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EU Settled Status and getting married

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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jafferdeen
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Posts: 304
Joined: Wed Sep 11, 2013 2:48 pm

EU Settled Status and getting married

Post by jafferdeen » Wed Sep 15, 2021 10:40 pm

Hi

my friend is Spanish national. He is holding settled status in UK . He is getting married in Pakistan.
After marriage he wants to bring wife over here in the UK.

Can he still appply under EU route for his wife ?

or

Will he needs to apply spouse visa and show £18600 gross income and meet other requirements under old rules ?
J Khan

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU Settled Status and getting married

Post by secret.simon » Wed Sep 15, 2021 10:45 pm

jafferdeen wrote:
Wed Sep 15, 2021 10:40 pm
Will he needs to apply spouse visa and show £18600 gross income and meet other requirements under old rules ?
This.

For the spouse to apply under the EUSS, the marriage should have taken place (i.e. the spouse should have been a family member of the EEA citizen) before 31st December 2020.
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.

jafferdeen
Member of Standing
Posts: 304
Joined: Wed Sep 11, 2013 2:48 pm

Re: EU Settled Status and getting married

Post by jafferdeen » Thu Sep 16, 2021 6:55 am

So if some one who is EEA national and he has settled or pre settled status and he was married before 31/12/2020 he is eligible to bring family under EUSS

otherwise if someone get married now he will need to apply under spouse visa route which is for British nationals

is it corect?
J Khan

secret.simon
Moderator
Posts: 11028
Joined: Thu Feb 21, 2013 9:29 pm

Re: EU Settled Status and getting married

Post by secret.simon » Thu Sep 16, 2021 7:12 am

jafferdeen wrote:
Thu Sep 16, 2021 6:55 am
if some one who is EEA national and he has settled or pre settled status and he was married before 31/12/2020 he is eligible to bring family under EUSS
As I understand it (and I could be wrong), if the EEA citizen has status under the EUSS, they can sponsor people who were their family members on 31st December 2020 or their own children, even if born later, under the EUSS.

However, they can't sponsor a person who became their family member (i.e. spouses) after that date under the EUSS. That would be under the usual UK Immigration Rules for spouses.
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.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: EU Settled Status and getting married

Post by kamoe » Thu Sep 16, 2021 1:13 pm

jafferdeen wrote:
Thu Sep 16, 2021 6:55 am
So if some one who is EEA national and he has settled or pre settled status and he was married before 31/12/2020 he is eligible to bring family under EUSS

otherwise if someone get married now he will need to apply under spouse visa route which is for British nationals

is it corect?
They would be able to bring the spouse and the spouse parents, since the married relationship started prior to 31/12/2020.
They won't be able to bring any other family that were not related to them before 31/12/2020.

Which pretty much @secret.simon already explained :P
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.

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