EU Settlement Scheme and Non-EU Wife

[Irishaodhan]

Hello,

I've recently became confused and worried about the EU Settlement Scheme.

About myself: I'm a Irish citizen who has lived in Scotland for 25 out of my 27 years and I am married to a Ukrainian. We live together and she is on her first Definite Leave to Remain visa with the renewal date for June 2022.

I hadn't given the EU Settlement Scheme much thought as Irish citizens do not need to apply but I have found mention on several websites that it might be recommended for Irish citizens with non-EU citizens to apply. The links below is where I found this information and I have pasted the actually quote

1) https://www.london.gov.uk/what-we-do/eu ... cc-i-58628
"While Irish citizens, those with indefinite leave to remain, are not required to apply, it is recommended that they do as there are benefits to doing so, particularly for family reunification right later."

2) https://www.freemovement.org.uk/how-wil ... une%202021.
"In particular, Irish citizens with non-European family members may find that applying will help their family member’s application. The non-EU family member of an Irish citizen can apply for settled status without the Irish citizen applying, but would have to show that the Irish citizen would have been granted settled status if they had applied."

3) https://www.irishtimes.com/news/world/u ... -1.3539418
"Irish citizens living in Britain with non-EU spouses will, however, have to provide proof of residency for their spouse to remain in the country."

I went to apply for the EU Settlement Scheme, but then noticed that non-EU citizens can apply for it to which has added additional confusion. I then found a website the compounded this: https://ukandeu.ac.uk/eu-settled-status ... nationals/. "If you are not an EU national, but you are, for example married to one (e.g. a Brazilian husband with a Polish wife), or you are the family member of an EU national living in the UK (child or parent for example), you can also make an application under the EUSS scheme to regularise your status in the UK. This group is often referred to as ‘non-EU family members of EU nationals’ (NEFM)"

My wife's next visa will be her second Definite Leave to Remain, so this is confusing as surely she is a part of the Leave to Remain immigration scheme and would not need to apply for a separate scheme?

SO... my questions are
1) Should I apply for EU Settlement Scheme to make my wife's next visa application easier
2) Does my wife have to apply for the EU Settlement Scheme, or would she only have to do this if I apply for the EU Settlement Scheme?

[kamoe]

she is on her first Definite Leave to Remain visa with the renewal date for June 2022.

We need more.
Can you please clarify what exactly you mean by "Definite Leave to Remain visa"? I do not know of any visa known by that name.

In fact, all visas and permits that are not ILR (Indefinite Leave to Remain) could be interpreted to be Definite Leave to Remain, so this term alone does not help us know what exact immigration route she is on.

What does her visa/permit/card look like? Is it a sticker on her passport or a plastic card? What does it say? Where/how did she apply for it last time? For how long is it valid?

I am grossly assuming she has a EEA Residence Card, but until you confirm, it is difficult to really understand fully her circumstances and best advise you.

1) Should I apply for EU Settlement Scheme to make my wife's next visa application easier

Short answer is yes, since it is quick and free and is very likely also the quickest/cheapest route for her to obtain further leave. But again, it would be useful to know what her current status is.

2) Does my wife have to apply for the EU Settlement Scheme, or would she only have to do this if I apply for the EU Settlement Scheme?

You are asking the question the other way around. If anyone at all has any benefit from the EU Settlement Scheme it is her.

Question is: Do you have to apply, or can she apply without you applying first?
Answer is: In theory, she could apply without you applying, but this would delay things for her application. Best if you apply first, then her, and she links her application to yours (there is a space for this in the online form).

[littlerr]

If she has *Indefinite* Leave to Remain, she does not need to apply for the EU Settlement scheme. Otherwise, she must apply for the scheme.

The only difference between ILR and EU Settlement is that ILR allows a person to live outside of the UK for 2 years, whereas the EU Settlement allows the person to be absent for 5 years.

You don't have to apply for the scheme, but it will help expedite your wife's application should she need one.

[secret.simon]

she is on her first Definite Leave to Remain

A non-Indefinite Leave to Remain can be called either a Limited Leave to Remain or a Further Leave to Remain. A Definite Leave to Remain is a new one on us.

@kamoe's question is the important one. There are many different variants of Leave to Remain, even just for spouses, nd they all carry different rights and have different requirements.

So you would have to state precisely what it states on your spouse's biometric card (assuming that she has one) and, if you remember what application you have made to get it, the name of the application form, for us to guide you further.

[Irishaodhan]

Hi all,

Sorry about the incorrect terminology. I feel like a complete idiot!

Her biometric card states that her Type of Permit is a 'Spouse/Partner Leave to Remain' and is valid for two and a half years. The type of visa/application she applied for was 'Family Route'.

I hope that clears everything up.

Thanks in advance.

[kamoe]

Sorry about the incorrect terminology. I feel like a complete idiot!

No worries. Happens to all of us.

Let me give you a quick and simplified overview of the situation:

Before Brexit
Three categories of UK residents could bring their family members into the UK:

1. British citizens => Family visa, £1033 + health surcharge, minimum earning requirements
2. Non-British, Non-EEA citizens who are settled in the UK => £1033 + health surcharge, minimum earning requirements
3. EEA citizens exercising treaty rights (study, work, work seeker, self-sufficiency) => EEA route, £68, no health surcharge, no earning requirements

You read it right. A European Economic Area national who was not a British citizen had it way easier than a British citizen when it came to have their family members come to live with them in the UK. This was not uncontroversial, but, alas, not the point of this post.

After Brexit
The EU settlement Scheme has come to replace the EEA route. This has been in place since 2019 and only for a limited period of time (deadline for first application is June 30th 2021), in order to give everyone on the EEA route the chance to regularise their situation and switch to the new route in time. The landscape then looks like this:

1. British citizens => Family visa, £1033, minimum earning requirements
2. Non-British, Non-EEA citizens who are settled in the UK => £1033, minimum earning requirements
3. EEA citizens physically present in the UK => EU Settlement Scheme, £Free, no health surcharge, no earning requirements

Her biometric card states that her Type of Permit is a 'Spouse/Partner Leave to Remain' and is valid for two and a half years. The type of visa/application she applied for was 'Family Route'.

From what you describe, your wife is classified as the family member of either 1. or 2. above (are you dual Irish-British national?).

My wife's next visa will be her second Definite Leave to Remain, so this is confusing as surely she is a part of the Leave to Remain immigration scheme and would not need to apply for a separate scheme?

There is no "Leave to Remain immigration scheme". Again, pretty much everyone who eventually obtains a visa or permit and stays in the UK has leave to remain, and that can happen under a number of different routes; the list above is not exhaustive and only refers to some categories for family members.

I'm afraid that as an Irish citizen living in the UK, you might have qualified to have her apply under the EEA route, and save you a much more expensive application for your wife! But what's done is done. You could now have her switch to the EU Settlement Scheme.

Since your wife is not on the now-defunct EEA route (but probably should have been?) it is true that she does not "need to switch" to regularise her situation, but I hope you can see the benefit of being on the EEA-citizens route as opposed to the other two.

So that it is crystal clear: it is not that her applying and obtaining status under the EU Settlement Scheme will make her next visa easier, the status under the Settlement Scheme, in her case Pre-Settled Status, is her next visa. For free.

If you want to have her switch to the EU Settlement Scheme, then your steps are:

1. You to apply first yourself, to obtain an application number
2. Once you have applied, your wife to apply, filling in your application number when requested to fill the sponsor application number. This will link her application to yours.

I hope this makes it clear and answers your questions.

[kamoe]

Forgot to say a key element for your case: your wife'e eligibility for the EU Settlement Scheme and/or the way she can/should apply depends on wether you are a dual Irish-British national or not, whether you and your parents were born in Northern Ireland or not, and in the case of dual nationality, wether you have been dual national by birth. Can you please clarify this?

1. Do you hold dual Irish-British nationality? If so, since when? How did you acquire dual nationality?
2. Were were you and your parents born?

[Irishaodhan]

Thanks for that information. We both remember looking at the EEA route but were not sure if it applied to us and our solicitor never mentioned that route to us. If it is the case, we could have applied that way. I'll be kicking myself!

To answer your questions
1) I am only an Irish national citizen
2) I and my parents were born in the Rep. of Ireland

So if I understand you correctly - if I apply for the EU Settled Status, then my wife applies for Pre-Settled Status. She then does not have to apply for her second 'Spouse/Partner Leave to Remain' visa. Then after five years on the pre-settled status, she applies for Settled Status and that will be her done with immigration/visa stuff?

Thanks.

[Br28016]

I'm a relevant person of Northern Ireland and as a result my wife qualified for EU settlement scheme. She was on the first of the settlement visas. She got a five year visa.

As I understand it she can apply for settled status at the five years in country point so time on settlement visa should count. Settled status application under current rules is also a zero cost application.

Final benefit is that the application process is so much easier and friendly (having done both my preference is the EU settlement scheme).

No cost assuming you get a free appointment for biometrics

[kamoe]

We both remember looking at the EEA route but were not sure if it applied to us

That would have been a good time to come here and ask!

and our solicitor never mentioned that route to us.

Maybe he/she lives in a parallel universe?

If it is the case, we could have applied that way. I'll be kicking myself!

All points to that being the case, yes.

To answer your questions
1) I am only an Irish national citizen
2) I and my parents were born in the Rep. of Ireland

This is as straightforward as it can be. if you have only an Irish passport and have lived all your life in the UK, the obvious way for you would have been the EEA route. No competent solicitor would have told you or suggested you any other route.

So if I understand you correctly - if I apply for the EU Settled Status, then my wife applies for Pre-Settled Status. She then does not have to apply for her second 'Spouse/Partner Leave to Remain' visa.

Correct, because any of Pre-Settled or Settled status is her visa.

Then after five years on the pre-settled status, she applies for Settled Status

How long have you been married and living together in the UK? If more than 5 years, then she might get Settled Status directly, skipping Pre-Settled. The application is the same, she does not need to choose or do anything differently, only the outcome would be Settled or Pre-Settled.

and that will be her done with immigration/visa stuff?

The electronic status itself is enough for her to remain legally in the UK. So strictly speaking that could be the end of it.

BUT if she wants to travel abroad or prove her right to work or right to rent, then she might want to get a new biometric card. If she applies for status with the app using her current biometric card, then he application for a new card is not included in the process and she needs to apply to convert her card separately. If she applies for status with 'online+post' option, then the application for a new card is built-in the process. Biometrics need to be taken if and when she embarks on a new biometric card process.

[kamoe]

Then after five years on the pre-settled status, she applies for Settled Status

How long have you been married and living together in the UK? If more than 5 years, then she might get Settled Status directly, skipping Pre-Settled. The application is the same, she does not need to choose or do anything differently, only the outcome would be Settled or Pre-Settled.

I forgot to add that even if she has not yet completed 5 years as your wife in the UK, she can apply for Settled Status when she completes the five years from start of marriage, not from issue date of Pre-Settled status. So for example:

-Your marriage in the UK started in 2015 => She is eligible for Settled Status in 2020
-Your marriage in the UK started in 2018 => She is eligible for Settled Status in 2023. Will get Pre-Settled Status now, but no need to wait until 5 years after being issued Pre-Settled Status (2026) only 5 years after starting her legal relationship to you in the UK (2023).

[Br28016]

The electronic status itself is enough for her to remain legally in the UK. So strictly speaking that could be the end of it.

BUT if she wants to travel abroad or prove her right to work or right to rent, then she might want to get a new biometric card. If she applies for status with the app using her current biometric card, then he application for a new card is not included in the process and she needs to apply to convert her card separately. If she applies for status with 'online+post' option, then the application for a new card is built-in the process. Biometrics need to be taken if and when she embarks on a new biometric card process.

If you are here on appendix FM then you are issued with a BRP. Back in August could use the BRP to apply using the app. After getting settled status and applying using the app and BRP my wife got a five year duration BRC as part of process. Not a lot of difference between the two apart from one saying permit and the other card.

[kamoe]

If you are here on appendix FM then you are issued with a BRP. Back in August could use the BRP to apply using the app. After getting settled status and applying using the app and BRP my wife got a five year duration BRC as part of process. Not a lot of difference between the two apart from one saying permit and the other card.

Oh, so if you apply with a card that is not a EEA card (e.g. a FM card outside of the EEA route, presumably the type of card the OPs' wife has), then the process will trigger the issuing of a new biometric card, without a separate process? And I am assuming new biometrics need to be taken?

[Br28016]

If you are here on appendix FM then you are issued with a BRP. Back in August could use the BRP to apply using the app. After getting settled status and applying using the app and BRP my wife got a five year duration BRC as part of process. Not a lot of difference between the two apart from one saying permit and the other card.

Oh, so if you apply with a card that is not a EEA card (e.g. a FM card outside of the EEA route, presumably the type of card the OPs' wife has), then the process will trigger the issuing of a new biometric card, without a separate process? And I am assuming new biometrics need to be taken?

Yes my wife had the FM card as was not legible at the time to use the EU route. Would have been so much nicer.

Had to do biometrics again for her and step children. As should have had the data from original appendix FM not sure why but as far as I know everyone from appendix FM applying to EU settlement scheme has to do new biometrics appointment.

The EEA route had the advantage that the card had the family member of EU national which would make traveling easier at least in the past. New settlement scheme cards don't have it.

[sunshine010101]

Hi

I am joining this thread and hopefully will find the answer here. My husband is from non-EU country and has a Permanent Residence Card and I have Settled status.I'm from Poland. I am wondering if he also should go via EU settlement scheme application. Is there anybody in the same or similar situation?

Many thanks.

[kamoe]

Hi

I am joining this thread and hopefully will find the answer here. My husband is from non-EU country and has a Permanent Residence Card and I have Settled status.I'm from Poland. I am wondering if he also should go via EU settlement scheme application. Is there anybody in the same or similar situation?

Many thanks.

I'm afraid you are not supposed to "join threads" like that.

Exceptionally, the previous commenter contributed information that is relevant to the OP, and that is only because they have both the experience of applying under the Appendix FM and the EEA/Settlement Scheme. Note the previous comment is not starting a new question, but rather adding to the answer in development. This might have lead you to believe that you can tag onto other people's questions while adding yours, but that is not the case.

Please start your own topic if you want an answer to your particular situation.

[sunshine010101]

Thank you for your reply and help.
I will start my own topic.

Many Thanks

[Irishaodhan]

So I'm about to begin the process and by the way, she has only lived in the UK for just under two years so it would be per-settled status. Came over on as a fiance and then we applied for hersecond visa once married.

So by switching 'visas' this will nullify her her current visa which is valid until June 2022 and in 2024 (five years after she moved to the UK) she applies for Settled Status and that's it?

Thanks.

[kamoe]

So I'm about to begin the process and by the way, she has only lived in the UK for just under two years so it would be per-settled status. Came over on as a fiance and then we applied for hersecond visa once married.

So by switching 'visas' this will nullify her her current visa which is valid until June 2022 and in 2024 (five years after she moved to the UK) she applies for Settled Status and that's it?

Thanks.

Yes, I understand this will cancel her current visa.

The 5 years for Settled Status start counting when she became both a resident in the UK AND the wife of a EU citizen, which in her case seems to be the wedding date (not her moving date, if the wedding was after).

And yes, once she has Settled Status, that's it (unless she wants to pursue British Citizenship).

[Irishaodhan]

Thanks,

And what about her biometric card? Will that remain valid and she can use it when she re-enters the UK? I saw on the government website that applications for residency cards end on the 30th of June and something about them not being valid thereafter too?!!

[Irishaodhan]

And what about the NHS surcharge, will we no longer have t pay that??

[iwolga]

And what about the NHS surcharge, will we no longer have t pay that??

No NHS surcharge if she goes through EUSS.

[Irishaodhan]

Hello. Just wanted to thank everyone for the assistance. My wife was successful and received Settled Status.