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pre-settlement as spouse of EU citizen

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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vonka
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Joined: Thu Apr 11, 2019 1:25 pm
India

pre-settlement as spouse of EU citizen

Post by vonka » Wed May 06, 2020 1:53 pm

Hi everyone,

I hold a Tier 4 UK visa (far from expiry date).
My fiance is an EU citizen with pre-settled status (i.e., currently living and working in the UK but not for as long as 5 years yet).

We are going to get married. How does my situation change? Should I keep my Tier 4? Can I apply for pre-settlement too?

Thank you!

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Zerubbabel
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Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: pre-settlement as spouse of EU citizen

Post by Zerubbabel » Wed May 06, 2020 2:11 pm

Hello

Once married, you may move to pre-settled status if you want to. This will be the end of your Tier 4 visa but you can keep studying as the pre-settled status allow for that.

Now, if you should do it or not, this is your decision:

1 - Keeping Tier 4:
Positive: your immigration status doesn't depend on your relationship
Negative: at the end of your studies, you have to leave the UK or find a Tier 2 sponsor (very hard)

2 - Moving to pre-settled:
Positive: you are in immigration path that quasi-automatically leads to settled status then citizenship
Negative: for a while, your status will be relationship-dependent. If your relationship collapses for whatever reason, you are home.

Imranali10
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Joined: Wed May 31, 2017 8:06 am

Re: pre-settlement as spouse of EU citizen

Post by Imranali10 » Thu May 07, 2020 8:41 am

hello zerubbabel, i heard after pre settle status your status is secure separation\divorce can not make effect on your status after 3 years of married and 1 year lived together in uk. is that true? i can not find an answer what if you have pre settle status and after 3 years of marriage relationships not working good and separation can finish your pre settle status or just with divorce can make effect?

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Zerubbabel
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Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: pre-settlement as spouse of EU citizen

Post by Zerubbabel » Thu May 07, 2020 10:05 am

Yes, it's 3 years marriage in total including at least 1 year in the UK.

You can read more here:
https://assets.publishing.service.gov.u ... 5.0ext.pdf

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: pre-settlement as spouse of EU citizen

Post by secret.simon » Thu May 07, 2020 5:34 pm

Imranali10 wrote:
Thu May 07, 2020 8:41 am
hello zerubbabel, i heard after pre settle status your status is secure separation\divorce can not make effect on your status after 3 years of married and 1 year lived together in uk. is that true? i can not find an answer what if you have pre settle status and after 3 years of marriage relationships not working good and separation can finish your pre settle status or just with divorce can make effect?
You have asked this question repeatedly across multiple threads. Three years must elapse between the marriage and the commencement of divorce proceedings, not the end. Also see an earlier response to your question.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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