EU Citizen Settled Status, spouse and baby abroad

[Yaasamii]

Hi,


I am a dual citizen from both France and Algeria but born and raised in the UK and have settled status under the EU settlement scheme.

I got married to my non EU husband in June 2021 but had been with him since 2018 but still lived in the UK. I had been visiting and coming back to the UK, doing long distance until I got pregnant in 2023.

The pregnancy was hard and high risk that I couldn't leave Algeria without risk of losing my child so I've stayed until now. I've only just recovered.

I'm going back to the UK at the end of the month and taking my son with me.

My son has both Algerian and french citizenship, holding both passports.

Can I add him to my Settled status? Is there a way I could bring my husband to join us in the UK? What can I do to reunite my family together without having to live abroad and risk losing my settled status.

[blondesafari]

You can’t just take your son with you to live with you. He will need a visa to reside in the U.K. You will have to apply for this beforehand.

[secret.simon]

I got married to my non EU husband in June 2021 but had been with him since 2018 but still lived in the UK.

Did you live with him in "a relationship akin to marriage", with shared finances in the same place, for at least two years before 31st December 2020?

As for your son, I think you will need to apply for an EUSS family permit before you bring them. Wait for others to advise on this point.

At the very least, after coming to the UK, you will need to apply for Pre-Settled Status for them.

[vinny]

@secret.simon, see also related topic.

[secret.simon]

@vinny, can the child not apply for pre-settled status (assuming that they are not a British citizen by descent)?

[vinny]

Perhaps possible? I wasn’t aware of their marriage and relationship details previously.

[vinny]

However, they may not accept a relationship as durable without a relevant document?

[secret.simon]

However, they may not accept a relationship as durable without a relevant document?

I think so too. I was just thinking out aloud and exploring that possibility.

[Yaasamii]

I got married to my non EU husband in June 2021 but had been with him since 2018 but still lived in the UK.

Did you live with him in "a relationship akin to marriage", with shared finances in the same place, for at least two years before 31st December 2020?

As for your son, I think you will need to apply for an EUSS family permit before you bring them. Wait for others to advise on this point.

At the very least, after coming to the UK, you will need to apply for Pre-Settled Status for them.

No I had not lived with him as I was studying at the time and working. We were doing long distance and with COVID we couldn't get married prior to December 2020, even though we were Islamically married in 2019. Which I know isn't plausible under UK law as 'married'.

[secret.simon]

No I had not lived with him as I was studying at the time and working. We were doing long distance and with COVID we couldn't get married prior to December 2020, even though we were Islamically married in 2019. Which I know isn't plausible under UK law as 'married'.

OK. In that case, you'll need to sponsor your spouse on the same basis as a British citizen.

You will need to demonstrate an annual income of £29,000 per annum in the UK over at least six months.