Article 10 Card and Pre Settled Status

[sajidriaz1313]

Hi

Just a quick and probably tricky question. A friend of mine has got Article 10 EU family member visa. He came here in UK along with his Wife in Dec 2018. At the airport they asked for marriage certificate as proof of relationship and let them enter UK.
His wife will be using her treaty rights in Uk as she has been hired to work full time starting from 15th of February. I’ll highly appreciate if anyone can please answer below questions.

1: Can my friend stay in UK for more than 90 days? As at airport he was told he’s got 90 days to stay.

2: Does he need to make application for EU family member visa here in UK if he wish to stay here longer than 90 days.

3: Cab he apply for Pre Settled status along with His Mrs? I’ve

Thanks in advance

[kamoe]

1: Can my friend stay in UK for more than 90 days? As at airport he was told he’s got 90 days to stay.

He was merely given permission to enter, not indefinite permission to stay, so he's supposed to apply for a residence card or settled status as soon as possible. The immigration officer at the airport has sole discretion as to how long each person can stay. If he was told 90 days, then it's 90 days.

2: Does he need to make application for EU family member visa here in UK if he wish to stay here longer than 90 days.

Yes, that's what he has to do.

3: Cab he apply for Pre Settled status along with His Mrs? I’ve

Yes. Either Residence Card or Settled status, keeping in mind Residence Cards will have a limited validity due to Brexit.

[goodpartner]

he already has rights to stay in Uk as long as his wife is exercising her treaty rights. These rights are granted automatically, and after 29 of March when the system for settled/pre settled status will work, he can apply ONLY FOR PRE-SETTLED status. It is clearly said on uk website, that now pre-settled status can be granted to those who have residents cards.

So, to sum up. He can stay longer than 90 days.

[kamoe]

he already has rights to stay in Uk as long as his wife is exercising her treaty rights. These rights are granted automatically,

You are right, but only as long as the UK is in the EU. And if he wants to work, he' might be in trouble trying to prove right to work if he doesn't do anything. So the best thing is to apply for either (see below).

and after 29 of March when the system for settled/pre settled status will work, he can apply ONLY FOR PRE-SETTLED status. It is clearly said on uk website, that now pre-settled status can be granted to those who have residents cards.

Yes, but.... If he needs a CoA with the right to work now, might be best to apply for residence card. But if right to work is not an issue, or not urgent, seeing March is not too far away, he can opt to wait apply for Pre-Settled Status directly. In any case, converting a biometric Residence Card into Pre-settled status is free and straightforward.

So, to sum up. He can stay longer than 90 days.

If right to work is not an immediate issue.

[sajidriaz1313]

Thank you very much for your replies.

[heetdpatel]

Which Airline your friend use? Because Airline giving hard time and Which UK Airport he landed?

[goodpartner]

Wizzair, a friend of mine used it three times to travel to UK Luton Airport. It was without any problems because wizzair uses the IATA system and there is a clear article about the Article 10 residence card.

https://www.iatatravelcentre.com/intern ... 320068.htm

[ALMARIE]

Can we apply for a Provisional Driving License just with Article 10 rc? .thanks.