSS in the UK".

As far as I can read from the family visas page, having Pre-settled status is condition enough ONLY for EU sponsors. For non-EU nationals, as the wife in this case, she needs to have settled status to be able to sponsor:

Your partner must also either:

be a British or Irish citizen

have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence

be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021
have a Turkish Businessperson visa or Turkish Worker visa

have refugee status or humanitarian protection in the UK

With regards to:

Application to remain in the UK on the basis of family life or private life
You can apply to remain in the UK as the family member, partner or child of a:

#British citizen
#person settled (with indefinite leave to enter or remain) in the UK
#person with pre-settled status under the EUSS in the UK
#person who has refugee leave or humanitarian protection in the UK
#person who has leave as a Turkish ECAA worker or business person in the UK

From where are you quoting the text above? (Seems to me like the typical simplification of the conditions, where by saying that someone must have status under the EU scheme they actually also mean they must be a EU national.)

[adil8uk]

I have Quoted from the below link:
#Family visas: apply, extend or switch
Home Office Link www.gov.uk/uk-family-visa/partner-spouse:

[meself2]

I have Quoted from the below link:
#Family visas: apply, extend or switch
Home Office Link www.gov.uk/uk-family-visa/partner-spouse:

the quote is from the form (https://visas-immigration.service.gov.u ... ily-routes) it seems

from the link you gave:

Your partner must also either:

be a British or Irish citizen
have settled in the UK - for example, they have indefinite leave to remain, settled status or proof of permanent residence
be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status - they must have started living in the UK before 1 January 2021

so pre-settled for nonEU won't work, as stated by kamoe

[adil8uk]

The husband has lost his job.

Can anyone suggest what the application needs to do;
Apply on the basis of your private life
and fee waiver application.
Later when the wife completes EU Presettlement completes 3.5 years and gets ILR will husband can come on the dependent.

Your suggestion and advise are highly appreciated.

[CR001]

How long has the new husband been in the UK and what visa exactly does he hold?

If he holds a student visa and has completed his studies, he could apply for the Graduate Route visa which is a 2 hear visa.

Has he completed his studies?

[adil8uk]

How long has the new husband been in the UK and what visa exactly does he hold?
Master Degree came UK on Student Visa August 2021 and Visa Valid until 27 Jan 2023

If he holds a student visa and has completed his studies, he could apply for the Graduate Route visa which is a 2 year visa.
He failed one subject in his Master Degree and got PG Diploma, not eligible for Graduate Route

Has he completed his studies?
Yes, the Course end

[CR001]

2)Divorce is under process and one child is there with the previous marriage.
3)She is claiming benefits and not working.
4)she met a new partner dating the website Indian International Student and married in Masjid in June 2022

So she is not divorced yet from her EU spouse and married someone else. Her second marriage would not be recognised in the UK as she was not free to marry.

As the new husband has been here for such a short period of time, a private life application is highly likely to fail as he is not married in UK law as she is not divorced yet.