sfljiaf wrote: ↑Tue Mar 05, 2019 8:29 am
kamoe wrote: ↑Mon Mar 04, 2019 10:50 pm
If the HO has already given the green light for the wedding to take place in April, you will be fine. When you get married you will be the direct family member of an EU citizen, an as such,
as long as your husband continues to be a qualified person in the UK, you will have an automatic right to accompany him, and strictly speaking you will not immediately need any further documentation to remain legally in the UK.
You should, of course, apply for Pre-Settled status as soon as you can, as this will facilitate your life in a number of ways (prove your right to work, travel, and rent accommodation, for example), but you will have sometime before the hard deadline: December 31st 2021 if the UK comes out of the EU with a deal, or June 30th 2020 in the event of no deal (see info on when to apply for settled status
here).
In the event of a no-deal Brexit, would one still qualify if the wedding is after Brexit date?
Good... question... In the event of a no-deal, if you were getting married abroad, and your Tier 5 was already expired, you would definitely need a Family Permit to regain access to the UK, and your previous automatic rights as the family member would no longer be automatic. But... given that you are getting married in the UK, I'm actually not sure if you can let expire your Tier 5.
One could argue that, in your case, the answer is yes, because your husband was in the UK before Brexit, so even in a no-deal scenario, he still has the right to bring his family to the UK during the transition period (until 31st December 2020).
The official communication in the Residence Card application page concerning EU citizens and their families reads as follows:
There will be no change to the rights and status of EU citizens currently living in the UK until 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.
But, to be on the safe side, and unless someone else arguments otherwise, best to apply for your Pre-Settled status as soon as you get married. You would get it very quickly if you apply via the Android app (2 days in most cases), and you'll be covered.
Now, regarding your question, I'm assuming you are referring to eligibility for Pre-Settled status?:
My understanding was that you'd have to be exercising treaty rights on Brexit day to qualify, but I've been wondering about this scenario. Do you have any source for this?
As the non-EU family member of an EU national, in a no-deal scenario, you qualify for Pre-Settled status if:
1) The EU national is exercising treaty rights in the UK by the time Brexit takes place AND one of the following:
A) You are in the UK before 31st December 2020
B) Your relationship began before 31st December 2020
(The above inferred from the section
'If you’re overseas and a family member of an EU citizen living in the UK' here.)
Let me know if the above answers your questions. I think that, if you plan your applications, you'll have plenty of time to be covered.
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.
