Marriage presettlement

Hi

The son of my Italian wife came to the UK with a family member’s pre-settlement status. He arrived before 30/06/2021. After obtaining an Italian passport with his date of birth, he updated the information on the pre-settlement webpage. Now he has a job and wants to bring his fiancée to the UK for marriage. Can he do it?

gianig wrote: ↑

Sat Sep 16, 2023 3:23 pm

Hi

The son of my Italian wife came to the UK with a family member’s pre-settlement status. He arrived before 30/06/2021. After obtaining an Italian passport with his date of birth, he updated the information on the pre-settlement webpage. Now he has a job and wants to bring his fiancée to the UK for marriage. Can he do it?

No, as he will be unable to sponsor anyone on a settlement visa until he holds settled status. Also the conditions for a fiance or spouse visa will be under the UK Immigration Rules.

Thank you for your answer. I believed that after he provided the documentation with his Italian passport from the EU, he could continue independently and attain full pre-settlement rights, considering his immigration status would now be ‘Pre-settled’ and not associated with an EU settlement family member.

However, you mentioned that he continues to be connected with the EU settlement family member. Is this correct? Would it not be possible to rectify this with the Home Office?

gianig wrote: ↑

Sat Sep 16, 2023 6:18 pm

Thank you for your answer. I believed that after he provided the documentation with his Italian passport from the EU, he could continue independently and attain full pre-settlement rights, considering his immigration status would now be ‘Pre-settled’ and not associated with an EU settlement family member.

However, you mentioned that he continues to be connected with the EU settlement family member. Is this correct? Would it not be possible to rectify this with the Home Office?

He is required to have 5 years of residence in the UK in order to qualify for settled status. i,e Permanent Residence, Without that, he will be unable to sponsor anyone for a UK settlement visa.
The UK Immigration Rules are also much stricter, with more conditions than the EU settlement scheme.

Regardless of dependency, it's the status (settled or pre settled) that makes the difference. Settled status allows sponsoring. Pre settled doesn't.

gianig wrote: ↑

Sat Sep 16, 2023 6:18 pm

I believed that after he provided the documentation with his Italian passport from the EU, he could continue independently and attain full pre-settlement rights, considering his immigration status would now be ‘Pre-settled’ and not associated with an EU settlement family member.

No.

In order for him to enjoy independent status under the EU Settlement Scheme as a EU citizen on his own right (that is, not dependent on another EU sponsor) he would need to have been an Italian citizen residing in the UK before 31st December 2020. This is not retroactive. The rules are clear to state the condition that the relevant EU national needs to have started a continuous period of residence as a EU citizen before this date, so his becoming an Italian citizen after this cut off date won't make him qualify.

However, you mentioned that he continues to be connected with the EU settlement family member. Is this correct? Would it not be possible to rectify this with the Home Office?

There is nothing to rectify since there is nothing incorrect about him still being considered as a EU joining family member. That is the correct category for him.

kamoe wrote: ↑

Tue Sep 19, 2023 11:14 pm

The rules are clear to state the condition that the relevant EU national needs to have started a continuous period of residence as a EU citizen before this date, so his becoming an Italian citizen after this cut off date won't make him qualify.

There was a discussion about this ( post2110748.html#p2110748 ) since Italian citizenship is sometimes reinstated as if it was since birth - not sure if it's relevant here, but could be.

meself2 wrote: ↑

Tue Sep 19, 2023 11:32 pm

Italian citizenship is sometimes reinstated as if it was since birth - not sure if it's relevant here, but could be.

True. If, and only if, the OP's son arrived in the UK before 31st December 2020.

gianig wrote: ↑

Sat Sep 16, 2023 3:23 pm

He arrived before 30/06/2021.

June 30th 2021 was not the deadline for arriving, but the deadline for applying. The deadline for arriving as a EU citizen was December 31st 2020.

Joining family members (wether these are EU citizens or not) have never had a deadline for arriving in the UK, but these can only join the EU Settlement Scheme as dependent on a EU sponsor.

When exactly did your son arrive in the UK?