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Settled Status and Family Member

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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jafferdeen
Member of Standing
Posts: 305
Joined: Wed Sep 11, 2013 3:48 pm

Settled Status and Family Member

Post by jafferdeen » Tue Feb 07, 2023 9:28 am

Hi

I have a friend who has Settled status and he is living in France now.
He wants to apply for his wife visa.He got married in 2017 .

Will he need to apply pre-settled status for his wife ?In this case , Will he needs to come back to the UK before applying for wife ?

or

he will need to apply under partner route and show income of £18600?

please guide
J Khan

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Settled Status and Family Member

Post by kamoe » Tue Feb 07, 2023 9:51 pm

jafferdeen wrote:
Tue Feb 07, 2023 9:28 am
I have a friend who has Settled status and he is living in France now.
He wants to apply for his wife visa.He got married in 2017 .
Is it their intention to move back to the UK?
Will he need to apply pre-settled status for his wife ?In this case , Will he needs to come back to the UK before applying for wife ?
The normal course of action would be for her to apply for a EUSS Family Permit to gain entry into the UK, and then, apply for Pre-Settled status, once they are back and living in the UK.

Is there a reason he wants to submit her pre-Settled Status application before they come to the UK? If he is worried that she might be questioned at the border without a status, that's what the EUSS Family Permit is for.
he will need to apply under partner route and show income of £18600?
Again, what's their intention? If moving back to the UK, they can apply under the settlement scheme, no need to go through the partner visa. There is no income threshold required under the settlement scheme.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

secret.simon
Moderator
Posts: 11214
Joined: Thu Feb 21, 2013 9:29 pm

Re: Settled Status and Family Member

Post by secret.simon » Wed Feb 08, 2023 8:49 pm

jafferdeen wrote:
Tue Feb 07, 2023 9:28 am
a friend who has Settled status and he is living in France now.
Is your friend an EU citizen or a non-EU citizen living in France?

To the best of my knowledge, an EU citizen with Settled Status can sponsor their pre-2020 spouse under Appendix EU, but a non-EU citizen with Settled Status needs to sponsor their spouse under Appendix FM (with the £18,600 requirement, etc).

It is the citizenship of the sponsor that matters.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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