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Coindealer wrote: ↑Wed Jan 29, 2020 6:52 pmHi everyone. I could really use some help and advice as I can't seem to find any correct information regarding my rights as an E.U citizen living in the U.K. I am looking to marry my non EU Ukranian girlfriend in April of this year and I would like her to live with me in the U.K. It would be great if someone could answer the following questions for me.
1) Is it still possible to exercise my E.U treaty rights for my non E.U spouse to live with me in the U.K post 31/01/20 Brexit deadline.
2) If the above is possible, will my right to have my non EU spouse be affected if we marry after the 31/01/2020
3) Does the fact that we have only been together for 1 year to this date affect my right to have her with me as my spouse?
4) If I can do all of the above and exercise my rights what is the first thing I need to do after we are married?
5) How do I exercise these rights? Will she be granted the right to remain and work in the U.K?
There is no clear information on anything relating to my circumstances anywhere. Please could someone help me.
Yes, the deadline is now 31/12/20.Coindealer wrote: ↑Wed Jan 29, 2020 6:52 pm1) Is it still possible to exercise my E.U treaty rights for my non E.U spouse to live with me in the U.K post 31/01/20 Brexit deadline.
No, marrying in April is fine.Coindealer wrote: ↑Wed Jan 29, 2020 6:52 pm2) If the above is possible, will my right to have my non EU spouse be affected if we marry after the 31/01/2020
No. A year is long enough to help dispel the idea that the marriage will be one of convenience.Coindealer wrote: ↑Wed Jan 29, 2020 6:52 pm3) Does the fact that we have only been together for 1 year to this date affect my right to have her with me as my spouse?
Where is your fiancée now? In most cases, the first thing to do is to prepare her application for a family permit under the EU scheme to come and join you in the UK. If you're adventurous, you take a journey on the surface to the UK using your marriage certificate to cross borders, with her getting a Schengen visa at the first EU border and then an EEA regulations stamp at the UK border in France or Belgium.Coindealer wrote: ↑Wed Jan 29, 2020 6:52 pm4) If I can do all of the above and exercise my rights what is the first thing I need to do after we are married?
On arriving in the UK, she should apply for pre-settled status as your wife. She will then get a BRP which should satisfy any prospective employer of her right to work. Technically, she doesn't need the BRP until the middle of 2021, but few employers would risk employing her without it. As your genuine wife, she would have the right to remain and work from when she arrived in the UK in 2020 even if she sneaked in in the back of a lorry. She will ultimately need a BRP to preserve these rights.Coindealer wrote: ↑Wed Jan 29, 2020 6:52 pm5) How do I exercise these rights? Will she be granted the right to remain and work in the U.K?
If anything, not immediately applying for the family permit would raise red flags!Coindealer wrote: ↑Fri Jan 31, 2020 8:09 amWe are applying for the permit about a week after we get married. Would that raise red flags? Should we wait a number of months after getting married before appoint? I am just concerned that the slightest thing could cause the application to be rejected...
What part of the EEA Regulations, the EU Settlement scheme (which is part of the Immigration Rules) or Home Office 'internal' guidance requires that your *wife* be or have been a dependant?Coindealer wrote: ↑Sun Feb 02, 2020 3:32 pm1) What do the home office define as "dependant" is there a certain amount of money I should be sending my partner.
Yes. However, you ought to need to be able to rebut the reason for the refusal unless it was a matter of not following procedure. The reason may well be shared with the Schengen system, which you will have to pass to get into France.Coindealer wrote: ↑Sun Feb 02, 2020 3:32 pm2) if the permit is refused could we enter the U.K through France exercising my treaty rights?
No. The 'code 1A' stamp has been replaced by the 'EEA Regulations' stamp. Last I heard, the latter was indefinite, which strongly suggests that it would be inadequate for a right to work check.Coindealer wrote: ↑Sun Feb 02, 2020 3:32 pm3) if we can enter through france with a 1A stamp ----How long is it valid for?
- Can she then apply for the EU settlement scheme?