Spouse EU Settlement

[Eduda]

Hi there

Here's my situation: I have pre-settled status, and my wife was not living in the UK because of her work.
Now, she came to the UK to stay for good; she entered on a tourist visa.

We were about to start the family member application when I realised that you can not apply from within the UK; she must leave and apply from her home country.

I read an article which says that the only way my wife would be able to apply WITHIN the UK for such a visa(residence) is by applying to the EU Settlement Scheme for family members, even if she's not from the EU,EEA or Switzerland.

Requirements :
*Must have pre-settled or settled status (I have pre-settled)
* Relationship started by 31/12/2020 (we've been married for 32years)

Anyone giving me some light on this matter would be highly appreciated.

[CR001]

What is your nationality?

Are you an EU citizen or a non-EU citizen with pre-settled status?

[Eduda]

Hi, I am an EU citizen .

[Angel99]

Hi,
The settlement scheme does not cover your wife anymore. She needs to apply for standard visa.

[secret.simon]

Were you married before or after 31st December 2020?

[CR001]

Were you married before or after 31st December 2020?

Relationship started by 31/12/2020 (we've been married for 32years)

[Angel99]

Were you married before or after 31st December 2020?

You can only apply to stay with your family member if you have either:

an EEA or EU Settlement Scheme family permit - you must apply within 3 months of arriving in the UK

a residence card

a valid visa - for example, a work, study or family visa

If you came to the UK as a visitor and are a citizen of a country outside the EU, EEA or Switzerland, you’ll need to leave and apply from outside the UK.

[Eduda]

Ok, and to apply for the Family Visa, does she need to leave the country ? There's no way to do it within the UK ?
It is insane, we've been married for 32 years.

[Eduda]

Ok, and to apply for the Family Visa, does she need to leave the country ? There's no way to do it within the UK ?
It is insane, we've been married for 32 years.

[Angel99]

Ok, and to apply for the Family Visa, does she need to leave the country ? There's no way to do it within the UK ?
It is insane, we've been married for 32 years.

Yes she needs to apply outside UK..

The duration of the marriage doesn't count now. She needed to be in the country before the deadline.

[secret.simon]

Yes she needs to apply outside UK..

The duration of the marriage doesn't count now. She needed to be in the country before the deadline.

Are you sure about that?

As I understand it, if the EEA citizen partner is in the UK before 31st December 2020 (which they were because they have got pre-settled status), and provided the relationship (in this case, the marriage) had started before the relevant date, they can sponsor that spouse at any time, under Appendix EU.

To the best of my knowledge, there is no requirement for the spouse to have lived in the UK before that date, provided the relationship was formed before that date.

I think the spouse can be sponsored under Appendix EU, and from within the UK. But I could of course be wrong and invite others to comment (especially @alterhase58, @meself2 and @Obie).

[Angel99]

Yes she needs to apply outside UK..

The duration of the marriage doesn't count now. She needed to be in the country before the deadline.

Are you sure about that?

As I understand it, if the EEA citizen partner is in the UK before 31st December 2020 (which they were because they have got pre-settled status), and provided the relationship (in this case, the marriage) had started before the relevant date, they can sponsor that spouse at any time, under Appendix EU.

To the best of my knowledge, there is no requirement for the spouse to have lived in the UK before that date, provided the relationship was formed before that date.

I think the spouse can be sponsored under Appendix EU, and from within the UK. But I could of course be wrong and invite others to comment (especially @alterhase58, @meself2 and @Obie).

Whether they were married for so many years, if the spouse left the UK without applying for the settlement scheme or did not have the EEA residence card after the deadline, she is not entitled to travel to UK with tourist visa and apply for it within. It's same as if you left an EU country before applying for residence permit, you will have to start all over with a visa but same purpose.

For UK style, there is a family permit for EU/EEA relatives.

https://www.citizensadvice.org.uk/immig ... his%20date

[Angel99]

Even under the Appendix EU guidelines, The spouse needs to have a reasonable grounds for the late EUSS application and also needs to be excercising her rights under the old EEA regulations, thus have a EEA residence card/EEA family permit or EEA Permanent residence card.