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non eu applying for pre settled with an expired family permit?

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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oceancat
Newbie
Posts: 32
Joined: Thu Mar 17, 2016 6:55 pm

non eu applying for pre settled with an expired family permit?

Post by oceancat » Fri Apr 05, 2019 10:02 pm

Hi,

As the title says will it be ok for my non eu partner to apply for pre settled with an expired family permit?
It has been expired with over a month will this be ok?

Thanks

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

Re: non eu applying for pre settled with an expired family permit?

Post by kamoe » Sat Apr 06, 2019 10:30 am

oceancat wrote:
Fri Apr 05, 2019 10:02 pm
It has been expired with over a month
Are they your unmarried partner?
What's their nationality?
Do they have any other visa or leave to remain in the UK?
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.

oceancat
Newbie
Posts: 32
Joined: Thu Mar 17, 2016 6:55 pm

Re: non eu applying for pre settled with an expired family permit?

Post by oceancat » Sat Apr 06, 2019 12:10 pm

kamoe wrote:
Sat Apr 06, 2019 10:30 am
oceancat wrote:
Fri Apr 05, 2019 10:02 pm
It has been expired with over a month
Are they your unmarried partner?
What's their nationality?
Do they have any other visa or leave to remain in the UK?
yes married
vietnamese
don't have no other visa just an expired family permit

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

Re: non eu applying for pre settled with an expired family permit?

Post by kamoe » Sat Apr 06, 2019 12:27 pm

oceancat wrote:
Sat Apr 06, 2019 12:10 pm
yes married
vietnamese
don't have no other visa just an expired family permit
As you used the word 'partner' I thought you were unmarried, in which case you would have an overstayer issue. But since you are married, your spouse has the right to be in the UK as long as you are exercising treaty rights, no matter if they have a valid Family Permit or not. Also, you don't need a Family Permit to apply for the Settlement Scheme, so the fact that theirs is expired represents to issue at all.
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.

oceancat
Newbie
Posts: 32
Joined: Thu Mar 17, 2016 6:55 pm

Re: non eu applying for pre settled with an expired family permit?

Post by oceancat » Sat Apr 06, 2019 1:07 pm

kamoe wrote:
Sat Apr 06, 2019 12:27 pm
oceancat wrote:
Sat Apr 06, 2019 12:10 pm
yes married
vietnamese
don't have no other visa just an expired family permit
As you used the word 'partner' I thought you were unmarried, in which case you would have an overstayer issue. But since you are married, your spouse has the right to be in the UK as long as you are exercising treaty rights, no matter if they have a valid Family Permit or not. Also, you don't need a Family Permit to apply for the Settlement Scheme, so the fact that theirs is expired represents to issue at all.
Thanks for your reply that's great to know.

richiesuk
Newbie
Posts: 46
Joined: Sun Apr 01, 2018 12:16 am
United Kingdom

Re: non eu applying for pre settled with an expired family permit?

Post by richiesuk » Mon Feb 03, 2020 3:07 pm

hello,

what if the family permit has expired but we are not in the UK ?
thanks

kamoe wrote:
Sat Apr 06, 2019 12:27 pm
oceancat wrote:
Sat Apr 06, 2019 12:10 pm
yes married
vietnamese
don't have no other visa just an expired family permit
As you used the word 'partner' I thought you were unmarried, in which case you would have an overstayer issue. But since you are married, your spouse has the right to be in the UK as long as you are exercising treaty rights, no matter if they have a valid Family Permit or not. Also, you don't need a Family Permit to apply for the Settlement Scheme, so the fact that theirs is expired represents to issue at all.

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